July 12, 2024 - Weekly Immigration News Update

Dear Clients and Colleagues,

We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:

DOL PERM and PWD Processing Times

As of July 1, 2024, the Department of Labor (DOL) is making significant progress in processing PERM applications and prevailing wage determinations (PWDs). Here's the latest update:

• PERM Applications: The DOL is conducting analyst reviews for PERM applications filed in June 2023 or earlier. Audited cases with priority dates of December 2022 or earlier are currently being processed. Additionally, standard reconsideration requests filed in September 2023 or earlier are under review.

Prevailing Wage Determinations (PWDs):

• PERM Prevailing Wage Requests: December 2023 (OES) and June 2023 (Non-OES)
• H-1B Prevailing Wage Requests: January 2024 (OES) and June 2023 (Non-OES)
• PERM Prevailing Wage Redeterminations: Requested in January 2024
• H-1B Prevailing Wage Redeterminations: Requested in March 2024
• PERM and H-1B Center Director Reviews: Requested in August 2023

These updates reflect the DOL's commitment to reducing processing times and addressing backlogs. Employers and applicants should continue to monitor their cases and ensure all required documentation is submitted promptly to avoid further delays.

Immigration Agencies Announce Their New Regulatory Plans

The Departments of Homeland Security, Labor, and State have released their new regulatory agendas, outlining priorities and timelines for upcoming rulemaking activities. Here are the key employment-based immigration items to watch:

• USCIS H-1B Program Modernization: The publication of a final rule implementing the second phase of the H-1B modernization plan has been delayed to December 2024. This rule is expected to include revisions to key H-1B terms and address F-1 CAP-gap protections, among other changes.
• Adjustment of Status Improvements: A USCIS proposal aimed at improving several aspects of the adjustment of status process is slated for August 2024. This includes clarifying age-out policies and addressing employment authorization challenges.
• 9-11 Response Fee: U.S. Customs and Border Protection plans to extend the $4,000 or $4,500 fee to a larger number of H-1B and L-1 petitions, with a final rule scheduled for April 2025.

These regulatory plans highlight the ongoing efforts to refine and enhance immigration policies to better serve applicants and stakeholders. Stay tuned for further updates as these initiatives progress.

DHS Extends and Redesignates Yemen for TPS, Extends Relaxed Employment Options for Yemeni F-1 Students

In response to the ongoing humanitarian crisis in Yemen, the Department of Homeland Security (DHS) has extended and redesignated Yemen for Temporary Protected Status (TPS) from September 4, 2024, through March 3, 2026. Key details include:

• Initial Registration Period for New TPS Applicants: From July 10, 2024, through March 3, 2026. Eligible individuals can apply for TPS-related employment authorization documents (EADs) and travel permission during this period.
• Re-registration for Current Yemeni TPS Beneficiaries: Current beneficiaries must re-register by September 9, 2024. Those with EADs expiring on March 3, 2023, or September 3, 2024, will receive an automatic extension through September 3, 2025.
• Relaxed Employment Authorization Rules for Yemeni F-1 Students: DHS is extending the relaxation of certain employment authorization rules for Yemeni students in F-1 status who are experiencing severe economic hardship due to the crisis in Yemen.

These measures aim to provide much-needed relief and support to Yemeni nationals affected by the conflict and economic instability in their home country.

August 2024 Visa Bulletin Update - USCIS to Honor Final Action Dates for Employment-Based Categories

DOS posted the August 2024 visa bulletin. In addition to final action dates and dates for filing, it contains notes on the diversity visa, visa availability for EB-3, SIVs, and more.

The August 2024 Visa Bulletin brings important updates for foreign nationals seeking employment-based adjustment of status. To be eligible to file an employment-based adjustment application in August, applicants must have a priority date earlier than the date listed below for their preference category and country. USCIS will honor the Final Action Dates chart for employment-based applications.

Final Action Dates for August 2024:

EB-1

• China: November 1, 2022
• India: February 1, 2022
• All other countries: Current

EB-2

• China: March 1, 2020
• India: July 15, 2012
• All other countries: March 15, 2023

EB-3 Professionals and Skilled Workers

• China: September 1, 2020
• India: October 22, 2012
• All other countries: December 1, 2021

EB-3 Other Workers

• China: January 1, 2017
• India: October 22, 2012
• Philippines: May 1, 2020
• All other countries: January 1, 2021

EB-4

• All countries: January 1, 2021

EB-5 Unreserved (Regional Center and Non-Regional Center)

• China: December 15, 2015
• India: December 1, 2020
• All other countries: Current

EB-5 Set-Asides

• Rural: Current for all countries
• High Unemployment: Current for all countries
• Infrastructure: Current for all countries

Applicants should review their priority dates and ensure they meet the eligibility criteria for filing. This update underscores the importance of staying informed about visa bulletin changes to optimize the adjustment of status process.

We hope you find this information valuable. If you have any questions or require legal assistance related to any of these updates, please don't hesitate to contact us. We are here to help.

Sincerely,

Keshab Raj Seadie, Esq.

Law Offices of Keshab Raj Seadie, P.C.

Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.