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

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