Visa Bulletin - July 2024

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, categories are folded into two charts: a “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.

In July, 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 for July are November 1, 2022, and February 1, 2022, respectively.

U.S. Citizenship and Immigration Services (USCIS) determined that Chart A (Final Action Dates Employment-Based Visa Applications) must be used. 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.

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

NOTE: The DOS just released the August Visa Bulletin in which they indicate that it is likely that EB3 preference category will either retrogress or become unavailable in September.

Link: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-august-2024.html

Redesignation Allows Additional Newly Eligible Yemeni Nationals to Apply for TPS and Employment Authorization Documents

DHS announced the extension and redesignation of Yemen for TPS for 18 months, from September 4, 2024, to March 3, 2026, due to country conditions in Yemen that prevent individuals from safely returning. The redesignation allows an estimated 1,700 Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) who have been continuously residing in the U.S. since July 2, 2024, to file initial applications for TPS, if they are otherwise eligible. The extension and redesignation do not apply to anyone who was not already in the U.S. on July 2, 2024.

Individuals who already have TPS and want to extend their status through March 3, 2026, must re-register during the 60-day re-registration period from July 10, 2024, through September 9, 2024, to ensure they keep their TPS and employment authorization. Eligible individuals who do not have TPS may submit an application during the initial registration period that runs from July 10, 2024, through March 3, 2026.

Link: Secretary Mayorkas Announces Extension and Redesignation of Yemen for Temporary Protected Status | USCIS

USCIS Extends Certain TPS Work Permits Through March 9, 2025

The work authorization of Temporary Protected Status (TPS) beneficiaries under the designations of El Salvador, Honduras, Nepal, Nicaragua, and Sudan are being extended through March 9, 2025. USCIS will issue Form I-797, Notice of Action, to TPS beneficiaries who are eligible to re-register for TPS or have a pending application to renew their Form I-766, Employment Authorization Document (EAD). The notice further extends the validity of their EAD through March 9, 2025. Employees may show their Form I-797, along with their TPS-based EAD (EAD with an A12 or C19 code), to any U.S. employer as proof of continued work authorization through March 9, 2025. After a new employee has completed Form I-9, Employment Eligibility Verification, employers must create a case in E-Verify for the employee. Employers should enter the EAD document number that was entered on Form I-9, as well as the automatically extended date of March 9, 2025. Employers must reverify these employees on Form I-9 before they start work on March 10, 2025.

Recent Developments with the Adjudication of Certain TN Applications in Mexico

Since October 2023, stakeholders have reported an increase in TN denials (both initial applications and renewals) at all three TN processing posts in Mexico which includes Mexico City, Guadalajara, and Ciudad Juarez. Certain occupational categories appear to be impacted namely agriculture, food safety, and some fields of engineering including auto. Some practitioners have theorized that the change in adjudication patterns is due to a 2023 “harmonization” process for TN adjudications that took place across all three posts. Though the DOS has not issued a definitive explanation for the reported denials, employers are reminded to send their employees to the Consulate with a well-documented application. Applications should be accompanied by evidence that the employee is fully qualified for the professional role and that the job duties align with the TN occupational category requested.

Key Takeaways:

The TN is only available for a narrow list of approved professional occupations. Before sending an employee to one of the Mexican Consulates for a TN, ensure that the job offered is a professional one that fits within one of the approved TN occupational categories and remind the employee that they should familiarize themselves with the requirements of the TN occupation they are applying for.

Link: For a full list of TN approved occupations and their respective requirements: CFR-2012-title8-vol1-sec214-6.pdf (govinfo.gov)

DOJ Reaches Settlement with Staffing Agency for Discrimination Against Noncitizens

The Department of Justice (DOJ) announced a settlement agreement with Selective Personnel Inc. (SPI), a California staffing agency. The DOJ had determined that SPI’s predecessor business entity, South Bay Safety (SBS), violated the Immigration and Nationality Act (INA) by regularly discriminating against non-U.S. citizens when checking their permission to work in the U.S. SBS was found to have required non-U.S. citizens to present specific types of documentation reflecting their immigration status to prove their permission to work while U.S. citizens were permitted to present any acceptable document as itemized on the list of acceptable documents. SPI was determined to be a successor in interest to SBS and liable for the violations. Per the settlement agreement, SPI will pay civil penalties, train employees on the INA’s requirements, revise its employment policies, and be subject to departmental monitoring.

