Legal Blogs and Updates

Department of State Issues October 2024 Visa Bulletin Showing Advancements

U.S. Citizenship and Immigration Services (USCIS) determined that, for October 2024, all Employment-Based (EB) preference categories must use the Dates of Filing chart in the Visa Bulletin. The Dates of Filing chart shows forward movement in almost every Employment-Based (EB) preference category. Most significantly, the EB 3^rd preference Worldwide category will advance by nearly two years.

Contact us with questions about priority dates and the Visa Bulletin.

Validity of Green Cards Extended to 36 Months for Lawful Permanent Residents Filing I-90 Requests to Renew

Previously, lawful permanent residents could extend the validity of an expiring or expired Green Card by 24 months by filing a Form I-90. Effective September 10, 2024, USCIS updated the language on Form I-90 receipt notices to extend the validity of a Green Card for 36 months from the expiration date on the face of the current Green Card. USCIS also began printing amended receipt notices for individuals with pending I-90s. These receipt notices can be presented with an expired Green Card as evidence of continued status and employment authorization. This change was implemented to help applicants who experience long processing times and need to establish work authorization.

Contact us with questions about Green Card expiration dates and work authorization.

Reap the Benefits of an I-9 Audit

Avoid the costly problems that can result from failing to adequately navigate the complicated I-9 process by enlisting Connell Foley to conduct an annual training session and external audit of I-9s, E-Verify, or Hiring Practices. The training allows us to:

• Identify the company’s key personnel
• Emphasize the importance of the I-9 process
• Ensure communication from the bottom of the organization to the top
• Proactively manage compliance
• Review original I-9 and supporting documents (payroll records, lists of active employees, training materials, etc.)
• Establish a training program for Form I-9 compliance and fraud detection
• Establish a Social Security no-match policy
• Establish protocol to address credible allegations regarding unauthorized workers
• Establish safeguards against discrimination
• Develop a plan for responding to government inquiries

Contact us with questions about I-9 compliance, benefits of I-9 audits, and annual training.

Foreign National Employees May Be Eligible to Obtain a Green Card Through a National Interest Waiver

Foreign nationals may apply for lawful permanent residence status (i.e., a Green Card) by proving that their admission to permanent residence would be in the National Interest. This classification allows applicants to submit a broader range of evidence than the EB-1 Outstanding Researcher or Professor category. It also permits self-sponsorship, meaning that employer sponsorship is not required. Additionally, USCIS provides unique considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields.

USCIS considers foreign nationals’ applications for a National Interest Waivers on an individual basis, assessing whether:

• The foreign national’s proposed endeavor has both substantial merit and national importance,
• The foreign national is well positioned to advance the proposed endeavor, and
• On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

Assessments of “substantial merit and national importance” (prong #1) focus on the specific endeavor that the foreign national proposes to undertake. The endeavor’s substantial merit may be demonstrated in a range of areas including business, entrepreneurialism, science, technology, culture, health, or education. To determine whether the proposed endeavor has national importance, USCIS will consider its potential prospective impact. An endeavor may have national importance, for example, if it has national or even global implications within a particular field, such as medical advances.

Requiring the foreign national to demonstrate that they are well positioned to advance the proposed endeavor (prong #2), and that it would benefit the United States (prong #3), shifts the focus away from the proposed endeavor and onto the foreign national. To prove these elements, the foreign national’s significant achievements impacting their field should be highlighted.

Contact us with questions about eligibility for a National Interest Waiver.

Qatar Added to Visa Waiver Program

The Department of Homeland Security (DHS) and Department of State (DOS) have designated Qatar as a country eligible to participate in the Visa Waiver Program (VWP). Starting no later than December 1, 2024, Qatari citizens and nationals will be allowed to travel to the United States for tourist and business purposes for up to 90 days without first obtaining a U.S. Visa (assuming they are otherwise eligible for admission). Qataris planning to enter the United States as VWP visitors will be required to apply through the Electronic System for Travel Authorization (ESTA) system. ESTA is an automated system that assists in determining eligibility to travel under the VWP and whether such travel poses any law enforcement or security risk. Upon completion of an ESTA application, a traveler is notified of his or her eligibility.

It should be noted that permissible business purposes for travel to the United States include: engaging in commercial transactions that do not involve gainful employment in the United States (such as taking orders for goods manufactured abroad); negotiating contracts; and consulting with business associates.

Contact us with questions about business travel and whether it might be advisable for a foreign national to carry a business visitor letter.