USCIS Updates Guidance on Family-Based Immigrant Visas
Effective May 22, 2024, U.S. Citizenship and Immigration Services (USCIS) has updated its guidance on family-based immigrant visa petitions. The update includes an explanation of how USCIS corrects approval notice errors, processes requests for consular processing or adjustment of status on the beneficiary’s behalf, and handles routing procedures for approved petitions.
USCIS explained that the update clarifies procedures for family-based immigration petitions “to promote more efficient processing where the beneficiary’s preference for consular processing or adjustment of status is unclear or has changed or a correction is needed.”
The updated guidance “provides that if you do not clearly indicate whether your beneficiary wants consular processing or adjustment of status, we will use discretion to decide whether to send the approved petition to the [National Visa Center] for consular processing or keep the petition for adjustment of status processing, based on evidence of the beneficiary’s most recent location, including the beneficiary’s address on the petition,” USCIS said.
Details:
- USCIS alert, May 22, 2024.
- USCIS Policy Manual.
District Court Approves New Visa Applications and Fee Waivers for Travel Ban Class Members
Certain nonimmigrant and immigrant visa applicants who were refused visas under a Trump-era travel ban can now obtain a one-time fee waiver to submit a new visa application and receive a prioritized visa appointment, thanks to federal district court approval. Affected class members include nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen who were refused visas under Presidential Proclamation 9645.
The U.S. District Court for the Southern District of California also requires the government to notify all eligible class members and provide periodic reports.
Details:
- Visa Reconsideration and Fee Waiver for Applicants Impacted by Presidential Proclamation 9645, Klasko Immigration Law Partners, Client alert, May 20, 2024
- Emami v. Nielsen, Case 3:18-cv-01587-JD, Joint Proposed Injunction, May 14, 2024.
- Emami v. Mayorkas, 18-cv-01587-JD and 18-cv-07818-JD, Order re Summary Judgment, Aug. 1, 2022.
DHS Issues New ‘Western Hemisphere Parole’ Class of Admission
As part of the Biden administration’s actions to manage regional migration and facilitate “safe, orderly, and humane processing of migrants,” the Department of Homeland Security (DHS) has issued a new class of admission (COA), Western Hemisphere Parole (WHP). Individuals with this COA can be paroled into the United States, on a case-by-case basis, for up to three years. Such parolees are not authorized to work incident to their parole, DHS said, and must have an Employment Authorization Document (EAD) if they wish to work. DHS said that Systematic Alien Verification for Entitlements can provide an initial verification response of parolees with a COA of WHP. The initial response may also include work authorization information if the parolee has an EAD.
DHS noted that WHP parolees may have more than one valid immigration status or category and may also present valid immigration documents that demonstrate other pending applications or approved statuses or categories.
Cuban and Haitian nationals who are paroled into the United States under the WHP COA may be eligible to receive certain public benefits, DHS said.
Details:
- New COA for Western Hemisphere Parole (DHS notice), May 13, 2024.
- U.S. Government Announces Sweeping New Actions to Manage Regional Migration (DHS fact sheet), Apr. 27, 2023.
SAVE Will Soon Require Users to Review New Tutorial
Systematic Alien Verification for Entitlements (SAVE) will soon require users to review a new tutorial that “provides up-to-date guidance to help SAVE users correctly and efficiently use SAVE to verify benefit applicants.” The tutorial takes about 15 to 20 minutes to complete.
Effective May 28, 2024, SAVE users must review the new tutorial and certify completion of their review before creating new SAVE cases. SAVE users “are encouraged to review the tutorial now. When the certification is available on May 28, users can complete the certification without delay,” U.S. Citizenship and Immigration Services (USCIS) said.
Details:
- SAVE Requires Users to Review New Tutorial, USCIS, May 13, 2024.
Representatives Send Letter to USCIS Director Expressing Concerns About Work Authorization Process for Asylees and Humanitarian Parolees
Sixteen members of Congress sent a letter to Ur Jaddou, Director of U.S. Citizenship and Immigration Services (USCIS), with a copy to David Neal, Director of the Executive Office for Immigration Review, expressing their concerns with the process for submitting Employment Authorization Document (EAD) applications for asylees and humanitarian parolees.
