Mark A Ivener, A Law Corporation

October 2024 Immigration Law Update


Important Changes in U.S. Immigration – What You Need to Know

As we move through October, several important updates in U.S. immigration law could impact your status or the status of your employees. Staying informed about these changes is crucial to ensuring a smooth process for immigration-related applications and petitions. Below are the most significant updates that may affect you:

USCIS Rejecting a Higher Number of Alien Worker Petitions:

Recently, the U.S. Citizenship and Immigration Services (USCIS) has reported an increase in rejected I-140 Immigrant Petitions for Alien Workers. These rejections are mostly due to filing errors, such as missing fees or incomplete forms. USCIS has provided guidance to help avoid these mistakes. If you’re preparing to file an I-140 petition, ensure all sections are filled out accurately and that the correct fees are paid, including any required asylum-related fees. Submitting everything correctly from the start can save time and avoid delays in your immigration process.

1. Qatar Added to Visa Waiver Program:

Starting December 1, 2024, citizens of Qatar will be able to travel to the U.S. for up to 90 days for business or tourism without needing a visa from a U.S. Consulate or Embassy. This inclusion in the Visa Waiver Program (VWP) simplifies travel for Qatari nationals. For companies conducting business with Qatari nationals or employing Qatari nationals, this change will ease travel logistics.

2. Green Card Renewals Extended to 36 Months:

USCIS has extended the validity period for green cards (permanent resident cards) from 24 to 36 months for those who have filed for renewal. If you’re waiting on a green card renewal, the extension on your current card will now cover you for an additional year, providing peace of mind. This is a welcome change for many green card holders facing uncertainty due to processing delays. Be sure to keep your Form I-90 receipt, as this document now serves as proof of your continued status.

3. EB-5 Integrity Fund Fee Due by October 1:

If you’re involved in the EB-5 Regional Center Program, remember that the Integrity Fund Fee for 2025 is due by October 1, 2024. This fee helps maintain the oversight and compliance of the program, ensuring its integrity. Fees vary, with most centers paying $20,000 and smaller ones paying $10,000 if there are 20 or more investors. Missing this deadline could result in penalties, so make sure everything is filed on time.

Global Immigration News

Canada Simplifies Work Permit Process for Provincial Nominees:

Canada has introduced a new, easier process for people nominated under the Provincial Nominee Program (PNP) to get work permits while waiting for their permanent residency to be approved. If you were nominated for PNP and have a valid work permit (or had one that expired after May 7, 2024), you may be able to get an open work permit. This means you can work in Canada while your permanent residency application is being processed.
To apply for this work permit, you will need:

  1. A letter from your province or territory confirming you are part of the PNP process.
  2. A letter from your current employer showing you are still working.

This program makes it easier for people to stay employed while waiting for their immigration status to change to permanent. It’s important to make sure you have all the correct paperwork. This temporary policy is available until December 31, 2024, but it might end earlier.
This change helps businesses keep skilled workers and gives PNP candidates more job security while they wait for their Canadian permanent residency.

What This Means for You:

These changes highlight the need for timely and accurate filings in immigration processes. Whether you’re an individual navigating your status or a business managing foreign employees, staying informed is key. Make sure you’re aware of deadlines, new procedures, and extensions that may apply to your situation. If you have any questions or need assistance with your immigration needs, don’t hesitate to reach out to us for tailored advice.

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