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Immigration Replace – December 11, 2023

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Immigration Replace – December 11, 2023

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Headlines:

OFLC Pronounces Annual Willpower of H-2A Labor Provide States for U.S. Employee Recruitment – The Division of Labor’s Workplace of Overseas Labor Certification (OFLC) Administrator has decided that present necessities for labor provide states will stay in impact, with one modification: OFLC will now not acknowledge North Carolina and Texas as conventional labor provide states for the state of Michigan.

USCIS Releases Employment-Based mostly Adjustment of Standing FAQs – U.S. Citizenship and Immigration Providers launched incessantly requested questions on employment-based adjustment of standing.

State Dept. Points Ultimate Rule to Eradicate Casual Evaluations of Immigrant Visa Candidates’ Household Members – Efficient January 8, 2024, the Division of State is amending its immigrant visa rules by eradicating the part permitting a consular officer to conduct an off-the-cuff analysis of the relations of an immigrant visa applicant to determine potential grounds of ineligibility.

Particulars:

OFLC Pronounces Annual Willpower of H-2A Labor Provide States for U.S. Employee Recruitment

The Division of Labor’s Workplace of Overseas Labor Certification (OFLC) Administrator has decided that present necessities for labor provide states (LSS) will stay in impact, with one modification: OFLC will now not acknowledge North Carolina and Texas as conventional labor provide states for the state of Michigan.

DOS stated that this LSS willpower was efficient December 7, 2023, for employers who haven’t commenced recruitment after receiving a Discover of Acceptance. The willpower will stay legitimate till the OFLC Administrator publishes a brand new willpower on the OFLC web site.

OFLC defined {that a} 2022 H-2A Ultimate Rule carried out a brand new course of for the OFLC Administrator’s LSS determinations. LSS are further states wherein an employer’s job order might be circulated and, if acceptable, the place further recruitment could also be required. Earlier this yr, the OFLC Administrator solicited public enter about LSS and associated recruitment mechanisms. Determinations embrace explicit areas of the US wherein a big variety of certified staff have been recognized and who, if recruited by further optimistic employer recruitment actions, can be keen to make themselves obtainable for work within the state.

Particulars:

Again to Prime

USCIS Releases Employment-Based mostly Adjustment of Standing FAQs

On December 8, 2023, U.S. Citizenship and Immigration Providers (USCIS) launched incessantly requested questions (FAQs) about employment-based (EB) adjustment of standing.

USCIS famous that the EB annual restrict for fiscal yr (FY) 2024 might be greater than was typical earlier than the pandemic, however decrease than it was in FYs 2021-2023. USCIS stated it’s devoted to utilizing as many obtainable employment-based visas as doable in FY 2024, which ends on September 30, 2024.

Particulars:

  • USCIS FAQs (Dec. 8, 2023).

Again to Prime

State Dept. Points Ultimate Rule to Eradicate Casual Evaluations of Immigrant Visa Candidates’ Household Members

Efficient January 8, 2024, the Division of State (DOS) is amending its immigrant visa rules by eradicating the part permitting a consular officer to conduct an off-the-cuff analysis of the relations of an immigrant visa applicant to determine potential grounds of ineligibility.

DOS defined that the prevailing regulation was promulgated in 1952, when a consular officer might extra readily assess a member of the family’s potential qualification for a visa with out a formal visa software. “Assessing eligibility for an immigrant visa is now a extra advanced job and never one which will be achieved precisely with an off-the-cuff analysis,” DOS stated.

Particulars:

Again to Prime

 

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