Visa Bulletin - December 2023

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 December, the EB-1 preference category on the Final Action Chart remains current for all countries other than China and India. The EB-1 priority dates for China and India have not advanced since the October Visa Bulletin was released.

U.S. Citizenship and Immigration Services (USCIS) determined that Chart B (Dates for Filing Employment-Based Visa Applications) could be used in November and December. Both 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 dates become “current.”

The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.

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

Visa Waiver Travel for Israeli Citizens

The Secretary of Homeland Security, in consultation with the Secretary of State, recently designated Israel into the Visa Waiver Program. Beginning on October 19, 2023, eligible Israeli citizens may apply online for travel authorization through the Electronic System for Travel Authorization (ESTA). ESTA travel authorization allows foreign nationals to travel to the U.S. for up to 90 days for tourism or business purposes without obtaining a U.S. visa. Eligible Israeli citizens and nationals must have a full-validity, biometrically enabled passport book. Obtaining a U.S. visa may still be the best option for some travelers, such as those who would like to stay in the United States longer than 90 days. ESTA applications may be filed on the official ESTA Application Website at U.S. Customs and Border Protection (CBP).

Reminder: Employers must use revised Form I-9 effective November 1, 2023

USCIS published 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 were required to complete an in-person examination by August 30, 2023. Employers must use the new version of Form I-9 (edition date 08/01/23) effective November 1, 2023.

Applicants for renewed employment authorization may receive automatic 180-day extension

U.S. Citizenship and Immigration Services (USCIS) announced that certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or employment authorization documents (EADs) while their renewal application is pending. This includes individuals who have applied for Temporary Protective Status or asylum.

Additionally, USCIS recently updated its Policy Manual to increase the validity period of EAD to five years for initial and renewal applications approved on or after September 27, 2023. The categories covered by this updated guidance include certain noncitizens who are employment authorized incident to status or circumstance and certain noncitizens who must apply for employment authorization.

Apple agrees to $25 million settlement with Department of Justice over discriminatory employment practices

The Justice Department announced that it reached a settlement agreement with Apple Inc. to resolve accusations of unlawful discrimination in hiring and recruitment against both U.S. citizens and specific non-U.S. citizens during the PERM recruitment process. Apple is required to pay up to $25 million in backpay and civil penalties, marking the highest sum recovered by the department under the anti-discrimination provision of the Immigration and Nationality Act (INA).

The department asserts that Apple engaged in citizenship status discrimination in recruitment for positions it hired through the PERM process, and that the company’s unlawful discrimination prejudiced U.S. citizens, U.S. nationals, lawful permanent residents, and those granted asylum or refugee status. Specifically, the department took issue with certain advertising and recruiting procedures for PERM positions that diverged from standard company policies.

Apple will be required to conduct more expansive recruitment for future PERM applications and be subject to a three-year period of monitoring by the department.

USCIS Proposed Rule to Amend H-1B Regulations

On October 23, 2023, U.S. Citizenship and Immigration Services issued a Notice of Proposed Rulemaking to amend the H-1B regulations. The proposed rule would implement changes to the H-1B visa program, including how USCIS conducts the H-1B registration selection process, criteria for a specialty occupation position, and cap-exempt employers. Public comments are due by December 22, 2023. Iandoli, Desai & Cronin will provide additional information after the updated regulations have been finalized.   

Special Student Relief Resource

Special Student Relief (SSR) suspends certain regulatory requirements for F-1 students from countries that are experiencing severe economic hardship as a direct result of humanitarian crises, natural disasters, armed conflict and other emergent circumstances. A U.S. Department of Homeland Security (DHS) declaration of SSR suspends restrictions related to on- and off-campus employment and alters the full course of study requirements for eligible F-1 students by permitting a reduced course load. For additional information about SSR, please refer to the Study in the States Special Student Relief page and What is Special Student Relief (SSR) infographic.

SSR is currently available to eligible F-1 students from the countries listed below. Please refer to the SSR Frequently Asked Questions page for additional information. A list of active SSR notices can be viewed on the What’s New page on ICE.gov/SEVP.

• Afghanistan (effective until May 20, 2025)

• Burma (Myanmar) (effective until May 25, 2024)

• Cameroon (effective until June 7, 2025)

• Ethiopia (effective until June 12, 2024)

• Haiti (effective until August 3, 2024)

• Hong Kong (effective until February 5, 2025)

• Somalia (effective until September 17, 2024)

• South Sudan (effective until May 3, 2025)

• Sudan (effective until April 19, 2025)

• Syria (April 1, 2024)

• Ukraine (April 19, 2025)

• Yemen (September 3, 2024)

USCIS issues guidance on foreign residence requirements for Exchange Visitors

On October 24, 2023, U.S. Citizenship and Immigration Services (USCIS) published updated guidance that is effective immediately to clarify how USCIS determines whether a foreign national has satisfied the two-year home residency requirement as a J-1 Exchange Visitor. Participants in the J-1 visa program who have a two-year home residency requirement must either apply for a waiver or return to their country of last permanent residence for an aggregate of two years before being eligible for certain immigration benefits, including a green card, H-1B, L-1, or K-1 visas.

USCIS will assess whether an exchange visitor has met the two-year home residency requirement by a “preponderance of the evidence” standard. USCIS also clarified that it will count a fraction of one day in the country of nationality or last residence towards the two-year home residency requirement. Situations in which it is impossible for an exchange visitor to return to their country of nationality or last legal residence will be decided on a case-by-case basis in consultation with the Department of State. USCIS also provides clarification on the exceptions to the requirement that a foreign medical graduate obtain a contract from a healthcare facility in a medically underserved area when seeking a waiver of the two-year home residency requirement.

November 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 November, there was almost no movement in the employment-based preference categories. The EB-1 preference category on the Final Action Chart remains current for all countries other than China and India. The EB-1 priority date for China is now February 15, 2022, and for India it has remained January 1, 2017. The priority date for the EB-4 category as well as for Certain Religious Workers is now March 1, 2019.

Though U.S. Citizenship and Immigration Services (USCIS) determined that Chart B (Dates for Filing Employment-Based Visa Applications) could be used in November, unfortunately both the EB-2 and EB-3 preference categories remain backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority dates become “current.”

The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.

Link:

US Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

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

October 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 October, the EB-1 preference category on the Final Action Chart is current for all countries other than China and India. The EB-1 priority date for China has remained February 1, 2022, and for India has advanced to January 1, 2017.

Though U.S. Citizenship and Immigration Services (USCIS) determined that Chart B (Dates for Filing Employment-Based Visa Applications) could be used in October, unfortunately both 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 dates become “current.”

The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.

Link:

US Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

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