The letter notes barriers that may prevent EAD-eligible individuals from completing their forms and receiving work authorization. Most notably, the letter says that “the cost of filing a Form I-765 (an application for employment authorization) ranges from $470 to $520 starting April 1, 2024, for parole-based EAD submissions. Although parolees can apply for a fee waiver with Form I-912, there is no option to file it online, despite the fact that Form I-765 can be completed online and a discount is offered for doing so. Additionally, both Form I-765 and Form I-912 are only available in English.” Furthermore, the letter states, the EAD application “is a lengthy, multi-step process, which may require assistance from an attorney or translator to complete.”
The letter asks several questions, and the signers offer to work with the Biden administration “to resolve agency-level barriers for EAD applicants in order to shorten processing and adjudication times.”
Details:
- Letter to Ur Jaddou, May 8, 2024.
Retrogression Likely in EB-2 and EB-3 Categories, Visa Bulletin for June 2024 States
The Department of State’s (DOS) Visa Bulletin for June 2024 notes that high demand in the employment-based second (EB-2) and third (EB-3) categories will most likely necessitate retrogression of the worldwide final action date (including Mexico and Philippines) next month to hold number use within the maximum allowed under the fiscal year 2024 annual limit. The bulletin states that DOS will monitor this situation and make any necessary adjustments.
The bulletin also notes that the National Defense Authorization Act (NDAA) for Fiscal Year 2024, signed into law on December 22, 2023, may affect certain current and former employees of the U.S. government abroad applying for Special Immigrant Visas (SIVs) abroad or adjustment of status in the United States. This does not affect certain Iraqis and Afghans, the bulletin notes, adding that applicants “should contact the consular section at which they filed their Form DS‑1884 for further information on the impact of that law on their case.”
Details:
- Warning: July Retrogression Expected, Klasko Immigration Law Partner, Client alert, May 10, 2024
- DOS Visa Bulletin for June 2024.
USCIS Clarifies Policy on Location of H-3 Training
On May 8, 2024, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance clarifying when H-3 nonimmigrants may participate in training provided on the property of an academic or vocational institution. USCIS noted that this was a clarification rather than a change in policy.
USCIS explained that generally, H-3 trainees “cannot participate in training provided primarily at or by an academic or vocational institution.” The updated policy guidance clarifies that “if other H-3 requirements are met, training that happens to take place on the physical property of an academic or vocational institution may qualify if the training program is primarily created, offered, and sponsored by a government agency or other nonacademic or nonvocational entity.”
Details:
- USCIS alert, May 8, 2024.
OFLC Seeks Comments on Proposed Three-Year Extension of Labor Condition Application and WH-4 Forms for H-1B, H-1B1, and E-3 Temporary Programs
The Department of Labor’s (DOL) Employment and Training Administration (ETA) announced its intent to extend the Office of Foreign Labor Certification’s Labor Condition Application (LCA) forms and the Wage and Hour Division’s WH-4 complaint form for three years and invited public comments until July 5, 2024. DOL proposes the extensions without changes.
The information collection request includes LCA Forms ETA-9035, ETA-9035E (electronic), ETA-9035 and 9035E Appendix A, ETA-9035CP Instructions, and the WH-4 complaint form.
Written comments must be submitted in accordance with the notice’s instructions.
Details:
- OFLC notice (scroll to May 6, 2024).
- Federal Register notice (with a link to submit comments) (May 6, 2024).
USCIS Reports Statistics on Employers and Beneficiaries for FY 2025 H-1B Cap Initial Registration
Following up on the U.S. Citizenship and Immigration Services’ (USCIS) previous announcement that it had received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap), USCIS reported several statistics in an email blast:
- The agency “selected 114,017 beneficiaries, resulting in 120,603 selected registrations in the initial selection for the FY 2025 H-1B cap.”
