USCIS Rejects ‘Unusually High Number’ of Alien Worker Petitions, Releases Tips
U.S. Citizenship and Immigration Services (USCIS) said it has had to “reject an unusually high number of Forms I-140 (Immigrant Petition for Alien Worker) at intake because of incorrect fees and missing information” since it published a new form edition and new fees. The agency released tips for petitioners:
- When you file Form I-140, provide payment with your petition for the full $600 Asylum Program Fee, unless you qualify for a reduced Asylum Program Fee of either $300 or $0. If you do not provide the correct Asylum Program Fee, in addition to the $715 filing fee, USCIS may reject your filing.
- Also, because your answers in Part 1 of the form to questions 5 and 6 tell USCIS whether you qualify for a reduced fee, they cannot be left blank.
- Provide separate payments for the $715 filing fee and the Asylum Program Fee, using the same type of payment, either check/money order or Form G-1450 to pay with a credit card. Packages filed with more than one type of payment may be rejected.
USCIS provided a chart with guidance on how to complete questions 5 and 6 in Part 1 and determine the correct payment. USCIS also issued a reminder to check form editions before filing any forms.
Work Authorization Procedures Announced for Liberians Covered by DED
On September 23, 2024, U.S. Citizenship and Immigration Services (USCIS) announced procedures for Liberians covered by Deferred Enforced Departure (DED) to apply for employment authorization documents (EADs) that will be valid through June 30, 2026.
USCIS is automatically extending through that date the validity of DED-related EADs bearing a Category Code of A11 and a Card Expires date of March 30, 2020; January 10, 2021; June 30, 2022; or June 30, 2024. The agency noted that nationals of Liberia, and individuals having no nationality who last habitually resided in Liberia, do not need to apply for DED and are covered based on the terms described in President Biden’s directive.
USCIS noted that the Department of Homeland Security may provide travel authorization at its discretion to those covered under DED for Liberians. Individuals who wish to travel outside of the United States may file Form I-131, Application for Travel Document. Individuals can also apply for an EAD by filing Form I-765, Application for Employment Authorization.
A Federal Register notice at 89 Fed. Reg. 77885 (Sept. 24, 2024) provides additional information about DED for Liberia and how eligible individuals may apply for a DED-based EAD or travel authorization.
DHS Designates Qatar for Visa Waiver Program
The Department of Homeland Security (DHS) has designated Qatar for the Visa Waiver Program (VWP), to be implemented on December 1, 2024. DHS announced the designation via a final rule published at 89 Fed. Reg. 78783 (Sept. 26, 2024).
Eligible citizens, nationals, and passport holders from designated VWP countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant noncitizens for a period of 90 days or fewer for business or pleasure without first obtaining a nonimmigrant visa.
USCIS Extends Green Card Validity to 36 Months for Renewals
As of September 10, 2024, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of permanent resident cards (green cards) to 36 months for lawful permanent residents (LPRs) who file Form I-90, Application to Replace Permanent Resident Card. Form I-90 receipt notices had previously provided a 24-month extension.
USCIS has updated the language on Form I-90 receipt notices to extend the validity. The agency said that these receipt notices can be presented with an expired green card “as evidence of continued status and employment authorization.”
Those who no longer have their green cards and need evidence of their LPR status while waiting to receive their replacement green card may request an appointment at a USCIS Field Office via the USCIS Contact Center. In such cases, USCIS may issue an Alien Documentation, Identification, and Telecommunications (ADIT) stamp after the applicant files the Form I-90.
EB-5 Integrity Fund Fee Due October 1
The EB-5 Integrity Fund fee for fiscal year 2025 is due October 1, 2024. The annual fee is $20,000 for each designated regional center, except for those with 20 or fewer total investors in the preceding fiscal year in their new commercial enterprises, in which case the annual fee is $10,000.
The fees are used primarily to administer the EB-5 Regional Center Program as required by the EB-5 Reform and Integrity Act of 2022.
Annual Limit Reached in EB-2 Visa Category
On September 9, 2024, the Department of State (DOS) announced the issuance of all available visas in the employment-based second preference (EB-2) visa category for fiscal year (FY) 2024. The annual limit for EB-2 visas is 28.6 percent of the worldwide employment limit.
DOS noted that because all available EB-2 visas for FY 2024 have been used, embassies and consulates cannot issue visas in this category for the remainder of the fiscal year. The annual limit has reset the start of FY 2025 on October 1, 2024.
“Maximizing these visas facilitates legitimate travel for individuals with exceptional ability and professionals holding advanced degrees. These individuals bring contributions across many industries that greatly benefit the U.S. economy,” DOS said.
October Visa Bulletin: EB-4 Religious Workers Category Set to Expire
The Department of State’s Visa Bulletin for October 2024 notes that no employment-based fourth preference certain religious workers (SR) visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2024. Visas issued before that date were valid only until September 29, 2024, and all individuals seeking admission in the non-minister special immigrant category needed to be admitted into the United States by September 29, 2024.
The bulletin notes that the SR category is listed as “Unavailable” for all countries for October. If Congress extends the category, “it is likely it will become available effective immediately. If extended, the category will be subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability,” the bulletin states.
California Service Center Relocates; Filing Addresses Updated
The California Service Center (CSC) has moved to a new facility:
USCIS California Service Center
2642 Michelle Drive
Tustin, CA 92780 U.S.
Citizenship and Immigration Services (USCIS) said that the CSC has three new post office boxes to intake U.S. Postal Service mail, while UPS, FedEx, DHL, and all other commercial carrier mail will go to CSC’s new facility address. Additional information and links are available via the USCIS alert.
