Annual Limit Reached in Employment-Based Categories

Department of State (DOS) announced that it has issued all available visas for the  (EB-1) EB-2, EB-3, EW (Other Workers), (EB-4) and unreserved EB-5 categories.

Impact: All referenced Immigrant Visas for fiscal year 2024 have been issued so employers may experience delays in visa issuance for these categories until the new fiscal year begins on October 1, 2024.

October 2024 Visa Bulletin Quota Reset

The Department of State released the first Visa Bulletin of the 2025 Fiscal Year. There was generally modest movement in all Employment Based green card categories, final action dates for EB-3 worldwide advanced and EB-3 Filing Dates for India advanced while retrogressing for China. USCIS has announced that the Filing chart should be used for October.

Impact: Employers should review the Visa Bulletin and ensure that Adjustment of Status cases are being prepared based on the filing chart where applicable.

OFLC Announces Delay in Transition Schedule for H-2A Applications and Job Orders Under 2024 Farmworker Protection Final Rule

On August 26, 2024, a District Court in Georgia issued a preliminary injunction blocking the Department of Labor (DOL) from enforcing the Farmworker Protection Rule in 17 states and for certain entities. Until further notice, OFLC will continue processing H-2A job orders and applications based on the previous regulations, with a revised transition schedule to be announced later.

Impact: Employers in affected states will continue to operate under the older regulations, possibly affecting their compliance processes and administrative procedures related to hiring foreign agricultural workers.

OFLC Releases Public Disclosure Data, Selected Program Statistics, H-2B Foreign Labor Recruiter List for Q3 of FY 2024

The Department of Labor’s Office of Foreign Labor Certification (OFLC) has released new data and information, including comprehensive public disclosure files through Q3 of FY 2024. These files cover employer applications for prevailing wage determinations and labor certifications across various programs such as PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage for the period from October 1, 2023, to June 30, 2024.

Impact: This release provides transparency into H-1B and PERM related DOL processes. Employers may better understand trends in these programs, which can aid in strategic planning and compliance.

E-Verify Employers Should Not Create a Case for Re-Paroled Ukrainian Employees, USCIS Says; Additional Guidance Released

On August 5, 2024, USCIS updated its policy for Ukrainian employees with parole, instructing E-Verify employers not to create cases for re-paroled employees unless they are newly hired. USCIS advised that approved re-parolees should print their electronic Form I-94 from the CBP website. This document, showing a class of admission of “UHP” and an entry date before September 30, 2024, is acceptable for identity and employment authorization for up to 90 days and should be used during the hiring process or reverification on Form I-9. USCIS also reminded employers about the employment authorization status of these Ukrainian parolees and their families.

Impact: This update is significant for employers as it clarifies the procedures for handling employment verification for Ukrainian employees under re-parole. Employers need to ensure they follow the new guidelines, especially regarding the use of Form I-94 for newly hired or reverified employees.

USCIS Provides Fact Sheet on STEM Petition Trends in EB-2 and O-1A Categories

USCIS has released a fact sheet detailing trends in STEM-related petition categories (EB-2 and O-1A) from fiscal years 2018 to 2023. The data reveals a rise in EB-2 petitions and National Interest Waiver (NIW) usage, as well as increased O-1A petition receipts in fiscal years 2022 and 2023, following a policy update in January 2022. This update clarified eligibility criteria for the NIW in EB-2 status and the O-1A visa for individuals with extraordinary ability, contributing to the observed increases in petition filings.

Impact:  Increased EB-2 NIW filings may lead to further per country Immigrant Visa backlogs in that category.  Due to the surge in O-1 and NIW filings, USCIS may need to allocate resources to process those cases.