Weekly Immigration Update: December 7–14, 2023
December 14, 2023
In immigration news this week:
- United States: U.S. Citizenship and Immigration Services (USCIS) has confirmed that it has received enough cap petitions to fill the 85,000 slots available for new H-1B employment in the current fiscal year. The Departments of Homeland Security, Labor, and State have issued their new regulatory agendas, which set forth each agency’s rulemaking priorities and timelines for the coming months. According to the State Department’s January 2024 Visa Bulletin, there will be a significant movement for EB-1 India and EB-5 India, and strong movement across most other employment-based categories. USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s January 2024 Visa Bulletin.
- Canada: Immigration, Citizenship and Refugees Canada (IRCC) has revised several key requirements and policies for international students.
- Ireland: The Minister for Justice has issued a Travel Confirmation Notice to facilitate travel of non-EU/European Economic Area nationals with expired residence permission in Ireland who are seeking to travel during the holiday period.
- Indonesia: The Ministry of Law and Human Rights issued a new regulation that expands activities allowed for visa-exempt nationals and implements some restrictive Investor Limited Stay Permits (ITAS) rules, among other provisions.
- Vietnam: In anticipation of the new labor market testing requirements that will take effect on January 1, 2024, local companies must register with the Department of Labor, Invalids and Social Affairs (DOLISA) before they can publish any job postings.
- Israel/Palestinian Territories: Israel has resumed accepting 'U.S. Tourist Approval' applications for dual nationals holding U.S. and Palestinian citizenship. Access our consolidated alert for updates – this alert will be updated on an ongoing basis – please check the alert frequently. Also check our dedicated page for relevant information.
- Minimum salary updates: Malta will increase its minimum salary levels in 2024. See our consolidated alert for details.
- Ireland: Citizenship applications for minors can now be processed online. See our news brief for details.
- European Union/Schengen Area: Slovakia has extended internal border checks into January 2024. See our consolidated alert for details.
These items and other news from Australia, Canada, Mainland China, Estonia, Israel, Kuwait, Oman, the Philippines, Qatar, the United States, and Uruguay follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
Australia, December 14, 2023
Migration Strategy Commits to Simplifying Immigration System and Creating New Visa for Skills Shortages
The Australian government has released its Migration Strategy, which provides a roadmap to the significant long-term reforms to be implemented starting in 2024, including, among other developments:
- A New Skills in Demand visa with three pathways based on the foreign worker’s proposed earnings in Australia);
- Streamlined labour market testing requirements;
- System-wide simplification of immigration processes;
- A new agency to identify skills needs; and
- A new points system for permanent skilled migration.
Through the reforms, the government intends to address skills needs and promote worker mobility, reshape permanent skilled migration to drive long-term prosperity, raise the standards for international students, support regional Australia and its workers, and simplify the migration system.
To view entire article, click here.
Indonesia, December 14, 2023
New Law Expands Activities Allowed for Visa-Exempt Nationals; Implements Some Restrictive ITAS Rules
The Ministry of Law and Human Rights issued a new regulation which amended several immigration laws. Key changes include:
- the expansion of permitted activities for visa-exempt nationals and those eligible for visas-on-arrival;
- increased monetary requirements for individuals who are part of a foreign company who are applying for Investor Limited Stay Permits (ITAS) and Permanent Stay Permits; and
- increased minimum property value requirements for individuals applying for Second Home Visas.
To view entire article, click here.
United States, December 13, 2023
H-1B Cap Is Reached for FY 2024
- USCIS has announced that it has received enough cap petitions to fill the 85,000 slots available for H-1B employment in the current fiscal year.
- Earlier this year, USCIS conducted two separate lottery selections, in March and in July, to select enough cap registrations to meet the quota.
- The agency will not run a third cap lottery selection for H-1B employment in FY 2024.
To view entire article, click here.
United States, December 12, 2023
January 2024 Visa Bulletin Update: USCIS to Honor Dates for Filing for Employment-Based Categories
Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s January 2024 Visa Bulletin.
To view entire article, click here.
Vietnam, December 12, 2023
Company Registration Websites and Additional Details Now Available for Forthcoming Market Testing Requirements
- In anticipation of the new labor market testing requirements that will go into effect on January 1, 2024, local companies are reminded that they must register with the Department of Labor, Invalids and Social Affairs (DOLISA) before they can publish any job postings.
- Each provincial DOLISA has started to publish the recruitment portals for local companies to register. Companies should have the necessary credentials registered on the portal associated with their respective provincial DOLISA in advance to reduce delays in their immigration processes once the labor market testing requirements come into effect.
