Additional 64,716 H-2B Visas for Nonagricultural Workers Moving on to details, The Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), announced that it expects to make an additional 64,716 H-2B temporary nonagricultural worker visas available for Fiscal Year (FY) 2024, on top of the congressionally mandated 66,000 H-2B visas that are available each fiscal year. Sample Employment Agreements for Domestic Workers Next up,  to ease up employment for domestic workers, The US Department of Labor has published sample employment agreements for cleaners, home care workers and nannies. The agreements are not required by law, but can be used as a starting point for employers and employees to discuss and create a shared understanding of the terms of employment. The agreements cover topics such as job duties, pay, hours of work, benefits, and termination. U.S. Senators Call for Improved Migrant Work Authorization Access Lately, U.S. Senators Call for Improved Migrant Work Authorization Access. The senators are urging the Department of Homeland Security to enhance migrants’ access to work authorization documents, addressing challenges such as long waiting periods and high fees. The Senators propose solutions, including provisional work authorizations for new arrivals, waiving EAD application fees for selected parolees, and enhancing USCIS access to Customs and Border Protection data. Notable issues include a minimum 6-month waiting period for asylum seekers and a substantial 1.6 million EAD application backlog at USCIS. USCIS Extends Parole by Two Years for Certain Afghan Nationals Moving on, USCIS Extends Parole by Two Years for Certain Afghan Nationals Under Age 14 The U.S. government is extending the initial permission to stay (parole) for certain Afghan minors who came to the U.S. between July 2021 and September 2022. These minors must be under 14 years old as of September 26, 2023, and have not applied for certain immigration forms yet. This extension helps them access important benefits and keep their legal status while they navigate the complex immigration process. It’s part of the U.S. government’s effort to support Afghan nationals who helped the United States and are seeking safety in the U.S. 180-Day Extention for Certain Employment Authorisation Applicants Last but not least, big update for employment immigration. Renewal applicants who have filed Form I-765 timely, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or employment authorization documents (EADs) while their renewal application is pending. Starting today, those who are eligible will receive 180-day extensions in accordance with existing regulations, including those who have applied for or have received Temporary Protected Status or asylum. Source: USCIS & AILA

EAD Renewal Applicants to Receive Extensions USCIS announced that certain renewal applicants who have filed Form I-765 qualify for an automatic extension of their expiring employment authorization and/or employment authorization documents (EADs) for 180 days while their renewal application is pending. Change in Filing Location USCIS announced that beginning November 1, 2023, all H-2A, H-2B, CNMI-related Form I-129 petitions, Form I-129CW petitions, and CNMI-related Form I-539 applications must be filed directly at the Texas Service Center. There will be a 60-day grace period during which misfiled applications will not be rejected. Proposed Revisions to Three Passport Services Forms DOS 30-day notice and request for comment on proposed revisions to Forms DS-10 (Birth Affidavit), DS-60 (Affidavit Regarding a Change of Name), and DS-86 (Statement of Non-Receipt of a U.S. Passport). Comments are due 11/27/23. Presidential Determination on Refugee Admissions President Biden issued a determination on September 29, 2023, setting the refugee admissions ceiling for FY2024 at 125,000. The determination also provides regional ceilings. Guidance on Foreign Residence Requirements USCIS issued policy guidance on the two-year foreign residence requirement for the nonimmigrant exchange visitor (J) visa classification. This guidance is effective immediately, is controlling and supersedes prior guidance, and applies prospectively to benefit requests filed on or after October 24, 2023. Source: USCIS & AILA