- During the registration period for the FY 2025 H-1B cap, the agency “saw a significant decrease in the total number of registrations submitted compared to FY 2024, including a decrease in the number of registrations submitted on behalf of beneficiaries with multiple registrations.”
- The number of unique beneficiaries this year for FY 2025 (approximately 442,000) was comparable to the number last year for FY 2024 (approximately 446,000). The number of unique employers this year for FY 2025 (approximately 52,700) was also comparable to the number last year for FY 2024 (approximately 52,000), USCIS said.
USCIS has notified all prospective petitioners with selected beneficiaries that they are eligible to file H-1B cap-subject petitions for those beneficiaries.
Details:
- USCIS alert (Apr. 1, 2024). See also FY 2025 H-1B Cap Registration Process Update (scroll down).
USCIS Reminds Certain Employment-Based Petitioners to Submit Correct Fees
U.S. Citizenship and Immigration Services (USCIS) announced on April 29, 2024, that it has updated its Frequently Asked Questions on the USCIS Fee Rule “to help certain employment-based petitioners understand how to submit the correct required fees.”
A newly added FAQ asks, How can I make sure that my filing is not rejected at intake for incorrect fees? USCIS’s response emphasizes the differences between “small employer” and “nonprofit” status and includes examples with details on how USCIS determines the required fees based on the various types of petitions and the employer’s responses to questions in the petition, and how employers should answer the questions and calculate the fees.
For example, for Form I-129, Petition for a Nonimmigrant Worker, USCIS provides several tips, including:
Part 5, Question 14 asks for your “Current Number of Employees in the United States.” If you check “Yes” to Part 5, Question 15, and you answer Question 14 with a number greater than 25, then your supporting documentation should demonstrate how you calculated the number of full-time equivalent employees as 25 or fewer. If we cannot determine the number of full-time equivalent employees, we may reject your petition.
Details:
- USCIS alert (Apr. 29, 2024).
CBP Issues 30-Day Request for Comments on Arrival/Departure Record and Electronic System for Travel Authorization
U.S. Customs and Border Protection (CBP) seeks comments on the Arrival/Departure Record (Form I-94) and the Electronic System for Travel Authorization (ESTA).
Comments are due by May 30, 2024, using the method described in the notice, which also provides contact information for those seeking additional information.
Details:
- CBP notice, 89 Fed. Reg. 34262 (Apr. 30, 2024).
Employment Authorization Granted to Eligible Palestinians under DED
U.S. Citizenship and Immigration Services (USCIS) has issued a significant update for Palestinians in the United States, as detailed in a recent Federal Register notice. Effective immediately, Palestinians covered by Deferred Enforced Departure (DED) are eligible to apply for Employment Authorization Documents (EADs) valid through August 13, 2025. This follows a memorandum issued by President Biden on February 14, 2024, which defers the removal of certain Palestinians present in the U.S. from the time of the announcement through August 13, 2025. The memorandum directs the Department of Homeland Security to implement measures facilitating work authorization for eligible Palestinians and excludes individuals who entered the U.S. after February 14, 2024, from DED eligibility. Applicants will need to provide acceptable documentation, such as a Palestinian Authority passport or identification card, to support their applications.
Additionally, the announcement includes provisions for Special Student Relief for Palestinian F-1 nonimmigrant students, allowing them to request employment authorization, work more hours during the school session, and reduce their course load while maintaining their F-1 status. These measures aim to assist Palestinians in maintaining economic stability and educational pursuits during their stay in the U.S. under DED. USCIS has committed to adjudicating each EAD application on a case-by-case basis, ensuring a fair, humane, and efficient process.
Details:
- USCIS notice (Apr. 12, 2024).
Klasko News
FIRM NEWS
The 2024 Lawdragon 100 Leading Immigration Lawyers
We are pleased to announce that in the May 2024 issue of Lawdragon, H. Ronald Klasko and William Stock were recognized as one of Lawdragon’s “100 Leading Immigration Lawyers”. Congratulations to them both!
