Tag: Immigration

During the past few months, Gibney has observed the marked increase in anxiety from concerns surrounding the future of employment-based and family-based immigration. These concerns stem from current trends, hardships and injustices in global migration, but also the likelihood that significant changes will result from the outcome of the 2024 U.S. presidential election and subsequent congressional actions. In a climate where political rhetoric has often painted immigrants as a threat rather than a strength, it’s easy to feel that we’ve lost sight of the critical role immigrants play in the success of our nation. Despite the challenges of navigating an increasingly complex political environment, we at Gibney continue to stand strong in our defense of immigrants—whether they are skilled professionals, entrepreneurs, workers filling essential roles across industries, or beloved family members.

While it is too soon to tell with precision what changes will emerge with the incoming Republican administration, we are likely to see a sharpened focus on national security; potential changes in family-based immigration; stricter enforcement of immigration laws, including workplace enforcement; greater scrutiny on employment-based immigration; and efforts to reduce certain backlogs in the immigration system through stricter eligibility criteria. The trends we’ve witnessed as a nation and the needs of U.S. employers for highly skilled foreign talent remains strong, particularly in STEM fields. Disparities will continue to exist—and likely grow—between the demands of U.S. employers who must attract and retain foreign talent, and immigration laws and policies that can meet these employers’ needs.

Gibney’s close-knit group of immigration practitioners have many years of experience serving a wide array of corporate and individual clients with diverse needs across a range of industries. Our commitment remains constant: to ensure that U.S. businesses and individuals can continue to access the global talent pool necessary to fuel growth and innovation. As we face new challenges given the recent political shifts, it is critical that we help organizations understand and respond to the implications of a changing administration on their immigration strategies.

As such, Gibney has assembled a team of experts who will take a special role in supporting the specific needs of its valued clients so that they may effectively navigate the complexities of the system and understand how potential changes will impact them. The task force will deliver Regulatory Monitoring and Analysis; Risk Assessment and Mitigation; Client Education; Crisis Management and Response; Strategic Planning; and Data Analytics and Reporting. By proactively addressing potential negative consequences, the task force can help employers navigate the ever-changing immigration landscape, minimize risks, and optimize their immigration programs.

We look forward to sharing insights here with you and helping our clients successfully navigate immigration needs in the coming months.

The Department of State released the November 2024 Visa Bulletin and USCIS will continue to accept employment-based Adjustment of Status applications based on the Dates for Filing chart. All employment-based categories pursuant to Dates for Filing will hold steady with no forward movement observed in November.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR DATES FOR FILING

USCIS confirmed that it will honor the Dates for Filing chart for purposes of eligibility to file an Adjustment of Status application. The Dates for Filing  are as follows:

EB-1, First Preference Category

• EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) remains current.
• EB-1 China: Dates for Filing will maintain a filing cutoff date of January 1, 2023.
• EB-1 India: Dates for Filing will maintain a filing cutoff date of April 15, 2022.

 EB-2, Second Preference Category

• EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will continue to hold steady at August 1, 2023.
• China: Dates for Filing will remain at October 1, 2020.
• India:  Dates for Filing will remain at January 1, 2013.

EB-3, Third Preference Category (Professional and Skilled Workers)

• EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico and Philippines) will maintain a filing cut-off date of March 1, 2023.
• China: Dates for Filing will hold steady at November 15, 2020.
• India: Dates for Filing will hold steady at June 8, 2013.

Other Workers

• Other Workers (including El Salvador, Guatemala and Honduras and Mexico) will remain at May 22, 2021.
• Philippines will remain at May 22, 2021.
• China and India will remain at January 1, 2018 and June 8, 2013, respectively.

EB-5: Fifth Preference Category (Immigrant Investors)

• For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will hold steady at April 1, 2022 and China will maintain a cut-off date of October 1, 2016. All other countries will remain current.
• The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.

WHAT SHOULD EMPLOYERS EXPECT?  

