Securities:
USCIS Reaches H-2B Cap for Temporary Non-Agricultural Workers for First Half of Fiscal Year 2024 – U.S. Citizenship and Immigration Services received enough petitions to reach the cap on H-2B visas for temporary non-agricultural workers for the first half of fiscal year 2024. October 11, 2023 was the date final acceptance of the new H-2B cap. worker petitions requesting an employment start date before April 1, 2024.
USCIS Provides Guidance on Interpreting EB-5 Program Changes – United States Citizenship and Immigration Services (USCIS) has provided additional guidance on its interpretation of the changes made to the EB-5 program by the EB-5 Reform and Integrity Act of 2022, specifically on the required investment timeline and how USCIS treats investors associated with a completed regional center.
November Visa Bulletin Includes Reminder on Expiry of Religious Worker Category – The Department of State’s November 2023 Visa Bulletin reminds that the Special Non-Departmental Immigrant Program expires on November 17, 2023.
Extension of Temporary Need Exemption for Certain Guam and CNMI H-2B Workers – U.S. Citizenship and Immigration Services issued policy guidance reflecting the extension of the exemption from the temporary need requirement for H-2B temporary non-immigrant non-agricultural worker applications in Guam and the Commonwealth of the Northern Mariana Islands until December 30, 2024.
DHS announces aid to Cameroonian non-immigrant F-1 students – From December 8, 2023 until June 7, 2025, Cameroonians with F-1 legal nonimmigrant student status can apply for work authorization, work increased hours during classes and reduce their workload courses while continuing to maintain their F. -1 non-immigrant student status.
USCIS Launches New Online Change of Address Tool – United States Citizenship and Immigration Services (USCIS) has launched a new self-service Change of Business Address (E-COA) tool to allow individuals with applications, petitions or requests in waiting to update their addresses with USCIS online.
Details:
USCIS Reaches H-2B Cap for Temporary Non-Agricultural Workers for First Half of Fiscal Year 2024
The United States Citizenship and Immigration Services (USCIS) announced on October 13, 2023 that it had received enough petitions to reach the cap on H-2B visas for temporary non-agricultural workers for the first half of fiscal year 2024 October 11, 2023, was the final receipt date for new petitions from H-2B workers subject to the cap requesting an employment start date before April 1, 2024.
USCIS continues to accept H-2B petitions that are exempt from the cap imposed by Congress, including petitions for:
- Current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment;
- Fish roe processors, roe technicians and/or fish roe processing supervisors; And
- Workers performing work or services in the Commonwealth of the Northern Mariana Islands and/or Guam from November 28, 2009 to December 31, 2029.
Details:
USCIS Provides Guidance on Interpreting EB-5 Program Changes
The United States Citizenship and Immigration Services (USCIS) has provided additional guidance on its interpretation of the changes made to the EB-5 program by the EB-5 Reform and Integrity Act of 2022 (RIA), particularly on the required investment time frame and how USCIS treats investors who are associated with a deleted regional center.
USCIS said that due to the RIA’s changes, investors filing for classification “no longer need to maintain their investment throughout their conditional residency, which may last many years into the future and depends on factors beyond the control of the investor such as visa availability.” .” Instead, USCIS stated:
(The Immigration and Nationality Act (INA)) now only requires that the investment be expected to remain invested for at least two years, provided that job creation conditions are met. Although the statute does not explicitly state when the two-year period begins under INA § 203(b)(5)(A)(i), we interpret the beginning date as the date on which the required amount of the eligible investment is made. In other words, we will use the date on which the investment was brought to the new business enterprise and put at risk in accordance with the applicable requirements, including its provision to the job-creating entity. If invested more than two years before filing the I-526 or I-526E, the investment generally must be maintained at the time the I-526 or I-526E is properly filed so that we can properly evaluate eligibility.
Because the law does not explicitly state whether it applies only to post-RIA investors or also to pre-RIA investors, USCIS has stated that it interprets INA § 203(b)(5)(M ) as applying to pre-RIA investors associated with a completed regional center. USCIS “will extend the time for pre-RIA investors to respond to a regional center termination notice until the agency rules on their Form I-526 petition.” If necessary, we may issue a Request for Evidence or Notice of Intent to Deny for the investor to establish continued eligibility. USCIS also stated that it “will extend the time for pre-RIA investors to respond to a regional center termination notice until the agency rules on their Form I-526 petition.” If necessary, we may issue a Request for Evidence or Notice of Intent to Deny for the investor to establish continued eligibility.
Details:
November Visa Bulletin Includes Reminder on Expiry of Religious Worker Category
The Department of State’s November 2023 Visa Bulletin reminds that the Special Non-Departmental Immigrant Program expires on November 17, 2023.
The bulletin indicates no fourth preference jobs. Certain religious worker (SR) visas may not be issued overseas, or final action taken regarding adjustment of status cases, after November 16, 2023. Visas issued before this date will only be issued with a valid date of November 16, 2023, and all persons seeking admission as non-ministerial special immigrants must be admitted to the United States by November 16, 2023.
Details:
Extension of Temporary Need Exemption for Certain Guam and CNMI H-2B Workers
The United States Citizenship and Immigration Services (USCIS) has issued policy guidance reflecting the extension of the exemption from the temporary need requirement for H-2B temporary non-immigrant non-agricultural worker applications in Guam and in the Commonwealth of the Northern Mariana Islands (CNMI) until December 30. 2024, as provided in the National Defense Authorization Act (NDAA) for fiscal year 2023.
USCIS explained that the nonimmigrant visa classification for temporary nonagricultural workers (H-2B) applies to a noncitizen seeking to perform temporary nonagricultural work or services in the United States when workers American are not available. Previous NDAAs created and expanded an exemption from the requirement that non-agricultural work or services be temporary in nature for petitioners of certain H-2B workers in Guam and the CNMI.
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DHS announces aid to Cameroonian non-immigrant F-1 students
The Department of Homeland Security (DHS) is suspending certain regulatory requirements for non-immigrant F-1 students whose country of citizenship is Cameroon, regardless of their country of birth (or persons without nationality who ordinarily resided in Cameroon) and who are suffering serious economic difficulties as a direct result of the current armed conflict and humanitarian crisis in Cameroon.
Starting December 8, 2023 until June 7, 2025, Cameroonians with F-1 legal nonimmigrant student status can apply for work authorization, work increased hours during classes, and reduce their workload. course while continuing to maintain their F-1 level. 1 non-immigrant student status. DHS stated that it would consider such a nonimmigrant F-1 student with work authorization to be engaged in a “full course of study” for the duration of the work authorization if the student not immigrant meets minimum course load requirement.
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USCIS Launches New Online Change of Address Tool
The United States Citizenship and Immigration Services (USCIS) has launched a new Self-Service Change of Business Address (E-COA) Tool to allow those with pending applications, petitions, or applications to update their addresses with USCIS online.
USCIS has stated that with the E-COA, most individuals with a USCIS Online Account can update their mailing and physical addresses with USCIS for pending applications, petitions, or applications in one location, eliminating the need to update the address in multiple locations; fill out an AR-11, Alien Change of Address Card; call the contact center; or visit a USCIS field or asylum office. E-COA will automate address changes for almost any form type. Exceptions are listed at uscis.gov/addresschange.