U.S. immigration updates you should know
As we close the book on 2023, here are some of the latest updates from the U.S. Citizenship and Immigration Services agency (USCIS), Department of Homeland Security (DHS), Department of Labor (DOL), and State Department to be aware of, especially if you are an immigrant.
H-2B temporary non-agricultural worker visas
On November 2, the DHS and DOL announced that they will make an additional 64,716 H-2B temporary non-agricultural worker visas available for Fiscal Year 2024, on top of the congressionally mandated 66,000 H-2B visas that are available each fiscal year.
American businesses in industries such as hospitality and tourism, landscaping, seafood processing, and more turn to seasonal or other temporary workers in the H-2B program to help them meet demand from consumers. The supplemental visa allocation will help address the need for seasonal or other temporary workers in areas where too few U.S. workers are available. Additional details about the H-2B program safeguards, as well as eligibility and filing requirements, will be available in the temporary final rule when published on the USCIS webpage, uscis.gov.
Automatic employment extensions
Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, now qualify for an automatic extension of their expiring employment authorization and/or Employment Authorization Documents (EADs) while their renewal applications are pending, USCIS said. As of October 27, those who are eligible will receive 180-day extensions in accordance with existing regulations, including those who have applied for or received Temporary Protected Status or asylum.
EB-5 processing times
Immigrant investors in regional center programs have seen a decrease in EB-5 processing times. Reports indicate that projects have received approvals for Form I-526E, Immigrant Petition by Regional Center Investor, within only 12 months. To improve efficacy for EB-5 investors in rural areas, the USCIS provided priority processing of their petitions. This included Form I-526E and Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. Although progress appeared unlikely in the months immediately after, recent application turnaround times suggest priority processing is a likely solution for reducing EB-5 backlogs.
U.S.-based investors can also file for I-526E concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status. This allows them to adjust their status and apply for an EAD and travel permit. This increased flexibility furthers improvements to the EB-5 process.
Sole proprietors and immigration filing
On October 20, 2023, the USCIS issued policy guidance to clarify that a sole proprietorship may not file a petition on behalf of its owner. The USCIS makes this distinction because a sole proprietor does not exist as a distinct legal entity separate and apart from the owner. This clarification aligns with existing guidance and becomes effective immediately.
The Policy Manual update further distinguishes a sole proprietor from a self-incorporated petitioner, such as a corporation or a limited liability company with a single owner, where the corporation or the single member limited liability company is a separate and distinct legal entity from its owner, which may petition for that owner.
U.S. passports
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