Articles Discussing Employment-Related Visas.

Takeaways

USCIS issued updated policy guidance on 1/15/25 on how it will evaluate candidates for EB-2 immigrant visas seeking a National Interest Waiver (NIW). USCIS will be more closely scrutinizing a candidate’s qualifications, profession, experience, and support letters. These changes will make it more difficult to obtain NIWs in

U.S. Citizenship and Immigration Services (USCIS) has announced that as of January 7, 2025, the additional returning H-2B worker allotment of 20,716 visas for the first half of fiscal year (FY) 2025 (October 1, 2024, to March 31, 2025) has been exhausted.

U.S. Citizenship and Immigration Services (USCIS) has announced that it will be utilizing the final action dates chart for the upcoming February 2025 Visa Bulletin. This update reflects slight progression in priority dates for certain countries and visa categories from the final action dates chart in the January 2025 Visa

The Department of State (DOS) revised the J-1 Skills List, which lists home countries to which foreign nationals are subject to a two-year foreign home residency requirement.

The 37 countries that have been removed from the J-1 Skills List are: Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile,

The Department of Homeland Security (DHS) has issued a Final Rule for the H-2A and H-2B temporary worker programs that will become effective on Jan. 17, 2025.

The Rule is aimed at modernizing the regulations governing the H-2A and H-2B temporary worker programs — programs that are essential for

On December 18, 2024, the U.S. Department of Homeland Security (DHS) published the final version of the H-2 program modernization rule. The final rule amends DHS regulations for both H-2A (temporary agricultural workers) and H-2B (temporary nonagricultural workers). While the final rule harmonizes many of the provisions between the programs,

On Dec. 18, 2024, USCIS released the Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Final Rule. First proposed in October 2023, the Biden Administration has been urged to finalize the rule. The rule codifies certain USCIS guidance by regulation. The regulation

On December 18, 2024, the U.S. Department of Homeland Security (DHS) will publish the long-awaited second portion of its H-1B modernization rule. The draft rule, which was originally published for notice and comment on October 23, 2023, was broken into two parts by DHS so that the provisions concerning the

On December 9, 2024, through publication in the Federal Register, the U.S. Department of State announced a major shift in the policy governing the Exchange Visitor Skills List. This shift removes the two-year home residency requirement for J-1 Visa holders from 34 countries, including Malysia, China, India, South Korea, Saudi

On December 9, 2024, the U.S. Department of State updated the J-1 Exchange Visitor Skills List, revising the countries subject to the two-year foreign residence requirement. The updated Exchange Visitor Skills List is effective immediately and applies retroactively.

The January 2025 Visa Bulletin shows no change from the December 2024 Visa Bulletin in the dates for filing in any listed category. Final action dates show slight advancement for EB-2 and EB-3 for some countries/categories. U.S. Citizenship and Immigration Services (USCIS) will accept applications for adjustment of status based

The U.S. Supreme Court held in Bouarfa v. Mayorkas, No. 23-583 (Dec. 10, 2024), that one cannot appeal a U.S. Citizenship and Immigration Services (USCIS) revocation of an approved visa petition in federal court because such revocation is a discretionary agency decision, thus not subject to judicial review.

This decision

On December 2, 2024, the Department of Homeland Security (DHS) and the Department of Labor (DOL) published a temporary final rule (TFR) making nearly 65,000 more H-2B visas available for fiscal year (FY) 2025.  DHS has indicated that these “supplemental visas are aimed at helping U.S. employers who are unable