Dear Readers,
You may not realize it as you read this, but our little publication was the first law firm newsletter in the world to be distributed electronically and it coincided with the launch of Siskind Susser and our website Visalaw.com when all three debuted 30 years ago in June 1994.
When Lynn Susser and I met earlier in 1994, it was through our spouses. I was a lawyer at a large law firm trying to learn immigration law on the side while I spent my days doing mergers and acquisition legal work. Lynn was finishing law school after a previous career in the textile manufacturing business.
Starting an immigration law firm in Tennessee wasn’t exactly an obvious move 30 years ago. The state has grown a lot and is now seen as a popular destination for business relocations and for immigrants. But at the time, a lot of people advised against starting an immigration practice believing there was not enough work to support a lawyer, much less two lawyers.
I convinced Lynn that the advent of the Internet was a unique moment in history and this was our chance to create something completely new – a law firm launched online and which would service clients across the world virtually rather than in person. Immigration law, a federal practice area where applications were filed by mail, was the perfect practice area to try this. Happily, Lynn believed in this vision – indeed she’s managed our law firm for all of its 30 years – and the rest, as they say, is history.
Siskind Susser has grown to 60 people and the 1000s and 1000s of clients we’ve served over the years come from all over the world and are living and working all over America. We have built on our initial technology initiatives. In the late 90s, we launched the first lawyer blog and were some of the earliest lawyers on social media platforms like LinkedIn (2004), Facebook (2007) and Twitter (2008). In 2015, we started launching web apps based on artificial intelligence and in 2020, we spun off the legal technology company Visalaw.ai which launched the popular generative AI immigration platform Gen in January of this year.
Our business has been incredibly fortunate over these thirty years. Our current team is magnificent and we have been blessed to have had many wonderful alumni over the years spend time at our firm. And, of course, we are a service business and exist to help our clients and it is to them that we owe the most thanks.
Some of you, our loyal readers, have been reading this Openers column for decades. I hope you have found our publication helpful and we’ve appreciated the positive feedback.
Best Regards,
Greg Siskind
Ask Visa Law
By Robby Rubin
I heard about a new program that might allow spouses that entered the United States without inspection to pursue permanent residency through an immediate relative petition. Who is eligible? How does one apply?
On June 18, 2024, President Biden announced a new program aimed at promoting family unity, and potentially opening up paths to work authorization and permanent residency for over 500,000 noncitizen spouses and stepchildren (child of the noncitizen, stepchild of the US citizen).
Noncitizen spouses of US citizens typically have the ability to adjust status to a permanent resident by filing an immediate relative petition (Form I-130) and adjustment of status application (Form I-485). This option is available to noncitizens who entered the US through an official port of entry and were inspected and either admitted or paroled into the US. This process does not require the noncitizen spouse to leave the US and is a fairly straightforward process in many cases.
However, for individuals present in the US without being inspected, admitted, or paroled, they are ineligible to adjust status, and therefore must depart the United States and consular process their adjustment of status at a US consulate abroad. Unfortunately, for noncitizen spouses in this category, departing the US triggers a 3- or 10-year immigration bar, that prevents them from reuniting with their family until the expiration of these years-long bars.
In an attempt to promote family unity, the Biden administration instructed DHS to announce a new parole-in-place program aimed at providing relief to noncitizen spouses present in the United States facing the predicament described above. According to DHS: “This program is designed to address specific humanitarian needs and significant public benefits, particularly focusing on family unity for military families and other qualifying individuals.”
The announcement outlined the eligibility criteria as follows:
- The individual must be present in the United without admission or parole;
- The individual has been continuously present in the United States for at least 10 years as of June 17, 2024;
- The individual has a legally valid marriage to a U.S. citizen as of June 17, 2024; and
- The individual must not have disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.
According to USCIS, noncitizen children of spouses who are granted parole under this new program may also be considered for the same parole under this process if they have been physically present in the United States and have a qualifying stepchild relationship with a U.S. citizen parent, as of June 17, 2024.
The parole-in-place program will allow noncitizen spouses who would otherwise have to depart the United States to adjust status and thereby trigger a 3 to 10-year immigration bar, to remain in the U.S. via parole and apply for adjustment of status within the U.S. where they can continue living with their children and U.S. citizen spouse.
As of today’s date, USCIS has not released further information on what forms, filings, supporting documentation, or fees will be required to participate in this process. According to the announcement, these details will become available when the application process opens later this summer.
In the News from ABIL
The Department of Homeland Security announced that the designation of Yemen for Temporary Protected Status (TPS) has been extended and redesignated for 18 months, ending on March 3, 2026. DHS also announced work authorization relief for F-1 students from Yemen.
Visa Bulletin: No Further Retrogression in EB-3 Category for August
The bulletin notes that although retrogression has not been necessary for August in the EB-3 category, it will likely be necessary to either retrogress the final action date or make the category “Unavailable” in September.
The proposed regulatory changes would require covered employers to submit the 9-11 Biometric Fee for all extension-of-stay petitions, regardless of whether a Fraud Fee applies, so as to include extension-of-stay petitions that do not involve a change of employer. The 9-11 Biometric Fee would continue to apply unchanged to petitions seeking an initial grant of status.
USCIS Seeks Comments on Revisions to Application for Employment Authorization
Comments are due by August 12, 2024.
