Securities:
OFLC Announces Annual Determination of H-2A Labor Supply States for U.S. Worker Recruitment – The Administrator of the Department of Labor’s Office of Foreign Labor Certification (OFLC) has determined that the current requirements for labor supplying states will remain in effect, with one modification: OFLC will no longer recognize the North Carolina and Texas as traditional labor supplier states for the state of Michigan.
USCIS Publishes FAQ on Adjusting Status Based on Employment – U.S. Citizenship and Immigration Services has published frequently asked questions about adjusting status based on employment.
State Department Issues Final Rule to Eliminate Informal Evaluations of Family Members of Immigrant Visa Applicants – Effective January 8, 2024, the Department of State is amending its immigrant visa regulations by removing the section authorizing a consular officer to conduct an informal assessment of family members of an immigrant visa applicant immigrant in order to identify potential reasons for ineligibility.
Details:
OFLC Announces Annual Determination of H-2A Labor Supply States for U.S. Worker Recruitment
The Administrator of the Department of Labor’s Office of Foreign Labor Certification (OFLC) has determined that the current requirements for Labor Supply States (LSS) will remain in effect, with one modification: OFLC will no longer recognize North Carolina and Texas as traditional labor supply states for the State of Michigan.
The DOS said this LSS determination took effect on December 7, 2023 for employers who did not begin recruiting after receiving notice of acceptance. The determination will remain valid until the OFLC Administrator posts a new determination on the OFLC website.
The OFLC explained that a 2022 H-2A final rule implemented a new process for OFLC Administrator LSS determinations. LSSs are additional states in which an employer’s job offer will be advertised and, if applicable, in which additional recruitment may be necessary. Earlier this year, the OFLC Administrator sought public input on the LSS and associated recruitment mechanisms. The determinations include particular regions of the United States in which a significant number of qualified workers have been identified and who, if recruited through additional positive recruitment activities by employers, would be willing to make themselves available for work in the state.
Details:
USCIS Publishes FAQ on Adjusting Status Based on Employment
On December 8, 2023, the United States Citizenship and Immigration Services (USCIS) released Frequently Asked Questions (FAQ) on adjustment of status based on employment (EB).
USCIS noted that the annual EB limit for FY 2024 will be higher than was typical before the pandemic, but lower than it was in FY 2021-2023. USCIS said it is committed to using as many devices as available employment-based visas as possible during fiscal year 2024, which ends September 30, 2024.
Details:
- USCIS FAQs (December 8, 2023).
State Department Issues Final Rule to Eliminate Informal Evaluations of Family Members of Immigrant Visa Applicants
Effective January 8, 2024, the Department of State (DOS) is amending its immigrant visa regulations by removing the section authorizing a consular officer to conduct an informal assessment of a visa applicant’s family members immigrant in order to identify potential reasons for ineligibility.
The DOS explained that the existing regulations were promulgated in 1952, when a consular officer could more easily assess a family member’s potential qualifications for a visa without a formal visa application. “Assessing immigrant visa eligibility is now a more complex task and cannot be accomplished accurately with an informal assessment,” the DOS said.
Details:
- BACK Final rule, 88 Fed. Reg. 85109 (December 7, 2023).