Headlines
FY 2026 Diversity Visa Program Application Period Is Underway – The online registration period for the Diversity Visa (DV)-2026 program began on October 2, 2024, and concludes on November 5, 2024.
USCIS Issues New Guidance on EB-1 ‘Extraordinary Ability’ Eligibility Criteria – U.S. Citizenship and Immigration Services issued policy guidance, effective immediately, to further clarify the types of evidence that the agency may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.
Exchange Program Connects African Universities With HBCUs – The Department of State is strengthening educational partnerships between African universities and Historically Black Colleges and Universities in the United States through an International Visitor Leadership Program exchange.
DOS Announces Reduced Passport Processing Times – The Department of State’s Bureau of Consular Affairs said it is reducing processing times for passports to 4 to 6 weeks, down from 6 to 8 weeks.
Special Immigrant Religious Worker Program Extended – President Biden signed a law extending the EB-4 non-minister special immigrant religious worker program through December 20, 2024.
USCIS Seeks Comments on H-2 Petitioners’ Employment- and Fee-Related Notifications – U.S. Citizenship and Immigration Services seeks comments by December 2, 2024, on H-2 petitioners’ employment- and fee-related notifications (Form I-129N).
USCIS Rejects ‘Unusually High Number’ of Alien Worker Petitions, Releases Tips – U.S. Citizenship and Immigration Services has had to “reject an unusually high number of Forms I-140 (Immigrant Petition for Alien Worker) at intake because of incorrect fees and missing information.” The agency released tips for petitioners.
Work Authorization Procedures Announced for Liberians Covered by DED –U.S. Citizenship and Immigration Services announced procedures for Liberians covered by Deferred Enforced Departure to apply for work permits that will be valid through June 30, 2026.
Fee Exemptions and Expedited Processing Extended for Afghans – U.S. Citizenship and Immigration Services is extending and expanding some previously announced filing fee exemptions and expedited application processing for certain Afghan nationals.
DHS Designates Qatar for Visa Waiver Program – The Department of Homeland Security has designated Qatar for the Visa Waiver Program, to be implemented December 1, 2024.
SAVE Transaction Charges Increased October 1 – U.S. Citizenship and Immigration Services reminded Systematic Alien Verification for Entitlements users that transaction charges increased on October 1.
USCIS Reaches H-2B Cap for First Half of FY 2025 – U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2025.
USCIS Extends Green Card Validity to 36 Months for Renewals – U.S. Citizenship and Immigration Services is automatically extending the validity of permanent resident cards (green cards) to 36 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.
EB-5 Integrity Fund Fee Was Due October 1 – The annual fee is $20,000 for each designated regional center, except for those with 20 or fewer total investors in the preceding fiscal year in their new commercial enterprises, in which case the annual fee is $10,000.
OMB Grants DOL’s Emergency Request to Reinstate H-2A Forms – The Office of Management and Budget approved through February 2025 the Department of Labor’s emergency request to reinstate prior approved Forms ETA 790, 790A, 790B, and 9142A.
Annual Limit Reached in EB-2 Visa Category – The annual limit reset with the start of FY 2025 on October 1, 2024.
OFLC Announces Revised Transition Schedule for H-2A Job Orders and Technical Guidance Under Farmworker Protection Rule – The Department of Labor’s Office of Foreign Labor Certification announced a revised transition schedule for receiving and processing H-2A job orders and Applications for Temporary Employment Certification under the Farmworker Protection Rule, along with other technical guidance.
DOJ Secures Antidiscrimination Settlement Agreement With Parking Management Company – The agreement resolves the Department of Justice’s determination that SP Plus discriminated against a worker based on her national origin by rejecting a valid document that showed her permission to work and requesting that she provide unnecessary documentation.
California Service Center Relocates; Filing Addresses Updated – The California Service Center has moved to a new facility.
District Court Extends Stay on Keeping Families Together PIP Applications – Parole grants are paused, but U.S. Citizenship and Immigration Services will continue to collect applications.
DOS Announces Creation of a Lightering Visa Classification – The U.S. Department of State announces two new visa classifications for noncitizens seeking to transit the United States to join a vessel engaged in foreign trade or lightering activities.