To view entire article, click here.
United States, December 11, 2023
January 2024 Visa Bulletin: Significant Movement for EB-1 India and EB-5 India, Strong Movement Across Most Other Employment-Based Categories
- The EB-1 India Final Action Date will advance by three years and eight months, to September 1, 2020, and the Date for Filing will advance by a year and a half, to January 1, 2021.
- The EB-1 China Final Action Date will advance by four and a half months, to July 1, 2022, and the Date for Filing will advance five months, to January 1, 2023.
- The EB-2 Final Action Date for India will advance by two months, to March 1, 2012, and the EB-2 China Final Action Date will advance by approximately nine weeks, to January 1, 2020. Final Action Dates for the remaining countries in EB-2 will advance by three and a half months, to November 1, 2022.
- The EB-3 Professional/Skilled Worker Final Action Dates will advance by over 7 months for China, to September 1, 2020, and by one month for India, to June 1, 2012. Final Action Dates for the remaining countries in the category will advance by eight months, to August 1, 2022.
- The EB-5 India Unreserved Final Action Date will advance by almost two years, to December 1, 2020, while the EB-5 China Unreserved Final Action date will advance by nine weeks, to December 8, 2015.
To view entire article, click here.
Ireland, December 11, 2023
New Document Issued to Facilitate Travel for Non-EU/EEA Residents
- The Minister for Justice has issued a Travel Confirmation Notice to facilitate travel of non-EU/European Economic Area nationals with expired residence permission in Ireland who are seeking to travel during the holiday period.
- The Notice requests transportation carriers, such as airlines, to allow these individuals to travel on their recently expired (up to eight weeks) Irish Residence Permit (IRP) card provided the individual has already applied to renew their permission in advance of the expiration date of their IRP card.
- The Notice is valid from December 6, 2023 to January 31, 2024.
- The issuance of the Notice is expected to allow individuals to travel outside Ireland, who would otherwise not be able to do so due to governmental processing delays.
To view entire article, click here.
Canada, December 8, 2023
Increased Cost-of-Living Requirements and Other Policy Updates for International Students Announced
- Immigration, Citizenship and Refugees Canada (IRCC) has revised requirements and policies for international students.
- Starting January 1, 2024, the cost-of-living requirement for study permit applicants will increase to CAN 20,635, up from the current CAN 10,000 for a single applicant.
- Additionally, IRCC has updated temporary policies for international students that were set to expire at the end of 2023. These include:
- Extension of the policy that allows eligible international students to work off-campus in Canada for more than 20 hours, until April 30, 2024; and
- Extension of the policy allowing international students to not have the time spent studying outside of Canada deducted from the duration of their Post-Graduate Work Permit (PGWP), until September 1, 2024.
To view entire article, click here.
United States, December 7, 2023
Immigration Agencies Announce Their Fall 2023 Regulatory Plans
- The Department of State plans to implement the limited H-1B domestic visa renewal pilot program in February 2024.
- U.S. Citizenship and Immigration Services has delayed to April 2024 the publication of a final rule that would increase filing fees for immigration benefit applications and petitions, including the fee for registration of candidates for the annual H-1B cap lottery.
- The Department of Labor has dropped a rule from its agenda that would have raised prevailing wages in several nonimmigrant programs and in the PERM labor certification program.
To view entire article, click here.
Other weekly news briefs
Australia, December 12, 2023
Changes to Labour Market Testing Requirements Implemented
Canada, December 14, 2023
2024 International Experience Canada Program Now Open
Mainland China, December 14, 2023
Improvements for Foreign Permanent Resident Identification Cards
Estonia, December 8, 2023
Applications Now Possible for 2024 Work Permit Quotas
Israel, December 8, 2023
More Flexibility for Construction and Agriculture Work Permits as Bilateral Agreement Scheme Suspended
Kuwait, December 11, 2023
Relaxed Immigration Law Forthcoming
Oman, December 13, 2023
Temporary Suspension of New Visa Applications for Bangladeshi Nationals
Philippines, December 8, 2023
Resumption of In-Person Requirements for Emigration Clearance Certificates and Applicants of Spousal Visas
Qatar, December 12, 2023
New Application Service Announced for Converting Family Residence Permits into Work Residence Permits
United States, December 14, 2023
DHS Publishes FR Notice Extending TPS Re-registration Periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan
United States, December 12, 2023
Presidential Proclamation Bars U.S. Entry of Noncitizens Enabling Corruption
Uruguay, December 13, 2023
Holiday and Work Visa for UK Nationals Forthcoming
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.