• by Santhosh Rao

INTRODUCTION 

August and September 2024 were very active months for US Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous US Immigration matters including: 

1. USCIS Started Implementing the “Parole in Place” Program
2. State Department’s September 2024 Visa Bulletin Summary 
3. State Department’s October 2024 Visa Bulletin Summary
4. Annual Limit has Reached in the EB-2 Category
5. USCIS Extended the Green Card Validity Extension to 36 Months for Green Card Renewals

We at GLF post regular updates on our Google, LinkedIn, Twitter, and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s various social media handles for August and September 2024.  

USCIS STARTED IMPLEMENTING THE “PAROLE IN PLACE” PROGRAM 

On August 19, 2024, DHS implemented “Keeping Families Together”, allowing certain noncitizen spouses and stepchildren of U.S. citizens to request “Parole in Place” under existing statutory authority. USCIS began accepting requests from eligible individuals on the same date. DHS estimates that 500,000 noncitizen spouses and 50,000 stepchildren of U.S. citizens could be eligible to access “Keeping Families Together”.  

Individuals must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. The filing fee is $580, and no fee waiver requests will be accepted. 

If granted parole, these noncitizens may apply for adjustment of status to that of a lawful permanent resident without being required to leave the United States and be processed by a U.S. consulate overseas.  

In order to be eligible for consideration, noncitizen spouses of U.S. citizens must: 

1. Be present in the United States without admission or parole; 
2. Have been continuously physically present in the United States since at least June 17, 2014; 
3. Have a legally valid marriage to a U.S. citizen on or before June 17, 2024; and  
4. Submit biometrics and have no disqualifying criminal history. 

Noncitizen stepchildren: 

1. Have been under the age of 21 and unmarried on June 17, 2024; 
2. Be present in the United States without admission or parole; 
3. Have been continuously physically present in the United States since at least June 17, 2024; 
4. Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before their 18th birthday; and 
5. Submit biometrics and have no disqualifying criminal history. 

STATE DEPARTMENT’S SEPTEMBER 2024 VISA BULLETIN SUMMARY  

State Department issued the September 2024 Visa Bulletin and here are the highlights:  

• Adjustment of Status for Family Sponsored filing must use the Dates of Filing Chart and Employment Based filing must use Final Action Dates chart.  
• Final action dates (October 22, 2015) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India have not changed. 
• Final actions date (November 15, 2021) and Dates for Filing (June 15, 2024) for Family sponsored F2A category India have not changed.  
• Final Action dates (February 01, 2022) and Dates for Filing (February 08, 2022) for EB-1 category India have not changed.  
• Final action dates (July 15, 2012, ) and Dates for Filing (July 22, 2012) for  EB-2 category India have not changed  
• Final action dates (October 22, 2102) and Dates for Filing (November 01, 2012) for EB-3 category India have not changed. 
• Final action dates (January 01, 2021) and Dates for Filing (February 01, 2021) for Certain Religious Workers India have not changed 
• The DV-2024 annual limit will be reduced to approximately 54,843. 

STATE DEPARTMENT’S OCTOBER 2024 VISA BULLETIN SUMMARY  

State Department issued the October 2024 Visa Bulletin and here are the highlights:  

• Adjustment of Status for Family Sponsored filing as well as Employment Based filing must use the Dates of Filing Chart.  
• Final action dates (October 22, 2015) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India have not changed. 
• Final action dates for Family sponsored F2A category India have advanced from November 15, 2021, to November 22, 2021, and Dates for Filing have advanced by a month from June 15, 2024, to July 15, 2024.  
• Final Action dates EB-1 category (February 01, 2022) have not changed, and Dates for Filing for India have advanced from February 08, 2022, to April 15, 2022.  
• Final action dates EB-2 category (July 15, 2012) has not changed, and Dates for Filing for India have advanced from July 22, 2012, to January 1, 2013. 
• Final action dates EB-3 category has advanced from October 22, 2012, to November 1, 2012, and Dates for Filing have also advanced for India from November 01, 2012, to June 8, 2013. 
• Final action dates for Certain Religious Workers are marked as Unauthorized and Dates for Filing for India (February 01, 2021) have not changed. 
• The EB-4 Non-Minister Religious Worker program will become unavailable on September 30, 2024, unless it is reauthorized by legislation. 
• The DV-2025 annual limit will be reduced to approximately 51,350. 

ANNUAL LIMIT HAS REACHED IN THE EB-2 CATEGORY 

The U.S. Department of State on Monday announced that all EB-2 visas for fiscal year 2024 have been issued. The Immigration and Nationality Act (INA) restricts the number of employment-based preference immigrant visas issued each fiscal year. Under INA 203(b)(2), the annual limit for EB-2 visas is set at 28.6 percent of the worldwide employment limit. As a result, no more EB-2 visas will be issued until the new fiscal year on October 1, 2024. 

USCIS EXTENDED THE GREEN CARD VALIDITY EXTENSION TO 36 MONTHS FOR GREEN CARD RENEWALS

USCIS announced that effective September 10, 2024, it would be automatically extending the permanent resident card for 36 months for Lawful Permanent residents who file for an application to Replace Permanent Resident Card (Form I-90). Prior to this announcement, the validity period was a 24-month extension of validity. The extension period is calculated from the date of expiration noted on the green card. Form I-90 receipt notices are updated with the new language for qualifying individuals. On Sept. 10, USCIS began printing amended receipt notices for individuals with a pending Form I-90. The receipt notice can be used alongside the expired Green Card as proof of continued legal status.  

If an individual no longer has a Green Card or additional proof of lawful permanent resident status is needed while awaiting receipt of a replacement Green Card, individuals can request an appointment at USCIS field office. For qualifying individuals, an Alien Documents, Identification, and Telecommunications (ADIT) stamp may be issued following the filing of Form I-90. For mailing address changes while awaiting a pending application, the individual’s USCIS online account should be updated. 

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At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails, and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate facts from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters.  We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all of our earlier GLF Newsletters on our website