CBP Issues Directive on the Handling, Storage, Transference and/or Return of Detainee Personal Property – Customs and Border Protection (CBP) provides a directive with additional guidance on its policies regarding the handling, processing, and return of detained individuals’ personal property at CBP facilities.
Charles Kuck was quoted by CNN in Elon Musk is One of Immigration’s Harshest Critics. He Once Described His Past Immigration Status as a “Gray Area.” Commenting on Elon Musk’s remark that his early immigration status in the United States was a “gray are,” Mr. Kuck said, “Actually, there are no gray areas in immigration.” Instead, he said, there are people who get caught for violations and people who don’t. “I will tell you, as somebody who’s done immigration law for 35 years, that a lot of immigrants leave their immigration history behind, right? They want to move on to their new life. But when you speak out against other people’s immigration journey, then yours becomes subject to scrutiny. … If you live in a glass house, you shouldn’t throw stones.”
Mr. Kuck was quoted by the Times of India in USCIS’ New Insignia Features the Statue of Liberty With the Tagline: Upholding America’s Promise. Mr. Kuck said, “You spent money and time on this? Why? It’s a LOGO! Just do your job and adjudicate the applications.”
Mr. Kuck authored a new blog post: How Will Trump Destroy the U.S. Legal Immigration System.
Mr. Kuck was a guest on Episode 7 of the Immigration Ain’t Easy podcast.
The News in Detail
FY 2026 Diversity Visa Program Application Period Is Underway
The Department of State (DOS) announced that the online registration period for the Diversity Visa (DV)-2026 program began on October 2, 2024, at noon ET and will conclude on November 5, 2024, at noon ET.
Submission of more than one entry for a person during the registration period will disqualify all entries for that person, DOS said. The English version of the DV-2026 Program Instructions in PDF format is the only current official version available. Unofficial translations in additional languages will be added to the DOS DV webpage as they become available, DOS said.
DOS noted that, for the purposes of eligibility, some countries include components and dependent areas overseas. “If you are a native of a dependency or overseas territory, please select the appropriate country of eligibility. For example, natives of Macau S.A.R should select Portugal, and natives of Martinique should select France,” DOS said.
For more information, see 89 Fed. Reg. 79997 (Oct. 1, 2024).
USCIS Issues New Guidance on EB-1 ‘Extraordinary Ability’ Eligibility Criteria
On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance, effective immediately, to further clarify the types of evidence that the agency may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications. The policy guidance:
- Confirms that USCIS considers a person’s receipt of team awards under the criterion for lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- Clarifies that USCIS considers past memberships under the membership criterion;
- Removes language suggesting published material must demonstrate the value of the person’s work and contributions to satisfy the published material criterion; and
- Explains that while the dictionary defines an “exhibition” as a public showing not limited to art, the relevant regulation expressly modifies that term with “artistic,” such that USCIS will only consider non-artistic exhibitions as part of a properly supported claim of comparable evidence.
USCIS said the new guidance builds on a previous EB-1 policy update that provides “more clarity and transparency to assist petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility.”
The policy update, which is included in the USCIS Policy Manual, “is controlling and supersedes any related prior guidance on the topic,” USCIS said.
Exchange Program Connects African Universities With HBCUs
On October 4, 2024, the Department of State (DOS) announced that it is strengthening educational partnerships between African universities and Historically Black Colleges and Universities (HBCUs) in the United States through an International Visitor Leadership Program (IVLP) exchange.
Participants in this professional exchange program “include African higher education faculty, administrators, and government officials from 11 countries who are interested in internationalizing university campuses and strengthening and expanding higher education linkages with U.S. higher education institutions,” DOS said.
The implementing partner for the IVLP is the Mississippi Consortium for International Development (MCID), a nonprofit organization that originated from a collaborative endeavor of four HBCUs in Mississippi.
DOS Announces Reduced Passport Processing Times
The Department of State’s (DOS) Bureau of Consular Affairs announced on October 3, 2024, that it is reducing processing times for passports to 4 to 6 weeks, down from 6 to 8 weeks. “This announcement comes after months of issuing passports well under the 6-8 week commitment and showcases our progress to continuously improve the efficiency, equity, and accessibility of the U.S. passport application process,” DOS said. The updated processing time applies to applications submitted on paper or online.