RECENT SPEAKING ENGAGEMENTS
Timothy D’Arduini
On May 8th, Tim D’Arduini was a keynote speaker at the 2024 Migration and Organizations Conference at The Wharton School University of Pennsylvania on a panel entitled Learning from organizations supporting migrant transitions.
H. Ronald Klasko
On May 22nd, Ron spoke at the 2024 IIUSA EB-5 Industry Forum in Atlanta, GA on a panel entitled Sustainment & Redeployment.
Elise Fialkowski
On May 28th, Elise Fialkowski spoke at the 2024 NAFSA Annual Conference in New Orleans, LA.
UPCOMING SPEAKING ENGAGEMENTS
William Stock
Bill Stock will be speaking at the 2024 AILA Annual Conference in Chicago on the panel entitled Breaking the Limited Mindset: Utilizing Technology for Your Practice and Meeting Ethical Obligations.
Elise Fialkowski
Elise Fialkowski will be speaking at the 2024 AILA Annual Conference in Chicago on a panel entitled When You Aren’t Extraordinary Enough! How to Stop Worrying and Love the National Interest Waiver.
Andrew Zeltner
Drew Zeltner will be speaking at the 2024 AILA Annual Conference in Chicago on the panel entitled Permanent Residence: Non-Physicians Health-Care Workers.
Timothy D’Arduini
Tim D’Arduini will be speaking at the 2024 AILA Annual Conference in Chicago on the panel entitled Overview of the L-1 Intracompany Transferee Visa.
Brian Green
Brian Green will be speaking at the 2024 AILA Annual Conference in Chicago on a panel entitled Challenging Immigration Denials and Delays in Federal District Court.
RANKINGS AND AWARDS
The 2024 Lawdragon 100 Leading Immigration Lawyers
Klasko Immigration Law Partners is pleased to announce that in the May 2024 issue of Lawdragon, H. Ronald Klasko and William Stock are recognized as one of Lawdragon’s “100 Leading Immigration Lawyers”.
ICYMI: RECENT BLOG POSTS AND ALERTS
Considerations For Early-Career Scholars and EB-1B Outstanding Researcher/Professor Petitions
In this blog, Nigel James breaks down the EB-1B three-year experience requirement and provides considerations when exploring a potential EB-1B petition for those early in their professional careers.
Visa Reconsideration and Fee Waiver for Applicants Impacted by Presidential Proclamation 9645
In this client alert, Carolina Ribas informs that a federal district court has approved an agreement that allows refused visa applicants to obtain a fee credit to submit a new application.
Digital Nomad Visa Programs: An APAC Update
In this blog, Tim D’Arduini and Jordan Gonzalez discuss Japan recently joining the digital nomad visa party and the current state of digital nomad programs in the APAC region.
Why Immigration Lawyers Need to Know About EB-5
In this blog, H. Ronald Klasko explains the critical importance of why immigration lawyers should be knowledgeable on EB-5.
Warning: July Retrogression Expected
In this client alert, Carolina Regales covers the expected Retrogression in July and what you should do if your priority date is current.
Employers Should Plan for Lengthy PERM Processing Times
In this article, Dallis Terc warns employers to consider PERM processing times and plan accordingly until processing times improve and gives hope on how the FLAG System can help improve it.
The Immigration Considerations to Attract And Retain Remote Staff Working Abroad
In this blog, Tim D’Arduini, Jordan Gonzalez, and Sarah Holler outline the numerous considerations employers must consider when putting together a global remote work policy, from visas and work authorization to tax and labor law considerations.
H. Ronald Klasko and William A. Stock Recognized as The Nation’s Top Immigration Lawyers
In this release, Ron Klasko and Bill Stock have been recognized as one of Lawdragon’s “100 Leading Immigration Lawyers”.
FIRM FEATURE
Klasko recently launched a staff alumni network called “Klasko Konnects”. This community will share staff and alumni life and career updates as well as provide a hub for connection with past colleagues. If you are a staff alumnus of the firm, please join today!
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This newsletter was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Klasko Immigration Law Partners is an active member.
