At Brown Immigration Law, we strive to be your company's partner in growth and innovation, on a global scale. We continue our commitment to demystifying the complex immigration laws of the United States and Canada to provide efficient and effective immigration and global mobility support. Please find this month's business immigration news below.
U.S. BUSINESS IMMIGRATION UPDATES
Biometrics Fee Exemption for I-539 Applicants
As of October 1, 2023, USCIS announced that the agency was suspending the biometrics fee requirement for applications to extend/change nonimmigrant status via form I-539. The Service noted in its announcement that "The biometric services fee exemption will apply to all applicants filing on or after Oct.1, including those applicants filing Form I-539 requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant for whom USCIS had previously suspended the biometrics requirement through Sept. 30, 2023."
5 Year Validity Periods for Employment Authorization Documents
Near the end of September 2023, USCIS updated its policy guidance regarding the maximum validity periods for certain EADs, including those "issued to refugees and asylees, noncitizens paroled as refugees, noncitizens granted withholding of removal, noncitizens with pending applications for asylum or withholding of removal, noncitizens with pending applications for adjustment of status under INA 245, and noncitizens seeking suspension of deportation or cancellation of removal." USCIS has also began to issue advance parole travel documents for those with a pending adjustment of status application for up to a five-year period. We welcome this commonsense update from USCIS and will continue to monitor our clients' status documents to track consistency with this policy update.
ICYMI: Possibility of Government Shutdown Continues
As we previously reported, Congress nearly triggered a government shutdown at the beginning of October. However, instead, Congress passed a temporary stopgap measure, which extended funding for the government until the middle of November. Many news agencies now report that the threat of a government shutdown is highly likely after the ouster of then-Speaker Kevin McCarthy.
As a reminder, government shutdowns can halt work in many agencies, lead to general delays, and a lack of responsiveness as many government employees will be asked not to appear for work if the shutdown occurs. Typically, there are contingency plans in place for essential services, and many agencies have reserve funding, however, the impact is generally far reaching.
From an immigration perspective, during the previous shutdowns (four total that have lasted more than one day), USCIS has continued to operate because it is a fee-generating agency that does not wholly rely on government funding; however, it has operated at reduced staffing numbers which has caused delays, particularly in adjudications. The Department of State is similar, relying partially on revenue from visa application and related fees, but has suspended nonemergency services during shutdowns previously.
The Department of Labor has faced the greatest impact during shutdowns, including a halt on LCA services, and services related to the labor certification process (prevailing wage determinations, PERMs, etc.). Clearly, this can be incredibly disruptive to many processes that we support, which may cause overall delays in agencies that are already facing historic backlogs.
Given the potential for a high-level impact on immigration, we will continue to monitor Congress' negotiations and hope that the appropriations bills are passed to ensure the government continues running. If the shutdown occurs, we will inform our clients of our expectations and advice.
Diversity Visa Lottery Registration Opened
On October 4, 2023, the Department of State opened up registration for the Diversity Visa lottery, which closes November 7, 2023. Results of the lottery are anticipated May 2024. As explained by the DOS, "This program allows people from countries with low U.S. immigration rates, who meet eligibility requirements, to register for a chance to apply for a U.S. immigrant visa. https://dvprogram.state.gov, is the ONLY way to enter. Read the program instructions HERE. This year's Diversity Visa program open season is called "DV2025" because the individuals selected this season must apply for and receive their immigrant visa by September 30, 2025."
If you are interested in learning more, please contact your BIL attorney for an assessment.
November Visa Bulletin
The November Visa Bulletin has been released. For employment-based adjustment of status applicants, USCIS has confirmed that it will continue to accept applications current under the "Dates for Filing" chart. Generally, the visa bulletin remained substantially similar to the October visa bulletin, with movement in the EB-2 Worldwide Final Action Date advancing merely 8 days from the October bulletin to the visa bulletin in November.
CANADIAN BUSINESS IMMIGRATION UPDATES
Express Entry
Express Entry is the primary system for managing immigration in Canada. Individuals (Express Entry candidates) become eligible based on three federal immigration programs: the Federal Skilled Worker Program (FSWP); Canadian Experience Class (CEC); and Federal Skilled Trades Program (FSWP). Once they are eligible and their Express Entry profile is created, individuals are entered into a pool of candidates.
In addition to being eligible for Express Entry, candidates must be competitive to receive an Invitation to Apply (ITA) for permanent residence. Express Entry candidates are assigned Comprehensive Ranking Score (CRS) points based on criteria such as their age, education, work experience etc. Generally, the Government periodically reviews the pool of Express Entry candidates and invites the highest-ranking individuals to apply.
Over the last four weeks, Canada issued 12, 205 Invitations to Apply (ITA) for permanent residence (PR) under Express Entry. Please see below for a high-level summary:
- IRCC held three general draws, inviting 9,925 Express Entry candidates; the cut-off score for each round of invitation was 531, 504 and 504 respectively.
- IRCC held one targeted draw for individuals proficient in French, inviting 500 Express Entry candidates; the cut-off score was 472.
- IRCC held its first targeted draws for individuals in certain agriculture and agri-food occupations, inviting 600 Express Entry candidates; the cut-off score was 354.
- IRCC also held its first targeted draws for individuals in certain transportation occupations, inviting 1,000 Express Entry candidates; the cut-off score was 435.
If you have any questions about Express Entry, Permanent Residency, or any Canadian immigration programs, please contact us to schedule a consultation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.