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The U.S. State Department released the December Visa Bulletin. Filings for employment-based preference categories must use the Dates for Filing chart for December 2024 which will remain the same as last month and shows no advancement for EB-1/EB-2/EB-3. Final Action Dates for India EB-2/EB-3 show some advancement.
Final Action Dates and Dates for Filing Movement:
EB-1
EB-2
EB-3
Final Action Dates for Employment-Based Preference Cases
Dates for Filing of Employment-Based Visa Applications
This alert has been provided by the BAL U.S. Practice Group.
Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
U.S. Citizenship and Immigration Services announced that immigration medical examination documentation for certain Afghan nationals who arrived in the United States during Operation Allies Welcome (OAW) is valid indefinitely.
Key Points:
Additional Information: Further information about this updated guidance is available here.
The Department of Homeland Security announced on Nov. 8 that Belize is one of more than 80 countries eligible to participate in the H-2A and H-2B seasonal worker programs for the coming year.
Additional Information: In 2018, Belize was removed from the H-2A and H-2B eligible countries list because it neither met the standards nor made significant efforts to meet the standards of the TVPA. DHS published the first lists of eligible countries for the H-2A and H-2B visa programs in December 2008.
A federal judge in Texas ruled against the Keeping Families Together program, determining that the policy violates U.S. immigration law.
Additional Information: A White House spokesperson stated, “We strongly disagree with yesterday’s rulings and we are evaluating next steps.”
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing Times: As of Nov. 1, 2024, the department was adjudicating PERM applications filed in August 2023 and earlier, conducting audit reviews on applications filed in December 2022 and earlier, and reviewing appeals for reconsideration filed in June 2024 and earlier.
Average Number of Days to Process PERM Applications:
PWD Processing Times: As of Nov. 1, the National Prevailing Wage Center was processing PWD requests filed in April 2024 and earlier for H-1B OEWS and non-OEWS cases, and April 2024 and earlier for PERM OEWS cases. For PERM non-OEWS cases, the department was processing requests filed in May 2024 and earlier.
Redeterminations were being considered on appeals filed in June 2024 and earlier for H-1B and PERM cases.
Center Director Reviews were being conducted for H-1B cases filed in January 2024 and earlier, and PERM cases filed in March 2024 and earlier.
BAL Analysis: Our data aligns with DOL’s recent report. Additionally, we are starting to see PERM OEWS cases filed in May 2024.
U.S. Citizenship and Immigration Services approved a new immigration-related credentialing organization for certain healthcare workers.
Additional Information: The Immigration and Nationality Act and Department of Homeland Security regulations require individuals who seek immigrant or nonimmigrant visas in the U.S. for the purpose of working in certain healthcare occupations earn a certificate from an authorized credentialing organization.
On Dec. 1, 2024, the Office of Foreign Labor Certification (OFLC) will fully decommission the legacy Permanent Online System.
Additional Information: The FLAG System was implemented to replace the legacy Permanent Online System, improve customer service and modernize the administration of foreign labor certification programs.
In January 2024, two decades after the 9/11 terrorist attacks led to the discontinuance of domestic nonimmigrant visa renewals, the U.S. Department of State conducted a domestic visa renewal pilot program. The limited-time initiative allowed certain H-1B visas to be renewed in the U.S. instead of in a foreign country. The pilot program was used to assess the viability of a domestic visa renewal program and its efficacy in reducing visa wait times.
From Jan. 24, 2024, until April 1, 2024, certain H-1B visa holders were able to apply to renew their H-1B visa in the U.S. Prior to the pilot, BAL created a pre-assessment questionnaire to help applicants determine whether they might qualify to participate in the pilot. The State Department also released its own pre-assessment questionnaire on travel.state.gov.
Reaction to the program was largely positive, with experiences exceeding expectations related to timing and ease of participation. BAL subsequently provided program feedback, as did the American Immigration Lawyers Association, including recommendations for program improvements, expansion and permanence.
Although the Visa Office has indicated that it is actively pursuing a broader, long-term program to provide domestic visa renewals, it does not anticipate being able to launch a program until 2025. The result of the 2024 presidential election may change the program’s trajectory entirely.
Under the current Biden administration, the government plans to implement a domestic visa renewal program, with a program launch expected in 2025. The program would include H-1B visa holders who were not originally included in the pilot (e.g., someone whose H-1B visa was issued somewhere other than in Canada or India). Moreover, unlike the pilot, family members on H-4 visas would be eligible to apply for domestic visa renewal. The program is also expected to include other visa categories. (Note: Current regulations already permit the government to issue E, H, I, L, O or P visas in the U.S., so the Visa Office can expand domestic renewal to all of these categories without changing its regulations.)
If Vice President Kamala Harris is elected, the government will likely continue to move forward with its plans to create a domestic visa renewal program, though it is unclear if any particular visa categories or other visa policies may be prioritized over others.
If former President Trump is elected, the future of the domestic visa renewal program may be in jeopardy. During the prior Trump administration, the government limited interview waiver authorities, requiring visa applicants to be interviewed at a U.S. embassy or consulate for visa renewal. As any domestic visa renewal program requires the individual to qualify for interview waiver, should Trump return to office, the program may never get off the ground — at least for another four years.
Whether the Biden administration tries to push domestic visa renewal forward before inauguration is not known. If they do, and if the program is operational before President Biden’s term officially ends, dismantling it might prove difficult for the next administration, as businesses would surely apply a great deal of pressure to keep the program in place. If a domestic visa renewal program isn’t in place prior to the 2025 inauguration, it is unlikely that a second Trump administration would revive it — even if all planning and details were already in place and an announcement were imminent.
BAL sees three challenges that need to be overcome before a new domestic visa renewal program could successfully be implemented:
Due to the election, any projected timeline in connection with the current administration’s plan for a domestic visa renewal program is up in the air. Should the government move forward with implementing a new domestic visa renewal program in 2025, BAL expects that some of the eligibility criteria for visa renewals would be similar to that of interview waiver applicants applying for visas abroad and the pilot criteria, with some exceptions. For example, during the pilot, applications and materials had to be submitted to the Visa Office within a specific period, whereas in a new program, applicants should be able to apply whenever the need would arise.
Criteria limiting visas issued within a certain time frame and at certain consular posts also is unlikely to apply. The State Department may not immediately open the program to all eligible visa classes but may gradually add applicants over time.
To get the latest updates on domestic visa renewals, immigration news and more expert analysis, subscribe to BAL’s newsletter.
Secretary of State Antony J. Blinken announced that the U.S. State Department issued a record-breaking 11.5 million visas in fiscal year 2024.
Additional Information: Secretary Blinken also stated that a record-setting 24.5 million U.S. passport books and cards were issued in FY 2024, half a million more than in FY 2023, and that passport wait times continue to trend down, currently now at just 4-6 weeks.
The State Department issued a correction of the Diversity Visa (DV) 2026 Federal Register notice.
Additional Information: The Diversity Visa Program offers up to 55,000 immigrant visas each year to individuals from countries with low rates of immigration to the United States. Further information is available here.