Business Immigration Need to Know: Outlook for 2025

December 10, 2024
12:00 PM EST

Please join senior attorneys from Gibney’s Immigration Practice Group for a live virtual panel discussion to review the outlook for business immigration in 2025.

The panel will highlight potential changes at the executive, legislative, regulatory and sub-regulatory level in key areas including:

  • The H-1B program for professionals and high skilled workers
  • Employment pipeline for F-1 international students and STEM talent
  • Green card pathways including PERM and PERM-alternatives and prospects for a point- based system
  • Entrepreneurs and investors
  • Transfers of key personnel across jurisdictions
  • International travel impact and visa processing at US Consulates
  • Overall adjudication and processing timelines and fee considerations
  • Compliance considerations for employers, including LCA compliance, I-9 audits and site visits

The first of a quarterly series, the panel kick-starts our Strategic Immigration Task Force to monitor, respond to, and plan for resets in the business immigration landscape with the incoming Administration.

>>>Please register here.

 

Planning Ahead for Holiday Travel: 2024 Immigration Checklist

The holiday season is here and it is critical that foreign nationals plan ahead to minimize potential risk and delays with traveling abroad and entering the U.S. Our holiday travel checklist is designed to help foreign national employees and employers schedule appointments and gather required documentation in advance.

U.S. ENTRY: STATUS AND DOCUMENTATION CHECKLIST

  • Confirm the validity of passports for all travelers. Valid passports are required for all international travelers and accompanying family members, including U.S. and Canadian citizens. Renew passports in advance to ensure at least six months’ validity at the time of any visa application or entry to the U.S. Many countries allow renewal of passports by mail through their consulates or embassies in the U.S.
  • Carry all documents required for admission to the U.S. Upon entry to the U.S., some entrants may need to show additional evidence of work authorization or government approval in addition to a passport and valid visa stamp. Documents vary by visa classification but may include an original I-797, Approval Notice; endorsed Form I-129S; Advance Parole Document; Employment Authorization Document (EAD); Form DS-2019 with travel authorization; and/or endorsed Form I-20.
  • Verify the U.S. admission classification/expiration date. Upon entry to the U.S., foreign nationals should expect a U.S. Customs and Border Protection (CBP) officer to create an electronic I-94 record. At many Ports of Entry, CBP has stopped issuing a passport stamp. If a stamp is issued, ensure that the classification is correct and immediately alert CBP to any errors.
  • Review your I-94 record. After each entry to the U.S., foreign nationals should access and review the electronic I-94 record available on the CBP website. This is more important than ever, as CBP moves away from stamping passports at entry. Expiration dates for the I-94, underlying petition, or work permit may be different from the expiration date on the visa in the passport or on the passport stamp, if issued. Send Immigration Counsel a copy of your I-94. Notify Immigration Counsel as soon as possible if you notice any errors on your I-94 record.

CHECKLIST FOR FOREIGN NATIONAL EMPLOYEES (AND EMPLOYERS) WHO DO NOT HAVE A VALID VISA IN THEIR PASSPORT

International travelers should expect busy consulates and U.S. Ports of Entry. Foreign nationals may encounter long wait times when applying for a visa.

  • Consult with Immigration Counsel in advance. Immigration counsel can help to prepare for enhanced vetting and for the consular interview before you apply for a visa. Schedule consultations 60-90 days in advance whenever possible. Keep in mind that appointment wait times at U.S. consulates can range from a few days to a few months.
  • Check the Consulate’s website prior to travel. If you require visa issuance at a consulate abroad, review information on specific procedures regarding booking visa appointments and documentation required for visa interviews. Consular procedures vary widely and are subject to change with little notice.
  • Complete Form DS-160. This form is required for all visa applicants including dependent spouses and children of principal visa holders. Retain a copy of the final form at the time of submission. Many consulates require that the visa application be completed prior to scheduling a visa appointment.
  • Review your visa application/petition. Review the petition prepared by Immigration Counsel on your behalf prior to traveling, to ensure the accuracy of the information reported and consistency with visa applications.
  • Review your online profiles. This includes information in online employee profiles and company pages as well as social media profiles. Government officials at USCIS, consulates, and U.S. Ports of Entry review online profiles of visitors and foreign workers applying for benefits or seeking entry to the U.S.
  • Update company information. Employers should update company pages and sites such as Dunn & Bradstreet that may be referenced by immigration officers to verify employment or business information.
  • Gather employment verification. If you are applying for a temporary work visa, most consulates require current employment verification letters from employers. Request these letters in advance of travel to allow adequate time for Human Resources to prepare them. Maintain copies of recent paystubs as evidence of current employment.
  • Disclose any arrests/detainment to Immigration Counsel. Consult with Immigration Counsel if you have been arrested or detained by law enforcement, even if not charged/convicted. Consult with counsel before departing the U.S. or applying for a visa or any other immigration benefit. Citations, arrests or detentions may require disclosure on applications and may impact immigration status and/or eligibility for immigration benefits.
  • Check consulate wait times. Review the consulate website for visa appointments and processing times and alert Immigration Counsel immediately if visa issuance is delayed due to security or background clearance issues.
  • Confirm consulate holiday hours. Consulates abroad observe both U.S. and local country holidays and some offices may be short-staffed due to vacations.