Brazil: New Immigration Pathway for Graduates of Brazilian Educational Institutions Forthcoming
On September 22, 2024, Brazil launched a new residence permit for international students to live and work in Brazil after graduation. This program allows foreign students who have completed their degrees in Brazil to apply for a residence permit to continue to live and work in the country after graduation.
Under this initiative, eligible graduates can apply for a two-year resident permit, which aims to retain skilled talent in sectors where there is high demand. The new immigration pathway is aimed to support industries such as technology, engineering, and healthcare. This option is different from other employment-based visas which also require work experience.
To qualify, graduates must have completed their studies at an accredited institution in Brazil and have a job offer from a Brazilian employer. In addition, hybrid coursework can be acceptable, most of the education must have been completed while the student was physically present in Brazil. Applications can be submitted up to six months following graduation, making it easier for students to secure employment while still connected to their academic networks. The permit will be valid for two years and renewable indefinitely.
For further details on eligibility and the application process, interested candidates are encouraged to visit the official government website or consult their universities.
Details:
Canada: New temporary policy to facilitate work permits for prospective Provincial Nominee Program candidates
Canada recently introduced a temporary policy aimed at advancing the transition of temporary residents to permanent status through their Provincial Nominee Programs (PNP). This policy will grant open work permits to PNP candidates awaiting the final decision on their permanent residency applications, allowing them to continue working and living in Canada without interruption.
The initiative is part of a broader effort by the Canadian government to address labor shortages by allowing skilled workers to fill or continue to fill without interruption critical needs in the labour market. By offering an open work permit, eligible candidates can remain employed with any Canadian employer, providing both stability for workers and an ongoing contribution to Canada’s economy. The work permit is valid for up to three years or until a decision is made on the individual’s PNP application. The temporary policy is in effect now until December 31, 2024.
This move aligns with Canada’s broader immigration strategy to retain skilled foreign workers, making the country an appealing destination for professionals from around the world. Provincial Nominee Programs already play a critical role in helping provinces and territories nominate individuals with skills that match local labor market needs. The new policy ensures that workers can maintain their employment without facing the uncertainty of visa expiration during the application process.
Immigration, Refugees and Citizenship Canada (IRCC) continues to focus on providing faster pathways to permanent residency for skilled temporary workers, addressing ongoing challenges related to labor demand across sectors such as technology, healthcare, and construction. By facilitating smoother transitions, this policy strengthens Canada’s immigration framework and boosts long-term economic growth.
Details:
Ireland: Changes to the Employment Permits Act
On September 2, 2024, Ireland’s Employment Permits Act, the biggest reform of Ireland’s employment permits since 2006, went into effect. The changes are meant to create a more flexible system to respond to the evolving labor market in Ireland.
Another significant change includes the digitization of the labor market test, streamlining the hiring process by making it easier to prove that no local workers are available for the job. Employers will now submit job postings electronically through a centralized platform, which is expected to accelerate the application process.
The Act allows for employees to change employers after 9 months of employment instead of the previous 12 months. Among other restrictions, an employee can only change employers up to 3 times. In addition, when a foreign worker obtains a new employment permit, their old one is automatically canceled, eliminating unnecessary administrative burdens.
Salary thresholds for different categories of permits will now be reviewed annually and tied to changes in the national average wage. This ensures that foreign workers are paid fair wages in line with the local labor market.
These changes aim to balance Ireland’s need for foreign workers while maintaining high standards for employment conditions and compliance. The reforms should make the process more efficient and attractive to both employers and workers, helping to fill critical labor shortages across several sectors. While they are seen as beneficial for reducing administrative burdens and simplifying compliance, employers should carefully assess how the reforms may impact their employees and overall workforce dynamics.
Details:
Klasko News
FIRM NEWS
Episode 32: EB-1B for Early-Career Scholars
Statutes of Liberty Podcast is back with a new episode! Klasko EB-1 attorneys Anu Nair, Allie Dempsey, and Nigel discuss how they would advise clients on strengthening their cases for success when applying for an EB-1B Outstanding Researcher or Professor. Listen here!
IN THE NEWS
William Stock
AILA: Think Immigration publishes Bill Stock’s blog on an AILA community event that promoted get out the vote #GOTV.
ICYMI: RECENT BLOG POSTS AND ALERTS
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20th Anniversary Staff Feature: Cortney Jackson
In honor of Klasko’s 20th anniversary, staff who have been with the firm long term are receiving recognition for their dedication to the firm. Read about Cortney Jackson here!
20th Anniversary Staff Feature: Elise Fialkowski
In honor of Klasko’s 20th anniversary, staff who have been with the firm long term are receiving recognition for their dedication to the firm. Read about Partner, Elise Fialkowski here!
Keeping Families Together Program Halted: What to Expect
In this article, Wei Zhong addresses the court case Texas v. Department of Homeland Security and what to expect as a result of halting the Keeping Families Together program.
20th Anniversary Staff Feature: Gina White
In honor of Klasko’s 20th anniversary, staff who have been with the firm long term are receiving recognition for their dedication to the firm. Read about Gina White here!
20th Anniversary Staff Feature: Rose Ellis
In honor of Klasko’s 20th anniversary, staff who have been with the firm long term are receiving recognition for their dedication to the firm. Read about Rose Ellis here!
20th Anniversary Staff Feature: Lisa Stefanelli
In honor of Klasko’s 20th anniversary, staff who have been with the firm long term are receiving recognition for their dedication to the firm. Read about Lisa Stefanelli here!
FIRM FEATURE
Klasko Immigration Law Partners is celebrating its 20th anniversary! Follow us @klaskoimmigrationlaw for continuous staff features of our honorary team.
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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.
