Notice of Approval of New Credentialing Organization for Healthcare Workers for Certain Immigration Purposes

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On October 25, 2024, the Department of Homeland Security (DHS) posted a notice of the approval of a new credentialing organization, International Education Evaluations, LLC, for certain healthcare workers for certain immigration purposes.  Under relevant sections of the Immigration and Nationality Act, an individual seeking admission to the U.S. as an immigrant or nonimmigrant (whether applying for admission, a change of status, or adjustment of status in the U.S.) for the purpose of working in certain health care occupations must present a certificate from an authorized credentialing organization.  Under applicable regulations, DHS expressly authorizes the Commission on Graduates of Foreign Nursing Schools (CGFNS), the National Board for Certification in Occupational Therapy (NBCOT), and the Foreign Credentialing Commission on Physical Therapy (FCCPT) to issue such certificates.

DHS, after consulting with the U.S. Department of Health and Human Services, also established standards for the approval of additional credentialing organizations.  USCIS created an adjudication framework for the filing and processing of these applications using form I-905, Application for Authorization to Issue Certification for Healthcare Workers.  These regulations also provide for periodic review and termination of credentialing authority for organizations if necessary.

Diversity (DV) Lottery runs from October 2, 2024 through November 7, 2024

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On October 28, 2024, the State Department issued a correction to the entry period for the Diversity Visa 2026 (DV-2026) program year. Public Notice 12558, issued on October 1st, incorrectly listed the entry period as October 4, 2023 and ending on November 7, 2023. The correct entry period is October 2, 2024 through November 7, 2024. 

Information about this correction can be found here, and the corrected DV-2026 instructions can be found here.

3 Immigrants To America Win 2024 Nobel Prize In Economics

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The 2024 Nobel Prize in Economics was awarded to Daron Acemoglu (Massachusetts Institute of Technology), Simon Johnson (MIT) and James Robinson (University of Chicago) for their research on “how institutions are formed and how they affect economic prosperity”.  Dr. Acemoglu was born in Turkey, while Dr. Johnson and Dr. Robinson were born in the United Kingdon.  As noted by Forbes, “Immigrants have been awarded 38%, or 45 of 117, of the Nobel Prizes won by Americans in chemistry, medicine and physics since 2000, according to an analysis by the National Foundation for American Policy (updated through the 2024 awards). Immigrants also have been awarded 31% (24 of 78) of the Nobel Prizes won by Americans in economics, including 28% since 2000.” Forbes also states that this joint award demonstrates the “…continued contributions by immigrants to the United States.”

Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) designation for Lebanese nationals

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On October 17, 2024, the U.S. Department of Homeland Security (DHS) announced a new TPS designation for Lebanon for 18 months due to ongoing armed conflict and extraordinary and temporary conditions in Lebanon that prevent nationals of Lebanon from returning in safety. Those approved for TPS will be able to remain in the country while the United States is in discussions to achieve a diplomatic resolution for lasting stability and security across the Israel-Lebanon border. The designation of Lebanon for TPS will allow Lebanese nationals (and individuals having no nationality who last habitually resided in Lebanon) who have been continuously residing in the United States since October 16, 2024 to file initial applications for TPS, if they are otherwise eligible. Lebanese nationals who entered the United States after October 16, 2024 will not be eligible for TPS. More information about TPS, including how to apply for employment authorization, will be included in a forthcoming Federal Register Notice which DHS intends to publish in the next few weeks. Individuals should not apply for TPS under this designation until this Federal Register Notice is published.

USCIS has also posted a Federal Register Notice establishing procedures for those Lebanese nationals covered by President Biden’s July 26, 2024 grant of Deferred Enforced Departure (DED)to apply for Employment Authorization Documents (EADs) that will be valid through January 25, 2026. As described in the Federal Register Notice, eligible Lebanese nationals can apply for an EAD by filing Form I-765, Application for Employment Authorization. USCIS adjudicates each EAD application on a case-by-case basis to determine if an applicant meets all standards and eligibility criteria. More information about DED-based EADs is available on the USCIS website.

Click here for more on DHS Offers Protections for Lebanese Nationals Currently in the United States.

Instructions for 2026 Diversity Visa Lottery Released

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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

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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

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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:

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

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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

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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

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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