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Special Employment Benefits for F-1 Students from Yemen

Special Employment Benefits for F-1 Students from Yemen

On July 8, 2024, the DHS announced Special Student Relief (SSR) for F-1 students from Yemen facing severe economic hardship due to the ongoing crisis. Effective from September 4, 2024, to March 3, 2026, this relief may include suspension or modification of certain requirements such as status duration, full course load, and off-campus employment eligibility.

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Annual Limit Reached in EB-1 and EB-4 Category

Annual Limit Reached in EB-1 and EB-4 Category

The U.S. State Department has announced that all available visas for the  Employment-Based First Preference (EB-1) and Employment-Based Fourth Preference (EB-4) have been issued for the fiscal year 2024. It means that US embassies and consulates worldwide will not issue any more visas in these categories until the beginning of the new fiscal year, on October 1, 2024.

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Court Issues 14-Day Stay on DHS's Keeping Families Together Initiative

Court Issues 14-Day Stay on DHS’s Keeping Families Together Initiative

The U.S. District Court for the Eastern District of Texas issued a 14-day administrative stay on August 26, 2024, halting the Department of Homeland Security (DHS) from granting parole in place under the Keeping Families Together initiative. During this period, USCIS will not approve pending parole requests but will continue accepting new Form I-131F applications and scheduling biometric appointments.

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New Edition of I-485, I-765, I-539 Forms

New Edition of I-485, I-765, I-539 Forms

Starting Oct. 28, 2024, USCIS will accept only the 08/28/24 edition of certain forms including I-485, Application to Register Permanent Residence or Adjust Status, I-765, Application for Employment Authorization and I-539, Application to Extend/Change Nonimmigrant Status. Until then, applicants can also use the 04/01/24 edition of these forms. The updated editions can be found at the bottom of the form and instructions page of USCIS.

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Updated Guidance for FM Nonimmigrant Student Classification

Updated Guidance for F/M Nonimmigrant Student Classification

USCIS has updated its Policy Manual for STEM students under F/M nonimmigrant status. The new guidance allows one online class or three credits per session to count toward full-time study. It clarifies transfer rules, status changes, and eligibility for post-completion OPT during the 60-day grace period. The update also corrects the STEM OPT extension application period and addresses SEVIS status during study abroad. These changes are effective immediately for all pending and new requests.

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Biden Administration Accelerates Asylum Processing at U.S.-Canada Border

Biden Administration Accelerates Asylum Processing at U.S.-Canada Border

Starting August 14, the Biden administration sped up asylum processing in the U.S.-Canada border due to rising migrant crossings. Changes include requiring documents ready for screenings and reducing consultation time with lawyers. This effort aims to quickly process and deport migrants under the U.S.-Canada “Safe Third Country” agreement.

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USCIS starts accepting requests under Keeping Families Together Initiative

USCIS starts accepting requests under “Keeping Families Together” Initiative

Starting August 19, USCIS will accept requests for parole in place for certain noncitizen spouses and stepchildren of U.S. citizens using the new online Form I-131F. This process allows certain noncitizen spouses and stepchildren of U.S. citizens—who have lived in the U.S. for over 10 years—to apply for parole in place, helping them stay with their families without leaving the country. Each applicant, including minors, must file separately and have their own USCIS online account. No paper forms will be accepted.

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No More EB-3 and EW Visa Category in Fiscal Year 2024

No More EB-3 and EW Visa Category in Fiscal Year 2024

In a recent development, the U.S. Department of State, in conjunction with the U.S. Citizenship and Immigration Services (USCIS), has announced that all legally available visas in the Employment-Based Third Preference (EB-3) and Other Workers (EW) categories have been issued for the fiscal year (FY) 2024. This marks a significant moment for the U.S. immigration system, as these categories are now unavailable until the start of the new fiscal year. Under the Immigration and Nationality Act (INA), there are strict limits on the number of employment-based preference immigrant visas that can be issued each fiscal year. Specifically, INA 203(b)(3) stipulates that the EB-3 category is allocated 28.6% of the worldwide employment-based visa limit. Within this category, no more than 10,000 visas can be issued under the EW subcategory designated “Other Workers.” Due to these limitations, the issuance of visas in the EB-3 and EW categories is closely monitored throughout the year. Once the annual cap is reached, no further visas can be issued in these categories until the start of the new fiscal year. With the exhaustion of EB-3 and EW visas for FY 2024, applicants hoping to secure their visas this fiscal year will now need to wait until October 1, 2024, when the new fiscal year begins. The annual limits will reset at that time, and U.S. embassies and consulates will resume issuing visas in these categories. This development underscores the importance of timely visa applications and the impact of the INA’s annual limits on the immigration process. As the new fiscal year approaches, the petitioners are required to stay informed about the latest updates regarding the availability of EB-3 and EW visa categories and ensure that all necessary documentation is ready to avoid further delays once visa issuance resumes. The upcoming reset of the visa limits in FY 2025 will provide new opportunities for qualified applicants to obtain EB-3 and EW visas. Employers and applicants alike should prepare for this reset by reviewing their immigration strategies and ensuring that all eligibility requirements are met.

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EB-5 Unreserved Visa Cap Reached for 2024

EB-5 Unreserved Visa Cap Reached for 2024

The State Department has announced that all EB-5 unreserved visas for fiscal year 2024 have been issued. These visas, which support investors creating U.S. jobs, have now reached their annual cap. Visa issuance in this category will resume on October 1, 2024, with the start of the new fiscal year.

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U.S. Warns of Visa Scams Targeting Foreign Residents in Canada

U.S. Warns of Visa Scams Targeting Foreign Residents in Canada

U.S. authorities have warned foreign residents in Canada about an increase in visa scams. Scammers claim to secure quick U.S. visa appointments, leading to financial loss and account control issues for victims. The U.S. State Department advises caution and stresses that these scams often start on social media with fake endorsements.

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Visa Bulletin For September, 2024 Published Most categories see no movements

Visa Bulletin For September, 2024 Published: Most categories see no movements

In the September 2024 visa bulletin, no advancements are seen in any Family-Based categories, while EB-3 and other workers’ Employment-Based categories see major retrogression. As anticipated in the July and August 2024 Visa Bulletins, EB-3 and EW final action dates for Rest of World, Mexico, and the Philippines have retrogressed due to nearing the FY-2024 annual limits. Final action dates may advance in October 2024, depending on global demand and the FY-2025 visa category limit.

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Biden Administration Pauses Humanitarian Parole Program

Biden Administration Pauses Humanitarian Parole Program

The Biden administration has temporarily paused the “humanitarian parole” program for migrants from Cuba, Haiti, Nicaragua, and Venezuela due to concerns about fraud among financial sponsors. The program, launched in 2022, which allows up to 30,000 migrants monthly to enter the U.S., is under review by the Department of Homeland Security, which has suspended new travel authorizations until safeguards are implemented.

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