Link: Office of Public Affairs | Justice Department Secures Agreement with Staffing Agency to Resolve Claims of Employment Discrimination | United States Department of Justice

Increased Login Security for E-Verify and SAVE

DHS announced on June 17, 2024, that login security will be enhanced for E-Verify and Systematic Alien Verification for Entitlements later this year. E-Verify browser users will begin using Login.gov to log into E-Verify. A multi-factor authentication process will be implemented and required, rather than the system just requiring a password for access. For example, along with the password, users may be asked to enter a code sent to their email or phone. The Agency states that these enhancements are being rolled out to reduce the risk of unauthorized account access due to human error, misplaced passwords, and lost devices.

Link: E-Verify is Enhancing Security for Account Login | E-Verify

DHS Extends Employment Authorization for Haitian & Yemeni F-1 Nonimmigrant Students Experiencing Economic Hardship Due to Crises in Home Countries

DHS extended Haiti’s designation for Temporary Protected Status (TPS) for another 18 months from 8/4/2024 through 2/3/2026. Haitian nationals (and individuals having no nationality who last resided in Haiti) who have been continuously residing in the U.S. since June 3, 2024, and who have been continuously physically present in the U.S. since August 4, 2024, may apply or re-register for TPS. Haitian nationals who are in F–1 nonimmigrant status and who are experiencing severe economic hardship due to the current crisis in Haiti may request employment authorization, work an increased number of hours while in school, and reduce their course load without jeopardizing their F–1 status.

A special Student Relief notice for F-1 nonimmigrant students whose country of citizenship is Yemen, or individuals having no nationality who last habitually resided in Yemen, has also been released. These eligible students may also request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain valid F-1 status through the TPS designation period. See below for more information on the TPS re-designation period for Yemen.

Links: Federal Register: Employment Authorization for Haitian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Haiti; and Secretary Mayorkas Announces Extension and Redesignation of Yemen for Temporary Protected Status | USCIS

Improving Consular Visa Application Process for Graduates of U.S. Colleges

On June 18, 2024, the Biden-Harris Administration announced actions to more efficiently facilitate employment-based nonimmigrant visas for graduates of U.S. colleges and universities who have a job offer in the U.S. This initiative will allow certain individuals to receive nonimmigrant work visas more quickly if they are eligible. The DOS expects to issue clarifying guidance for consular officers in the next 30 days.

Link: For a Q&A see: https://travel.state.gov/content/travel/en/News/visas-news/easing-the-nonimmigrant-visa-process-for-u-s--college-graduates-.html

DOS to Expand Passport Agencies in U.S. and Tests Beta Release of Online Passport Renewal System

Citizens seeking to obtain a U.S. passport will have access to six additional new passport agencies which will eventually open in Salt Lake City, UT; Kansas City, MO; Orlando, FL; Charlotte, NC; San Antonio, TX; and Cincinnati OH. The Department of State (DOS) announced this effort to support the record number of citizens applying for passports. Currently there are 35 passport agencies and centers in the U.S. and over 7,400 public passport acceptance facilities nationwide. While applications for first-time passports and renewals continue by postal mail, the DOS is testing a “beta release” of an online system for citizens to renew their passports.  Applicants must try to capture an application window each day since the system will only open for a limited time midday ET each day, and close once the daily application limit has been reached. The daily limits on online renewals will continue for several months while the software development process continues.

Link: For a full list of eligibility requirements and procedures, see Renew my Passport Online (state.gov)

DHS Announces Process to Promote Unity and Stability of Families

Noncitizens may apply for lawful permanent residence (a “green card”) based on their marriage to a U.S. citizen, but many are forced to depart the U.S. and process their applications abroad, causing them to be separated from their U.S. family members for long and uncertain periods of time. To avoid this, DHS has established a new process to consider case-by-case requests for foreign nationals to complete the immigration process inside the U.S. If approved, the applicant is permitted to remain in the U.S. with their family and apply for work authorization for up to three years. To be eligible, applicants must:

• Be present in the U.S. without admission or parole;

• Have been continuously present in the U.S. for at least 10 years as of June 17, 2024; and

• Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

Link: To read the full announcement: FACT SHEET: President Biden Announces New Actions to Keep Families Together | The White House