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Dear Readers,

We’re happy to have you back at the NawLaw Report, where we keep you up to date on the latest in the immigration law world, and bring you updates and announcements from the firm. This edition we’re brining you a larger than usual number of updates from USCIS on various policy changes. It can be tough to keep up but don’t worry, NawLaw always has you covered!

Easing the Nonimmigrant Visa Process for U.S. College Graduates - DOS Clarifies Guidance on Biden-Harris Initiative

On June 18, 2024, the Biden-Harris Administration announced steps to streamline the processing of employment-based nonimmigrant visas for U.S. college graduates with job offers. This includes clarifying guidance for consular officers on recommending waivers of ineligibility to the Department of Homeland Security (DHS), although all processing steps remain unchanged. These clarifications specify when consular officers should expedite waiver recommendations in conjunction with overseas visa applications. Waiver requests are adjudicated by DHS’s U.S. Customs and Border Protection’s Admissibility Review Office. Applicants denied a visa will be informed of their ineligibility grounds and potential waiver eligibility. Updated guidance for consular officers was issued on July 15, 2024, to ensure a clearer, more efficient visa process without conferring new benefits.

USCIS : FAQs for Individuals in H-1B Nonimmigrant Statues

The FAQs for individuals in H-1B nonimmigrant status address common concerns related to applying for lawful permanent resident (LPR) status, job changes or terminations, international travel, and dependent family members. Key points include that an eligible H-1B worker can switch employers immediately after the new employer files a nonfrivolous H-1B petition with USCIS. Form I-140 petition approvals will not be revoked solely due to the petitioner's business termination or employer withdrawal if the petition has been approved for at least 180 days or if the associated adjustment of status application has been pending for at least 180 days, ensuring the worker retains their priority date. If an H-1B worker's employment is terminated, they typically have several options to remain in an authorized stay period beyond 60 days. A summary chart and detailed FAQs provide additional guidance and specific information.

USCIS Extends Form I-9 Expiration Date

The U.S. Citizenship and Immigration Services (USCIS) has updated the Form I-9, Employment Eligibility Verification, extending its expiration date to May 31, 2027. Employers must now use the edition of the form dated August 1, 2023, which may show expiration dates of either July 31, 2026, or May 31, 2027. While both versions are valid until their respective expiration dates, only the form with the May 31, 2027 expiration date is available for download. Employers are advised to update their electronic Form I-9 systems to the new expiration date promptly and must do so by July 31, 2026. More information is available on I-9 Central or through free webinars provided by USCIS.

USCIS Releases Statistics for STEM-Related Petitions, EB-2 and O1-A Categories for FY 2018 - FY 2023

In January 2022, USCIS updated its policy guidance to clarify eligibility criteria for STEM professionals seeking the National Interest Waiver (NIW) under the EB-2 employment-based immigrant status and the O-1A nonimmigrant status for individuals of extraordinary ability. This change led to a significant increase in EB-2 petition receipts from FY 2022 to FY 2023, particularly in the use of NIWs, with petitions almost doubling during this period. Despite an overall increase in EB-2 receipts, those in STEM categories saw a decrease. The O-1A petition receipts also rose by 29% from FY 2021 to FY 2022 and slightly more in FY 2023, with a stable approval rate of over 90%. Approvals of O-1A petitions in STEM fields saw a 33% increase from FY 2022 to FY 2023. USCIS has made additional resources available to support noncitizen STEM professionals and entrepreneurs.

USCIS Issues New Policy on EB-5 Noncompliance with EB-5 Regional Center Program

The new policy guidance addresses the consequences of noncompliance with the EB-5 Regional Center program as stipulated in the Immigration and Nationality Act (INA). It clarifies the sanctions, such as terminations, debarments, and suspensions, applicable to noncompliant regional centers, commercial enterprises, job-creating entities, and investors. The guidance specifies what constitutes threats to national interest, fraud, intentional misrepresentation, deceit, and criminal misuse, necessitating adverse actions on certain EB-5 petitions and applications. Special considerations are outlined for good-faith pre-Reform and Integrity Act (RIA) investors to retain eligibility despite the termination or debarment of their associated entities. This update to Part G, Investors, in Volume 6 of the Policy Manual integrates the statutory reforms from the EB-5 Reform and Integrity Act of 2022 and is effective immediately.

Texas Border Warning Issued to Migrants

Homeland Security officials have issued warnings to migrants and their families about the severe dangers of using human smugglers to cross the U.S.-Mexico border, especially amid the current heat wave. The extreme temperatures in the Rio Grande Valley have made the already perilous journey through the desert even more dangerous, increasing risks of heat exhaustion, dehydration, and death. Deputy Special Agent Mark Lippa highlighted that migrants are often abandoned by smugglers after payment, finding themselves injured and dehydrated. The message is clear: human smuggling is extremely dangerous and can lead to abuse or death. Additionally, Professor Brad Jones from UC Berkeley argues that Trump's border wall policy has inadvertently encouraged risk-taking among migrants. Recent data shows 171 migrant deaths in the 2021-2022 fiscal year, with notable incidents like the San Antonio tractor-trailer tragedy. HSI Special Agent Craig Larrabee emphasized the ruthless exploitation of migrants by criminal organizations, and currently, a group of 2,000 migrants is traveling through Mexico, fearing future border closures.

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