U.S. Immigration Update: Monthly Review – May 2024

Fakhoury Global Immigration


At Fakhoury Global Immigration, our motto is Global Vision, Personal Attention. We provide our clients with the most comprehensive legal immigration services available while tailoring them to their specific requirements. Offering a full range of immigration legal services, we aspire to be the one-stop solution for all our clients’ global and U.S.-based needs. Our team of lawyers and paralegals are specialists in all U.S. and major international visa classifications. We provide comprehensive and peerless legal services that are cost-competitive, custom tailored, fully compliant, and successful in achieving our clients’ objectives.
Due to the upcoming commemoration of the 80th anniversary of D-Day in June and the Olympics (July 26 -August 11) and Paralympic Games (August 28 – September 8)...
United States Immigration
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U.S. visa delays at U.S. Embassy Paris this summer:

Delays are expected until mid-September

  • Due to the upcoming commemoration of the 80th anniversary of D-Day in June and the Olympics (July 26 -August 11) and Paralympic Games (August 28 – September 8), the U.S. Embassy Paris has been experiencing growing visa processing delays.
  • Applicants for U.S. visas should expect delays until mid-September as the Embassy will be focused on providing American citizen services during these events.
  • The current wait times can be found on the Embassy's website:

USCIS sends reminder of options for laid-off nonimmigrant workers

  • The USCIS recently posted a reminder of the guidance it has placed on its website for laid-off international workers.
  • Many laid-off workers do not realize that there are more options than simply departing the US after sixty (60) days including filing for a change of nonimmigrant status or an adjustment of status. The foreign national can also apply for a 'compelling circumstances' employment authorization document or be the beneficiary of a nonfrivolous petition to change employers.
  • The web page also provides guidance on portability of employer petitions, what constitutes 'compelling circumstances,' and expedite criteria, among other topics.
  • The USCIS webpage can be accessed at:

DOS: AMIGOS Act Fully Implemented:

Portuguese nationals can apply for E-1/E-2 Visas

DOS: June 2024 Visa Bulletin released:

Almost no movement in employment-based categories

  • On May 8, 2024, the Department of State (DOS) released the June 2024 Visa Bulletin showing almost no priority date changes in the employment-based categories.
  • Only change: EB-3 India advanced to August 22, 2012.
  • US Citizenship and Immigration Services (USCIS) also confirmed that it will use Final Action Dates for determining employment-based eligibility.


SOURCE: https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_June2024.pdf

DOL: PERM and Prevailing Wage Determination (PWD) processing update

  • DOL has updated its processing times for PERM and Prevailing Wage Determinations (PWDs) for May 2024.
  • As of May 1, 2024, DOL is conducting Analyst Reviews for PERM applications whose priority date is April 2023 or earlier.
  • As of May 1, 2024, DOL is conducting Audit Reviews for PERM applications whose priority date is December 2022 or earlier.
  • As of May 1, 2024, DOL has been processing PWDs for H-1Bs filed in November 2023 (OES) and April 2023 (non-OES).
  • As of May 1, 2024, DOL has been processing PWDs for PERM applications filed in November 2023 (OES) and March 2023 (non-OES).

SOURCE: Processing Times | Flag.dol.gov

DOL Proposes Three-Year Extension of LCAs and WH-4 Forms

  • On May 6, 2024, the Department of Labor's (DOL) Employment Training Administration (ETA) published a 60-day notice in the Federal Registerannouncing 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.
  • DOL proposes extensions to the LCA and WH-4 complaint forms, without changes. The information collection request includes the LCA Forms ETA-9035, ETA-9035E (electronic), ETA-9035 & 9035E Appendix A, ETA-9035CP Instructions, and the WH-4 complaint form.
  • The Federal Registernotice informs the public of the Department's three-year extension request for the forms and invites comments from the public for 60 days.
  • Written comments must be submitted in accordance with the Federal Registernotice instructions. The deadline to submit comments is Friday, July 5, 2024.

SOURCE: Announcements | U.S. Department of Labor (dol.gov)

USCIS: New Beneficiary-Centric Process Improved H-1B Registration Program's Integrity

  • USCIS has announced that its new beneficiary-centric process for H-1B registrations resulted in far fewer attempts to gain an unfair advantage.
  • USCIS also revealed that it has undertaken extensive fraud investigations, denied and revoked petitions, and has continued to make law enforcement referrals for prosecution based on evidence from the FY 2023 and FY2024 H-1B cap season filings.
  • USCIS averred that it is reviewing FY 2025 data for any attempts to gain an unfair advantage through the beneficiary-centric process.

SOURCE: H-1B Electronic Registration Process | USCIS

USCIS Provides Clarification on Inconsistency of EAD Issuance

  • USCIS has indicated that it does not have sufficient staff to work on both the Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) at times.
  • USCIS will issue the EAD/Advance Parole combination card if both the Form I-765 and Form I-131 applications are receipted and ready to be processed at the same time. USCIS is indicating that issues that may delay Form I-131 adjudication may include background checks.
  • USCIS has also indicated that it does not matter whether Form I-765 has the box noted as (c)(9) or (c)(9)(P), the same category applies for both.

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.

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