Immigration Updates August/September 2024
As summer winds down and the school year begins, we hope everyone is enjoying a productive and joyful fall season. With the upcoming elections, it's important to ensure you have the most current information regarding your immigration status.
USCIS News
In our last newsletter we were pleased to announce that in June, President Biden passed an executive order that would benefit the undocumented spouses and children of US citizens by allowing them to apply for “Parole In Place” status, which would then allow them to obtain permanent residency without having to take the extreme risk of departing the U.S. The order was announced on June 18, 2024 and USCIS began accepting applications for this program on August 19, 2024. However, on August 26, 2024, a judge in the 5th Circuit issued an order which placed the program on hold.
As of now, USCIS is not accepting new applications under the program, and applications that were filed between August 19 and August 26 are not being decided at this time.
O-1 Filing Locations Randomized
Historically O-1 petitions are filed at either the USCIS California Service Center or the USCIS Vermont Service Center. The filing location was determined by where the petitioner is located. Earlier this year, USCIS started centralizing O-1 filings, and requiring that all O-1 petitions be sent to the USCIS Texas Service Center, where they would then be transferred to either the California Service Center or Vermont Service Center based on where the petitioner was located. Under this system, processing times at each service center were fairly predictable - with Vermont processing faster than California on average.
However, recently, USCIS started randomizing which cases are forwarded to California and which are forwarded to Vermont, apparently based on the workload at each service center. This means that we don’t know which service center the O-1 case will end up with, and therefore we can only provide the very broad estimated processing time of anywhere from 2-6 months. Anyone who needs a case processed faster must use USCIS’ Premium Processing service, which guarantees that USCIS will approve the petition or request additional evidence within 15 business days. The USCIS Premium Processing fee is $2,805.
I-90 Receipts Extend Validity for 36 Months
When a permanent resident applies to renew a green card, USCIS will issue a receipt notice confirming that the application is pending. The receipt will now serve as proof of permanent residency for 3 years or until USCIS issues the new green card.
Immigrant Visas Not Issued in September
On August 27, 2024 The US State Department confirmed that the number of immigrant visas that could be issued in Fiscal Year 2024 had been reached and that DOS would not be issuing any further immigrant visas during the months of August and September 2024. DOS will resume issuing immigrant visas on October 1, 2024, which is when the new USCIS fiscal year begins.
EB-1 Priority Dates
The Visa Bulletin for the USCIS Fiscal Year has been released. Unfortunately this has not led to a relief of the backlog in the EB-1 category for citizens of China, as the priority date remains at January 1, 2023. However, we do see an advance for citizens of India, which has advanced to April 15, 2022. Therefore, any national of India with an EB-1 priority date of April 15, 2022 or earlier, will be eligible to apply for adjustment of status in October 2024.
Recent Approvals
In August and September, we have had O-1’s approved for: a Prevention and Counter Violent Extremism Consultant, a CEO, an Entrepreneur, a 3D Designer and Animator, an Actor, an Actor & Model, a Russian Bath Brush Master, 2 Composers, 3 Editors, an Executive Producer, a Graphic Designer, an Interior Designer, a Musician, a Musician/Social Media Influencer, a Photographer, 4 Producers, 2 Singers, a Tarot Artist and Spiritual Coach, a Ventriloquist, 2 VFX Artists, a Writer, a Writer/Film Festival Programmer, a Pianist, and a band from Iran, Germany, Austria, Russia, Spain, Taiwan, France, Italy, China, Costa Rica, India, UK, Ukraine, Australia, Canada, Japan and Brazil.
We had EB-1 approvals for an Actor, a Dancer/Choreographer, a Makeup Artist, a Software Developer, a UX Designer, 2 VFX Artists, an Author, a Writer/Producer and a Project Manager from Australia, China, Russia, Belarus, Canada and Brazil.
And last but not least, we have a British Producer who became a US citizen!
Join Us for a Live Stream: How the Upcoming Election Could Affect Extraordinary Ability Visa Cases
Join us on Thursday, October 10, 2024 at 10am PST and 4pm PST to answer questions about what the upcoming elections could mean for your O-1 or EB-1 case.
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If you currently hold an O-1 visa, are in the process of applying for an O-1 extraordinary ability visa or green card, or are considering it, this event is for you. We’ll cover the potential impact of the upcoming election on extraordinary ability and entertainment visas, along with practical tips to help you prepare for any changes ahead.
When you register, you'll have the chance to submit your own questions ahead of time, and we'll do our best to address them during the event.
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Need to Speak with an Attorney?
If you have questions for our attorneys or would like to discuss renewing or extending your O-1, please provide your email address and we’ll get in touch with you about your request as soon as possible.
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