Proposed Rule to Amend H-1B Regulations USCIS Notice of Proposed Rulemaking (NPRM) to amend the H-1B regulations. The NPRM states that the changes will “modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and improve integrity measures.” Visa Waiver Program for Israel CBP issued guidance describing that on October, 19, 2023, ESTA was updated to allow citizens and nationals of Israel to apply to travel to the United States for tourism or business purposes for up to 90 days without first obtaining a U.S. visa. DHS also issued a press release. Proposed Revisions to Form N-600K & Form I-602 USCIS 30-day notice and request for comment on proposed revisions to Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322 and Form I-602  Application by Refugee for Waiver of Inadmissibility Grounds. Comments are due  by Novemebr 16, 2023 and November 15,2023 respectively. Reminder of Form I-9 USCIS issued a reminder that starting on November 1, 2023, the August 01, 202023 edition of Form I-9, Employment Eligibility Verification must be used. Instructions for Filing Asylum Applications USCIS issued new instructions for asylum applications submitted by individuals whose removal proceedings were dismissed or terminated by EOIR. H-2B Cap for First Half of FY 2024 USCIS received enough petitions to reach the congressionally mandated cap on H-2B visas for the first half of FY2024 with October, 11, 2023 being the last final receipt date for new cap-subject H-2B petitions requesting a start date of April 1, 2024. Source: USCIS & AILA

AI Translation Mistakes Endanger US Asylum Cases AI translation apps caused issues in the U.S. asylum system, leading to unjust denials. Government contractors and aid groups increasingly use these tools, impacting 40% of Afghan and Haitian Creole asylum cases, with critics citing quality concerns in high-stakes situations. Exemption of Biometric Services Fee Effective October 1, USCIS waives the $85 biometric services fee for Form I-539. If you submitted your Form I-539 before this date and included the biometric fee, USCIS will return it. If you have combined the biometric fee with a paper-based Form I-539, it will be rejected. If the fee was combined with the application fee via credit card, USCIS will charge the application fee only. New Online Change of Address Tool USCIS launched a new Enterprise Change of Address (E-COA) for applicants to update their addresses on pending applications. It streamlines the process, allowing customers with USCIS online accounts to update their addresses for various applications in one place. This eliminates the need for paper forms, calls, or office visits, benefiting almost all form types. Additional Guidance for EB-5 USCIS provides additional guidance on its interpretation of changes to the EB-5 program made by the EB-5 Reform and Integrity Act of 2022 (RIA), specifically the required investment timeframe and how it treats investors who are associated with a terminated regional center. Contact Information for the U.S. Embassy in Israel The State Department posted a message on social media, stating that U.S. citizens seeking to be in touch with the U.S. Embassy in Israel should reach out via the crisis intake form or via telephone. Source: USCIS & AILA

Filing Tips for Affirmative Asylum Applications USCIS issued filing tips and notes that it is currently receiving increased numbers of paper-filed Form I-589 that must be rejected because they are incomplete or improperly filed. As such, it provides filing tips to help prevent these rejections. USCIS Guidance on Terminated Cases Congressional leaders wrote a letter to USCIS requesting guidance, so asylum seekers and their counsel know how to navigate affirmative asylum claims and applications for work authorization before the immigration court if a case is terminated. Notice of Diversity Visa Program Department of State (DOS) notice with information on how to apply for the Diversity Visa Program for Fiscal Year 2025. Fee Exemptions for Afghans USCIS announced that it is extending and expanding the filing fee exemptions and expedited application processing for certain Afghan nationals through September 30, 2024. The notice outlines what is available for fee exemptions and expedited processing. Source: USCIS & AILA

Extension of Validity of EADs USCIS updated its policy guidance, increasing the maximum validity periods for Employment Authorization Documents (EAD) to five years for initial and renewal EADs for certain noncitizens who are employment authorized incident to status or circumstance. Guidance is effective as of September 27, 2023 and comments are due by October 27, 2023. Alert on Responding to RFEs USCIS issued an alert that RFEs requesting a valid medical clearance (Form I-693) should be responded to with all requested documents as soon as possible so that it may adjudicate the adjustment application and, if the case is approved, allocate an immigrant visa before October 1, 2023. Exemption of the Biometric Services Fee USCIS announced the biometric services fee exemption as part of the application requirements for Form I-539, Application to Extend/Change Nonimmigrant Status, beginning on October 1. Applicants do not need to pay the fee if their application is postmarked October 1 or later. Proposed Revisions to Form I-817 & I-140 USCIS 30-day notice and request for comments on proposed revisions to Form I-817, Application for Family Unity Benefits and to Form I-140, Immigrant Petition for Alien Workers. Comments are due by October 26, 2023, and October 27, 2023, respectively. Source: USCIS & AILA