For those in need of expedited service for U.S. passports, DOS said its processing remains 2 to 3 weeks. These processing times “begin when an application is received by the State Department and do not include mailing times,” DOS noted.
Those who wish to renew their passports can use the Online Passport Renewal system. DOS launched the full online renewal system on September 18, 2024.
Special Immigrant Religious Worker Program Extended
On September 26, 2024, President Biden signed a law extending the EB-4 non-minister special immigrant religious worker program through December 20, 2024. It was previously set to expire on September 30, 2024. U.S. Citizenship and Immigration Services (USCIS) explained that the law allows such workers to immigrate or adjust to permanent resident status by that “sunset date.” Included are those in a religious vocation or occupation engaged in either a professional or non-professional capacity. The sunset date also applies to accompanying spouses and children.
Special immigrants entering the U.S. solely to carry on the vocation of a minister, and their accompanying spouses and children, are not affected by the sunset date, USCIS said. Nonprofit organizations whose use of special immigrant religious workers furthers the cultural or social interests of the United States may request expedited processing.
USCIS Seeks Comments on H-2 Petitioners’ Employment- and Fee-Related Notifications
U.S. Citizenship and Immigration Services seeks comments on H-2 petitioners’ employment- and fee-related notifications (Form I-129N). The notice was published in 89 Fed. Reg. 80589 (Oct. 3, 2024). Comments are due by December 2, 2024.
USCIS is inviting comments on the nature of the information collection, the categories of respondents, the estimated burden (time, effort, and resources used by the respondents), the estimated cost to the respondent, and the information collection instruments. USCIS said the changes to this information collection are related to the Modernizing H-2 Program Requirements, Oversight, and Worker Protections proposed rule, and are contingent on its successful conclusion.
USCIS Rejects ‘Unusually High Number’ of Alien Worker Petitions, Releases Tips
U.S. Citizenship and Immigration Services (USCIS) said it has had to “reject an unusually high number of Forms I-140 (Immigrant Petition for Alien Worker) at intake because of incorrect fees and missing information” since it published a new form edition and new fees. The agency released tips for petitioners:
- When you file Form I-140, provide a payment with your petition for the full $600 Asylum Program Fee, unless you qualify for a reduced Asylum Program Fee of either $300 or $0. If you do not provide the correct Asylum Program Fee, in addition to the $715 filing fee, USCIS may reject your filing.
- Also, because your answers in Part 1 of the form to questions 5 and 6 tell USCIS whether you qualify for a reduced fee, they cannot be left blank.
- Provide separate payments for the $715 filing fee and the Asylum Program Fee, using the same type of payment, either check/money order or Form G-1450 to pay with a credit card. Packages filed with more than one type of payment may be rejected.
USCIS provided a chart with guidance on how to complete questions 5 and 6 in Part 1 and determine the correct payment. USCIS also issued a reminder to check form editions before filing any forms.
Work Authorization Procedures Announced for Liberians Covered by DED
On September 23, 2024, U.S. Citizenship and Immigration Services (USCIS) announced procedures for Liberians covered by Deferred Enforced Departure (DED) to apply for employment authorization documents (EADs) that will be valid through June 30, 2026.
USCIS is automatically extending through that date the validity of DED-related EADs bearing a Category Code of A11 and a Card Expires date of March 30, 2020; January 10, 2021; June 30, 2022; or June 30, 2024. The agency noted that nationals of Liberia, and individuals having no nationality who last habitually resided in Liberia, do not need to apply for DED and are covered based on the terms described in President Biden’s directive.
USCIS noted that the Department of Homeland Security may provide travel authorization at its discretion to those covered under DED for Liberians. Individuals who wish to travel outside of the United States may file Form I-131, Application for Travel Document. Individuals can also apply for an EAD by filing Form I-765, Application for Employment Authorization.
A Federal Register notice at 89 Fed. Reg. 77885 (Sept. 24, 2024) provides additional information about DED for Liberia and how eligible individuals may apply for a DED-based EAD or travel authorization.
Fee Exemptions and Expedited Processing Extended for Afghans
On September 27, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it is extending and expanding some previously announced filing fee exemptions and expedited application processing for certain Afghan nationals. “This will help Afghan nationals continue to resettle and, in many cases, reunite with family in the United States. It will enable USCIS to more quickly process requests for long-term status, status for immediate relatives, and associated services,” the agency said.