*TIP for visa appointments:  If the consulate has long wait times, book an appointment at the earliest date possible and check the website regularly for newly released appointment times that are more desirable.

TRAVEL DOCUMENTS IF YOU DO Not NEED A VISA FROM THE CONSULATE

  • Visa Waiver Program travelers must have a valid ESTA approval. The Electronic System for Travel Authorization (ESTA) is a mandatory, online pre-screening system for Visa Waiver Program (VWP) travelers. ESTA is only available for travelers who are citizens of recognized VWP countries who wish to enter the U.S. for B-1 business/B-2 tourism purposes. VWP travelers must obtain a valid ESTA approval prior to travel, which may be valid for up to two years. Note that a new ESTA approval is needed when a VWP traveler obtains a new passport and/or changes his/her name or country of citizenship, and when answers to any of the VWP eligibility questions (e.g., regarding an arrest or visa denial) change.
  • Adjustment of Status applicants and Advance Parole travel documents. With the exception of some H and L visa holders, individuals with pending I-485, Adjustment of Status applications must have a valid original Advance Parole travel document issued prior to departing the U.S. Departing the U.S. without an Advance Parole may result in denial of the I-485 application. Note that the Advance Parole document must be valid when you depart the U.S. and valid when you return.

POTENTIAL IMPACT OF THE CHANGE IN PRESIDENTIAL ADMINISTRATION ON UPCOMING INTERNATIONAL TRAVEL

On January 20, 2025, President-elect Trump will take office and it is possible that the new Administration will quickly issue executive orders impacting immigration and international travel. While it is too soon to definitively determine what changes will emerge with the new Administration, potential early action may include executive orders restricting travel and entry to the U.S. by nationals of certain countries, as well as heightened scrutiny and security screening during the visa application process and at U.S. ports of entry.

  • Potential Travel Bans & Travel Restrictions. Early executive orders may include restrictions on entry to the U.S. for nationals of certain countries, including those who were subject to certain travel bans during the first Trump Administration such as: Iran, Iraq, Libya, Somalia, Sudan, Syria, Yemen, Venezuela, North Korea, and Chad. Individuals who are nationals or citizens of countries that may be subject to a potential future travel ban may consider returning to the U.S. before January 20, 2025.
  • Enhanced Scrutiny & Security Screening. Additional early action impacting immigration and international travel may include enhanced scrutiny and security screening during the visa application process (administrative processing) and heightened screening at U.S. ports of entry. Foreign nationals planning to travel and return to the U.S. on or after January 20, 2025 may consider consulting with Immigration Counsel before finalizing plans and departing the U.S., particularly nationals of countries subject to previous travel bans and nationals of China who may be at greater risk of administrative processing.

HELPFUL LINKS

For specific travel-related questions, please contact your Gibney representative or email info@gibney.com.

December 2024 Immigration Visa Bulletin: What Employers Need to Know

The Department of State released the December 2024 Visa Bulletin and USCIS will continue to accept employment-based Adjustment of Status applications based on the more advanced Dates for Filing chart. All employment-based categories pursuant to Dates for Filing will continue to hold steady with no advancement observed in December. The Final Action Dates chart also remains largely unchanged with the exception of very modest advancement for EB-2 and EB-3 India. which will move forward by two weeks and one week, respectively.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR DATES FOR FILING

USCIS confirmed that it will honor the Dates for Filing chart for purposes of eligibility to file an Adjustment of Status application. The Dates for Filing are as follows:

