Weekly Immigration Update: September 22–28, 2023

United States, September 28, 2023
FY 2025 Diversity Visa Lottery Registration Opens October 4

• Entrants have from Wednesday, October 4, 2023 at noon EDT until Tuesday, November 7, 2023 at noon EST to register online at the State Department’s official Diversity Visa lottery website.
• Lottery applications must conform to the State Department’s strict requirements.

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United States, September 27, 2023
USCIS Increases Maximum Validity Period to Five Years for Several Categories of EADs, Including Adjustment of Status EADs  

• Effective immediately, USCIS is increasing the maximum validity period of Employment Authorization Documents (EADs) in several work authorization categories to five years, from a maximum of one or two years under its prior policy.
• The new five-year maximum validity will apply to both initial and renewal EADs issued in connection with pending adjustment of status applications and in connection with certain humanitarian classifications or protection from removal.
• The policy change will apply to Forms I-765 that are pending on or filed on or after September 27, 2023.

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United States, September 27, 2023
Israeli Nationals Eligible for Visa Waiver Program Starting November 30

• Starting November 30, 2023, Israeli nationals will be able to apply for travel to the United States as B-1/B-2 visitors under the Visa Waiver Program (VWP). If deemed eligible, they will not need a visa from a U.S. consulate for their business visitor or tourist travel.
• Business visitors under the VWP are permitted to engage in allowable B-1 business activities in the United States for no more than 90 days.
• VWP applicants must submit their applications at least 72 hours in advance of travel using the online application system, Electronic System for Travel Authorization (ESTA).

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United States, September 25, 2023
Starting October 1, USCIS Eliminates Biometrics Fee and Routine Biometrics Collection for I-539 Applicants

• Form I-539 applications to change or extend nonimmigrant status that are postmarked on or after October 1, 2023 will not require a biometrics fee and in most cases, will not be scheduled for a biometrics appointment.
• USCIS is following through with its previously stated commitment to remove biometrics collection as a standard requirement for the Form I-539 process.
• In some cases, USCIS may still determine that biometrics are required, so applicants should attend any scheduled biometrics appointments.

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United States, September 25, 2023
DHS Extends and Redesignates Afghanistan for Temporary Protected Status; Extends Relaxed Employment Options for Afghan F-1 Students

• The Department of Homeland Security (DHS) has extended and redesignated Afghanistan for Temporary Protected Status (TPS), from November 21, 2023 to May 20, 2025.
• The registration period for new TPS applicants will run from September 25, 2023 to May 20, 2025. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
• Current Afghan TPS beneficiaries who wish to extend their benefits will be required to re-register between September 25, 2023 and November 24, 2023. Those whose current EADs will expire before receiving a new one will receive an automatic extension through November 20, 2024.
• DHS is also extending the relaxation of certain employment authorization rules for Afghan students in F-1 status who are experiencing severe economic hardship as a direct result of the current armed conflict and humanitarian crisis in Afghanistan.

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Vietnam, September 22, 2023
Amendment to Labour Decree 152 Affecting Foreign Nationals Issued

The Vietnamese government has introduced its amendment to Decree 152 (issued in the form of new Labour Decree No. 70) impacting various aspects of Work Permit applications and requirements. Key changes include:

• An update to the degree and experience requirements for foreign experts and technicians, now placing greater emphasis on relevant experience rather than the degree's major.
• From January 1, 2024, sponsoring entities will need to submit proof of a labor market test at least 15 days before seeking to hire a foreign national.
• Department of Labor, Invalids and Social Affairs and the Ministry of Labor, Invalids and Social Affairs have been identified as the sole authorities for the approval, issuance, and management of foreign labor demands, work permits, and exemption certificates.

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