U.S. Immigration News – Monthly Review: June 2024
OFLC: FLCDataCenter.com website to be discontinued July 1, 2024
- The Office of Foreign Labor Certification (OFLC) has announced that the website, FLCDataCenter.com will be discontinued effective July 1, 2024.
- On July 1, 2024, prevailing wage data from the Occupational Employment and Wage Statistics Survey will be available through the OFLC Wage Search tool, which can be accessed via the FLAG website (https://flag.dol.gov/wage-data/wage-search
E-Verify and SAVE to get increased login security
- S. Citizenship and Immigration Services (USCIS) announced that login security will be enhanced for E-Verify and Systematic Alien Verification for Entitlements (SAVE) later this year, when users will begin logging into E-Verify or SAVE using Login.gov.
- USCIS said that enhancing these processes will help prevent unauthorized account access and minimize risk due to human error, misplaced passwords, or lost devices.
SOURCE: U.S. Department of Homeland Security, E-Verify: https://www.e-verify.gov/about-e-verify/whats-new/coming-soon-e-verify-is-enhancing-security-for-account-login
USCIS updates E-Verify website address and USCIS email address (white text)
- The US Citizenship and Immigration Services changed the website login link for E-Verify and updated its email address.
- Effective June 25, the new login page for E-Verify is everify.uscis.gov.
- USCIS' new email address is uscis@messages.dhs.gov
DOS launches pilot test of online passport renewal system
- In mid-June, DOS also quietly launched a beta test of its new online passport renewal system.
- The beta program will allow a limited number of eligible US citizens to start their application at 1:00 p.m. each day. DOS intends to restrict the number of applications for the next several months to monitor the renewal plan's performance.
- The website for the beta program is Renew my Passport Online (state.gov). The website explains the eligibility requirements and provides all steps for renewing passports online.
- Those who renew online will not have to physically mail their old passport to the State Department, as those renewing via mail do, and they will be able to upload a digital passport photo.
- Processing times are expected to be in the six- to eight-week range—the existing standard for passport renewals—and those seeking expedited service (a two- to three-week turnaround time with an extra fee) are not eligible to apply online.
SOURCE: U.S. Department of State: https://travel.state.gov/content/travel/en/passports/have-passport/renew-online.html
DOS: Biden Administration easing nonimmigrant visa process for U.S. college graduates
- On June 18, 2024, the Biden-Harris Administration announced actions to facilitate employment-based nonimmigrant visas more efficiently for those who have graduated from college in the United States and have a job offer.
- Individuals who have earned a degree at an accredited U.S. institution of higher education in the United States, and who have received an offer of employment from a U.S. employer in a field related to their degree, will be able to receive work visas more quickly.
- This initiative will allow certain individuals to receive nonimmigrant work visas more quickly if they are deemed eligible.
- The Department of State (DOS) will clarify existing guidance to consular officers related to when they should consider recommending that DHS grant a waiver of ineligibility, where applicable.
SOURCE: The White House. "FACT SHEET: President Biden Announces New Actions to Keep Families Together," June 18, 2024: https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/18/fact-sheet-president-biden-announces-new-actions-to-keep-families-together/U.S. Department of State, June 18, 2024: Easing the Nonimmigrant Visa Process for U.S. College Graduates (state.gov)
Lawmakers Urge Biden Administration to Protect Children of Green Card Applicants
- On June 13, 2024, a bipartisan group of lawmakers submitted a letter asking the Biden Administration to protect the children of green card applicants.
- Congress has not passed legislation providing legal status or green cards to young people who might "age out" because of the per-country limit and the low annual number of employment-based immigrant visas.
- The letter asks for three policy changes:
- Clarify the applicability of potential grants of deferred action on a case-by-case basis, where discretion is warranted, for children of long-term visa holders.
- Expand eligibility for Employment Authorization to child dependents of visa holders, and to individuals with approved I-140 petitions.
- Ask USCIS to create a process to allow children of long term visa holders who have aged out to seek parole on a case-by-case basis, if warranted for urgent humanitarian reasons or to advance a significant public benefit. However, this does not offer a clear pathway to permanent residence.