Per the November Visa Bulletin, all employment-based categories pursuant to Final Action Dates and Dates for Filing will remain the same in November. While only modest advancement of cut-off dates was observed in the beginning of the fiscal year, this is likely an indicator that green card demand remains high with possibly an existing backlog that needs to be cleared before forward movement is observed.

As strong green card demand continues across all employment-based categories, the Dept. of State may be cautious with advancing dates to manage visa use efficiently. Accordingly, Employers are advised to promptly proceed with the filing of eligible Adjustment of Status applications as continued backlogs and high demand will likely lengthen the green card process for many Foreign Nationals.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

What is the Diversity Visa Lottery?
The Diversity Immigrant Visa Program, which is administered by the U.S. Department of State, permits up to 55,000 diversity immigrant visas to be granted for fiscal year 2026 to persons from countries with low immigration rates to the United States. Foreign nationals are selected for eligibility to file an application for permanent residence under this program on the basis of a lottery.

When can I apply?
The U.S. Department of State will accept applications online for the FY2026 diversity lottery between 12 noon Eastern Daylight Time (EDT) (GMT-4) on Wednesday, October 2, 2024, and 12 noon Eastern Standard Time (EST) (GMT-5) on Wednesday, November 5, 2024. Applicants are encouraged to apply in the early part of the application period. 

Who is eligible?
In order to enter the diversity visa lottery, an individual must be a national of an eligible country and must meet minimum education/work requirements.

Nationality:
No visas may be awarded to foreign nationals of countries that have sent more than 50,000 immigrants to the U.S. over the period of the last five years. For the FY 2026 diversity lottery, nationals of the following countries are NOT eligible to apply: Bangladesh, Brazil, Canada, China (mainland and Hong Kong born), Colombia, Cuba, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, Venezuela, and Vietnam. Natives of Macau SAR and Taiwan are eligible. With the exception of Cuba becoming ineligible, there were no changes in eligibility this year.

Nationality is defined by the location of a person’s birth. However, if a foreign national is ineligible to apply based on their country of birth, there are two alternate ways to qualify. First, a foreign national whose spouse was born in a country whose natives are eligible to apply may apply provided the spouse is eligible. Second, a foreign national who was born in a country whose natives are ineligible to apply is eligible to apply if neither of his/her parents were born in or legally resided in that country at the time of the foreign national’s birth.

Education/Work:
In addition to meeting the nationality requirement, in order to enter the diversity lottery, a foreign national must have either a high school education or its equivalent, or at least two years of work experience within the past five years in an occupation requiring at least two years training or experience to perform.

How do I Apply?
Diversity lottery submissions are only accepted electronically. The electronic applications are submitted via the U.S. Department of State’s Diversity Visa Lottery website.

Applicants may only submit ONE lottery entry; individuals who attempt to submit more than one application will be disqualified from participating in the lottery.

A diversity application must be accompanied by digital photographs of the applicant, the applicant’s spouse (if applicable), and the applicant’s dependent children (if applicable) taken in accordance with specific requirements set forth in detail on the U.S. Department of State’s website.

Note: each spouse may submit his/her own application if he/she otherwise qualifies. In completing the electronic entry form, the following data will be required: full name, date of birth, gender, city of birth, country of birth, country of eligibility for the program, photograph(s), mailing address, current country of residence, phone number (optional), email address, educational level, marital status, number of children, and information about spouse and children.

There is no cost to submit an online entry form.  The U.S. Department of State strongly urges applicants to apply early as heavy demand in the last week of the registration period could result in website delays.  They will not accept late entries or paper entries.

How does the Selection Process Work?
Winners of the lottery will be selected in a random computerized process. After entering the lottery, it is critical to safeguard the confirmation page as it contains information that is needed to check the status of the application. Applicants can check the status of their application using their confirmation number through the Entry Status Check section of the E-DV website. Lottery winners will not receive correspondence in the mail to confirm the selection of their application; the status of the application can only be checked through the E-DV website.