Modernizing H-2 Program Requirements DHS notice of proposed rulemaking (NPRM) on modernizing H-2 program requirements and worker protections. Comments are due by November 20, 2023. Removing Wet Signature Requirement Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Program updated the Form I-983, “Training Plan for STEM OPT Students,” to remove language requiring wet signatures. Students and employers may continue to physically sign the Form I-983 or input their own electronic signature. EB-1 Visa Cap Update USCIS remains committed to using all available employment-based visas in FY 2023, and they have updated their list of frequently asked questions regarding EB-1 applicants. Visa Bulletin for October 2023 The U.S. Department of State released its Visa Bulletin for October 2023. For October, family-based applicants and employment-based application must use the “Dates for Filing”. Source: USCIS & AILA

Rulemaking on Protections for H-2A Workers Department of Labor (DOL) notice of proposed rulemaking (NPRM) to amend the regulations governing the certification of H-2A workers and the enforcement of the contractual obligations applicable to employers of H-2A workers. Comments are due on November 14, 2023. Update on Advance Travel Authorization U.S. Customs and Border Protection (CBP) 60-day notice and request for comment on proposed revisions to CBP’s Advance Travel Authorization (ATA) information collection, which allows individuals to submit information in the CBP One application. Comments are due November 13, 2023. Proposed Revisions to Form I-134A USCIS 60-day notice and request for comment on proposed revisions to Form I-134A, Online Request to be a Supporter and Declaration of Financial Support. Comments are due on November 13, 2023. Guidance for EB-1 Eligibility Criteria USCIS issued policy guidance to clarify how it evaluates evidence to determine eligibility for extraordinary ability and outstanding professor or researcher first preference employment-based immigrant visa classifications. Guidance is effective as of September 12, 2023, and comments are due by October 12, 2023. Affirmative Asylum Procedures Manual USCIS released its Affirmative Asylum Procedures Manual, which provides information on how to process an affirmative asylum application within an asylum office. Source: USCIS & AILA

Update on EB Category’s Visa Cap USCIS stated that the employment-based (EB) annual limit for fiscal year (FY) 2023 will be higher than it was before the pandemic, though lower than in FY 2021 and FY 2022. Introduction of DVA The State Department’s Bureau of Consular Affairs is developing the capability to issue a digital visa authorization (DVA) instead of the traditional visa printed and placed in applicants’ passports. The U.S. Embassy in Dublin is conducting a limited DVA proof of concept with a small number of K-1 fiancé(e) visas. USCIS 30-day Notice USCIS 30-day notice and request for comment on proposed revisions to Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. Comments are due on October 10, 2023. USCIS 60-day Notice USCIS 60-day notice and request for comment on proposed revisions to Form I-485, as well as Supplement A, Supplement J, and the Physicians National Interest Waiver. Comments are due on November 7, 2023. Campaign for Work-eligible Non-citizens Department of Homeland Security (DHS) launched a national campaign for noncitizens who are work-eligible but who have not applied for an EAD. Hundreds of thousands of emails and texts have been sent by USCIS in English, Spanish, and Haitian Creole, with additional notifications in Ukrainian and Russian planned in the coming days. Source: USCIS & AILA

