Securities:
USCIS Issues Guidance on “Ability to Pay” Requirement When Adjustment Applicants Change Employers – U.S. Citizenship and Immigration Services has issued policy guidance, effective immediately, on how it analyzes an employer’s ability to pay the proposed salary for immigration applications in certain job classifications. Employment-based immigrant visa of first, second, and third preference, including cases where the sponsored worker changes employers.
DOJ sues Texas over state migration bill – The Justice Department sued the state of Texas over a bill that would create new state crimes related to federal bans on illegal entry and reentry of non-citizens into the United States .
DOS releases ‘brilliant forecast’ for global visa operations – The State Department said its visa processing capacity “recovered faster than expected” and announced “good forecasts” for global visa operations in 2024.
Global ABIL: Canada – The Canadian government is targeting skilled workers and French-speaking candidates in a new category selection process.
Details:
USCIS Issues Guidance on “Ability to Pay” Requirement When Adjustment Applicants Change Employers
On January 5, 2024, the United States Citizenship and Immigration Services issued policy guidance, effective immediately, on how it analyzes an employer’s ability to pay the proposed salary for immigration applications in certain immigrant visa classifications based on first, second and third preference employment, including cases where the sponsored worker changes employers.
The guidelines note that in general, employers seeking to classify their prospective or current employees into the first, second, and third preference employment-based immigrant visa classifications that require an offer of employment “must demonstrate their continued ability to pay the salary offered to the beneficiary from the priority date of the immigrant application until the beneficiary obtains lawful permanent residence.
The updated guidance, which applies to petitions filed on or after January 5, 2024, explains that when the recipient of a Form I-140, Immigration Petition for Foreign Workers, moves (or “ports”) to a new employer while Form I-140 is pending, USCIS determines whether the petitioner meets the ability-to-pay requirements “solely by examining existing facts from the priority date until filing of Form I-140” .
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DOJ sues Texas over state migration bill
The Department of Justice (DOJ) sued the State of Texas on January 3, 2024 over a new Texas law known as Senate Bill 4 (SB4). The bill would create, beginning March 5, 2024, new state crimes related to federal bans on illegal entry and reentry of noncitizens into the United States and authorize state judges to order deportation of certain non-citizens. This would allow Texas law enforcement to arrest people suspected of being in the United States without authorization.
Stressing that “Texas cannot manage its own immigration system,” the DOJ complaint states that in addition to violating the U.S. Constitution, which charges the federal government with regulating immigration and controlling international borders, the SB4 would also “encroach on the exclusive authority of the federal government.” to regulate the entry and deportation of noncitizens, frustrate the immigration operations and procedures of the United States, and interfere with the foreign relations of the United States.
On the same day the complaint was filed, Governor Abbott job“Biden sued me today because I signed a law prohibiting an illegal immigrant from entering or attempting to enter Texas directly from a foreign country. I like my chances. Texas is the only U.S. government attempting to end illegal immigration.
Several civil rights groups, including the American Civil Liberties Union and the Texas Civil Rights Project, filed a separate lawsuit in December 2023 challenging the constitutionality of SB4.
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DOS releases ‘brilliant forecast’ for global visa operations
On January 2, 2024, the Department of State (DOS) announced a “good forecast” for visa operations worldwide. The DOS said its visa processing capacity “has recovered more quickly than expected.” We issued more non-immigrant visas (NIVs) globally in 2023 than in any year since 2015.”
The DOS said it remains focused on “reducing wait times for visitor visa applicants who require an in-person interview, particularly in countries where demand remains at unprecedented levels.” Its goal is for more than 90% of its overseas positions to have visitor visa interview wait times of less than 90 days in 2024.
The DOS noted that its 230 U.S. embassies and consulates issued more than 10.4 million visas worldwide in fiscal year 2023. The agency attributed its progress in part to improved efficiency through visa waivers. interview in several key visa categories, including for many students and temporary workers. Additionally, the DOS said, applicants renewing a nonimmigrant visa in the same classification within 48 months of the expiration date of the previous visa may apply without an in-person interview in their country of nationality or residence. “This continues to be one of our best tools for reducing wait times for interview appointments while continuing to make rigorous national security decisions in each case,” DOS said .
In 2023, the DOS said it (1) prioritized student and university visitor visa interviews to facilitate study at U.S. universities and colleges; (2) processed seasonal agricultural and non-agricultural worker visas, issuing a “record 442,000 visas to temporary H-2A and H-2B workers in 2023, nearly 90% of which were awarded to skilled workers from Mexico , El Salvador, Guatemala and Honduras » »; (3) issued a “record 365,000 nonimmigrant visas to airline and ship crew members”; and (4) issued 590,000 nonimmigrant and immigrant visas, “the most ever,” to highly skilled workers and executives in a range of sectors, including emerging technologies and health care. “Of these, we issued nearly double the number of EB-3s (green cards) in fiscal year 2023 compared to fiscal year 2019, the last full year before the pandemic. » DOS also issued all diversity green card lottery visas available during the DV-2023 program year.
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Global ABIL: Canada
The Canadian government is targeting skilled workers and French-speaking candidates in a new category selection process.
In a marked departure from his points-based system of selecting immigration programs, the Honorable Sean Fraser, then Minister of Immigration, Refugees and Citizenship, announced on May 31, 2023: the launch of a new measure category selection for Canada’s Express Entry management system to meet the changing needs of Canada’s economy and labor market, with an additional focus on French-speaking immigration. This measure allows Immigration, Refugees and Citizenship Canada (IRCC) to issue invitations to apply to candidates who have specific skills, training or language abilities. For 2023, invitations to selection by category will target candidates with a solid command of the French language or professional experience in health fields; science, technology, engineering and mathematics (STEM) careers; trades, such as carpenters, plumbers and contractors; transportation; agriculture; and agri-food. Since January 2024, this list of categories is subject to change.
Express Entry is the system used by IRCC to manage skilled workers seeking to become permanent residents of Canada through the Federal Skilled Worker Program, the Federal Skilled Trades Program, the Canadian Experience Class and part of the Provincial Nominee Program. Applicants are ranked according to a Comprehensive Ranking System (CRS), which is a points-based system that ranks applicants based on factors such as their education, language skills, work experience and age. IRCC then periodically invites the highest scoring applicants to apply for permanent residence.
Among the other draws by category which began on June 28, 2023, IRCC has issued invitations to apply in the following categories:
- On July 12, 2023, IRCC issued 3,800 invitations to apply to candidates proficient in French with a minimum CRS score of 375.
- On September 28, 2023, IRCC organized a targeted draw in agricultural and agri-food professions, inviting 600 candidates with a minimum CRS score of 354.
- On October 26, 2023, IRCC issued 3,600 invitations to apply to candidates in health professions with a minimum CRS score of 431.
In 2023, before the first targeted draw, the lowest CRS score was recorded at 481 points for candidates in an all-program draw.
Following the announcement and the start of the targeted draws, the CRS threshold has significantly decreased for Express Entry candidates in the five targeted categories. However, since the first targeted draw at the end of June 2023, the lowest invitations for an all-program draw have been issued to candidates with a minimum CRS score of 496. Thus, the CRS threshold score has increased for profiles not included in the list of targeted professions. Additionally, the introduction of category selection significantly reduced the number of invitations sent to Express Entry profiles during draws for all programs.
The Canadian government seeks to welcome 110,770 and 117,500 skilled workers in 2024 and 2025, respectively, through the Federal Skilled Worker Program, the Federal Skilled Trades Program and the Canadian Experience Class. The Provincial Nominee Program will represent 110,000 additional Canadian permanent residents in 2024 and 120,000 in 2025.