EB-1, First Preference Category

  • EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) remains current
  • EB-1 China: Dates for Filing will maintain a filing cutoff date of January 1, 2023
  • EB-1 India: Dates for Filing will maintain a filing cutoff date of April 15, 2022

 EB-2, Second Preference Category

  • EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will continue to hold steady at August 1, 2023
  • China: Dates for Filing will remain at October 1, 2020
  • India:  Dates for Filing will remain at January 1, 2013

EB-3, Third Preference Category (Professional and Skilled Workers)

  • EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico and Philippines) will maintain a filing cut-off date of March 1, 2023
  • China: Dates for Filing will hold steady at November 15, 2020
  • India: Dates for Filing will hold steady at June 8, 2013

Other Workers

  • Other Workers (including El Salvador, Guatemala, Honduras, Philippines and Mexico) will remain at May 22, 2021
  • China and India will remain at January 1, 2018 and June 8, 2013, respectively

EB-5, Fifth Preference Category (Immigrant Investors)

  • For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will hold steady at April 1, 2022 and China will maintain a cut-off date of October 1, 2016. All other countries will remain current
  • The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current

Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.

WHAT SHOULD EMPLOYERS EXPECT?  

Per the December Visa Bulletin, all employment-based categories pursuant to Dates for Filing will remain the same in December, with very modest movement observed under Final Action Dates for EB-2 and EB-3 India, as specified above. The Visa Bulletins issued by the Dept. of State for November and December have exhibited minimal movement which is likely attributed to high demand, quarterly allocation management by the Dept. of State, and processing backlogs, which may continue in the coming months. With increased timelines generally required to complete the green card process, Employers are advised to consider commencing PERM filings earlier and to proceed with the filing of Adjustment of Status applications as soon as applicants are eligible.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

Gibney Launches Special Strategic Immigration Task Force to Monitor and Respond to Future Challenges on Behalf of its Clients  

During the past few months, Gibney has observed the marked increase in anxiety from concerns surrounding the future of employment-based and family-based immigration. These concerns stem from current trends, hardships and injustices in global migration, but also the likelihood that significant changes will result from the outcome of the 2024 U.S. presidential election and subsequent congressional actions. In a climate where political rhetoric has often painted immigrants as a threat rather than a strength, it’s easy to feel that we’ve lost sight of the critical role immigrants play in the success of our nation. Despite the challenges of navigating an increasingly complex political environment, we at Gibney continue to stand strong in our defense of immigrants—whether they are skilled professionals, entrepreneurs, workers filling essential roles across industries, or beloved family members.

While it is too soon to tell with precision what changes will emerge with the incoming Republican administration, we are likely to see a sharpened focus on national security; potential changes in family-based immigration; stricter enforcement of immigration laws, including workplace enforcement; greater scrutiny on employment-based immigration; and efforts to reduce certain backlogs in the immigration system through stricter eligibility criteria. The trends we’ve witnessed as a nation and the needs of U.S. employers for highly skilled foreign talent remains strong, particularly in STEM fields. Disparities will continue to exist—and likely grow—between the demands of U.S. employers who must attract and retain foreign talent, and immigration laws and policies that can meet these employers’ needs.

Gibney’s close-knit group of immigration practitioners have many years of experience serving a wide array of corporate and individual clients with diverse needs across a range of industries. Our commitment remains constant: to ensure that U.S. businesses and individuals can continue to access the global talent pool necessary to fuel growth and innovation. As we face new challenges given the recent political shifts, it is critical that we help organizations understand and respond to the implications of a changing administration on their immigration strategies.

As such, Gibney has assembled a team of experts who will take a special role in supporting the specific needs of its valued clients so that they may effectively navigate the complexities of the system and understand how potential changes will impact them. The task force will deliver Regulatory Monitoring and Analysis; Risk Assessment and Mitigation; Client Education; Crisis Management and Response; Strategic Planning; and Data Analytics and Reporting. By proactively addressing potential negative consequences, the task force can help employers navigate the ever-changing immigration landscape, minimize risks, and optimize their immigration programs.

We look forward to sharing insights here with you and helping our clients successfully navigate immigration needs in the coming months.

