Cozen O’Connor Immigration Catch Up: October 2023 | Cozen O’Connor

Cozen O’Connor Immigration Catch Up: October 2023 | Cozen O’Connor

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EXECUTIVE OVERVIEW

October 2023 not solely supplied superb Halloween costumes however large updates to the USA and world immigration. The Cozen O’Connor catch-up this month highlights these modifications and offers the small print that you must decide how or if these modifications influence you and what you are promoting.

In the USA, the Division of State (DOS) has a proposal to allow H-1B visa holders to resume their visas in the USA (this program had been discontinued in 2004). The U.S. Citizenship and Immigration Providers (USCIS) issued a coverage memo clarifying sure components of the L-1 course of and, most importantly, launched a proposed rulemaking to amend its present laws to modernize the H-1B visa program. As well as, the brand new kind I-9 turns into obligatory as of November 1, 2024, and the USCIS issued coverage steering relating to the two-year international residence requirement for J nonimmigrants.

In worldwide immigration information, Israel was formally admitted into the Visa Waiver Program (VWP) in September 2023, however the rollout date was moved earlier to October 19, 2023, in mild of the present scenario within the Center East.

UNITED STATES IMMIGRATION UPDATES

Visa revalidation
  • DOS has drafted a Federal Register discover (Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the USA for Sure Certified Noncitizens), which is at present being reviewed by the Workplace of Info and Regulatory Affairs.
  • This program could be restricted to H-1B principal holders solely and open for 20,000 candidates.
  • It’s at present slated for an early 2024 rollout.
What this implies to you
  • H-1B visa stamps are solely required to re-enter the USA. Usually, international nationals departing the U.S. should safe a visa at a consulate/embassy of their house nation, which takes time. With this program, H-1B principal visa holders will be capable to get hold of a brand new visa within the U.S. previous to departure, which can save time and stress for worldwide journey.
USCIS Memo relating to L-1 sole proprietorship
  • New L-1 coverage steering clarifying 2 factors:
    • A sole proprietorship will not be the Petitioning Employer when submitting an L-1 Petition on behalf of its proprietor.
    • The replace distinguishes a sole proprietor from a self-incorporated petitioner (e.g., an organization or a restricted legal responsibility firm with a single proprietor).
    • The Petitioning Employer’s existence can not rely on the person looking for the L-1 visa. The entity should exist utterly separate and other than its proprietor.
    • For added data, please see the alert by Frances Rayer and Beth Olivera, “USCIS Affords Clarification of Coverage on L-1 Petition.”
What this implies to you:
  • When analyzing the connection between the U.S. entity and international entity, it’s important to make sure that the connection adheres to this new clarification by the USCIS.
New Type I-9 required as of November 1, 2024
  • As of November 1, 2024, employers should guarantee they’re using the brand new model of Type I-9 (the one dated 08/01/23).
  • Employers may start to remotely look at workers’ Type I-9 paperwork supplied they’re enrolled in E-Confirm.
USCIS points steering relating to 2-year international residency requirement
  • For background, sure J-1 visa holders are required to fulfill a international residency requirement the place they have to be bodily current of their nation of nationality or final authorized residence overseas for an mixture of not less than two years earlier than they’re eligible to use for an immigrant visa, adjustment of standing, or a nonimmigrant H, L, or Ok visa.
  • In abstract, the USCIS simply clarified how you can calculate the two-year time in sure conditions, together with the place a journey day, the place a fraction of the day is spent within the nation of nationality or final residence, counts in the direction of the two-year international residency requirement.
  • In abstract, watch out when calculating this time interval and make sure that all time spent exterior is validated by this newest memo.

And final however definitely not least…

Proposed modifications to the H-1B visa program
  • On October 23, 2023, the Division of Homeland Safety (DHS) launched a discover to amend present laws to modernize the H-1B visa program.
  • Public feedback are at present being accepted till December 22, 2023.
  • Main updates to the H-1B visa program embody:
    • Revising the regulatory definition of “specialty occupation” to make it extra clear, permitting for a wider vary of qualifying levels whereas sustaining the requirement that the diploma have to be immediately associated to the provided place
    • Offering steering to adjudicators to defer to prior determinations when no underlying info have modified,
    • Increasing cap-exempt standing to sure nonprofit entities,
    • Proposal to increase the cap-gap extension interval for college students altering standing from F-1 to H-1B,
    • Probably updating the H-1B cap choice course of to learn these with sure credentials.

GLOBAL IMMIGRATION UPDATES

Israel Visa Waiver Program (VWP) – UPDATE
  • As of October 19, 2024 (moved up from November 1, 2024), Israeli residents will be capable to apply on-line for the ESTA visa to the USA via the ESTA cellular app or on-line.
  • The US has formally admitted Israel into the Visa Waiver Program (VWP), referred to as the Digital System for Journey Authorization (ESTA).
  • For the primary time, residents of Israel can apply for an ESTA visa to the USA, enabling them to safe a two-year customer visa to the USA that may be renewed indefinitely.
  • The ESTA visa is not a piece authorization visa, nor does it entitle the ESTA holder to work authorization.

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