Immigration Update August 2024
In this edition, find the latest news on a Second H-1B Lottery, the Visa Bulletin, STEM Degrees added to Program List, and much more!
Second H-1B Lottery Selection Just Announced
On July 30, 2024, USCIS announced that it will conduct a second round of the H-1B cap lottery. After initial selection in March, USCIS recently determined that it would need to select additional registrations for unique beneficiaries to reach the FY2025 regular cap numerical allocation. Master’s cap but the regular cap has not. The second random selection will include registrations submitted in March 2024. While USCIS is including those registrations that indicated eligibility for both the master’s cap and the regular cap, selected registrations will be counted under the regular cap. Once the lottery selection is completed, USCIS will make an announcement.
Impact: Employers should expect the random selection to be conducted soon by USCIS. USCIS will notify petitioners and their attorneys of selections and status may be checked using USCIS online accounts. If selected, petitioners will have 90 days to file the H-1B petition. The first day of H-1B cap eligibility is October 1st.
Visa Bulletin: No Further Retrogression in EB-3 Category for August
The Department of State’s Visa Bulletin for August 2024 shows no further retrogression in the EB-3 visa category following retrogression in July.
Impact: Most EB-3 green cards may not be filed or acted on until October 1st.
Additional STEM Designated Degrees added to Program List
Immigration and Customs Enforcement (ICE) added the category of Environmental/Natural Resources Economics (03.0204) to the DHS STEM Designated Degree Program List. No CIP codes or fields of study have been removed from the list as part of this update. The notice was published on 07/23/2024 in the Federal Register.
Impact: The amendment expands opportunities for F-1 training and H-1B cap-gap relief for international students with STEM degrees.
On June 18, 2024, the U.S. Department of Homeland Security (DHS) announced actions to promote family unity in the immigration process, protecting approximately half a million spouses of U.S. citizens and approximately 50,000 noncitizen stepchildren under the age of 21 whose parents are married to U.S. citizens.
Timeline: USCIS will begin accepting applications on August 19, 2024. Applications submitted before this date will be rejected.
Impact: This means that potentially tens of thousands of people would be newly authorized to work.
Easing the Work Visa Process for Undocumented College Graduates and DACA Recipients
On June 18, 2024, the Biden administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college in the United States and have a job offer.
Impact: DACA recipients and others who meet the requirements could secure work visas (H-1B, L-1) via waivers at U.S. consulates.
See: Corporate & Counsel Interlude: Employer Impact Statement on Parole and DACA/Dreamer Executive Order.
Easing the Work Visa Process for Undocumented College Graduates and DACA Recipients
On June 18, 2024, the Biden administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college in the United States and have a job offer.
Impact: DACA recipients and others who meet the requirements could secure work visas (H-1B, L-1) via waivers at U.S. consulates.
See: Corporate & Counsel Interlude: Employer Impact Statement on Parole and DACA/Dreamer Executive Order.
USCIS Issues New Policy Guidance on Noncompliance With EB-5 Regional Center Program
U.S. Citizenship and Immigration Services (USCIS) has issued new policy guidance, effective immediately, on consequences for noncompliance with the EB-5 regional center program. This includes sanctions, terminations, debarments, and suspensions for non-compliant entities and individuals.
Impact: Guidance interprets provisions related to sanctions for regional centers and other entities. Special considerations for good-faith pre-RIA investors to retain eligibility under INA sec. 203(b)(5)(M).
USCIS Publishes FAQs on H-1B Nonimmigrant Status
USCIS released FAQs addressing common questions for individuals in H-1B status, including applying for lawful permanent resident status, job changes, international travel, and dependent family members. Eligible H-1B workers can change employers upon filing a nonfrivolous petition. USCIS will not revoke a Form I-140 petition approval solely due to termination of the petitioner’s business or the employer’s withdrawal, as long as the petition has been approved for at least 180 days or the associated adjustment of status application has been pending for at least 180 days, and the petition approval is not revoked on other grounds. In this scenario, the H-1B worker would retain their priority date. Several actions can be taken to remain in authorized stay beyond 60 days after employment termination.
Impact: Clarification of H-1B flexibility may increase job changes.
TPS Extended and Redesignated for Somalia; Work Authorization for F-1 Nonimmigrant Students from Somalia Announced
DHS announced the extension and redesignation of Somalia for Temporary Protected Status (TPS) from September 18, 2024, to March 17, 2026. Additionally, work authorization relief is available for F-1 students from Somalia. Impact: Employers will be able to employ and continue to employ eligible TPS recipients.
USCIS Updates Public Information on International Entrepreneur Rule
USCIS updated its public information on the International Entrepreneur Rule (IER). The rule allows DHS to grant parole (a period of authorized stay) to noncitizen entrepreneurs who demonstrate significant public benefit through their business ventures.
Impact: Under the rule, entrepreneurs granted parole are eligible to work only for their start-up business. The spouse and children of the noncitizen entrepreneur may also be eligible for parole, USCIS noted.
DHS Increased Penalties for I-9 Violations
Effective June 28, 2024, the United States Department of Homeland Security is imposing higher fines for employers that fail to comply with Form I-9 (Employment Eligibility Verification) rules. New civil penalties include the following, among others:
- Form I-9 Paperwork Violations: $281 to $2,789 per I-9
- Knowingly hiring, recruiting, referral, or retention of unauthorized individuals:
- First Offense: $698 to $5,579 per violation
- Second Offense: $5,579 to $13,946 per violation
- Third or Subsequent Offense: $8,369 to $27,894 per violation
Impact: Employers should regularly review internal I-9 procedures, train employees handling I-9 compliance, and conduct periodic internal audits to avoid increased fines.