November 2024 Visa Bulletin Released

The Department of State released the November 2024 Visa Bulletin and USCIS will continue to accept employment-based Adjustment of Status applications based on the Dates for Filing chart. All employment-based categories pursuant to Dates for Filing will hold steady with no forward movement observed in November.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR DATES FOR FILING

USCIS confirmed that it will honor the Dates for Filing chart for purposes of eligibility to file an Adjustment of Status application. The Dates for Filing  are as follows:

EB-1, First Preference Category

  • EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) remains current.
  • EB-1 China: Dates for Filing will maintain a filing cutoff date of January 1, 2023.
  • EB-1 India: Dates for Filing will maintain a filing cutoff date of April 15, 2022.

 EB-2, Second Preference Category

  • EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will continue to hold steady at August 1, 2023.
  • China: Dates for Filing will remain at October 1, 2020.
  • India:  Dates for Filing will remain at January 1, 2013.

EB-3, Third Preference Category (Professional and Skilled Workers)

  • EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico and Philippines) will maintain a filing cut-off date of March 1, 2023.
  • China: Dates for Filing will hold steady at November 15, 2020.
  • India: Dates for Filing will hold steady at June 8, 2013.

Other Workers

  • Other Workers (including El Salvador, Guatemala and Honduras and Mexico) will remain at May 22, 2021.
  • Philippines will remain at May 22, 2021.
  • China and India will remain at January 1, 2018 and June 8, 2013, respectively.

EB-5: Fifth Preference Category (Immigrant Investors)

  • For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will hold steady at April 1, 2022 and China will maintain a cut-off date of October 1, 2016. All other countries will remain current.
  • The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.

WHAT SHOULD EMPLOYERS EXPECT?  

Per the November Visa Bulletin, all employment-based categories pursuant to Final Action Dates and Dates for Filing will remain the same in November. While only modest advancement of cut-off dates was observed in the beginning of the fiscal year, this is likely an indicator that green card demand remains high with possibly an existing backlog that needs to be cleared before forward movement is observed.

As strong green card demand continues across all employment-based categories, the Dept. of State may be cautious with advancing dates to manage visa use efficiently. Accordingly, Employers are advised to promptly proceed with the filing of eligible Adjustment of Status applications as continued backlogs and high demand will likely lengthen the green card process for many Foreign Nationals.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

FY2026 Diversity Visa Lottery Applications Open Starting October 2

What is the Diversity Visa Lottery?
The Diversity Immigrant Visa Program, which is administered by the U.S. Department of State, permits up to 55,000 diversity immigrant visas to be granted for fiscal year 2026 to persons from countries with low immigration rates to the United States. Foreign nationals are selected for eligibility to file an application for permanent residence under this program on the basis of a lottery.

When can I apply?
The U.S. Department of State will accept applications online for the FY2026 diversity lottery between 12 noon Eastern Daylight Time (EDT) (GMT-4) on Wednesday, October 2, 2024, and 12 noon Eastern Standard Time (EST) (GMT-5) on Wednesday, November 5, 2024. Applicants are encouraged to apply in the early part of the application period. 

Who is eligible?
In order to enter the diversity visa lottery, an individual must be a national of an eligible country and must meet minimum education/work requirements.

Nationality:
No visas may be awarded to foreign nationals of countries that have sent more than 50,000 immigrants to the U.S. over the period of the last five years. For the FY 2026 diversity lottery, nationals of the following countries are NOT eligible to apply: Bangladesh, Brazil, Canada, China (mainland and Hong Kong born), Colombia, Cuba, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, Venezuela, and Vietnam. Natives of Macau SAR and Taiwan are eligible. With the exception of Cuba becoming ineligible, there were no changes in eligibility this year.

Nationality is defined by the location of a person’s birth. However, if a foreign national is ineligible to apply based on their country of birth, there are two alternate ways to qualify. First, a foreign national whose spouse was born in a country whose natives are eligible to apply may apply provided the spouse is eligible. Second, a foreign national who was born in a country whose natives are ineligible to apply is eligible to apply if neither of his/her parents were born in or legally resided in that country at the time of the foreign national’s birth.

Education/Work:
In addition to meeting the nationality requirement, in order to enter the diversity lottery, a foreign national must have either a high school education or its equivalent, or at least two years of work experience within the past five years in an occupation requiring at least two years training or experience to perform.

How do I Apply?
Diversity lottery submissions are only accepted electronically. The electronic applications are submitted via the U.S. Department of State’s Diversity Visa Lottery website.

Applicants may only submit ONE lottery entry; individuals who attempt to submit more than one application will be disqualified from participating in the lottery.

