Home > Magazine > Immigration > Immigration News Briefs

Immigration News Briefs

Provided by Humera Subhani

October 2024

Keeping Families Together program challenged

Sixteen Republican-led states, led by Texas and America First Legal (Stephen Miller, president of America First Legal), filed a complaint to block DHS’s Keeping Families Together parole-in-place program which was announced in June 2024 and implemented on August 19, 2024. The rule allows for humanitarian parole and a path to permanent residency for certain immigrant spouses of U.S. citizens without them having to leave the country.

As of August 26, 2024, due to a court order currently in effect, USCIS may accept Keeping Families Together parole applications but may not approve them. USCIS has stated that it will continue to schedule biometric appointments.

F/M Nonimmigrant Student classification update

On August 27, USCIS updated guidance in the USCIS Policy Manual regarding when students may be eligible for optional practical training (OPT) extensions for Science, Technology, Engineering, and Mathematics (STEM) fields. This guidance, found in Volume 2, Part F, of the Policy Manual, also provides clarifying guidance for F/M nonimmigrant students concerning online study, school transfers, the grace period, and study abroad.

The Policy Manual update:

Clarifies that students may count one class or three credits (or the equivalent) per academic session (or the equivalent) toward a full course of study if they take the class online or through distance learning not requiring physical attendance for any purpose integral to completion of the class.
Explains that students may transfer between U.S. Immigration and Customs Enforcement (ICE), Student and Exchange Visitor Program (SEVP)-certified, schools at the same educational level, or move between educational levels.
Explains that, during the 60-day grace period following an authorized period of post-completion of OPT, students may change their education level, transfer to another SEVP-certified school, or file an application or petition with USCIS to change to another nonimmigrant or immigrant status.
Clarifies that students may be eligible for postcompletion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program.
Corrects the period during which students may apply for STEM OPT extensions and makes other technical corrections. Specifically, A student may apply for a STEM OPT extension no earlier than 90 days before the current OPT expires and must apply within 30 days of the designated school official (DSO) making the STEM OPT recommendation in SEVIS. Prior to this, F-1 students had 60 days from the date the recommendation was made in SEVIS.
Clarifies that a student enrolled in a SEVP-certified school during a study abroad program may remain active in the Student and Exchange Visitor Information System if the study abroad program lasts less than five months, but that the student will need a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, if the program lasts longer than five months.

This guidance is effective immediately and applies to requests pending or filed on or after the publication date.

APPLICATION FINAL ACTION DATES FOR OCTOBER 2024

FAMILY	India	Pakistan/Bangladesh
1st	22Oct15	22Oct15
2A	22Nov21	22Nov21
2B	01May16	01May16
3rd	01Apr10	01Apr10
4th	01Mar06	01Aug07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Feb22	Current
2nd	15Jul12	15Mar23
3rd	01Nov12	15Nov22
Other	01Nov12	01Dec20
4th	01Jan21	01Jan21
5th	01Jan22	Current1B

DATES FOR FILING VISA APPLICATIONS - OCTOBER 2024

FAMILY	India	Pakistan/Bangladesh
1st	01Sep17	01Sep17
2A	15Jun24	15Jun24
2B	01Jan17	01Jan17
3rd	01Jul11	01Jul11
4th	15Jun06	01Mar08

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Apr22	Current
2nd	01Jan13	22Aug23
3rd	08Jun13	01Mar23
Other	08Jun13	22May21
4th	01Feb21	01Feb21
5th	01Apr22	Current1B