August 2023 Visa Bulletin

Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one.  In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.

In August, the EB-1 preference category on the Final Action Chart for all countries will be backlogged. The EB-1 priority date for China and India is February 1, 2022, and January 1, 2012, respectively. The EB-1 priority date for all other countries will be August 1, 2023. This means an otherwise qualified foreign national with an approved EB-1 I-140 may not file the I-485 in August if their priority date is later than what is listed on the Visa Bulletin.

The EB-2 and EB-3 preference categories remains backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority date becomes “current.”

The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website. There is no additional information at this time on how various backlogs will progress starting in the new fiscal year (October 1, 2023).  Iandoli, Desai & Cronin will continue to monitor the situation and provide client updates if/when we receive additional information.

If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).

Department of Homeland Security Adds Eight Qualifying Fields of Study to the STEM Designated Degree Program List

The Department of Homeland Security (DHS) amended the DHS STEM Designated Degree Program List and added eight additional qualifying field of study and corresponding Department of Education Classification of Instructional Programs (CIP) code. The new codes are:

• Landscape Architecture (04.0601)

• Institutional Research (13.0608)

• Mechatronics, Robotics, and Automation Engineering Technology/Technician (15.0407)

• Linguistics and Computer Science (30.4801)

• Composite Materials Technology/Technician (15.0617)

• Developmental and Adolescent Psychology (42.2710)

• Geospatial Intelligence (43.0407)

• Demography and Population Studies (45.0501)

U.S. Citizenship and Immigration Services to Publish Revised Form I-9

U.S. Citizenship and Immigration Services (USCIS) will publish a revised version of Form I-9, Employment Eligibility Verification on August 1, 2023. Among the improvements to the form is a checkbox E-Verify employers can use to indicate remote examination of identity and employment authorization documents. Employers who were participating in E-Verify and created a case for employees whose documents were examined during COVID-19 flexibilities (March 20, 2020, to July 31, 2023), may choose to use the new alternative procedure starting on August 1, 2023, to satisfy the physical document examination requirement by August 30, 2023. Employers who were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person examination by August 30, 2023. The revised Form I-9 will be published on uscis.gov on August 1, 2023. Employers can use the current Form I-9 (edition date 10/21/19) through October 31, 2023.

Customs and Border Protection Announces ESTA Ineligibility for Travelers Who Have Been Present in Cuba

In January 2021, the Secretary of State designated Cuba as a State Sponsor of Terrorism, making individuals who have been present in Cuba on or after this date ineligible for travel under the visa waiver program (VWP). The restriction on VWP travel also applies to individuals who are dual nationals of both a VWP country and Cuba at the time of applying. On July 6, 2023, the Department of Homeland Security updated the Electronic System for Travel Authorization (ESTA) application to reflect these changes. If an ESTA application has already been approved and it is later determined that the traveler has been present in Cuba or holds dual nationality with both a VWP country and Cuba, ESTA will be revoked, with very limited exceptions for certain military and government employees.

Department of Homeland Security to Begin Implementation of Family Reunification Parole Process for Colombia, El Salvador, Guatemala, and Honduras

The Department of Homeland Security (DHS) announced the start of new family reunification parole (FRP) processes for nationals of Colombia, El Salvador, Guatemala, and Honduras whose family members are U.S. citizens or lawful permanent residents and who have received approval to join their family in the United States. Nationals of these countries can be considered for parole for a period of up to three years while they wait to apply to become a lawful permanent resident. Qualifying beneficiaries of an approved Form I-130, Petition for Alien Relative, must be outside the United States, meet all requirements, including screening and vetting and medical requirements, and must not have already received an immigrant visa. Individuals paroled into the United States will be able to apply for employment authorization while they wait to become a lawful permanent resident.

European Union Introduces New Visa Requirement for U.S. Citizens, Other Nationals to Travel to Europe

The European Union (EU) announced a new travel requirement for U.S. nationals and over sixty other visa-exempt countries. Citizens of these countries will not be required to obtain travel authorization to enter most European countries. Starting in 2024, visa-exempt nationals traveling to the EU for short-term stays, including visits for tourism and business, will need to obtain ETIAS travel authorization. ETIAS travel authorization is valid for a visit of up to 90 days within a 180-day period. Applications for travel authorization cost seven euros for people over 18 and under 70 years of age and can be completed on the ETIAS website. ETIAS is currently not operational and the date at which it will begin accepting applications has not been released. Most applications should be processed “within minutes” but the EU recommends applying well in advance of a trip in the event that an  application requires additional information or an interview.

USCIS Announces Online Self-Service Tool to Reschedule Biometrics Services Appointments

U.S. Citizenship and Immigration Services (USCIS) announced a new self-service tool allowing benefit requestors, and their attorneys and accredited representatives, to reschedule most biometric services appointments online. Previously, a biometric services appointment could only be rescheduled by calling the USCIS Contact Center. With this new tool, those individuals with a USCIS online account can reschedule most biometric services appointments without having to call USCIS. The new tool, however, cannot be used to reschedule an appointment that already has been rescheduled two or more times, is within twelve hours, or that has already passed.

U.S. Citizen and Immigration Services Expands myProgress to Form I-765 and Form I-131

U.S. Citizenship and Immigration Services (USCIS) announced the availability of myProgress (formerly known as personalized processing times) for Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document.  Applicants with a pending Form I-765 or Form I-131 can now log in to their USCIS online account to view confirmation of completed steps and estimated wait times until the next step in their case processing is completed. myProgress updates are available for applications filed online or for paper-filed cases later linked to a USCIS online account using an online access code.

Canadian Government’s New Program for H-1B Visa Holders Meets Target in Just Two Days

In June 2023, the Canadian government announced its “Tech Talent Strategy,” which includes a new program to provide work permits for 10,000 H-1B visa holders, including their dependent spouses and children over the age of sixteen. The work permits are valid for up to three years and meant to attract highly skilled workers to pursue careers in the tech sector. The measure is to remain in effect for one year or until 10,000 applications are received. Immigration, Refugees and Citizenship Canada (IRCC) reached 10,000 applications in less than 48 hours. Canada may reopen the program if not all applicants are approved and enter the country.

Federal Judge Blocks Biden Administration’s Asylum Policy

The U.S. District Court of Northern California has blocked the Biden Administration’s restrictions on migrants seeking asylum, stating that the rule is “substantively and procedurally invalid” and “contrary to law because it presumes ineligible for asylum noncitizens who enter between ports of entry, using a manner of entry that Congress expressly intended should not affect access to asylum.” The judge granted a 14-day stay to give the Biden Administration time to appeal the decision.