A diversity application must be accompanied by digital photographs of the applicant, the applicant’s spouse (if applicable), and the applicant’s dependent children (if applicable) taken in accordance with specific requirements set forth in detail on the U.S. Department of State’s website.

Note: each spouse may submit his/her own application if he/she otherwise qualifies. In completing the electronic entry form, the following data will be required: full name, date of birth, gender, city of birth, country of birth, country of eligibility for the program, photograph(s), mailing address, current country of residence, phone number (optional), email address, educational level, marital status, number of children, and information about spouse and children.

There is no cost to submit an online entry form.  The U.S. Department of State strongly urges applicants to apply early as heavy demand in the last week of the registration period could result in website delays.  They will not accept late entries or paper entries.

How does the Selection Process Work?
Winners of the lottery will be selected in a random computerized process. After entering the lottery, it is critical to safeguard the confirmation page as it contains information that is needed to check the status of the application. Applicants can check the status of their application using their confirmation number through the Entry Status Check section of the E-DV website. Lottery winners will not receive correspondence in the mail to confirm the selection of their application; the status of the application can only be checked through the E-DV website.

Selection in the lottery does not automatically confer lawful permanent resident status. In order to become a permanent resident of the U.S., a selected lottery winner’s (and their dependents) application(s) for permanent residence must be filed and approved by September 30, 2026. The permanent residence application may be filed either via adjustment of status (if the foreign national is in the U.S. in a valid nonimmigrant status) or via consular processing.

Finally, please note that more lottery “winners” are selected than there are immigrant visas available because some winners will not be eligible to become U.S. permanent residents of the U.S. Accordingly, some individuals who are selected to apply for diversity visas may ultimately be unable to become U.S. permanent residents if the available diversity immigrant visas are assigned prior to their permanent residence application being adjudicated.

Where Can I Get More Information?
Instructions regarding how to apply for the 2026 Diversity Visa Lottery may be obtained from the U.S. Department of State’s PDF instructions and U.S. Department of State’s website.

For more information or specific legal advice, please contact your designated Gibney representative or email info@gibney.com.

Qatar Becomes the First Gulf State to Join the Visa Waiver Program

The U.S. Department of Homeland Security (DHS) has designated Qatar for inclusion in the Visa Waiver Program (VWP).  Qatar will be the first Gulf State to join the VWP program which allows for streamlined travel and entry to the United States. Eligible Qatari nationals who have an electronically readable passport (e-Passport) and who have obtained pre-authorization for travel through the Electronic Screening System for Travel Authorization (ESTA) system will be eligible to enter the U.S. for business or tourism without a visa for a period of up to 90 days. ESTA authorizations are generally valid for two years.

Starting no later than December 1, 2024, the ESTA online application and mobile app will be updated to accept applications from citizens and nationals of Qatar. Travelers with valid B-1/B-2 visas may continue to use their visa for travel to the U.S. and B-1/B-2 visas will remain an option for Qatari citizens.

Qatar joins a list of 41 countries designated for participation in the VWP.  It will be the third country added during the tenure of the current Secretary of Homeland Security, Alejandro N. Mayorkas, including Croatia in 2021 and Israel in 2023.

For additional information concerning travel under the VWP, please contact your designated Gibney representative or email info@gibney.com.

 

USCIS to Extend Green Card Validity for Renewal Applications to 36 Months

Starting on September 10, 2024, U.S. Citizenship and Immigration Services (USCIS) has automatically extended the validity of Permanent Resident Cards (Green Cards) to 36 months for lawful permanent residents who submit Form I-90, the Application to Replace a Permanent Resident Card. Lawful permanent residents who properly file Form I-90 to renew an expired or soon-to-expire Green Card are eligible for this extension. Previously, receipt notices for Form I-90 provided only a 24-month extension of Green Card validity.

As of September 10th, USCIS has started issuing updated receipt notices for individuals with pending Form I-90 applications which reflect a 36-month extension from the expiration date of the current Green Card. These receipt notices can be used along with an expired Green Card to confirm continued status and employment authorization. This change aims to assist applicants experiencing longer processing times by providing proof of lawful permanent resident status while awaiting a renewed Green Card.

