Weekly Immigration Update: February 9–15, 2024

United States, February 15, 2024
President Biden Announced Deferred Enforced Departure for Palestinians

• The White House has designated Palestinians for Deferred Enforced Departure (DED).
• The DED order blocks removal of certain Palestinians from the United States for 18 months, and instructs the Department of Homeland Security to provide employment authorization to eligible DED beneficiaries.
• The order also directs DHS to consider relaxing employment rules for Palestinian F-1 students.
• A forthcoming notice in the Federal Register will provide implementation details.

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United Kingdom, February 14, 2024
India Young Professional Scheme Ballot to Open February 20, 2024

• The UK Home Office has announced that the next ballot for the India Young Professional Scheme will open on February 20, 2024 and close on February 22, 2024.
• The scheme is reciprocal – nationals of each country can apply to live, study, travel and work in each other’s country.
• At this time, there is no official announcement of a February 2024 ballot from the government of India; however, the government usually announces ballots closer to the date they will open. Fragomen will report on any developments.

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South Africa, February 13, 2024
Public Comment Requested on Draft Amendments to Overhaul Immigration Regulations

• The Department of Home Affairs (DHA) is seeking public comments on draft immigration regulation which would overhaul the South African immigration system. The draft proposes to:
  • introduce a point-based system for assessing work visas;
  • create a digital nomad visa;
  • formalize the rules surrounding visitor visas for the spouses, parents, and children of South African nationals or permanent residents;
  • modify guidance on certificates of registration; and
  • formalize police clearance documentation requirements.
• Individuals and employers interested in submitting comments must do so by March 29, 2024.
• After this period, the DHA will review and potentially change the amendments based on the comments, after which time the amendments will become law.

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United Kingdom, February 12, 2024  
Updated Right to Work Guidance Published

On February 8, 2024, the Home Office issued updated employer guidance on right to work (RTW) checks. This includes:

• updates to the civil penalty amounts for employers who violate RTW check rules;
• updated processes for employers who become aware of European Economic Area (EEA) national employees (or a non-EEA family member of an EEA national) who have been continuously employed since June, 30, 2021 but have not applied to the EU Settlement Scheme and otherwise have no right to work or reside in the United Kingdom; and
• additional steps to be taken by employers conducting RTW checks for individuals being hired for ‘supplementary employment’ (which is employment in a role separate from the job for which a person has been sponsored).

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United States, February 12, 2024
March 2024 Visa Bulletin: Modest Movement for EB-1 India and China and Worldwide EB-2 and EB-3 Professionals USCIS to Honor Final Action Dates for Employment-Based Categories

• The EB-1 China Final Action Date will advance by two weeks to July 15, 2022, and the EB-1 India Final Action Date will advance by one month to October 1, 2020.
• The EB-2 Final Action Date for all countries except India and China will advance by one week, to November 22, 2022. India and China will remain unchanged at March 1, 2012, and January 1, 2020, respectively.
• The EB-3 Professional/Skilled Worker Final Action Dates for India and China will remain the same at July 1, 2012, and September 1, 2020, respectively.
• The EB-5 China and India Unreserved Final Action Dates will remain at December 15, 2015 and December 1, 2020, respectively.

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