Afghan nationals paroled into the United States on or after July 30, 2021, are eligible for the fee exemptions and streamlined processing through the dates listed in the stakeholder message.
DHS Designates Qatar for Visa Waiver Program
The Department of Homeland Security (DHS) has designated Qatar for the Visa Waiver Program (VWP), to be implemented December 1, 2024. DHS announced the designation via a final rule published at 89 Fed. Reg. 78783 (Sept. 26, 2024).
Eligible citizens, nationals, and passport holders from designated VWP countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant noncitizens for a period of 90 days or fewer for business or pleasure without first obtaining a nonimmigrant visa.
SAVE Transaction Charges Increased October 1
U.S. Citizenship and Immigration Services (USCIS) reminded Systematic Alien Verification for Entitlements (SAVE) users that transaction charges increased on October 1, 2024.
The federal agency charge is $2.25 per case in fiscal year (FY) 2025 (Oct. 1, 2024-Sept. 30, 2025). The non-federal agency charge is $1.50 per case in FY 2025.
Information regarding the transaction charge increase as well as the phase-in timeline is available at SAVE Transaction Charges.
USCIS Reaches H-2B Cap for First Half of FY 2025
U.S. Citizenship and Immigration Services (USCIS) announced on September 19, 2024, that it has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2025. USCIS said that September 18 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2025. “We will reject new cap-subject H-2B petitions we receive after Sept. 18 that request an employment start date before April 1, 2025,” the agency said.
USCIS said it is still accepting H-2B petitions that are exempt from the congressionally mandated cap, including:
- Current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment;
- Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
- Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam from November 28, 2009, until December 31, 2029.
USCIS noted that Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1-March 31) and 33,000 (plus any unused numbers from the first half of the fiscal year) for workers who begin employment in the second half of the fiscal year (April 1-September 30).
USCIS Extends Green Card Validity to 36 Months for Renewals
As of September 10, 2024, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of permanent resident cards (green cards) to 36 months for lawful permanent residents (LPRs) who file Form I-90, Application to Replace Permanent Resident Card. Form I-90 receipt notices had previously provided a 24-month extension.
USCIS has updated the language on Form I-90 receipt notices to extend the validity. The agency said that these receipt notices can be presented with an expired green card “as evidence of continued status and employment authorization.”
Those who no longer have their green cards and need evidence of their LPR status while waiting to receive their replacement green card may request an appointment at a USCIS Field Office via the USCIS Contact Center. In such cases, USCIS may issue an Alien Documentation, Identification, and Telecommunications (ADIT) stamp after the applicant files the Form I-90.
EB-5 Integrity Fund Fee Was Due October 1
The EB-5 Integrity Fund fee for fiscal year 2025 was due October 1, 2024. The annual fee is $20,000 for each designated regional center, except for those with 20 or fewer total investors in the preceding fiscal year in their new commercial enterprises, in which case the annual fee is $10,000.
The fees are used primarily to administer the EB-5 Regional Center Program as required by the EB-5 Reform and Integrity Act of 2022.
OMB Grants DOL’s Emergency Request to Reinstate H-2A Forms
The Office of Management and Budget (OMB) approved through February 2025 the Department of Labor’s (DOL) emergency request, through a general notice, to reinstate prior approved Forms ETA 790, 790A, 790B, and 9142A, which the notice said was necessary to ensure continuity in administering the H-2A program and the Agricultural Recruitment System nationwide.
OMB said, “Within 60 days of this approval, the agency shall initiate revisions.”
Annual Limit Reached in EB-2 Visa Category
On September 9, 2024, the Department of State (DOS) announced the issuance of all available visas in the employment-based second preference (EB-2) visa category for fiscal year (FY) 2024. The annual limit for EB-2 visas was 28.6 percent of the worldwide employment limit. The annual limit reset with the start of FY 2025 on October 1, 2024.
“Maximizing these visas facilitates legitimate travel for individuals with exceptional ability and professionals holding advanced degrees. These individuals bring contributions across many industries that greatly benefit the U.S. economy,” DOS said.
