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.

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.

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.

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.

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.

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.

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.

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.

The USCIS California Service Center is moving to a new address on August 12, 2024, to streamline operations. The new location is at 2642 Michelle Drive, Tustin, CA 92780. Service centers do not offer in-person services or interviews, so refer to uscis.gov for specific form filing addresses.

Starting October 1, 2024, USCIS will increase investment and revenue thresholds for the International Entrepreneur Rule. Entrepreneurs must now show at least $311,071 in qualified investments or $124,429 in government grants to qualify. For a second stay, $622,142 in funding or revenue, or creating five jobs is required. Application fees remain unchanged.

USCIS has updated its Policy Manual on children’s acquisition of citizenship, effective immediately. Key changes include clarifying parental physical presence requirements, handling out-of-wedlock births, and confirming valid proof of citizenship. The updates also address cases where citizenship status is determined through parents or grandparents. Applicants previously denied can file a motion to reopen their cases if policy changes make them eligible. The update also includes various changes to nationality charts in the Policy Manual.

On June 18, DHS announced a new process to keep families together, allowing certain noncitizen spouses of U.S. citizens who have lived in the U.S. for at least 10 years to apply for parole in place. This policy, starting August 19, 2024, permits eligible spouses to seek lawful permanent residence without leaving the country. Interested individuals should begin gathering necessary documentation but cannot apply until the process is officially implemented. Full details will be published in the Federal Register.