Immigration Update – January 22, 2024

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Securities:

DOS Provides Guidance and FAQs on Domestic Renewal of H-1B Visas for Certain Applicants – The Department of State has issued guidance and frequently asked questions on its new pilot program to resume domestic visa renewals for qualified H-1B nonimmigrant visa applicants who meet certain requirements. The pilot program will accept applications from January 29, 2024 to April 1, 2024, or when all 20,000 application spots are filled, whichever comes first.

CBP Issues Interim Final Rule Requiring Electronic Travel Authorization Before Traveling to Guam or CNMI and Establishing New Travel Authorization Program – A new interim final rule from U.S. Customs and Border Protection, effective September 30, 2024, requires individuals intending to travel to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) ) under the Guam-CNMI Visa Waiver Program to submit Form I-736. electronically before traveling and receive an electronic travel authorization before boarding a carrier for travel to Guam or the CNMI. The rule also establishes the CNMI Economic Vitality and Security Travel Authorization Program.

DOL Requests OMB Approval and Comments on O*NET Data Collection Program – The Department of Labor has submitted the O*NET data collection program to the Office of Management and Budget for review and approval. DOL requests comments on O*NET by February 16, 2024.

U.S., Mexican officials meet in Washington, D.C., to pursue migrationtalks – Senior officials from the United States and Mexico met in Washington, DC, on January 19, 2024, to continue their discussions and cooperation on efforts to reduce the flow of migrants heading to the United States from from Mexico.

Details:

DOS Provides Guidance and FAQs on Domestic Renewal of H-1B Visas for Certain Applicants

The Department of State (DOS) has released guidance and frequently asked questions on its new pilot program to resume domestic visa renewals for qualified H-1B nonimmigrant visa applicants who meet certain requirements. The pilot program will accept applications from January 29, 2024 to April 1, 2024, or when all 20,000 application spots are filled, whichever comes first.

The DOS said it will make a maximum of 20,000 application slots available during this pilot program. Approximately 2,000 per week will be for applicants whose most recent H-1B visa was issued by the United States Canada Mission with an issue date from January 1, 2020 to April 1, 2023, and approximately 2,000 per week will be intended for applicants whose most recent H-1B visa was issued by the United States Canada Mission. The -1B visa was issued by the US Mission to India with an issue date of February 1, 2021 to September 30, 2021.

Participation in the pilot program is voluntary. The DOS said individuals who do not qualify for participation in the pilot program, or those who choose not to participate in the pilot program, can continue to apply for visa renewal at an embassy or consulate American abroad.

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CBP Issues Interim Final Rule Requiring Electronic Travel Authorization Before Traveling to Guam or CNMI and Establishing New Travel Authorization Program

A new interim final rule from U.S. Customs and Border Protection (CBP), effective September 30, 2024, requires individuals intending to travel to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) ) under the Guam-CNMI Visa Waiver Program (G-CNMI VWP) to submit Form I-736 electronically before traveling and receive an electronic travel authorization before boarding a carrier to travel to Guam or the CNMI. The rule also establishes the CNMI Economic Vitality and Security Travel Authorization Program (EVS-TAP) as a restricted subprogram of the VWP G-CNMI.

CBP stated that the CNMI EVS-TAP is established based on consultations between the United States and the CNMI under the Compact to Establish the Commonwealth of the Northern Mariana Islands in Political Union with the United States of America. Once implemented, EVS-TAP will allow pre-selected nationals of the People’s Republic of China to travel to the CNMI without a visa under specified conditions.

Comments must be received no later than March 18, 2024, using the method described in the interim final rule.

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DOL Requests OMB Approval and Comments on O*NET Data Collection Program

The Department of Labor (DOL) has submitted the O*NET data collection program to the Office of Management and Budget (OMB) for review and approval.

The DOL said O*NET is “an ongoing effort to collect and maintain up-to-date information on detailed occupational and skill characteristics for more than 900 occupations.” The resulting database is the most comprehensive standardized source of information on occupations and skills in the country.

OMB will review all written comments the agency receives by February 16, 2024.

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U.S., Mexican officials meet in Washington to continue migration talks

Senior officials from the United States and Mexico met in Washington, DC, on January 19, 2024, to continue their discussions and cooperation on efforts to reduce the flow of migrants heading to the United States from the Mexico, down since the start of 2024, in part due to Mexico’s resumption of enforcement efforts that had been halted. The discussion reportedly covered a variety of topics and did not result in any major announcements.

After a visit by U.S. officials to Mexico in late December, the two countries issued a joint statement reaffirming their mutual commitment to “orderly, humane and regular migration.” Topics covered included addressing the root causes of migration; initiatives for Cubans, Haitians, Nicaraguans and Venezuelans; increased efforts to disrupt human trafficking and smuggling; and promote legal migration pathways. Bilateral trade and the benefit of regularizing the situation of long-term undocumented Hispanic migrants and deferred action for beneficiaries of child arrivals were also discussed. The new meeting in January was a continuation of these discussions.

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