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WR Immigration News Digest

Dec 12, 2024 | Immigration Updates

Top News

Removal of China, India, and Others from the Exchange Visitors Skills List

The Department of State has updated its Exchange Visitors Skills List, effective December 9, 2024, removing countries like China, India, Saudi Arabia, South Korea, and the UAE. Exchange visitors from these countries are no longer subject to the two-year foreign residence requirement tied to the skills list. This change applies to J visa holders whose countries have been excluded from the revised list.

Impact: Thousands of employees holding temporary visas (e.g. TN, O-1, E) will now be able to adjust status or change to H-1B.  Employers sponsoring J visa holders from the removed countries benefit from greater flexibility in retaining these workers. With the removal of the two-year return requirement, employers can explore H-1B or green card sponsorship without the employee fulfilling the two-year foreign residence requirement or seeking a waiver. Employers should stay updated on Advisory Opinion procedures for exchange visitors seeking a determination on the applicability of this requirement.

Permanent 540-Day Automatic Extension for Work Permits

The Department of Homeland Security has issued a final rule extending the automatic extension period for immigrant work permits from 180 days to 540 days. This measure follows two temporary rules introduced to address severe backlogs in Employment Authorization Document (EAD) processing times. The new rule, effective January 13, 2025, applies to applicants who filed renewal requests on or after May 4, 2022. It aims to prevent work authorization lapses caused by processing delays, benefiting both employees and their employers.

Impact: Employers now have greater assurance in retaining foreign national employees whose EADs are subject to renewal. This reduces workforce disruptions due to bureaucratic delays. Employers should stay informed about the rule’s effective dates and ensure timely filing of renewal applications to benefit from the extension.

FY 2025 H-1B Cap Reached

USCIS announced on December 2, 2024, that the FY 2025 H-1B cap, including 65,000 regular visas and 20,000 for advanced degree holders, is filled. Registrations not selected will show “Not Selected.” Cap-exempt petitions and filings for existing H-1B holders (extensions, employment changes, employer changes, and concurrent roles) remain unaffected.

Impact: Employers should prepare for the FY2026 H-1B registration process and/ or explore alternatives like cap-exempt roles, other visa types on behalf of employees who need immediate work authorization.

Expiration of Settlement Agreement on Bundled H-4/L-2 Processing

On January 18, 2025, the federal court settlement requiring USCIS to bundle H-4/L-2 applications with Form I-129 petitions for extensions or changes of status will expire. Under the settlement, H-4/L-2 applicants who filed Form I-539 concurrently with a premium processed I-129 petition have seen faster adjudication of their applications. This settlement, which has been in effect since January 2023, significantly reduced delays in processing dependents’ applications by adjudicating them alongside the principal’s petition.

Impact: Once expired, H-4/L-2 dependents may face longer processing times, even with premium processing for the principal’s petition. Employers and applicants should plan for potential delays in work authorization approval.

DHS to Supplement H-2B Cap with Nearly 65,000 Additional Visas for FY 2025

On November 15, 2024, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), announced that it expects to make available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year 2025, on top of the congressionally mandated 66,000 H-2B visas that are available each fiscal year, as it has done in years past.

Impact: Employers using H-2B visas will be able to answer more demand for labor, which is high in the service and manufacturing industries.

Related Posts:

USCIS Rescinds 2017 Policy Memorandum on H-1B Computer-Related Positions

On February 3, 2021, U.S. Citizenship and Immigration Services (USCIS) rescinded PM-602-0142, “Rescission of the December 22, 2000 ‘Guidance memo on H-1B computer related positions.’ ” USCIS said its officers should not apply the rescinded memo “to any pending or new requests for H-1B classification, including motions and appeals of revocations and denials of H-1B classification,” and that further guidance is forthcoming. USCIS explained that on December 16, 2020, the U.S. Court of Appeals for the 9th Circuit issued a decision in Innova Solutions v. Baran, where the court overturned USCIS’s denial of an H-1B nonimmigrant visa petition as arbitrary and capricious. The court’s opinion noted that while USCIS did not explicitly rely on PM-602-0142, the denial followed its logic. To ensure “consistent adjudications across the H-1B program, USCIS is rescinding PM-602-0142,” the new USCIS policy memorandum said. For more information please see: Source: https://www.uscis.gov/sites/default/files/document/memos/PM-602-0142.1_RescissionOfPM-602-0142.pdf

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H-1B Cap Travel FAQ for F-1 Students

By Kimberley Best Robidoux Q: When is the H-1B cap registration period? A: It is expected to be the first two weeks of March 2024 but as of January 24, 2024 the specific dates have not yet been announced by USCIS. Q: If I am maintaining F-1 status, can I travel while my H-1B cap registration is pending?A: Typically, international travel does not affect the H-1B cap registration process and the H-1B cap registration does not affect international travel. However, you must make sure that you are permitted to travel pursuant to your current F-1 status and have the information and documentation necessary to reenter the U.S. Q: If the H-1B registration is selected in the lottery and an H-1B petition is then filed with USCIS, can I travel abroad while my H-1B cap petition is pending with USCIS?A: That depends.  Q: If I am in F-1 status with a valid OPT or STEM OPT extension, what documents should I carry if I travel internationally prior to October 1st after my H-1B petition has been approved?  A: The F-1 student must have (1) passport valid for at least 6 months beyond the intended period of stay in the U.S.; valid […]

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