Updates
There is currently no concrete information available regarding what the Trump Administration’s agenda will actually look like as it relates to business immigration during his second term. However, based on his actions during his prior administration, as well as statements made by him and his advisors, we are able to speculate on some of the potential impacts the change in administration may have on employment based immigration.
Read MoreUSCIS released its regulatory agenda for the coming months, which included plans to publish a final rule that would implement the second phase of the H-1B modernization plan initiated last year, among other immigration agency rulemaking priorities and timelines for the coming months. While the regulatory agenda reveals the Biden Administration’s agency priorities, the normal rulemaking process takes at least several months, and following the administration change on January 20, 2025, federal agencies under the new administration may decline to pursue proposed rules, suspend implementation of newly issued final rules, or even seek to vacate rules. While the implementation and lasting power of rules included in the Biden Administration’s plans are uncertain, some of these plans may remain on course, especially where they align with the incoming administration’s interests.
Read MoreThe U.S. Department of Homeland Security (DHS) has introduced a final regulation that contains significant changes to the H-1B visa program, which governs the entry of foreign specialty workers into the U.S. The overhaul, aimed at modernizing and improving the program, was first proposed in October 2023, with portions already in effect since March 2024.
Read MoreThe Department of Homeland Security (DHS) will make permanent the automatic work authorization extension of up to 540 days for certain applicants renewing their Employment Authorization Document (EAD). Previously, this extension was temporary, first increased from 180 days to 540 days in May 2022 for renewal applications filed before October 26, 2023, and then extended again for applications filed before September 30, 2025. A new regulation, set to be published on December 13, 2024, and effective January 13, 2025, will make the 540-day extension permanent for eligible EAD renewal applicants. This is a positive step, as codifying the extension into regulations will make it harder for future administrations to reduce it. Without this increased automatic extension, delays in EAD processing could increase the risk of gaps in employment authorization for pending EAD extensions.
Read MoreThis week the Department of State (DOS) issued a revised Exchange Visitor Skills List, removing a large number of countries, including China and India, thus impacting which J nonimmigrant exchange visitors are subject to the two-year home residency requirement.
Read MoreThe Department of State has released the January 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In January 2025, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in January 2025, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.
The EB-1 Final Action Date for India will remain at February 1, 2022, and the Final Action Date for China will remain at November 8, 2022. All other countries will remain current.
The EB-2 Final Action Date for India will advance by two months to October 1, 2012 and China will advance by one month to April 22, 2020. All other countries will advance by two weeks to April 1, 2023.
The EB-3 Professional/Skilled Worker Final Action Date for India will advance by three weeks to December 1, 2012, while China will advance by two months to June 1, 2020. All other countries will advance by two weeks to December 1, 2022.
In the fourth preference category EB-4, Minister and Non-Minister Religious Workers Program is set to expire on December 20, 2024. If Congress doesn't take any action to extend the dates beyond that date, the category will become “unavailable” after midnight on December 19. The Final Action Dates for all other EB-4 will remain at January 1, 2021 for all countries.
With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at January 1, 2022, while China will remain at July 15, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.
We note again that USCIS will accept adjustment of status applications under the Dates for Filing chart in January 2025. In order to be eligible to file an employment-based adjustment of status application, foreign nationals must have a priority date that is earlier than the Dates for Filing listed below:
EB-1
China: January 1, 2023
India: April 15, 2021
All Other Countries: Current
EB-2
China: October 1, 2020
India: January 1, 2013
All Other Countries: August 1, 2023
EB-3 Professionals and Skilled Workers
China: November 15, 2020
India: June 8, 2013
All Other Countries: March 1, 2023
EB-3 Other Workers
China: January 1, 2018
India: June 8, 2013
All Other Countries: May 22, 2021
EB-4
All Countries: February 1, 2021
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: October 1, 2016
India: April 1, 2022
All Other Countries: Current
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries
USCIS now requires certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, at the same time. If this form is not included, the Form I-485 may be rejected.
Applicants must undergo an immigration medical examination by a USCIS Civil Surgeon and show they have received all required vaccinations. The completed Form I-693 must demonstrate that the applicant is free from health conditions that could make them inadmissible to the U.S. due to health issues.
Previously, applicants could submit Form I-693 in response to a Request for Evidence (RFE) or at their immigration interview. Under the new rule, Form I-693 must be submitted with Form I-485 to streamline the review process and reduce RFEs.
The Department of State has released the December 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In December 2024, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in December 2024, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.
Read MoreThe Department of State has released the November 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In November 2024, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in November 2024, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.
The EB-1 Final Action Date for India will remain at February 1, 2022, and the Final Action Date for China will remain at November 8, 2022. All other countries will remain current.
The EB-2 Final Action Date for India will remain at July 15, 2012 and China will remain at March 22, 2020. All other countries will remain at March 15, 2023.
The EB-3 Professional/Skilled Worker Final Action Date for India will remain at November 1, 2012, while China will remain at April 1, 2020. All other countries will remain at November 15, 2020.
The Final Action Dates for all EB-4 will remain at January 1, 2021 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at January 1, 2022, while China will remain at July 15, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.
