Impact of New Legislation on the Healthcare Industry, DACA Update, F1 Travel Tips, & More
Diversity Visa Program for FY2026 Opens Soon
The Department of State has announced the opening of the Diversity Visa (DV) Program for Fiscal Year 2026, starting on October 4, 2024. This program provides 55,000 immigrant visas to individuals from countries with low immigration rates to the United States. Successful applicants are randomly selected, offering an opportunity for businesses to recruit from a pool of diverse international talent. Submissions for the DV lottery must be completed before the November 7, 2024 deadline.
Monty & Ramirez LLP can assist employers and foreign nationals in assessing eligibility and navigating the application process for the Diversity Visa Program. Our experienced attorneys can provide tailored guidance to ensure timely and accurate filings, helping businesses tap into this valuable resource for international workforce recruitment. Reach out to us for support throughout the DV application journey.
Impact of New Immigration Policies on Florida and Texas Hospitals
Recent legislation in Florida and Texas is affecting how hospitals handle patients’ immigration status, requiring them to collect data on whether patients are documented or undocumented. This has led to concerns that some undocumented individuals might avoid seeking necessary healthcare, potentially leading to worsened public health outcomes. Hospitals must comply with these data collection requirements, which could increase their administrative workload.
For employers in the healthcare sector, these changes may influence workforce dynamics as hospitals adjust to new compliance requirements. It is essential for organizations to stay informed about these policies and their implications for healthcare access and staffing. Monty & Ramirez LLP can provide guidance on navigating these legal changes.
Traveling as an International Student: Key Considerations
As the holiday season approaches, international students studying in the U.S. may be planning trips either domestically or abroad. If you plan to travel outside of the U.S., ensure that you have a valid visa, passport, and your Form I-20 (or DS-2019 for exchange visitors) signed by your Designated School Official (DSO) for re-entry. Without the proper documents or an updated SEVIS status, you may face challenges when trying to return.
For those traveling domestically, carrying proof of your immigration status, such as your passport, Form I-94, and I-20, is a good practice to avoid complications. Monty & Ramirez LLP is available to assist international students with the necessary paperwork and ensure their travel plans are compliant with immigration laws. Whether you are traveling within the U.S. or abroad, reach out to us for guidance to ensure a smooth holiday travel experience.
Additionally, recent restrictions have limited study abroad opportunities for F-1 visa holders. According to updated guidelines, F-1 students are now required to spend at least half of their academic program in the U.S. to maintain their visa status, impacting those seeking to participate in international study programs.
DACA Update
The Deferred Action for Childhood Arrivals (DACA) program continues to face legal challenges, with the latest court case placing its future in jeopardy. On September 13, 2023, Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas reaffirmed a previous ruling that DACA is unlawful. Although this decision does not immediately impact current DACA recipients, oral arguments are scheduled for October 10, 2024, as the case heads to appeals.
Despite these legal hurdles, individuals with active DACA status can continue renewing their protections and work permits for the time being. If your employees are impacted by these developments, Monty & Ramirez LLP can assist with renewal applications and provide guidance on next steps as this case continues through the courts.
USCIS Change of Address Options: Key Updates
As of July 25, 2024, the process for updating addresses with USCIS has changed, according to AILA’s High Impact Adjudications Assistance (HIAA) Committee. All noncitizens must notify USCIS within 10 days of moving by submitting Form AR-11, Alien’s Change of Address, either online through their USCIS account or by mailing a paper form. It’s important to note that updating your address with the U.S. Postal Service will not automatically update your USCIS address, as USPS will not forward USCIS correspondence.
Employers and individuals handling immigration matters should be aware of this updated process, as failure to notify USCIS of an address change could result in delays or missed communications. Additionally, specific processes remain in place for certain cases, such as VAWA, U/T visa holders, and FOIA requests. Our firm can guide you through the new USCIS address change procedures to ensure compliance and avoid disruptions in case processing.
USCIS Extends Green Card Validity to 36 Months for Renewals
Effective September 10, 2024, U.S. Citizenship and Immigration Services (USCIS) has extended the validity period of Permanent Resident Cards (Green Cards) from 24 to 36 months for lawful permanent residents who file Form I-90 to renew an expiring or expired card. Individuals who file Form I-90 will now receive a receipt notice that serves as evidence of their continued lawful permanent resident status for 36 months past the expiration date of their original Green Card.
For those awaiting a replacement card, the updated receipt notice, along with the expired Green Card, will provide proof of lawful status in the U.S. In the event that a Green Card is lost or misplaced, applicants can request an Alien Documentation, Identification, and Telecommunications (ADIT) stamp from USCIS. This extension provides significant relief to applicants, ensuring they maintain proof of status while their renewal applications are processed. For more details or assistance with the renewal process, please contact Monty & Ramirez LLP.
October 2024 Visa Bulletin – Final Action Dates
USCIS will use the Final Action Dates chart for employment-based green card filings in October 2024.
Employment-Based Visa Categories
| Category | All Chargeability | China (Mainland) | India | Mexico | Philippines |
|---|---|---|---|---|---|
| EB-1 | C | 08NOV22 | 01FEB22 | C | C |
| EB-2 | 15MAR23 | 22MAR20 | 15JUL12 | 15MAR23 | 15MAR23 |
| EB-3 | 15NOV22 | 01APR20 | 01NOV12 | 15NOV22 | 15NOV22 |
| Other Workers | 01DEC20 | 01JAN17 | 01NOV12 | 01DEC20 | 01DEC20 |
| EB-4 | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 |
| Religious Workers | U | U | U | U | U |
| EB-5 Unreserved | C | 15JUL16 | 01JAN22 | C | C |
| EB-5 Set-Asides (Rural, High Unemployment, Infrastructure) | C | C | C | C | C |
Note: “C” = Current, “U” = Unavailable
Questions About Your Immigration Case?
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