No Extensions of Fee Validity All receipts for payment of Machine-Readable Visa (MRV) fees issued before October 1, 2022, will expire on September 30, 2023. There will be no extensions of fee validity. Applicants must schedule an appointment or submit an interview waiver application before September 30, 2023, to avoid paying a new fee. H-1B Visa Extension H-1B status holders may be eligible for an extension beyond 6th year if 365 days have passed since labour certification or immigrant visa petition filing. Reminder to Submit All Required Documentations Filing Form I-485 with Form I-693 may eliminate the need to issue a Request for Evidence (RFE) to obtain Form I-693, which delays the review of the application until response to the RFE. Online Form for In-Person Appointments USCIS announced the launch of a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment at their local field office for ADIT stamps, Emergency Advance Parole, Immigration Judge Grants, and more. Update on USCIS’s myAccount Application USCIS is conducting a usability study for its myAccount application, a platform designed to streamline access to U.S. government websites such as myUSCIS. If selected, a single 30-minute to one-hour session will be scheduled between Monday, September 25, and Friday, September 29. Voter Registration Guidance for Naturalized Citizens USCIS updated policy guidance in its Policy Manual to clarify voter registration access at its administrative naturalization ceremonies. Guidance is effective immediately. Source: USCIS & AILA

USCIS Policy Manual Update USCIS updated policy guidance in its Policy Manual to provide clarification on voter registration access at its administrative naturalization ceremonies. Guidance is effective immediately. Evidentiary Requirements for Physicians (NIW) USCIS confirmed the evidentiary requirements for physicians seeking a national interest waiver of the job offer requirement based on work in an underserved area or at a U.S. Department of Veterans Affairs facility. Guidance is effective as of August 16, 2023 and comments are due by September 18, 2023. Update on CSPA USCIS clarified that USCIS considers the February 14, 2023 policy change to be an extraordinary circumstance that may excuse the “sought to acquire” requirement under the Child Status Protection Act (CSPA) in particular situations. Guidance is effective from August 24, 2023 and comments are due by September 25, 2023. Online Form for Requesting In-Person Appointments USCIS announced the launch of a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment at their local field office for ADIT stamps, Emergency Advance Parole, Immigration Judge Grants, and more. Trump Unveils 2025 Immigration Plan Former President Trump disclosed his 2025 immigration plan if he were reelected. The plan takes his previous measures further, including naval blockades and military intervention at the U.S.-Mexico border. It also aims to curtail legal immigration through ideological screening, expanding travel bans, ending birthright citizenship, and implementing strict entry requirements. Biden’s Humanitarian Parole Program Challenged in Court The Biden administration’s humanitarian parole program, which allows up to 30,000 people from Cuba, Venezuela, Nicaragua, and Haiti to enter the U.S. each month, headed to a Texas court on Thursday, 31 August, to determine its legality. Source: USCIS & AILA

Proposed Revisions to Form I-941 USICS 30-day notice and request for comment on proposed revisions to Form I-941, Application for Entrepreneur Parole. Comments are due on September 18, 2023. Proposed Revisions to Form  DS-10, DS-60 and DS-86 DOS 60-day notice and request for comment on proposed revisions to Forms DS-10 (Birth Affidavit), DS-60 (Affidavit Regarding a Change of Name), and DS-86 (Statement of Non-Receipt of a U.S. Passport). Comments are due on October 10, 2023. USCIS Online Account Access USCIS 60-day notice and request for comment on proposed revisions to USCIS Online Account access. The myUSCIS system’s registrant account is being enhanced to allow companies to set up company administrator accounts and to file Form I-129 petitions. Bona Fide Determination Process Update USCIS stated that it may determine if a qualifying family member’s U petition is bona fide, and adjudicate the Form I-765, once the principal receives a Bona Fide Determination, even if the principal petitioner has not filed Form I-765. Guidance is effective on August 11, 2023, and comments are due by September 11, 23. Addition of 38 Immigration Judges Executive Office for Immigration Review (EOIR) announced the appointment of 38 immigration judges to immigration courts in California, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Michigan, New Jersey, Ohio, Texas, Utah, and Virginia. Source: USCIS & AILA