OFLC Announces Revised Transition Schedule for H-2A Job Orders and Technical Guidance Under Farmworker Protection Rule
The Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced a revised transition schedule (scroll to September 10, 2024) for receiving and processing H-2A job orders and Applications for Temporary Employment Certification under the Farmworker Protection Rule, along with other technical guidance.
The updates follow a preliminary injunction in Kansas v. DOL that prohibits DOL from enforcing the Farmworker Protection Rule in the states of Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, and Virginia, and against Miles Berry Farm and members of the Georgia Fruit and Vegetable Growers Association as of August 26, 2024.
DOJ Secures Antidiscrimination Settlement Agreement With Parking Management Company
The Department of Justice (DOJ) announced on September 12, 2024, that it secured a settlement agreement with SP Plus Corporation (SP Plus), a transportation and parking management company based in Chicago. The agreement resolves the DOJ’s determination that SP Plus discriminated against a worker based on her national origin by rejecting a valid document that showed her permission to work and requesting that she provide unnecessary documentation.
The DOJ Civil Rights Division’s Immigrant and Employee Rights Section (IER) concluded that SP Plus discriminated against a Temporary Protected Status (TPS) beneficiary based on her national origin. DOJ noted:
TPS beneficiaries have permission to work in the United States. They can get Employment Authorization Documents [EADs] that show employers their permission to work. Sometimes, the federal government extends these Employment Authorization Documents past the expiration date on the card. Instructions on how an employer can determine if an [EAD] has been extended by the federal government direct employers to look at the document’s category code and date of expiration.
In this case, the IER found that SP Plus unlawfully rejected the worker’s valid, extended EAD because she was born in the Bahamas rather than Haiti, the country through which she has TPS. Under the terms of the settlement, SP Plus will pay a civil penalty and offer reinstatement and back pay to the affected worker, DOJ said. The agreement also requires the company to train its personnel on the antidiscrimination requirements, revise its employment policies, and be subject to departmental monitoring.
California Service Center Relocates; Filing Addresses Updated
The California Service Center (CSC) has moved to a new facility:
USCIS California Service Center
2642 Michelle Drive
Tustin, CA 92780
U.S. Citizenship and Immigration Services (USCIS) said that the CSC has three new post office boxes to intake U.S. Postal Service mail, while UPS, FedEx, DHL, and all other commercial carrier mail will go to CSC’s new facility address. Additional information and links are available via the USCIS alert.
District Court Extends Stay on Keeping Families Together PIP Applications
On September 4, 2024, a Texas District Court issued an order extending the administrative stay preventing U.S. Citizenship and Immigration Services (USCIS) from approving any Keeping Families Together parole-in-place (PIP) applications for an additional 14 days, through September 23. In the meantime, USCIS can continue to accept and review PIP applications but cannot grant parole.
USCIS has said it would continue to accept applications but not grant parole under the program while the stay is in place. USCIS also noted that the district court’s stay “does not affect any applications that were approved before the administrative stay order was issued at 6:46 p.m. Eastern Time on Aug. 26, 2024.” The court set forth a detailed expedited schedule for further court filings up to October 10, 2024, with extensions possible through mid-October, followed by “an expedited hearing on preliminary relief and summary judgment, and if necessary a consolidated bench trial.”
DOS Announces Creation of a Lightering Visa Classification
The U.S. Department of State (DOS) has announced that starting September 5, 2024, the Department will begin implementing two new visa classifications for noncitizens seeking to transit the United States to join a vessel engaged in foreign trade and undertaking lightering activities for a period not to exceed 180 days. Lightering is the ship-to-ship transfer of liquid cargo. The new visa classification permitting transit to join a lightering vessel is the C-4 visa. The new visa classification permitting crewmembers to perform lightering activities is the D-3 visa. Additionally, applicants may be eligible for a combination C-4/D-3 visa. Unlike C-1 and C-1/D visa holders whose stay in the United States cannot exceed 29 days, C-4, D-3, and C-4/D-3 visa holders are allowed to stay in the United States for a period not to exceed 180 days.
CBP Issues Directive on the Handling, Storage, Transference and/or Return of Detainee Personal Property
Customs and Border Protection (CBP) provides a directive, effective August 2024, with additional guidance on its policies regarding the handling, processing, and return of detained individuals’ personal property at CBP short-term holding facilities.
