Goeschl Law Corporation

On August 16, 2024, the Department of State (DOS) announced that all available visa numbers for the Employment-Based Third Preference (EB-3) and Other Worker (EW) categories have been issued for Fiscal Year 2024 (FY2024). As the annual visa limit for the EB-3 and EW categories have been reached, the US Embassies and Consulates abroad are no longer able to issue immigrant visas for the rest of FY2024, which ends on September 30th. Each fiscal year, 28.6 percent of the annual worldwide employment visa number limit is allotted to the EB-3 category, of which not more than 10,000 are available to the EW category. The annual visa numbers will be reset for the new government fiscal year (FY2025) that will begin on October 1, 2024. Although the availability of visa numbers for the EB-3 category significantly slowed near the end of FY2024 due to high demand - which resulted in the recent retrogression for Rest of World, Mexico, and the Philippines - the DOS stated in the September Visa Bulletin that it anticipates that the final action dates for the EB-3 category will advance at the start of FY2025 in October 2024. Upon the release and availability of new visa numbers, the US Embassies and Consulates may resume issuing immigrant visas in the EB-3 category. #EB3 #DOS #FY2024

The Department of State (“DOS”) Visa Office has released the September 2024 Visa Bulletin. The cutoff date for EB-3 Rest of World (including Mexico and Philippines) will retrogress next month by one year. As announced in July and August, the retrogression of the EB-3 final action date for Rest of World (including Mexico and Philippines) was necessary due to high demand. While the visa numbers in this category are rapidly approaching the annual limit for this fiscal year, the DOS anticipates advancement in this category at the start of the new fiscal year on October 1, 2024 when new visa numbers are released. The cutoff dates for other employment-based categories for all countries, including China and India, will remain the same as in the August 2024 Visa Bulletin. The DOS stated that most employment-based preference category limits for this fiscal year are expected to be reached during September and it may be necessary to make certain categories “Unavailable” next month. #VisaBulletin #EB3 #USCIS

Today, July 30, 3024, the United States Citizenship and Immigration Service (USCIS) announced that it will conduct a second random selection process (‘'lottery') for H-1B cap-subject registrations submitted in March of this year for the FY2025 annual H-1B cap. As has been the case in years past, the USCIS did not select a sufficient number of registrations in the initial lottery to satisfy the numerical limitation, and is conducting the second lottery to ensure that all available cap-subject H-1Bs are allocated. This year’s second lottery will not include registrations filed under the advanced degree exemption (‘master’s cap’), as it has been determined that a sufficient number of master’s cap registrations were selected in the initial lottery to satisfy the exemption limit. Please note, however, that H-1B registrations eligible for the master’s cap that were not previously selected, will be included under the ‘regular cap’ for the second lottery drawing. We expect to receive notifications of H-1B registrations selected in the second lottery over the next few days, and will be reaching out to affected clients as soon as we do. The USCIS will announce when the second lottery process has been completed. #H-1BCap #FY2025 #H-1BLottery #USCIS

The Department of State (“DOS”) Visa Office has released the August 2024 Visa Bulletin. The cutoff dates for most employment-based categories will remain the same as in the July 2024 Visa Bulletin. Only EB-2 and EB-3 India will see a slight advancement of one month in August. Demand for the EB-3 category continues to remain high. The increase in number use for this category resulted in the almost one (1) year retrogression for EB-3 Worldwide in July 2024. Although further retrogression in this category will not occur next month, the DOS stated in the August 2024 Visa Bulletin that it will likely be necessary to either further retrogress the final action date or make the category “Unavailable” in September. #VisaBulletin #DOS #EB1 #EB2 #EB3

On April 8, 2024, the Department of Homeland Security (DHS) published a Temporary Final Rule that temporarily increases the automatic extension period of certain Employment Authorization Documents (EADs) from 180 days to up to 540 days. This temporary increase in the automatic EAD extension period is being issued to minimize or avoid gaps in employment authorization while waiting for the EAD renewal application to be adjudicated, and to allow the USCIS to address its current processing backlog. The Temporary Final Rule is effective from April 8, 2024 through September 30, 2025.  

On April 4, 2024, the US Citizenship and Immigration Services (USCIS) announced new guidance on the validity period of Form I-693 Medical Examinations that are required for Adjustment of Status (green card) applications. Medical examinations that were completed and signed by the USCIS-designated Civil Surgeon on or after November 1, 2023 no longer expire after two years, and are valid indefinitely as evidence to show that the adjustment of status applicant is not inadmissible on health-related grounds. Applicants whose medical examinations were completed and signed prior to November 1, 2023 will remain subject to the two-year validity period under the USCIS’ previous policy. Please note that the USCIS adjudicators have the discretion to request more evidence or a new or updated medical examination if they have reason to believe the applicant’s medical condition has changed since the civil surgeon signed the Form I-693, regardless of the validity period.

The Department of State (DOS) Visa Office has released the May 2024 Visa Bulletin. As provided in the April 2024 Visa Bulletin, the Department of State noted that it expects very little to no forward movement in the coming months throughout Quarter 3 and 4 of this fiscal year, which will end on September 30, 2024. In May, there will be no forward movement in the Final Action Dates chart for all employment-based visa preference categories.

The Ministry of Manpower will revise the monthly qualifying salary for Employment Pass applications starting from January 1, 2025. The Employment Pass is an employment authorized immigration status granted to qualified foreign national professionals, managers, executives, and specialists who wish to work in Singapore.

Effective February 9, 2024, individuals with regular passports issued by the People’s Republic of China (PRC) will no longer require visas to visit Singapore for stays of up to 30 days. This allows individuals from the People’s Republic of China to travel to Singapore for purposes such as business meetings, conferences, holidays, or private visits without the need of obtaining a visa. This policy stems from the 19th Joint Council for Bilateral Cooperation on December 7, 2023, and exchange of diplomatic notes between Singapore and the PRC. Under the reciprocal policy, holders of ordinary passports issued by Singapore will also be exempted from the requirement to obtain a PRC visa for a period of up to 30 days.

March 31, 2024 is the final deadline under the CUAET special measures to enter Canada or file an extension to existing CUAET status in Canada. The Background The CUAET program was launched on March 22, 2022 in response to the Ukraine conflict. The program permitted eligible Ukrainian nationals and their family members to obtain a three (3) year visa with an accompanying work permit, study permit or visitor record and is set to end on March 31, 2024. There notably remain 250,000 applications pending adjudication with Immigration, Refugees and Citizenship Canada (IRCC). It is unclear how or by when these applications will be processed. The Canadian government has not proposed a revised entry date for these applicants that may have their applications approved after March 31st. No extension of the deadline is currently proposed by the Canadian government for in-Canada applicants who may wish to renew their existing work authorization under the CUAET program either.