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Immigration News Briefs

Provided by Humera Subhani

February 2024

The Department of State (DOS) announced that beginning January 1, 2024, certain categories of interview waivers are in the national interest. As a result, consular officers will continue to have the authority and discretion to waive an in-person interview.

According to the announcement, the interview waiver authorities now cover:

First time H-2 visa applicants (temporary agricultural and non-agricultural workers); and
Other nonimmigrant visa applicants applying for any nonimmigrant visa classification who:
Were previously issued a nonimmigrant visa in any classification, unless the only prior visa was a B visa; and
Are applying within 48 months of their most recent nonimmigrant visa’s expiration date.

Note: The authority has now been expanded to all nonimmigrant categories, but an individual is no longer eligible if their only prior visa issuance was a B visa. DOS reminds stakeholders that applicants renewing a nonimmigrant visa in the same classification within 48 months of the prior visa’s expiration date will continue to be eligible for interview waiver until further notice.

Additional Eligibility Requirements: To be eligible for an interview waiver, applicants must also meet certain legal requirements, including:

Applying in their country of nationality or residence
Never having been refused a visa (unless the refusal was overcome or waived)
Having no apparent or potential ineligibility

Organizational accounts and online filing for I-129

USCIS is launching online organizational accounts and making Form I-129, Petition for a Nonimmigrant Worker, available for online filing for H-1B petitioners for fiscal year (FY) 2025.

All legal representative account holders and all organizations with an H-1B registrant account, as well as new users, will experience new account enhancements, including improved design and case management features. H-1B petitioners will be able to file Forms I-129 and associated Form I-907 premium processing requests online through their organizational account, have a legal representative file online on their behalf, or file a paperbased Form I-129. The H-1B registration process is only available online.

Policy guidance for international students

USCIS issued policy guidance regarding the F and M student nonimmigrant classifications, including the agency’s role in adjudicating applications for employment authorization, change of status, extension of stay, and reinstatement of status for these students and their dependents in the United States.

This guidance consolidates existing policy. USCIS expects that this will provide welcome clarity to international students and U.S. educational institutions on a wealth of topics, including eligibility requirements, school transfers, practical training, and on- and off-campus employment.

For example, the guidance clarifies that F and M students must have a foreign residence that they do not intend to abandon, but that such students may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay.

In addition, the guidance specifies how F students seeking an extension of optional practical training (OPT) based on their degree in a STEM field may be employed by startup companies, as long as the employer adheres to the training plan requirements, remains in good standing with E-Verify, and provides compensation commensurate to that provided to similarly situated U.S. workers, among other requirements.

APPLICATION FINAL ACTION DATES FOR FEBRUARY 2024

FAMILY	India	Pakistan/Bangladesh
1st	01Jan15	01Jan15
2A	08Feb20	08Feb20
2B	01Oct15	01Oct15
3rd	**22Apr09**	**22Apr09**
4th	05Nov05	22May07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Sep20	Current
2nd	01Mar12	15Nov22
3rd	**01Jul12**	01Sep22
Other	01Jul12	01Sep20
4th	15May19	15May19
5th	01Dec20	Current1B

DATES FOR FILING VISA APPLICATIONS - FEBRUARY 2024

FAMILY	India	Pakistan/Bangladesh
1st	01Sep17	01Sep17
2A	01Sep23	01Sep23
2B	01Jan17	01Jan17
3rd	01Mar10	01Mar10
4th	22Feb06	01Mar08

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jan21	Current
2nd	15May12	15Feb23
3rd	01Aug12	01Feb23
Other	01Aug12	15Dec20
4th	01Sep19	01Sep19
5th	01Apr22	Current1B