Selection in the lottery does not automatically confer lawful permanent resident status. In order to become a permanent resident of the U.S., a selected lottery winner’s (and their dependents) application(s) for permanent residence must be filed and approved by September 30, 2026. The permanent residence application may be filed either via adjustment of status (if the foreign national is in the U.S. in a valid nonimmigrant status) or via consular processing.

Finally, please note that more lottery “winners” are selected than there are immigrant visas available because some winners will not be eligible to become U.S. permanent residents of the U.S. Accordingly, some individuals who are selected to apply for diversity visas may ultimately be unable to become U.S. permanent residents if the available diversity immigrant visas are assigned prior to their permanent residence application being adjudicated.

Where Can I Get More Information?
Instructions regarding how to apply for the 2026 Diversity Visa Lottery may be obtained from the U.S. Department of State’s PDF instructions and U.S. Department of State’s website.

For more information or specific legal advice, please contact your designated Gibney representative or email info@gibney.com.

The U.S. Department of Homeland Security (DHS) has designated Qatar for inclusion in the Visa Waiver Program (VWP).  Qatar will be the first Gulf State to join the VWP program which allows for streamlined travel and entry to the United States. Eligible Qatari nationals who have an electronically readable passport (e-Passport) and who have obtained pre-authorization for travel through the Electronic Screening System for Travel Authorization (ESTA) system will be eligible to enter the U.S. for business or tourism without a visa for a period of up to 90 days. ESTA authorizations are generally valid for two years.

Starting no later than December 1, 2024, the ESTA online application and mobile app will be updated to accept applications from citizens and nationals of Qatar. Travelers with valid B-1/B-2 visas may continue to use their visa for travel to the U.S. and B-1/B-2 visas will remain an option for Qatari citizens.

Qatar joins a list of 41 countries designated for participation in the VWP.  It will be the third country added during the tenure of the current Secretary of Homeland Security, Alejandro N. Mayorkas, including Croatia in 2021 and Israel in 2023.

For additional information concerning travel under the VWP, please contact your designated Gibney representative or email info@gibney.com.

 

Starting on September 10, 2024, U.S. Citizenship and Immigration Services (USCIS) has automatically extended the validity of Permanent Resident Cards (Green Cards) to 36 months for lawful permanent residents who submit Form I-90, the Application to Replace a Permanent Resident Card. Lawful permanent residents who properly file Form I-90 to renew an expired or soon-to-expire Green Card are eligible for this extension. Previously, receipt notices for Form I-90 provided only a 24-month extension of Green Card validity.

As of September 10^th, USCIS has started issuing updated receipt notices for individuals with pending Form I-90 applications which reflect a 36-month extension from the expiration date of the current Green Card. These receipt notices can be used along with an expired Green Card to confirm continued status and employment authorization. This change aims to assist applicants experiencing longer processing times by providing proof of lawful permanent resident status while awaiting a renewed Green Card.

If an applicant’s Form I-90 is still pending and both their Green Card and extension notice have expired, they may request evidence of their lawful permanent resident status in the form of an Alien Documentation, Identification, and Telecommunications (ADIT) stamp from USCIS for international travel and employment authorization purposes.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

 

The Department of State released the October 2024 Visa Bulletin and USCIS will accept employment-based Adjustment of Status applications based on the more advanced Dates for Filing chart for the beginning of this fiscal year. Most categories will advance modestly or hold steady, with the exception of EB-3 China noting further retrogression, as detailed below:

• EB-1 China Dates for Filing will hold steady at January 1, 2023.
• EB-1 India Dates for Filing will advance by two months to April 15, 2022.
• EB-2 Dates for Filing for all countries aside from India and China will advance by approximately four months to August 1, 2023. EB-2 India will advance by almost six months to January 1, 2013 and China will advance by four months to October 1, 2020.
• EB-3 Professional/Skilled Worker Dates for Filing for all countries aside from India and China will advance by one month to March 1, 2023. India will advance by more than seven months to June 8, 2013. China will retrogress by about eight months to November 15, 2020, which is unusual for the start of the fiscal year given the reallocation of immigrant visa numbers.
• EB-5 Unreserved Dates for Filing will hold steady at April 1, 2022 for India and will retrogress by three months to October 1, 2016 for China.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR DATES for filing 