The Department of Labor’s Office of Foreign Labor Certification (OFLC) released technical notes that explain how OFLC will apply the 2018 Standard Occupational Classification structure to Occupational Employment and Wage Statistics wages for the July 2024 through June 2025 wage year.
DOS Clarifies Guidance on Easing the Nonimmigrant Visa Process for College Graduates
On June 18, 2024, the Biden administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college in the United States and have a job offer. As part of this initiative, the Department of State clarified existing guidance to consular officers related to when they should consider recommending that the Department of Homeland Security grant a waiver of ineligibility, where applicable.
USCIS Issues New Policy Guidance on Noncompliance With EB-5 Regional Center Program U.S. Citizenship and Immigration Services has issued policy guidance, effective immediately, on new provisions in the Immigration and Nationality Act that cover consequences for noncompliance with the EB-5 immigrant investor regional center program.
USCIS Publishes FAQs on H-1B Nonimmigrant Status
U.S. Citizenship and Immigration Services released frequently asked questions that address common questions by individuals in H-1B nonimmigrant status, particularly related to applying for lawful permanent resident status, job changes or terminations, international travel, and dependent family members.
The Department of Homeland Security (DHS) announced that the designation of Somalia for Temporary Protected Status (TPS) has been extended and redesignated for 18 months, to March 17, 2026. DHS also announced work authorization relief for F-1 students from Somalia.
USCIS Updates Public Information on International Entrepreneur Rule
U.S. Citizenship and Immigration Services (USCIS) recently updated its public information under the International Entrepreneur Rule.
DHS Adds Environmental Economics to STEM Designated Degree Program List
The Department of Homeland Security has amended its Science, Technology, Engineering and Mathematics Designated Degree Program List by adding “Environmental/Natural Resource Economics” to the qualifying fields of study
White House Orders Deferred Enforced Departure for Certain Lebanese Nationals
President Biden issued a memorandum directing the deferral, for 18 months, of the removal of any Lebanese national who is present in the United States on July 23, 2024, with a few exceptions.
USCIS Increases Investment and Revenue Thresholds Under International Entrepreneur Rule
In a final rule effective October 1, 2024, U.S. Citizenship and Immigration Services will increase the investment and revenue thresholds under International Entrepreneur Rule, as required every three years. The application fee will not change.
U.S. Citizenship and Immigration Services will select additional registrations for unique beneficiaries to reach the FY 2025 regular cap numerical allocation. USCIS will make the selections from previously submitted electronic registrations using a random selection process.
U.S. Citizenship and Immigration Services has extended the expiration date of Form I-9, Employment Eligibility Verification, to 05/31/2027.
USCIS Releases Stats on O-1A Visas, National Interest Waivers, and EB-2 Receipts Since 2022 Guidance
U.S. Citizenship and Immigration Services has reported movement in the numbers of O-1A and EB-2 visa applications and approvals since Biden administration guidance was released in early 2022, along with an overall increase in applications for national interest waivers, although the approval rate for the latter declined. The approval rate for both O-1A and EB-2 applications remained at 90 percent or above in fiscal years 2018 through 2023.
DOS Issues Notice of Class-Wide Relief in Emami Litigation
The Department of State announced class-wide relief to begin August 12, 2024, following litigation, “to allow certain visa applicants who were refused visas under Presidential Proclamation 9645…to receive a one-time, non-transferable fee credit to submit a new visa application and (for eligible class members) to have the option to get a prioritized visa appointment.”
CIS Ombudsman Expands Nationwide Reach With Regional Representatives
The Citizenship and Immigration Services Ombudsman has expanded its reach across the United States with four regional representatives based in Los Angeles (Western), Dallas (Central), Boston (Northeast), and Orlando (Southeast).
Visa Bulletin Reports on Availability of Employment-Based Visas in September
The Department of State’s Visa Office has released the Visa Bulletin for September 2024.
U.S. Citizenship and Immigration Services has completed its second random selection to reach the FY 2025 H-1B regular cap numerical allocation.
DC Circuit Court Upholds H-4 Spousal Work Authorization
The D.C. Circuit upheld the authority of the Department of Homeland Security to grant work authorization to spouses of certain H-1B workers.
DOS Releases FY 2025 Diversity Visa Results
The Kentucky Consular Center in Williamsburg, Kentucky, has registered and notified the selectees who are eligible to participate.
U.S. Citizenship and Immigration Services issued an update to its policy on Ukrainian employees with parole.
Parole Process Paused for Cubans, Haitians, Nicaraguans, and Venezuelans
The Department of Homeland Security has temporarily paused the issuance of advance travel authorizations for new Cuban, Haitian, Nicaraguan, and Venezuelan beneficiaries while it reviews the supporter application process.
USCIS Provides Fact Sheet on STEM Petition Trends in EB-2 and O-1A Categories
U.S. Citizenship and Immigration Services has provided a fact sheet on science, technology, engineering, and mathematics (STEM) petition trends in the EB-2 and O-1A categories in fiscal years 2018 to 2023.
California Service Center Moves to New Address
U.S. Citizenship and Immigration Services announced that on August 12, 2024, the California Service Center will move to a new address.
OFLC Announces Upcoming Final Decommission of Permanent Online System
The legacy Permanent (PERM) Online System, which provides public access to permanent labor certification applications and final determinations, will be fully decommissioned on December 1, 2024.
State Department Visa Bulletin
To view the August 2024 Visa Bulletin from the State Department: click here.