The American Immigration Council, alongside over 100 business organizations nationwide, urges Congress to expedite work permits for asylum seekers by reducing the waiting period from the current 180 days to 30 days. The joint letter also advocates for increased funding for U.S. Citizenship and Immigration Services (USCIS) to enhance the efficiency of work permit processing. With 9.6 million job openings and 6.5 million individuals seeking employment, businesses are grappling with significant worker shortages, particularly in key industries.

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.

CCLT applies to individuals seeking extensions of stay or changes of status to H-4, L-2, E-1, E-2, or E-3 nonimmigrant categories.

The Department of Labor announced $98 million in funding for pre-apprenticeship programs. The program is designed to help disadvantaged young people ages 16 to 24 enter the workforce. The funding will provide educational guidance, occupational skills training, and employment services. The program aligns with the Biden-Harris administration’s Investing in America agenda to create good jobs.

The American Immigration Council, a non-profit supporting immigrants in the U.S., recently released an interactive map highlighting immigrants’ contributions. The 2023 Map covers all 50 states, showcasing immigrant impact in various industries. It includes stories and videos from local leaders emphasizing the significance of immigration. Some key findings from the Council’s report include: 1 in 8 U.S. residents is an immigrant. Immigrants paid over $500 billion in taxes in 2021. 22% of all U.S. entrepreneurs are immigrants.

The H-2B program for FY 2024 outlines specific visa allocations and employment start date ranges for different periods within the fiscal year. The program aims to address labor needs by allowing temporary hiring of noncitizens for non-agricultural work in the U.S. Various provisions are in place to protect both U.S. and H-2B workers, and petitions for supplemental allocations must be filed at the USCIS Texas Service Center to be considered valid.

This bulletin summarizes the availability of immigrant numbers during December for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. 

The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), has announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. The H-2A visa program allows U.S. employers to hire foreign workers for temporary agricultural jobs. The H-2B visa program allows U.S. employers to hire foreign workers for temporary non-agricultural jobs.

A new report by the Bipartisan Policy Center reveals that the U.S. is losing trillions in economic growth due to green card backlogs. The report suggests that eliminating these backlogs could contribute $3.9 trillion to the GDP over a decade. To tackle this issue, the report proposes congressional actions, such as recapturing unused green cards, setting time limits on green card waiting, abolishing per-country restrictions, adjusting overall visa quotas, and enhancing processing resources.

The Potomac Service Center (PSC) will no longer accept paper responses, including Notices of Intent to Deny (NOID), Notices of Intent to Revoke (NOIR), Intents to Deny (ITD), Requests for Evidence (RFE), or supporting documentation for pending filings. The shift away from paper correspondence begins on November 13, 2023. All mailed materials for cases processed by the PSC must be directed to the Texas Service Center (TSC) at USCIS Texas Service Center.

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