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Fiscal Year 2026 Diversity Visa Lottery Open Through November 7, 2024

Ogletree Deakins·

On October 2, 2024, the U.S. Department of State opened the annual Diversity Visa (DV) lottery registration period for fiscal year (FY) 2026. The online registration program is free to all registrants, and the State Department will continue to accept registrations until noon EST on November 7, 2024.

Correction to Federal Register Notice: Fiscal Year 2026 Diversity Visa Lottery Closes on November 7, 2024

Ogletree Deakins·

On October 28, 2024, the U.S. Department of State announced a correction to an error in the Federal Register and thereby changed the deadline to register for the fiscal year (FY) 2026 Diversity Visa (DV) lottery from November 5, 2024, to November 7, 2024 , at noon EST. The lottery has

Fiscal Year 2026 Diversity Visa Lottery Open Through November 5, 2024

Ogletree Deakins·

On October 2, 2024, the U.S. Department of State opened the annual Diversity Visa (DV) lottery registration period for fiscal year (FY) 2026. The online registration program is free to all registrants, and the State Department will continue to accept registrations until noon EST on November 5, 2024.

November 2024 Visa Bulletin Shows No Advancement for Most Employment-Based Immigrant Visa Categories

Ogletree Deakins·

The November 2024 Visa Bulletin shows no changes from the October 2024 Visa Bulletin in the Dates for Filing or Final Action Dates in any listed category, with the exception of the fourth preference category for Certain Religious Workers. U.S. Citizenship and Immigration Services (USCIS) will accept

Nonimmigrant Visas 101 for Employers

Maynard Nexsen·

As employers look to enhance and strengthen their workforce, nonimmigrant visas can offer opportunities for hiring foreign national employees at all levels. When employers learn that applicants will need sponsorship for work authorization during the job application process, they will need to assess

2026 Diversity Visa: Are You Eligible?

Jackson Lewis P.C.·

The Online 2026 Diversity Visa (DV) Lottery for green cards is open until noon ET on Nov. 5, 2024. Eligibility requirements, application instructions, and frequently asked questions are on the DV Lottery website . Individuals from countries where more than 50,000 nationals have migrated to the Unite

USCIS: Automatic 36-Month Green Card Validity Extension for I-90 Renewals

Jackson Lewis P.C.·

As of September 10, 2024, USCIS will automatically extend the validity of Permanent Resident Cards (or “Green Cards”), for which a Form I-90, Application to Renew or Replace Permanent Resident Cards has been submitted, for 36 months . The previous automatic extension was for 24 months. Although Perm

High-Skilled Immigrants Saw Rise in Approvals for O-1A Visas, National Interest Waivers

Jackson Lewis P.C.·

In recent years, the landscape for high-skilled immigration to the United States has seen significant changes, particularly with the rise in approvals for O-1A visas and National Interest Waivers (NIW). This rise follows the Biden Administration’s 2022 favorable guidance aimed at welcoming high-skil

State Department Announces FY 2024 Visa Limits Have Been Reached for EB-1, EB-2, EB-3, EW, EB-4, and EB-5 Unreserved Categories

Ogletree Deakins·

The U.S. Department of State has announced that annual visa limits for fiscal year (FY) 2024 have been reached for the following employment-based categories: EB-1 , EB-2 , EB-3 , EW (other workers) , EB-4 , and EB-5 unreserved .

October 2024 Visa Bulletin Shows Some Advancement in Key Employment-Based Categories, Though EB-3 China Retrogresses

Ogletree Deakins·

The October 2024 Visa Bulletin has been released by the U.S. Department of State and shows some encouraging movement forward from last month in many key categories. However, EB-3 China retrogresses and there is some disappointing lack of movement in certain final action dates. Retrogression is less

How to Navigate FLAG System Updated for New H-2A Farmworker Visa Rule and Court Order

Jackson Lewis P.C.·

The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District Court for the District of Southern Georgia. That order prevents the DOL from e

DOL: Indefinite Delay in FLAG System Update for New H-2A Farmworker Visa Rule

Jackson Lewis P.C.·

The Department of Labor (DOL) has decided to delay updating its Foreign Labor Application Gateway, or FLAG, case processing system to implement revised H-2A job order and application forms for the new 2024 Farmworkers Protection Final Rule until further notice. For now, H-2A job orders and applicati

USCIS Updates Guidance for F-1 Students on OPT and STEM OPT Eligibility

Littler·

The F-1 nonimmigrant visa status allows noncitizens to study in the United States at U.S. colleges and universities. F-1 students may be eligible for off-campus employment under the following programs: Curricular Practical Training; Optional Practical Training (OPT); and Science, Technology, Enginee

Judge Blocks New DOL H-2A Farmworker Visa Rule in 17 States

Jackson Lewis P.C.·

Seventeen states joined in a suit in June to block the Department of Labor (DOL) from enforcing its new rule providing more protections to farmworkers employed as H-2A temporary visa holders. Now, Judge Lisa Godbey Wood of the U.S. District Court for the District of Southern Georgia has granted a

September 2024 Visa Bulletin Shows Continuing EB-3 Retrogression, Hope to Come in October

Ogletree Deakins·

As warned by the U.S. Department of State last month, the September 2024 Visa Bulletin shows major retrogression in EB-3 categories, and no advancement in any listed category.

H-1B Update: USCIS to Hold Second Round of Selections for FY 2025 H-1B Cap

Jackson Lewis P.C.·

Just as people were starting to lose hope, USCIS announced that it will soon hold a second round of selections for the FY 2025 H-1B cap. USCIS will randomly select additional registrations for unique beneficiaries from the previously submitted registrations. There will not be a separate selection pr

OFLC Announces H-2B Assignment Groups for First Half of FY 2025

Ogletree Deakins·

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has released assignment groups for H-2B applications requesting an employment start date of October 1, 2024.

Supreme Court Reaffirms Federal Courts Lack Authority to Review Visa Denials

Jackson Lewis P.C.·

In a 6-3 ruling in U.S. Department of State et al v. Munoz et al (Case Number 23-334), the Supreme Court of the United States (SCOTUS) reaffirmed the doctrine of consular nonreviewability ruling against a U.S. citizen’s spouse who argued that the federal government violated her due process rights by

DHS Proposes Higher 9-11 Response & Biometric Entry-Exit Fee for H-1B, L-1 Visas

Jackson Lewis P.C.·

Customs and Border Protection (CBP) published a proposed rule that will substantially increase the fees for certain H-1B and L-1 petitions. The agency plans to clarify that the 9-11 Response and Biometric Entry-Exit Fee (9-11 Fee) applies to initial filings and to all extensions for employers with a

Ups and Downs of Golden Visa Programs

Jackson Lewis P.C.·

The mixed results of their visa programs aimed at attracting foreign investors have some European countries reconsidering, even as the U.S. program continues. In 2022, the United States reauthorized its EB-5 Immigrant Investor Program for five years, until September 2027. The program allows foreign