Department of State:
New Guidance on Easing the Nonimmigrant Visa
Process for College Graduates
- On June 18, 2024, the Biden administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college in the United States and have a job offer.
- As part of this initiative, on July 15, 2024, the Department of State (DOS) clarified existing guidance to consular officers related to when they should consider recommending that the Department of Homeland Security grant a waiver of ineligibility under INA § 212(d)(3), where applicable.
- The DOS guidance explains that there is a clear and significant U.S. public interest in requesting a waiver on an expedited basis "if the applicant has graduated with a degree from an institution of higher education in the United States, or has earned credentials to engage in skilled labor in the United States, and is seeking to travel to the United States to commence or continue employment with a U.S. employer in a field that requires the education that the applicant attained in the United States."
SOURCE: Easing the Nonimmigrant Visa Process for U.S. College Graduates (state.gov)
USCIS – Parole in Place Applications Will Be Accepted Starting August 19
- USCIS will begin accepting applications for the Parole in Place program for certain noncitizen spouses of US citizens on Aug. 19. Applications submitted before that date will be rejected.USCIS will begin accepting applications for the Parole in Place program for certain noncitizen spouses of US citizens on Aug. 19. Applications submitted before that date will be rejected.
- To be eligible, an applicant must:
- Be present in the U.S. without admission or parole.
- Have been continuously present in the U.S. for at least 10 years as of June 17, 2024.
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
- Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety.
- Otherwise merit a favorable exercise of discretion.
- USCIS may also consider parole in place for certain noncitizen children of requestors if they were physically present in the U.S. without admission or parole as of June 17, 2024, and have a qualifying stepchild relationship to a U.S. citizen.
SOURCE: https://www.uscis.gov/newsroom/alerts/reminders-on-the-process-to-promote-the-unity-and-stability-of-families
USCIS Publishes FAQs on H-1B Nonimmigrant Status
- U.S. Citizenship and Immigration Services (USCIS) released a frequently asked questions (FAQs) sheet that address common questions by individuals in H-1B nonimmigrant status, particularly related to applying for lawful permanent resident (LPR) status, job changes or terminations, international travel, and dependent family members.
- USCIS noted that:
- An eligible H-1B worker can change employers as soon as the new employer's nonfrivolous H-1B petition is properly filed with USCIS.
- USCIS will not revoke a Form I-140 petition approval solely due to termination of the petitioner's business or the employer's withdrawal, as long as the petition has been approved for at least 180 days or the associated adjustment of status application has been pending for at least 180 days, and the petition approval is not revoked on other grounds. In this scenario, the H-1B worker would retain their priority date.
- When an H-1B worker's employment is terminated (either voluntarily or involuntarily), they typically may take one of several actions to remain in a period of authorized stay in the United States beyond 60 days.
SOURCE: USCIS FAQs for Individuals in H-1B Nonimmigrant Status (July 17, 2024).
DOS: August 2024 Visa Bulletin Released:
Incremental Advances in India EB-2 and EB-3 visa
categories
- On July 9, 2024, the Department of State (DOS) released its
Visa Bulletin for August 2024 with the following updates:
- EB-1: All areas of chargeability remain the same.
- EB-2 India: The Final Action Date advances to July 15, 2012. The Date for Filing advances to July 22, 2012.
- EB-3 India: The Final Action Date advances to October 22, 2021. The Date for Filing advances to November 1, 2012.
- Final Action Dates and Dates for Filing remain the same for all other employment-based categories and areas of chargeability.
- USCIS will be following the Final Action Dates chart for employment-based visa applications to determine number availability and filing eligibility.
August 2024: Final Action Dates Chart
SOURCE: US Department of State, Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-august-2024.html
DOL Processing Updates:
New H-1B and PERM PWD processing times for July
2024
The Department of Labor (DOL) has updated its processing times for prevailing wage determinations (PWD) and PERM applications.
- As of July 1, 2024, DOL has been processing PWDs for H-1B prevailing wage requests filed in January 2024 (OEWS) and June 2023 (Non-OEWS) and earlier.
- As of July 1, 2024, DOL has been processing PWDs for PERM prevailing wage requests filed in December 2023 (OEWS) and June 2023 (Non-OEWS) and earlier.
- As of July 1, 2024, DOL has been processing H-1B prevailing wage redeterminations in March 2024 and earlier.
- As of July 1, 2024, DOL has been processing PERM prevailing wage redeterminations requested in January 2024 and earlier.
- As of July 1, 2024, DOL has been processing H-1B Center Director reviews requested as of August 2023 and earlier.
- As of July 1, 2024, DOL has been processing PERM Center
Director reviews requested in August 2023 and earlier.
Below is the PERM processing information as of July 1, 2024, for both priority dates and average number of processing days:
SOURCE: https://flag.dol.gov/processingtimes
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