USCIS confirmed that it will honor the Dates for Filing chart for purposes of eligibility to file an Adjustment of Status application. The Dates for Filing  are as follows:

EB-1, First Preference Category

• EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) remains current.
• EB-1 China will maintain a filing cutoff date of January 1, 2023.
• EB-1 India will advance slightly with a Dates for Filing cutoff of April 15, 2022.

 EB-2, Second Preference Category

• EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will advance by four months to August 1, 2023.
• China: Dates for Filing will advance by four months to October 1, 2020.
• India: Dates for Filing will advance by approximately six months to January 1, 2013.

EB-3, Third Preference Category (Professional and Skilled Workers)

• EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico and Philippines) will advance by one month to March 1, 2023.
• China: Dates for Filing will retrogress to November 15, 2020.
• India: Dates for Filing will advance to June 8, 2013.

Other Workers

• Modest advancement for all countries:
  • Other Workers (including El Salvador, Guatemala and Honduras and Mexico) will advance by four months to May 22, 2021.
  • Philippines will advance by one year to May 22, 2021.
  • China and India will advance by seven months to January 1, 2018 and June 8, 2013, respectively.

EB-5: Fifth Preference Category (Immigrant Investors)

• For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will hold steady at April 1, 2022 and China will retrogress by three months to October 1, 2016. All other countries will remain current.
• The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.

WHAT SHOULD EMPLOYERS EXPECT?  

The October Visa Bulletin marks the start of a new fiscal year with green card allocation resetting for fiscal year 2025, which commences October 1, 2024 and ends on September 30, 2025. While USCIS is honoring the Dates for Filing chart for October, it is important to note that these applications cannot be approved until a visa number becomes available pursuant to the Final Action Dates chart.

As fluctuations in applicant filings and visa usage across all employment-based categories continues, this may result in USCIS honoring the more modest Final Action Dates chart in the upcoming months. With continued increased demand across all eligible employment-based categories and extensive processing delays associated with the PERM process, Employers may wish to consider commencing the green card process earlier for foreign national employees. Employers are also advised to submit Adjustment of Status applications for eligible applicants in October as it is uncertain how long the Dates for Filing chart may honored this fiscal year.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

The Department of State has confirmed that the annual limit for the EB-1 immigrant visa category has been reached for FY2024. Accordingly, no immigrant visas or green cards will be issued for the remainder of the fiscal year, which ends on September 30, 2024. However, USCIS will continue to accept EB-1 Adjustment of Status applications which are listed as current in the visa bulletin for September. Although Adjustment of Status filings based on the EB-1 category may continue to be accepted by USCIS, these filings cannot be approved until a visa number becomes available.

As reported in the DOS Liaison Committee’s September Visa Bulletin Briefing, DOS warned that due to high demand for visa numbers in the employment-based categories, it might be necessary “to immediately make [a] preference category ‘unavailable,’ and no further requests for numbers would be honored.” Based on this warning, it is possible that other employment-based categories may also become unavailable in the near future. The Department of State anticipates that Final Action dates will advance at the start of the new fiscal year on October 1, 2024 but date movements will depend on immigrant visa demand.

WHAT SHOULD EMPLOYERS AND FOREIGN NATIONALS EXPECT?  

Employers are advised to continue submitting eligible Adjustment of Status filings in September. However, if the underlying category is unavailable, the application will not be decided on until a visa number becomes available. Foreign nationals are also advised to attend any scheduled Adjustment of Status interviews though the interview may ultimately be rescheduled and cannot result in an approval until visa numbers are available.

For additional information, please contact your designated Gibney representative or email info@gibney.com.