Department of State releases Visa Bulletin for November 2024: No movement in any employment-based visa category
On October 10, 2024, the Department of State (DOS) released the Visa Bulletin for November 2024. There are no changes in the employment-based visa categories in the Dates for Filing and Final Action Dates charts. US Citizenship and Immigration Services (USCIS) will honor Dates for Filing for employment-based categories in November 2024.
Final Action Dates Chart – November 2024
Dates for Filing Chart – November 2024
SOURCE: US Department of State, Bureau of Consular Affairs: Visa Bulletin For November 2024 (state.gov)
DOL: Updated PERM and PWD processing times for October 2024
The Department of Labor (DOL) has updated its processing times for prevailing wage determinations (PWD) and PERM applications for October 2024.
- As of October 15, 2024:
-
- DOL has been processing H-1B prevailing wage determinations filed in April 2024 (OES and Non-OES) or earlier.
- DOL has been processing PWDs for PERMs filed in April 2024 (OES) and May 2024 (Non-OES) or earlier.
- DOL has been processing H-1B redeterminations filed in June 2024 or earlier.
- DOL has been processing PERM redeterminations filed in June 2024 or earlier.
- DOL has been processing H-1B Center Director reviews requested in January 2024 or earlier.
- DOL has been processing PERM Center Director reviews requested in October 2023 or earlier.
- Below is the PERM processing information for both priority dates and average number of days to process PERM applications as October 15, 2024:
PERM Processing Times
Average Number of Day to Process PERM Applications
SOURCE: U.S. Department of Labor (DOL), October 18, 2024: Processing Times | Flag.dol.gov
USCIS Updates Guidance on Expedite Requests
- U.S. Citizenship and Immigration Services (USCIS) recently announced an update to its guidance on expedite requests, effective immediately.
- The update in the USCIS Policy Manual clarifies how the agency considers expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests.
- The update also clarifies how to make an expedite request and explains how USCIS processes them.
- The update clarifies that USCIS will consider expediting Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, when a benefit requestor in the United States has "a pressing or critical need to leave the United States, whether the need to travel relates to an unplanned or planned event, such as a professional, academic, or personal commitment."
SOURCE: U.S. Citizenship and Immigration Services: USCIS Updates Policy Guidance Clarifying Expedite Requests | USCIS
USCIS launches online PDF filing option
- On October 8, 2024, USCIS introduced a PDF filing option for certain applicants seeking an Employment Authorization Document (EAD).
- Eligible applicants now may upload a completed Form I-765, Application for Employment Authorization, along with required evidence, in PDF format using their USCIS online account.
- Eligible applicants also may file a completed Form I-912, Request for Fee Waiver, with their application using the PDF filing option. This is the first time USCIS is accepting fee waiver requests electronically filed via USCIS online accounts.
- Initially, the PDF filing option will be available only for Form I-765 applicants in the following categories:
- (a)(12): Granted Temporary Protected Status (TPS);
- (c)(8): Asylum application pending filed on or after Jan. 4, 1995;
- (c)(9): Certain family-based and employment-based applicants pending adjustment of status under Section 245 of the Immigration and Nationality Act;
- (c)(11): Parolee; and
- (c)(19): Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a "temporary treatment benefit."
- If an applicant is applying for a (c)(9) Pending Adjustment of Status category of Form I-765 that is fee exempted, they must not submit their application through the PDF filing option at this time.
- Please note that at this time, attorneys and accredited representatives are not permitted to file these applications on behalf of foreign nationals.
- For more information about eligibility, please visit the USCIS's website at USCIS Launches Online PDF Filing Option | USCIS
USCIS updates guidance on international entrepreneur rule
- USCIS has updated guidance on the International Entrepreneur Rule in its Policy Manual to clarify the required triennial increase in investment, revenue, and other thresholds, and to clarify how USCIS arranges biometrics appointments for certain applicants.
- The updated guidance reflects the International Entrepreneur Program: Fiscal Year 2025 Automatic Increase of Investment and Revenue Amount Requirements Final Rule published in July of this year. The final rule codifies the automatic adjustment of the investment, award, grant, and revenue amounts for applicants under the International Entrepreneur Rule.
- The guidance also clarifies that USCIS generally coordinates with the U.S. Department of State when arranging biometrics appointments for conditionally approved applicants under the International Entrepreneur Rule who are outside the United States or who choose to receive their parole documentation at a U.S. embassy or consulate.
- The revised investment and revenue amounts are effective October 1, 2024, and apply to requests filed on or after October 1, 2024.
SOURCE: USCIS Newsroom, October 10, 2024: USCIS Updates Guidance on the International Entrepreneur Rule | USCIS
USCIS releases new Form I-131 without grace period
- On October 11, 2024, USCIS published a new Form I-131 (06/17/24 edition). The new form is named "Application for Travel Documents, Parole Documents, and Arrival/Departure Records."
- This 06/17/24 edition of Form I-131 replaces the 04/01/24 edition of the Form I-131 (Application for Travel Document).
- There is no grace period for the 06/17/24 edition of Form I-131: Effective October 11, USCIS will reject applications on the 04/01/24 edition of Form I-131.
- If an applicant files Form I-131 on or after Oct. 11, they must use the 06/17/24 edition of Form I-131.
- If an applicant files Form I-131 on paper by mail, please note that:
- USCIS will accept an 04/01/24 edition of Form I-131 that is postmarked before 10/11/24.
- USCIS will not accept an 04/01/24 edition of Form I-131 that is postmarked on or after 10/11/24.
SOURCE: USCIS.gov, October 11, 2024: Application for Travel Documents, Parole Documents, and Arrival/Departure Records | USCIS
U.S. Mission to India opens additional visa appointments
- Recently, the U.S. Mission to India opened an additional 250,000 visa appointments for Indian travelers, including tourists, skilled workers, and students.
- The recently released new slots will help hundreds of thousands of Indian applicants take timely interviews, facilitating the travel which is the backbone of the people-to-people ties that underpin the U.S.-India relationship.
- At least six million Indians already have a nonimmigrant visa to visit the United States, and each day, the Mission issues thousands more.
SOURCE: Department of State, U.S. Embassy in India: U.S. Mission Releases New Appointments to Meet Visa Demand - U.S. Embassy & Consulates in India (usembassy.gov)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
