Immigration News

USCIS Updates Policy on “Sought to Acquire” Requirement Under CSPA
USCIS has revised its Policy Manual regarding the “sought to acquire” requirement under the Child Status Protection Act (CSPA). The update clarifies that CSPA age is calculated based on the date an immigrant visa first became available, provided it remained available for at least one year. If the visa later became unavailable, applicants may still use the original availability date if they can demonstrate extraordinary circumstances for not applying earlier. These revisions aim to ensure consistency and efficiency in adjudicating such cases.

Qatar Designated for Visa Waiver Program by DHS
The DHS has issued a final rule, including a technical amendment, to update the list of countries participating in the Visa Waiver Program by adding Qatar. This designation will take effect on December 1, 2024.

Biden-Harris Administration Awards $71M In Grants
The Biden-Harris administration has awarded $71 million in grants to improve job quality and expand access to good jobs in critical sectors. Funded by the U.S. Department of Labor, the grants support 27 organizations across 14 states and D.C. Nearly $38 million will prepare workers for infrastructure jobs, $13 million will enhance job quality in care and hospitality, and $20 million will support youth workforce development in marginalized communities. This funding is part of the administration’s Investing in America agenda.

DOL Updates PERM and PWD Processing Time
The Labor Department has updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests. The agency is now processing PERM applications filed by August 2023 and earlier, with audits for those filed by December 2022. Prevailing wage requests for H-1B and non-H-1B cases from February 2024 and earlier are also under review. Appeals for redeterminations filed by May 2024 are being considered, and Center Director Reviews for cases from August 2023 and earlier are ongoing.

USCIS Extends Green Card Validity Extension
Starting September 10, 2024, USCIS will extend the validity of Green Cards for lawful permanent residents who file Form I-90 to 36 months, up from 24. Applicants can use Form I-90 receipts with expired Green Cards as proof of status and work authorization. For those without a Green Card, ADIT stamps can be obtained at USCIS Field Offices to confirm lawful status during renewal delays.

USCIS Reaches H-2B Cap for First Half of FY 2025
As of September 18, 2024, USCIS has reached the H-2B visa cap for temporary nonagricultural workers for the first half of fiscal year 2025. New cap-subject petitions requesting employment before April 1, 2025, will be rejected. However, petitions exempt from the cap, such as those for H-2B extensions or certain specific roles, will still be accepted. Congress limits the H-2B program to 66,000 visas annually.

DOL Awards $203 Million in Grants to Support Training and Services
The U.S. Department of Labor awarded $203 million through the Senior Community Service Employment Program (SCSEP) to help low-income older adults gain employment in 14 states.. Of this, $194 million goes to 19 national nonprofits, with $9 million supporting organizations serving Native American and Asian-American/Pacific Islander communities. SCSEP promotes job placement and community service for individuals 55 and older. Funded by the Older Americans Act, the grants will last through Program Year 2024, with potential annual funding of up to $313 million for three more years, subject to appropriations.

New Fact Sheet on Family-Based Conditional Permanent Resident Joint Filing
USCIS has released a comprehensive fact sheet on family-based conditional permanent resident status, focusing on the joint filing of Form I-751. The document explains how to determine if conditions apply to your residency, distinguishes between joint petitions and waivers (used when joint filing isn’t possible), and highlights critical filing deadlines to prevent loss of status.

More Lawsuits Against “Keeping Families Together” Program
The Fifth Circuit Court froze lower court proceedings pending an appeal hearing on October 10. While USCIS can still accept and process applications for the Keeping Families Together program, it is temporarily barred from approving them. On September 4, 2024, District Judge J. Campbell Barker extended the stay preventing USCIS from granting parole through September 23, with a hearing set for September 18. Previously, on August 26, Judge Barker issued a stay halting parole grants for 14 days. Sixteen Republican-led states filed a lawsuit on August 23 to block the program. USCIS remains unable to approve applications amid the ongoing legal challenge.

Relocation of California Service Center
The USCIS California Service Center has relocated to 2642 Michelle Drive, Tustin, CA 92780 for commercial deliveries (UPS, FedEx, DHL). New P.O. boxes for USPS mail are available on USCIS.gov. The previous address (Laguna Niguel) will accept mail until September 30, 2024, with a grace period until October 15. After that, mail to the old address will be returned. Responses to USCIS correspondence before August 12, 2024, should be sent to P.O. Box 30113, Tustin, CA 92781. Form I-865 filings are now handled by the Texas Service Center, and new addresses for Form I-751 waivers are in place. The 60-day grace period for filings to old centers ends on November 1, 2024.

EB-2 Visa Annual Limit Reached for 2024
The U.S. Department of State announced that all EB-2 visas for fiscal year 2024 have been issued, reaching the annual cap set by the Immigration and Nationality Act. No more EB-2 visas will be issued until the next fiscal year begins on October 1, 2024. Employers and workers seeking EB-2 visas must wait until FY 2025. This follows last month’s announcement that EB-3 (Other Workers) and EB-5 visas were also exhausted for FY 2024.

USCIS to Celebrate Constitution Day and Citizenship Day
USCIS will celebrate Constitution Day and Citizenship Day on September 17, 2024, as part of Constitution Week from September 17 to 23, honoring the signing of the U.S. Constitution in 1787 and Citizenship Day, created in 1952. USCIS Director Ur M. Jaddou highlighted the agency’s efforts to promote citizenship and reduce barriers to immigration benefits. More than 17,000 new citizens will be welcomed in 400 naturalization ceremonies nationwide throughout the week.
