Immigration Update: July 2024
July 31, 2024Parole-in-Place Program to Begin August 19
Starting August 19, 2024, undocumented spouses of U.S. citizens who qualify for the Biden Administration’s parole-in-place program can begin submitting applications. Approved applicants will be able to apply for permanent residence (“green card”) in the U.S. through an adjustment of status process, eliminating the need to leave the country and apply abroad.
Eligible undocumented individuals include those present in the U.S. without inspection or parole, with a legally valid marriage to a U.S. citizen as of June 17, 2024. Additional requirements include continuous presence in the U.S. for at least 10 years as of June 17, 2024, no disqualifying criminal history or national security/public safety concerns, and otherwise meeting DHS’s favorable discretion criteria.
Further details on forms, fees, and application procedures are anticipated. Please contact Perl Law if you believe you may benefit from this program.
H-1B Update: USCIS Will Conduct Second Selection of FY2025 H-1B Cap Registrations
USCIS has recently announced that it will need additional registration for beneficiaries to reach the FY2025 regular cap numerical allocation. USCIS will notify prospective petitioners with selected registrations. Selected registrations will also have their USCIS online accounts updated to include a selection notice.
Venezuelan Passport Validity
The U.S. will now acknowledge a new 10-year automatic extension for expired Venezuelan passports. This new extension is based on a decree from the Venezuelan National Assembly issued on June 25, 2024, and extends the previous auto-extension, which was limited to five years.
U.S. Agencies Announce New Regulatory Plans
The U.S. Department of Homeland Security has unveiled the next phase of its final rule aimed at modernizing the H-1B program. Earlier this year, USCIS implemented the initial phase, which changed the H-1B cap lottery system to select beneficiaries rather than registrations. This second phase is anticipated to improve cap-gap protections for F-1 students transitioning to H-1B status, update the definition of an H-1B specialty occupation, expand the Fraud Detection and National Security site visit program, and formalize a longstanding policy requiring USCIS adjudicators to defer to prior agency decisions. The final rule is expected to be published in December 2024.
Additionally, DHS has proposed several measures to enhance agency efficiency, including improvements to the adjustment of status process. These improvements aim to clarify when a visa is available for age-out protections under the Child Status Protection Act, allow the agency to grant employment authorization to derivative beneficiaries with compelling circumstances who are waiting for immigrant visa availability, and clarify travel authorization for individuals granted TPS.