April 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 April, 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 are September 1, 2022 for China and March 1, 2021 for India. 

U.S. Citizenship and Immigration Services (USCIS) determined that the Final Action for Employment-Based Visa Applications Chart could be used in April. 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.” Very little to no forward movement is expected in the coming months since the final action dates for many categories advanced for April 2024.

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). 

DHS Announces Final Rule to Remove Obsolete Procedures and Requirements Related to F, J, and M Nonimmigrants

On April 2, 2024, the Department of Homeland Security (DHS) published a Final Rule in the Federal Register, Removal of Obsolete Procedures and Requirements Related to F, J, and M Nonimmigrants, which finalizes the requirements from the Interim Final Rule published in December 2022 without any significant changes, responds to public comments and amends 8 CFR 214.2. As part of this Final Rule, DHS further clarifies who may provide documentation to substantiate a student’s illness or medical condition for authorization of a reduced course load, removes obsolete language and corrects a form title. The rule will become effective 30 days after the date of publication in the Federal Register.

Department of Homeland Security Issues Notice of Special Student Relief (SSR) for Venezuelan and Burmese Students Experiencing Severe Economic Hardship

The Department of Homeland Security (DHS) posted a notice in the Federal Register that provides Special Student Relief (SSR) employment benefits for F-1 nonimmigrant students from Venezuela and Burma (Myanmar) who are experiencing severe economic hardship as a result of current armed conflict and humanitarian crisis. This notice extends relief from March 11, 2024, through September 10, 2025, for eligible Venezuelan students and from May 26, 2024, until November 25, 2025, for eligible students from Burma.

SSR is the suspension of certain regulatory requirements by the secretary of the U.S. Department of Homeland Security (DHS) for an F‑1 student from parts of the world that are experiencing emergent circumstances. Regulatory requirements that may be suspended or altered for an F-1 student include duration of status, full course of study and off-campus employment eligibility. 

SSR applies when emergent circumstances occur. Emergent circumstances are world events that affect F-1 students from a particular region and create significant financial hardships, such as but not limited to: 

• Natural disasters. 

• Wars and military conflicts. 

• National or international financial crises. 

To find a list of active SSR notices, visit the What’s New page on ICE.gov/SEVP. 

Department of State Issues Notice of Arrangement Between Austria and the Exchange Visitor Program

The State Department issued a notice for a new program between the United States and the Republic of Austria has been established in accordance with existing Exchange Visitor Program (EVP) regulations, including regulations applying to the Intern and Trainee categories. The program supports the purposes of the Fulbright-Hayes Act by increasing participants' understanding of American culture and society and enhancing Americans' knowledge of Austrian culture and skills through an open interchange of ideas.

The new exchange between the United States and Austria allows EVP participation of Austrian citizens aged 18 to 30 who are currently enrolled in (or are within 12 months of graduation at the time of program application) an Austrian accredited post-secondary or dual/vocational education program outside the United States. Austrian exchange visitors will be placed for periods of between six and twelve months at up to two U.S. private companies or non-profit institutions.

Under the arrangement, the government of the Republic of Austria has established a reciprocal program permitting U.S. citizens aged 18 to 30 and who have recently graduated (within 12 months at the time of program application) from a U.S. degree, diploma, or certificate-granting educational institution to participate in a working holiday program. Participants may stay in Austria for up to 12 months, pursuing employment with one or more organizations to supplement their funds or for educational purposes without the need for a work permit while they are on the cultural exchange.

Still Time to Comment on Schedule A, PERM Labor Certification to Shorten Green Card Processing for STEM and Non-STEM Occupations

The U.S. Department of Labor plans to revise portions of Schedule A of the permanent labor certification process to include more occupations in the Science, Technology, Engineering, and Mathematics (STEM) occupations and more non-STEM occupations. These revisions may ensure quicker green card processing for these vital STEM and non-STEM occupations, as Schedule A occupations are pre-determined not to have sufficient US workers available for employment. The public may provide input on the notice, including data and other relevant information on how the DOL can establish a reliable and transparent method of updating Schedule A. Comments/information are due by May 13, 2024.