We note again that USCIS will accept adjustment of status applications under the Dates for Filing chart in November 2024. In order to be eligible to file an employment-based adjustment of status application, foreign nationals must have a priority date that is earlier than the Dates for Filing listed below:
EB-1
China: January 1, 2023
India: April 15, 2021
All Other Countries: Current
EB-2
China: October 1, 2020
India: January 1, 2013
All Other Countries: August 1, 2023
EB-3 Professionals and Skilled Workers
China: November 15, 2020
India: June 8, 2013
All Other Countries: March 1, 2023
EB-3 Other Workers
China: January 1, 2018
India: June 8, 2013
All Other Countries: May 22, 2021
EB-4
All Countries: February 1, 2021
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: October 1, 2016
India: April 1, 2022
All Other Countries: Current
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries
What’s Happening
Registration for the 2025 fiscal year’s (FY 2026) Diversity Visa Lottery opens October 2, 2024 at 12 noon ET and closes at 12 noon ET on November 5, 2024. During this window, the State Department will be accepting online registrations for the Diversity Visa Lottery.
Read MoreAs of September 10, 2024, USCIS has automatically extended the validity of Green Cards to 36 months (increased from the previous 24 months) for lawful permanent residents who properly file Form I-90, Application to Replace Permanent Resident Card when they have an expiring or expired green card.
USCIS has updated the language on Form I-90 receipt notices to extend the validity of a Green Card for 36 months from the expiration date stated on the current Green Card. These receipt notices can be presented with an expired Green Card as evidence of continued status and employment authorization. The extension is intended to provide applicants experiencing longer processing times with proof of lawful permanent resident status while they wait for their renewed Green Card.
Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the Green Card validity extension for renewals may apply to your specific circumstances, please contact your team at D&S.
The Department of State has released the October 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In September 2024, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in October 2024, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.
The EB-1 Final Action Date for India will remain at February 1, 2022, and the Final Action Date for China will advance by one week to November 8, 2022. All other countries will remain current.
The EB-2 Final Action Date for India will remain at July 15, 2012 and China will advance by three weeks to March 22, 2020. All other countries will remain at March 15, 2023.
The EB-3 Professional/Skilled Worker Final Action Date for India will advance by one week to November 1, 2012, while China will retrogress by five months to April 1, 2020. All other countries will advance by almost two years to November 15, 2020.
In the fourth preference category EB-4, Minister and Non-Minister Religious Workers Program is set to expire on September 30, 2024. If Congress doesn't take any action to extend the dates beyond that date, the category will become “unavailable” after midnight on September 29. The Final Action Dates for all other EB-4 will remain at January 1, 2021 for all countries.
With respect to the Final Action Date for the EB-5 Unreserved categories, India will advance by just over a year to January 1, 2022, while China will advance by seven months to July 15, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.
We note again that USCIS will accept adjustment of status applications under the Dates for Filing chart in October 2024. In order to be eligible to file an employment-based adjustment of status application, foreign nationals must have a priority date that is earlier than the Dates for Filing listed below:
EB-1
China: January 1, 2023
India: April 15, 2021
All Other Countries: Current
EB-2
China: October 1, 2020
India: January 1, 2013
All Other Countries: August 1, 2023
EB-3 Professionals and Skilled Workers
China: November 15, 2020
India: June 8, 2013
All Other Countries: March 1, 2023
EB-3 Other Workers
China: January 1, 2018
India: June 1, 2013
All Other Countries: May 22, 2021
EB-4
All Countries: February 1, 2021
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: October 1, 2016
India: April 1, 2022
All Other Countries: Current
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries
USCIS issued policy guidance clarifying when F-1 students with a degree in a Science, Technology, Engineering, and Mathematics (STEM) field may be eligible for a 24-month optional practical training (OPT) extension. Namely, the update clarifies guidance related to online study, school transfers, the grace period, and study abroad.
Read MoreThe Department of State has released the September 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In September 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in September 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.
The EB-1 Final Action Date for India will remain at February 1, 2022, and the Final Action Date for China will remain at November 1, 2022. All other countries will remain current.
The EB-2 Final Action Date for India will remain at July 15, 2012 and China will remain at March 1, 2020. All other countries will remain at March 15, 2023.
The EB-3 Professional/Skilled Worker Final Action Date for India will remain at October 22, 2012, while China will remain at September 1, 2020. All other countries will retrogress by one year to December 1, 2020.
The Final Action Dates for all EB-4 will remain at January 1, 2021 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.
The State Department anticipates that the worldwide Final Action Dates for EB-3 will advance in the October 2024 Visa Bulletin.
Today, the United States Citizenship and Immigration Service (USCIS) announced that they did not receive a sufficient number of submissions in the March 2024 lottery to meet the annual H-1B quota for Fiscal Year 2025 and will therefore run a second H-1B lottery of the unselected electronic registrations previously submitted. The Agency has indicated that the second selection process will begin "soon" and that they will notify prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the selected registration once the lottery has been conducted.
While USCIS will not be conducting a second selection for the advanced degree exemption (the master’s cap), the second round of selection for the regular cap will include previously submitted registrations that indicated eligibility for the master’s cap along with those that indicated only eligibility for the regular cap.
