Family Unity Parole Starts Soon, Visa Bulletin Updates, and More!
Extension of Temporary Halt on “Keeping Families Together” Program
On August 23, the U.S. District Court for the Eastern District of Texas issued an administrative stay order that temporarily halted approvals under the Parole in Place (PIP) Program for 14 days. On September 4th, the Eastern District Court of Texas extended the temporary halt on DHS’s “Keeping Families Together” Parole in Place (PIP) program adjudications until September 23, 2024. The court will revisit the case on September 23rd to determine whether the stay should remain in place or if the program can resume adjudicating applications. The extension continues to prevent DHS from granting parole to noncitizen spouses and stepchildren of U.S. citizens under the PIP program. Looking ahead, the court is expected to make a more definitive ruling in late September or early October on the legality of the program.
What This Means for Employers and Foreign Nationals:
While the U.S. District Court for the Eastern District of Texas has temporarily halted the program there are still opportunities for qualifying undocumented spouses and stepchildren of U.S. citizens to explore their eligibility. They can submit Form I-131F applications and attend scheduled biometrics appointments. However, given the ongoing litigation and uncertain timeline for resolving the court case, applicants should be aware that further delays in processing could occur, and it remains unclear how long approvals will remain paused.
It is vital for employers and foreign nationals to consult with experienced immigration counsel before moving forward with any applications under the PIP program. Should you have any questions about the program or the implications of this litigation for your workforce, please contact Monty & Ramirez LLP for guidance.
EB-1, EB-3, and EW Visa Categories Reach Annual Cap
The EB-1, EB-3, and EW employment-based visa categories have reached their annual cap for the fiscal year. This cap impacts visas for multinational executives, managers, skilled workers, professionals, and other workers, and no additional visas will be issued in these categories until the new fiscal year begins on October 1, 2024. Although U.S. Citizenship and Immigration Services (USCIS) will continue to accept applications, applicants should expect significant delays in processing and issuance.
For businesses that rely on foreign talent, the exhaustion of these visa categories highlights the importance of proactive workforce planning. Employers should consider exploring alternative employment-based visa categories, such as EB-2 for advanced degree professionals, or temporary work visas like H-1B or L-1 to meet staffing needs. Our firm is ready to assist in navigating these changes and identifying the best visa strategies for your company.
September 2024 Visa Bulletin – Family-Sponsored Preference Categories
USCIS is accepting green card applications based on the Dates for Filing Chart for September 2024.
Notably, individuals in Mexico’s F4 category (siblings of U.S. citizens) with a priority date on or before April 30, 2001, are now eligible to apply.
DATES FOR FILING – FAMILY-SPONSORED
| Category | All Chargeability | China (Mainland) | India | Mexico | Philippines |
|---|---|---|---|---|---|
| F1 | 01SEP17 | 01SEP17 | 01SEP17 | 01APR05 | 22APR15 |
| F2A | 15JUN24 | 15JUN24 | 15JUN24 | 15JUN24 | 15JUN24 |
| F2B | 01JAN17 | 01JAN17 | 01JAN17 | 01MAY05 | 01OCT13 |
| F3 | 01JAN11 | 01JAN11 | 01JAN11 | 15JUN01 | 08NOV03 |
| F4 | 01MAR08 | 01MAR08 | 15JUN06 | 30APR01 | 01APR06 |
New Fiscal Year Starts October 1st, 2024
As the new fiscal year begins on October 1, 2024, USCIS and the Department of State (DOS) will reset the annual visa quotas, allowing the issuance of employment-based and family-based green cards to resume. The reset includes 140,000 new employment-based visas for categories such as EB-1, EB-2, and EB-3, as well as any unused family-based visas from the previous year, creating additional opportunities for applicants. For businesses relying on foreign talent, this is a crucial time to submit applications and take advantage of newly available visa numbers.
During the new fiscal year, visa bulletins are updated, influencing when applicants can file or finalize their Adjustment of Status applications. This reset can also mean new processing times and visa availability for different countries and categories, offering some relief to applicants facing lengthy backlogs, particularly from countries with high demand like India and China. Employers should consult immigration counsel to navigate these changes effectively and ensure workforce planning remains on track.
What About the Other Biden Initiative? Streamlining the 212(d)(3) Waiver Process
On June 18, 2024, President Biden Announced Two New Actions to Keep Families Together.
The Parole in Place Initiative for certain spouses of US Citizens and Easing the Visa Process for US College Graduates, Including Dreamers.
Sarah Monty, Immigration Partner, will be hosting a webinar on Tuesday, October 1, 2024, at 6:00 pm to discuss the Other Biden Initiative – Easing the Visa Process for US College Graduates, Including Dreamers.
- What is involved in the Waiver Process?
- Who would qualify?
- What the Biden Administration as done so far to streamline the 212 (d) (3) option?
Sign up now to participate in the webinar!
Need legal help navigating these immigration changes?
📞 Call Monty & Ramirez LLP at 713-289-4546
📧 Email: info@montyramirezlaw.com
✅ We Know What Works.