If you, or your organization wishes to submit comments, these are the links to access:

• View Federal Register Notice, Extension of Public Comment Period, Labor Certification for Permanent Employment of Foreign Workers in the United States; Modernizing Schedule A To Include Consideration of Additional Occupations in Science, Technology, Engineering, and Mathematics (STEM) and Non-STEM Occupations

• View the PERM Schedule A RFI page

Form I-9 News

E-Verify announced that USCIS is launching a pilot program of E-Verify+ in Spring 2024. E-Verify+ will modernize and streamline Form I-9 and verification process for employees and employers. E-Verify+ will allow employees to enter their own personal information and documents and carry verification status over to new employment for a seamless integration with E-Verify, among other benefits.

Additionally, USCIS announced the release of a new video on remote examination of I-9 documents. Employers who participate in E-Verify and are in good standing are qualified to remotely examine employees’ documentation using a DHS-authorized alternative procedure at E-Verify hiring sites.

USCIS Reaches H-1B Numerical Allocations for FY 2025 During Initial Registration Period

U.S. Citizenship and Immigration Services announced that it has received enough electronic registrations for the initial registration period to reach the fiscal year (FY) 2025 H-1B cap, including the advanced degree exemption (master’s cap). The exact number of cap registrations submitted has not yet been disclosed by USCIS. USCIS began accepting H-1B cap petitions on April 1, 2024. Employers will have until June 30, 2024, to submit petitions on behalf of their selected employees.

EOIR Announces Opening of New Immigration Court in Lowell

The Executive Office for Immigration Review (EOIR) announced it will open a new immigration court in Lowell on April 8, 2024, expanding its presence in Massachusetts. The Lowell Immigration Court will have twenty-one immigration judges. EOIR will provide official advance notice to all parties whose cases are reassigned to the Lowell Immigration Court. The new courthouse will be located at 150 Apollo Drive, Suite 100, Chelmsford, MA 01824. If you have questions about the Lowell Immigration Court before it opens, please contact the Boston Immigration Court at 617-565-3080.

USCIS Provides Third Gender Option on N-400 and Announces New Citizens May Request Social Security Updates When Applying for Naturalization

USCIS announced that the revised Form N-400, Application for Naturalization, will provide a third gender option, “X,” defined as “Another Gender Identity.” The 04/01/24 edition of Form N-400 will be the first USCIS form to include the X gender option. Applicants filing this edition of Form N-400 on or after April 1, 2024, will have X immediately available as a gender option on their form.

Applicants who have a pending Form N-400 using the edition in effect before April 1, 2024, may request to update their gender on or after April 1, 2024, as well. For all other forms, individuals must wait until USCIS revises those forms to include the X gender option. The USCIS website provides a chart for foreign nationals to determine if they are eligible to use the X gender option.

Additionally, USCIS announced that applicants filing Form N-400, Application for Naturalization, will have the option to request an original or replacement Social Security number (SSN) or card and update their immigration status with the Social Security Administration (SSA). New citizens may no longer need to visit an SSA field office to apply for an SSN or replacement card or to provide documentation as evidence of their new U.S. citizenship status. 

DHS Extends and Redesignates Temporary Protected Status for Burma (Myanmar)

The Department of Homeland Security announced the extension and redesignation of Burma (Myanmar) for Temporary Protected Status (TPS) for 18 months, from May 26, 2024, to November 25, 2025, due to ongoing armed conflict and extraordinary and temporary conditions in Burma that prevent individuals from safely returning. The Federal Register provides information about how to register as a new or current beneficiary for TPS under Burma’s extension and redesignation.  

USCIS will continue to process pending applications filed under previous TPS designations for Burma. Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Burma, USCIS will grant the individual TPS through September 10, 2025, and issue an EAD valid through the same date. 

Under the redesignation of Burma, eligible individuals who do not have TPS may submit an initial Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from March 25, 2024, through May 24, 2024. Applicants also may apply for TPS-related EADs and for travel authorization. Applicants can request an EAD by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, or separately later. 

The Federal Register notice explains eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew their EAD, and for new applicants to submit an initial application under the redesignation and apply for an EAD.