D&S will closely monitor the progress of the second lottery and will continue to provide updates once USCIS announces that they have completed this second process of selections and notifications.
Update: USCIS has announced that as of today, August 5, 2024, the second H-1B cap lottery has been completed and the agency has now selected a sufficient number of registrations to reach the FY2025 regular H-1B cap and has notified all selected registrations.
The Department of State has released the August 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In August 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in August 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.
The EB-1 Final Action Date for India will remain at February 1, 2022, and the Final Action Date for China will remain at November 1, 2022. All other countries will remain current.
The EB-2 Final Action Date for India will remain at June 15, 2021 and China will remain at March 1, 2020. All other countries will remain at March 15, 2023.
The EB-3 Professional/Skilled Worker Final Action Date for India will advance by one month to October 22, 2012, while China will remain at September 1, 2020. All other countries will remain at December 1, 2021.
The Final Action Dates for all EB-4 will remain at January 1, 2021 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.
The State Department projects that the worldwide Final Action Dates for EB-3 will likely retrogress or become unavailable in the September 2024 Visa Bulletin.
On June 17, 2024, the Department of Homeland Security (DHS) announced certain actions to promote family unity in the immigration process, echoed by the White House on June 18. The White House and DHS’s announcements offer preliminary information on two new programs: a new pathway for undocumented spouses of U.S. citizens to obtain permanent residence, and a program to ease the employment visa process for DACA recipients who have a U.S. degree and a job offer.
Under current law, in order to apply for a green card, many undocumented spouses of U.S. citizens must first depart the United States and wait to be processed abroad. The new program would establish a process for eligible individuals to be able to apply for a green card without having to leave the United States, allowing DHS to consider requests for certain undocumented spouses of U.S. citizens who: have lived in the United States for at least 10 years; do not pose a threat to public safety or national security; are otherwise eligible to apply for adjustment of status; and merit a favorable exercise of discretion.
To be eligible for the new program, an individual must:
Be present in the United States without admission or parole;
Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
In addition, undocumented children of potential requestors may be eligible if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024. DHS estimates that about 500,000 undocumented spouses of U.S. citizens could be eligible for the new process, as well as about 50,000 children of these spouses. DHS will consider requests from eligible individuals on a case-by-case basis.
In addition, DHS and the Department of State (DOS) will join efforts to facilitate certain employment-based nonimmigrant visas for DACA recipients and other Dreamers who have earned a U.S. degree and who have received a job offer from a U.S. employer in a field related to their degree. The White House and DHS announcements will allow these individuals to more quickly receive work visas, like H-1B visas and others.
Further information on the new programs and application processes is expected in the coming weeks. D&S is closely monitoring and will provide updates as they become available.
Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the White House and DHS announcements may affect your specific circumstances, please contact your team at D&S.
The Department of State has released the July 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In July 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in July 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.
The EB-1 Final Action Date for India will advance by eleven months to February 1, 2022, and the Final Action Date for China will advance by two months to November 1, 2022. All other countries will remain current.
The EB-2 Final Action Date for India will advance by two months to June 15, 2021 and China will advance by one month to March 1, 2020. All other countries will advance by two months to March 15, 2023.
The EB-3 Professional/Skilled Worker Final Action Date for India will advance by one month to September 22, 2012, while China will remain at September 1, 2020. All other countries will retrogress by eleven months and three weeks to December 1, 2021.
The Final Action Dates for all EB-4 will advance by two months to January 1, 2021 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.
The State Department projects that the worldwide Final Action Dates for EB-3 will likely retrogress further or become unavailable in the August 2024 Visa Bulletin.
The Department of State has released the June 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In June 2024, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart. To be eligible to file an adjustment of status application in June 2024, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.
The EB-1 Final Action Date India will remain at March 1, 2021, and the Final Action Date for China will remain at September 1, 2022. All other countries will remain current.
The EB-2 Final Action Date for India will remain at April 15, 2021 and China will remain at February 1, 2020. All other countries will remain at January 15, 2023.
The EB-3 Professional/Skilled Worker Final Action Date for India will advance by one week to August 22, 2012, while China will remain at September 1, 2020. All other countries will remain at November 22, 2022.
The Final Action Dates for all EB-4 will remain at November 1, 2020 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at December 1, 2020, while China will remain at December 15, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.
The State Department projects that the worldwide Final Action Dates for EB-2 and EB-3 will most likely retrogress in the July 2024 Visa Bulletin.
The State Department (DOS) will release the winners of the FY 2025 Diversity Visa Lottery tomorrow, May 4, 2024, starting at noon ET. Foreign nationals who entered the lottery must check the DOS’s official website to learn whether they were selected to apply for a diversity visa—the DOS will not send direct notifications to lottery winners.
Read MoreD&S is a boutique business immigration law firm specializing in assisting entrepreneurs, start-ups, small businesses, and creative companies with their immigration needs. D&S services clients in all industries from art, architecture, and graphic design to business, finance, and technology. D&S partners with each client to provide tailored, attorney-driven service that meets each client's individual needs and future goals.
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