- Without a legislative solution or additional administrative action, young people who age out while waiting for their parents to obtain permanent residence will continue to leave the United States.
SOURCE: Stuart Anderson, Forbes, June 13, 2024: DHS, USCIS Urged To Protect Green Card Applicants And Their Children (forbes.com)
DOS: July 2024 Visa Bulletin Released:
EB-1 India and China Progress; EB-3 Professionals Retrogress By Nearly a Year
- On June 11, 2024, the Department of State (DOS) released its Visa Bulletin for July 2024. USCIS has announced that it will accept employment-based adjustment of status applications based on the Visa Bulletin Final Action Dates Chart in July.
- EB-1: India advances by eleven months to February 1, 2022, and China advances by two months to November 1, 2022. All other EB-1 areas of chargeability remain current.
- EB-2: limited progression: India advances two months to June 15, 2012; China advances one month to March 1, 2020; and all other areas of chargeability advance two months to March 15, 2023.
- EB-3: Professional and Skilled Workers for all areas of chargeability except India and China will retrogress eleven months and three weeks to December 1, 2021. EB-3 India advances one month to September 22, 2012, and EB-3 China remains on December 1, 2021.
- EB-4: All countries currently on January 1, 2021.
- EB-5: All countries are current for Unreserved, Rural Set Aside, High Unemployment Set Aside, and Infrastructure Set Aside Except EB-5 Unreserved India (December 1, 2020) and EB-5 Unreserved China (15 December 2015).
DOL: Updated PERM and PWD processing times for June 2024
The Department of Labor has updated its processing times for prevailing wage determinations (PWD) and PERM applications.
- As of June 1, 2024, DOL is issuing PWDs for PERM prevailing wage requests filed in December 2032 (OES) and April 2023 (Non-OES).
- As of June 1, 2024, DOL has been processing H-1B prevailing wage requests filed in January 2024 (OES) and June 2023 (non-OES).
- As of June 1, 2024, DOL has been PERM prevailing wage redeterminations requested in December 2023 and H-1B prevailing wage redeterminations in January 2024.
- As of June 1, 2024, DOL has also been processing PERM and H-1B Center Director reviews requested in August 2023.
- Below is the PERM processing information as of June 1, 2024, for both priority dates and average number of days to process PERM applications:
SOURCE: https://flag.dol.gov/processingtimes
DHS Proposes Expansion of 9-11 Response and Biometric Entry-Exit Fee
- The Department of Homeland Security has released a Notice of Proposed Rulemaking (NPRM) to amend and clarify the regulations concerning the 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 visas.
- Congress established the 9-11 Response and Biometric Entry-Exit Fee in December 2015 for certain H-1B and L-1 petitions based on the statutory language in Public Law 114-113. The fee is set at $4,000 for H-1B and $4,500 for L-1 petitions for companies with fifty or more workers in the U.S. with half of these employees in H or L status.
- The proposed regulatory changes would modify DHS's interpretation of ambiguous statutory language to require that covered employers submit the 9-11 Response and Biometric Entry-Exit Fee for all extension-of-stay petitions, regardless of whether a Fraud Fee applies, so as to include extension-of-stay petitions that do not involve a change of employer. Obviously, if this modification is adopted, U.S. employers that are subject to this rule will need to pay significantly more in filing fees over the course of the H or L nonimmigrants employment, so they will need to budget accordingly.
- The fee applies to petitioners filing an H-1B or L-1 petition with fifty (50) or more employees in the U.S. and with more than 50 percent of their employees being in H-1B or L-1 status. DHS also proposes to clarify the method by which it determines whether a petitioner is a covered employer.
- Under the proposed regulations, covered petitioners filing an H-1B or L-1 amended petition that does not include an extension-of-stay request would not be required to submit the 9-11 Response and Biometric Entry-Exit Fee.
- The NPRM was issued in the Federal Register on June 6, 2024: Federal Register :: 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas. DHS will accept comments until July 8, 2024. Comments must be sent via the Federal eRulemaking Portal (http://www.regulations.gov).
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