Weekly Immigration Update: March 29–April 4, 2024
April 4, 2024
In immigration news this week:
- United States: U.S. Citizenship and Immigration Services (USCIS) has completed the FY 2025 H-1B cap selection process, and notified all employers of the selection results. If USCIS does not receive enough H-1B cap petitions for unique beneficiaries during the April 1 to June 30 filing period to meet the 85,000 H-1B annual limit, the agency may conduct one or more subsequent lottery selections to reach the limit. A Temporary Final Rule by the Department of Homeland Security again increases the automatic extension period for certain employment authorization documents (EADs) to up to 540 days, from 180 days.
- United Kingdom: Effective April 4, minimum salaries under the Skilled Worker Route increased, the Immigration Salary List has replaced the Shortage Occupation List, and sponsored workers can now perform a wider range of work outside of their sponsored work.
- Canada: The Post-Graduation Work Permit restriction for international students under a curriculum licensing arrangement program will start earlier than planned – on May 15, 2024, rather than the previously announced date of September 1, 2024. See our alert for details.
- Israel: Foreign nationals in the non-expert category within the industrial sector can continue to have their prospective employers submit work permit applications on their behalf until April 14. See our news brief for details.
- Kenya: The Kenya Department of Immigration Services Foreign Nationals Portal (eFNS) is operational again. See our news brief for details.
- Worldwide: A number of countries have finalized government closure dates for the upcoming Eid-al-Fitr holiday. See our alert for details.
- Minimum salary updates: Greece has increased its national minimum wage, and the United Kingdom has increased salary requirements for several immigration pathways. See our consolidated alert for details.
These items and other news from Belgium, Canada, Iraq, Ireland, Israel, Italy, Saudi Arabia, South Africa, and the United States follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, April 4, 2024
USCIS Revives 540-Day Auto-Extension for Certain EAD Renewals
- U.S. Citizenship and Immigration Services (USCIS) will again temporarily increase the automatic extension period of expiring Employment Authorization Documents (EADs) for certain EAD renewal applicants, from the current maximum of 180 days to a temporary new maximum of 540 days from the expiration date stated on the EAD.
- The longer auto-extension period will be available to eligible foreign nationals with Form I-765 renewal applications that were timely filed on or after October 27, 2023 and still pending as of April 8, 2024, and to eligible applicants who file EAD renewal applications between April 8, 2024 and September 30, 2025.
To view entire article, click here.
Belgium, April 4, 2024
Changes to Immigration Policy for Foreign National Workers in the Flanders Region
The Flanders Region has made substantial changes to its immigration policy applicable to foreign workers, which will enter into force on May 1, 2024. Key changes include:
- New work permit exemptions;
- Shortage occupation and labor market testing rule restrictions; and
- Relaxed educational qualification requirements for EU Blue Card holders and intracompany transferees, among others.
To view entire article, click here.
United Kingdom, April 4, 2024
Restrictive Salary Changes in Effect on April 4, 2024
- As of April 4, 2024, minimum salaries under the Skilled Worker Route have increased; the Shortage Occupation List has been replaced by the Immigration Salary List; and sponsored workers can now perform a wider range of work outside their sponsored work.
- These changes – many of which make it more difficult and more expensive to attract and retain foreign talent – are part of a broader policy package which seeks to reduce net migration to the United Kingdom.
To view entire article, click here.
Ireland, April 3, 2024
21-Month Eligibility Period Rules Relaxed for Stamp 4 Applications
- Effective April 3, 2024, Ireland is once again allowing individuals who have completed 21
- months of employment on the basis of a Critical Skills Employment Permit, to apply for a Stamp 4 permission, regardless of the date that they registered their Stamp 1 permission with the Department of Justice.
- Further, individuals residing in Ireland on the basis of a Hosting Agreement as a Researcher or holding a Multi-site General Employment Permit as a Non-Consultant Hospital Doctor can also now apply for a Stamp 4 permission upon completion of 21 months of employment.
- Additionally, General Employment Permit holders can now apply for a Stamp 4 permission after completing 57 months of employment.
- The relaxation of this requirement reduces the likelihood that prospective Stamp 4 applicants will need a second permit or hosting agreement in order to satisfy the 21-month eligibility period.
To view entire article, click here.
United States, April 2, 2024
Travel Planning for F-1 Students on OPT or Awaiting a Change of Status to H-1B
- If you are an F-1 student who has applied for or is working on optional practical training (OPT) or who will be the beneficiary of a petition to change status to H-1B in this year’s H-1B cap filing season, make sure you understand the risks and requirements of international travel.
- Unpredictability at U.S. consulates and in the conditions of host countries are always a risk with travel abroad and may delay visa applications and/or reentry to the United States.
- Traveling abroad while awaiting a change of status to H-1B could affect your F-1 status, your ability to change status, and your ability to reenter the United States.
To view entire article, click here.
United States, April 1, 2024
USCIS Completes FY 2025 H-1B Cap Selection Process
- The annual quota of 85,000 H-1B cap beneficiaries was met in the initial registration period for employment in FY 2025, according to USCIS. The precise number of cap registrations submitted has not yet been disclosed.
- The agency has completed the regular and advanced-degree selection lotteries, and has notified employers of selection results. Employers will need to log into their H-1B cap registration accounts to learn which beneficiaries were selected.
- H-1B cap selection notices indicate an April 1 to June 30, 2024 petition filing period.
- If USCIS does not receive enough H-1B cap petitions for unique beneficiaries during this filing period to meet the 85,000 H-1B annual limit, the agency may conduct one or more subsequent lottery selections to reach the limit.
To view the entire article, click here.
Other weekly news briefs
Canada, April 2, 2024
Permanent Residence Filing Fees Increased
Iraq, April 3, 2024
Electronic Portal Implemented to Process Visit Visas for Business
Israel, April 4, 2024
Deposit Withholding Now Required for Employers in Infrastructure Sector
Italy, April 3, 2024
EU Blue Card Professional Experience Pathway Now Available, Labor Market Testing and Other Rules Clarified
Saudi Arabia, March 29, 2024
Saudization Requirements Increased for Consulting Sector
South Africa, April 2, 2024
Amendments Overhauling Immigration System Implemented
United States, April 4, 2024
USCIS Announces New Guidance on Form I-693 Medical Exam Validity Period
United States, April 3, 2024
U.S. Provides Third Gender Option on Application for Citizenship
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.