Goeschl Law Corporation’s Post

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.

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. 

The Department of State (“DOS”) Visa Office has released the April 2024 Visa Bulletin. Except for EB-3 China, there will be forward movement in the Final Action Dates chart for employment-based visa categories next month. Employment-based categories for India will see forward movement with EB-1 significantly advancing by 5 months and EB-2 and EB-3 moving forward by 1.5 months. The categories for Rest of World, Mexico and Philippines will also see advancement with EB-2 moving forward by almost 2 months and EB-3 moving forward by 2.5 months. The cutoff date for EB-3 China will continue to remain the same since January 2024, but EB-1 China will see forward movement by 1.5 months and EB-2 by 1 month. Despite the advancement for most employment-based categories in April, the Department of State noted in the Visa Bulletin 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.  

The US Citizenship and Immigration Services (USCIS) recently released two back-to-back Final Rules that will increase the fee schedules for premium processing and most petitions and applications for immigration benefits starting in 2024. The Department of Homeland Security (DHS) initially proposed the increase in filing fees in January 2023. As the USCIS is funded primarily by fees charged to applicants and petitioners, the agency conducted a comprehensive fee review and determined that current fees do not cover the full costs of its adjudication services and has increased fees to adjust for inflation and to ensure efficient and timely processing of petitions and applications. The new USCIS fee schedule, effective on April 1, 2024, is the first major fee change since 2016. The USCIS anticipates that the increased filing fees will generate $1.4 billion in revenue per year, which will allow the agency to continue working on reducing its backlog and improving processing times.

Effective February 29, 2024 at 11:30 p.m. Eastern Time, Mexican nationals will be required to obtain a visa to travel to Canada with certain exceptions. The Background In 2016, the Canadian government lifted the visa requirement for Mexican nationals to facilitate entry under the Canada-US-Mexico Agreement (formerly NAFTA). Mexicans were able to travel visa-free to Canada using an Electronic Travel Authorization (eTA). The current policy reinstating the visa requirement is in response to the influx of asylum claims from Mexican nationals which rose to 25,000 in 2023. The majority of these claims (approximately 60%) were either rejected by the Immigration and Refugee Board of Canada, or withdrawn or abandoned by the applicant.