Immigration law is at the forefront of public dialogue these days. Womble Bond Dickinson’s Immigration Solutions team helps employers navigate high-stakes, constantly shifting immigration challenges to avoid potential problems and secure the talent they need to make their companies thrive. The following newsletter, drafted by Womble Bond Dickinson Immigration Solutions attorneys, covers some of the recent and most important developments in immigration law.

9/27/2023    The U.S. Department of Homeland Security (“DHS”) issued a final rule designating Israel into the Visa Waiver Program.  Beginning November 30, 2023, ESTA will be updated to allow citizens and nationals of Israel to apply to travel to the U.S. for tourism or business purposes for up to 90 days without first obtaining a U.S. visa.

9/27/2023    The U.S. Citizenship and Immigration Services (“USCIS”) announced that it is increasing the maximum validity period to five years for initial and renewal employment authorization documents (“EAD”) for certain noncitizens who are employment authorized incident to status or circumstance.  The agency also clarified that a Form I-94 may be used as evidence of both status and employment authorization for certain EAD categories that are employment authorized incident to status or parole.

9/25/2023    USCIS announced, beginning on October 1, there will be an exemption of the biometric services fee in filing the application to extend/change nonimmigrant status using Form I-539. Applicants do not need to pay the fee if their application is postmarked October 1 or later.  

9/25/2023    DHS announced that the designation of Afghanistan for Temporary Protected Status (“TPS”) will be extended for 18 months, from 11/21/23 through 5/20/25, as well as the redesignation of Afghanistan for TPS.

9/15/2023    USCIS determined that for October 2023 applicants in all family-sponsored and employment-based preference categories must use the Dates for Filing chart to determine visa availability.

9/12/2023    USCIS issued a Policy Alert regarding how it evaluates evidence in determining eligibility for extraordinary ability and outstanding professor or researcher first preference employment-based petitions.

9/8/2023    The U.S. Department of State (“DOS”) published the October 2023 Visa Bulletin, which includes notes on the scheduled expiration for EB-4 and employment-based visa availability for fiscal year 2024.

9/8/2023    DOS announced that it is developing the use of a digital visa authorization (“DVA”) to replace the traditional visa that is printed and placed in a passport. The U.S. Embassy in Dublin is conducting a limited DVA proof of concept with some K-1 visas.

9/8/2023    DOS announced that all available diversity visas have been issued for fiscal year 2023.

9/6/2023    DHS has launched a national campaign for noncitizens who are eligible to work in the U.S. but have not yet applied for an employment authorization document.  

9/6/2023    DHS published a notice redesignating South Sudan for TPS and extending its TPS designation for 18 months, from 11/4/23 to 5/3/25.

9/6/2023    DHS published a notice temporarily suspending certain employment requirements for F-1 students who are citizens of South Sudan.

9/5/2023    DOL’s Office of Foreign Labor Certification (“OFLC”) issued FAQs for employers affected by Hurricane Idalia, including information regarding communicating with employers and deadline flexibility.