A coalition of farm and business groups, along with the state of Mississippi, has sued the U.S. Department of Labor to block a rule expanding labor rights for H-2A workers. Filed in the U.S. District Court of Southern Mississippi, the lawsuit argues that the rule is unlawful. Plaintiffs include the International Fresh Produce Association, the American Farm Bureau Federation, and Mississippi. The rule, designed to enhance protections for H-2A workers, has already been delayed by a court injunction affecting several states.

On October 15, 2023, the U.S. Department of Homeland Security (DHS) conducted its second removal flight of Chinese nationals to the People’s Republic of China. This follows a similar flight in June, the first since 2018, signaling renewed cooperation with China on irregular migration. DHS has increased removals in FY2024 and aims to expand removal flights further. Secretary Alejandro Mayorkas urged migrants not to trust smugglers, highlighting the consequences of illegal entry. Since a June proclamation, Border Patrol encounters have dropped by over 55%.

On October 2, 2024, USCIS issued new guidance on EB-1 visa eligibility for individuals with extraordinary ability. The update allows team awards to qualify as lesser recognized prizes, considers past memberships under the membership criterion, and removes the requirement for published materials to show the value of an individual’s work. It also clarifies that non-artistic exhibitions can support comparable evidence claims, while only artistic exhibitions count under the regulatory definition. This guidance is effective immediately and replaces previous instructions.

The U.S. Embassy in New Delhi announced 250,000 additional visa appointments for Indian travelers, including tourist, skilled worker, and student visas, to expedite interviews and strengthen U.S.-India ties. In 2024, over 1.2 million Indians traveled to the U.S., a 35% increase from 2023. The Embassy processed over one million nonimmigrant visa applications for the second year.

The Diversity Immigrant Visa Program (DV-2026), run by the Department of State, offers up to 55,000 visas for Fiscal Year 2026 to individuals from countries with low U.S. immigration rates. There is no registration fee, but selectees must pay a visa application fee before their interview. Eligibility is strict, and selection is made through a random computer drawing. Visas are distributed across six geographic regions, with no country receiving more than 7%. Natives from countries with over 50,000 U.S. immigrants in the last five years are ineligible.

The Presidential Determination on Refugee Admissions for Fiscal Year 2025 sets a cap of up to 125,000 refugees, based on humanitarian or national interest. Regional allocations include 30,000-50,000 for Africa, 10,000-20,000 for East Asia, 2,000-3,000 for Europe and Central Asia, 35,000-50,000 for Latin America and the Caribbean, and 30,000-45,000 for the Near East and South Asia. Unused admissions can be reallocated between regions, and specific groups from countries like Cuba, Iraq, and Central America may receive special consideration.

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.

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.

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.

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.

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.

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.