Visa Bulletin for November 2024

DOS has posted the November 2024 visa bulletin. USCIS determined that for November 2024, applicants in all family-sponsored preference categories and all employment-based preference categories must use the Dates for Filing chart.

Impact: Employers should follow USCIS instruction that for November 2024, all employment-based visa applicants must use the “Dates for Filing” chart for their Adjustment of Status Application.

USCIS Reaches H-2B Cap for First Half of FY 2025

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 the fiscal year 2025, and will reject new cap-subject H-2B petitions received after Sept. 18 that request an employment start date before April 1, 2025, except for the H-2B petitions that are exempt from the congressionally mandated cap.

Impact: The early reaching of the H-2B visa cap for the first half of FY 2025 limits employers’ access to foreign seasonal labor, potentially increasing labor costs, competition for domestic workers, and operational disruptions.

USCIS Extends Green Card Validity to 36 Months for Renewals

Effective Sept. 10, 2024, USCIS extends the validity of permanent resident cards to 36 months for lawful permanent residents (LPR) who properly file Form I-90, Application to Replace Permanent Resident Card. Form I-90 receipt notices are updated with the language of 36

months extension and 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 obtain an Alien Documentation, Identification, and Telecommunications (ADIT) stamp at a USCIS Field Office.

Impact: The USCIS extension of green card validity to 36 months for renewals helps employers by reducing the uncertainty and administrative burden of managing employees’ work authorization status during the renewal process.

Work Authorization Procedures Announced for Liberians Covered by DED

On September 23, 2024, 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.

Impact: The announcement of work authorization procedures for Liberians covered by DED provides employers with a clear process to retain eligible Liberian employees, ensuring continued legal employment and mitigating workforce disruptions.

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. For more information, please see DV-2026 Program Instructions.

Impact: The opening of the FY 2026 Diversity Visa Program application period offers employers potential access to a new pool of international talent who may become eligible for U.S. employment through permanent residency.

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, which 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.

Nonprofit organizations whose use of special immigrant religious workers furthers the cultural or social interests of the United States may request expedited processing.

Impact: The extension of the Special Immigrant Religious Worker Program allows employers in religious organizations to continue recruiting and retaining foreign religious workers, ensuring uninterrupted staffing for religious services and community support.

USCIS Issues New Guidance on EB-1 ‘Extraordinary Ability’ Eligibility Criteria

On October 2, 2024, 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. According to the updated policy guidance, 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 and past memberships under the membership criterion will be taken into consideration. The new guidance is anticipated to build 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.”

Impact: The new USCIS guidance on EB-1 ‘Extraordinary Ability’ eligibility criteria appears to provide more specific guidance in terms of what evidence will be considered and provides employers with clearer standards for hiring highly talented foreign individuals, potentially simplifying the process of securing top-tier international talent.