Instructions for 2026 Diversity Visa Lottery Released

The Diversity Visa Lottery program makes immigrant visas available to qualified individuals from countries with historically low rates of immigration to the US. 55,000 immigrant visas will be available for Fiscal Year 2026. There is no cost to register, but applicants who are selected through a randomized computer drawing must meet strict eligibility requirements and pay an immigrant visa application fee if selected for an interview with a consular officer.  The online registration period for the DV-2026 Program begins on Wednesday, October 2, 2024, at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4) and concludes on Tuesday, November 5, 2024, at 12:00 noon, Eastern Standard Time (EST) (GMT-5).  Submission of more than one entry for a person during the registration period will disqualify all entries for that person.  

Link: Diversity Visa Instructions (state.gov)

October 2024 Visa Bulletin

The Department of State publishes a monthly Visa Bulletin which identifies all immigrant “preference” categories and indicates whether a backlog exists for each one. The categories are separated into two charts: a “Final Action” chart and a “Dates for Filing” chart for both family and employment-based immigration. In October 2024, 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 January 1, 2023, and April 15, 2022, respectively. USCIS determined that Chart B (Dates for Filing) must be used. 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.”

Link: Visa Bulletin For October 2024 (state.gov)

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

USCIS Continues its Tech Talk Sessions

Tech Talk sessions will continue to be held so constituents can get answers to common questions about the use of USCIS online accounts. The next sessions will be held on:

• Tuesday, Oct. 8, 2-2:45 p.m. Eastern 

• USCIS subject-matter experts will address common issues and questions related to online filing and be available to respond to questions. 

• Tuesday, Nov. 5, 2-2:45 p.m. Eastern

• Topic to be announced. 

Registration is not required. Participants should join using Microsoft Teams and Microsoft Edge, Google Chrome, or Mozilla Firefox as the web browser. USCIS encourages participants to submit questions in advance using the Teams Live link. To submit a question, click on the Q&A icon and enter a question. To request a disability accommodation to participate, email public.engagement@uscis.dhs.gov at least five business days before the engagement.  

USCIS Provides Guidance on Paying Fees and Completing Information for Form I-140, Petition for Alien Worker

The new edition of Form I-140 and the updated filing fees published by USCIS in April 2024 have led to a high number of forms rejected by the Agency at intake because of incorrect fees or missing information. USCIS issued guidance to help petitioners determine when the Asylum Program Fee is required based on the response to questions 5 and 6 on Part 1 of the I-140 form.

Link: Guidance on Paying Fees and Completing Information for Form I-140, Immigrant Petition for Alien Workers | USCIS

Dreamers’ Access to Employment-Based Visas Using D-3 Waivers – Updates Provided to Consular Officers

The Department of State updated its Foreign Affairs Manual clarifying that visa applicants who have earned a degree at an accredited U.S. institution of higher education and have received a job offer from a U.S. employer in a field related to their degree can qualify for expedited processing of D-3 waivers. D-3 waivers are required in situations where individuals seeking temporary admission to the U.S. are inadmissible due to a prior immigration violation. The updated guidance directs consular officers to consider an expedited review in the public interest where the applicant has a U.S. degree and is entering the country to resume or begin work with a U.S. employer. The updated guidance allows for more predictable and streamlined access to employment-based visas for college-educated and workforce-ready Dreamers.

Link: President Biden Announces New Actions to Keep Families Together | The White House

New Guide on How Higher Education Can Support DACA Recipients and Dreamers for Employment-Based Visas

The Presidents’ Alliance on Higher Education and Administration has compiled a guide for leaders and administrators at institutions of higher education who are interested in learning how to support prospective and current employees who are not U.S. citizens, including Deferred Action for Childhood Arrivals (DACA) recipients, with employment-based immigration pathways. The guide contains recommendations, best practices, and outreach strategies as well as an FAQ section dedicated to employment-based visas, sponsorship procedures, and an overview of the newest policy guidance on D-3 waivers. The Presidents’ Alliance comprises American college and university leaders dedicated to increasing public understanding of how immigration policies and practices impact students, campuses and communities.

Link: higheredimmigrationportal.org

USCIS Opens International Field Office in Quito, Ecuador

USCIS opened an international field office in Quito, Ecuador, on September 10, 2024, to provide immigration expertise to the U.S. embassy and regional partners in support of the Safe Mobility Offices in Ecuador. The Safe Mobility initiative facilitates expedited refugee processing through the U.S. Refugee Admissions Program and provides information and referrals to other lawful migration pathways to the United States and other countries. In addition to supporting refugee processing, the USCIS Quito Field Office assumes responsibility for processing Form I-730, Refugee/Asylee Relative Petition, overseeing DNA sample collection, conducting overseas verification requests, and other USCIS workloads that the Department of State’s consular staff currently handles. USCIS performs certain fraud detection-related activities and provides other limited services.  Services are available only by appointment; no walk-ins are allowed.

Link: Ecuador - USCIS Quito Field Office | USCIS

Designation of the State of Qatar into the Visa Waiver Program

Per a joint Department of Homeland Security and State Department announcement, nationals of Qatar will be eligible to apply for visa-free business or tourist visitor travel to the United States starting no later than December 1, 2024. Qatari nationals will be able to apply for visa-free visitor travel through the Electronic System for Travel Authorization (ESTA).

Link:  Press Releases | Homeland Security (dhs.gov)

USCIS Extends Certain Fee Exemptions and Expedited Processing for Afghan Nationals

Afghan nationals paroled into the United States on or after July 30, 2021, are eligible for continued fee exemptions and streamlined processing for various immigration benefits. The extension is being implemented to enable USCIS to more quickly process applications and requests for associated services. A full list of Fee Exemptions and forms eligible for Expedited Processing is available on the USCIS web site.

Link: USCIS Extends Certain Fee Exemptions and Expedited Processing for Afghan Nationals | USCIS

DHS Notice of Employment Authorization for Liberian Nationals Covered by Deferred Enforced Departure

Deferred Enforced Departure (DED) and employment authorization has been extended through June 30, 2026, for eligible noncitizens who are nationals of Liberia (or persons having no nationality who last habitually resided in Liberia). The extension applies to those who are covered under DED by the June 28, 2024, Presidential Memorandum.

Link: Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Liberia