If an applicant’s Form I-90 is still pending and both their Green Card and extension notice have expired, they may request evidence of their lawful permanent resident status in the form of an Alien Documentation, Identification, and Telecommunications (ADIT) stamp from USCIS for international travel and employment authorization purposes.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

 

October 2024 Visa Bulletin Released

The Department of State released the October 2024 Visa Bulletin and USCIS will accept employment-based Adjustment of Status applications based on the more advanced Dates for Filing chart for the beginning of this fiscal year. Most categories will advance modestly or hold steady, with the exception of EB-3 China noting further retrogression, as detailed below:

  • EB-1 China Dates for Filing will hold steady at January 1, 2023.
  • EB-1 India Dates for Filing will advance by two months to April 15, 2022.
  • EB-2 Dates for Filing for all countries aside from India and China will advance by approximately four months to August 1, 2023. EB-2 India will advance by almost six months to January 1, 2013 and China will advance by four months to October 1, 2020.
  • EB-3 Professional/Skilled Worker Dates for Filing for all countries aside from India and China will advance by one month to March 1, 2023. India will advance by more than seven months to June 8, 2013. China will retrogress by about eight months to November 15, 2020, which is unusual for the start of the fiscal year given the reallocation of immigrant visa numbers.
  • EB-5 Unreserved Dates for Filing will hold steady at April 1, 2022 for India and will retrogress by three months to October 1, 2016 for China.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR DATES for filing 

USCIS confirmed that it will honor the Dates for Filing chart for purposes of eligibility to file an Adjustment of Status application. The Dates for Filing  are as follows:

EB-1, First Preference Category

  • EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) remains current.
  • EB-1 China will maintain a filing cutoff date of January 1, 2023.
  • EB-1 India will advance slightly with a Dates for Filing cutoff of April 15, 2022.

 EB-2, Second Preference Category

  • EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will advance by four months to August 1, 2023.
  • China: Dates for Filing will advance by four months to October 1, 2020.
  • India: Dates for Filing will advance by approximately six months to January 1, 2013.

EB-3, Third Preference Category (Professional and Skilled Workers)

  • EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico and Philippines) will advance by one month to March 1, 2023.
  • China: Dates for Filing will retrogress to November 15, 2020.
  • India: Dates for Filing will advance to June 8, 2013.

Other Workers

  • Modest advancement for all countries:
    • Other Workers (including El Salvador, Guatemala and Honduras and Mexico) will advance by four months to May 22, 2021.
    • Philippines will advance by one year to May 22, 2021.
    • China and India will advance by seven months to January 1, 2018 and June 8, 2013, respectively.

EB-5: Fifth Preference Category (Immigrant Investors)

  • For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will hold steady at April 1, 2022 and China will retrogress by three months to October 1, 2016. All other countries will remain current.
  • The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.

WHAT SHOULD EMPLOYERS EXPECT?  

The October Visa Bulletin marks the start of a new fiscal year with green card allocation resetting for fiscal year 2025, which commences October 1, 2024 and ends on September 30, 2025. While USCIS is honoring the Dates for Filing chart for October, it is important to note that these applications cannot be approved until a visa number becomes available pursuant to the Final Action Dates chart.

As fluctuations in applicant filings and visa usage across all employment-based categories continues, this may result in USCIS honoring the more modest Final Action Dates chart in the upcoming months. With continued increased demand across all eligible employment-based categories and extensive processing delays associated with the PERM process, Employers may wish to consider commencing the green card process earlier for foreign national employees. Employers are also advised to submit Adjustment of Status applications for eligible applicants in October as it is uncertain how long the Dates for Filing chart may honored this fiscal year.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

Gibney Celebrates Constitution Day and Citizenship Day

At Gibney, we understand that navigating the U.S. immigration system is a crucial step in a person’s professional and personal journey. As we approach Constitution Day and Citizenship Day, we reflect on the values of opportunity and inclusion that drive this nation.

Constitution Day observed annually on September 17, commemorates the signing of the U.S. Constitution in 1787. For immigration professionals, this day serves as a reminder of the foundational legal principles that underpin U.S. governance and immigration policies. The Constitution’s emphasis on equal protection and due process influences the legal landscape of employment-based immigration, ensuring that businesses uphold fair practices when hiring and sponsoring foreign workers.

Citizenship Day, also observed on September 17, celebrates the naturalization process and the rights and responsibilities bestowed through the acquisition of U.S. citizenship. For immigration practitioners, this day is an opportunity to reflect on the vital role of naturalized citizens in the national landscape, workforce and broader economy. Naturalized individuals contribute significantly to various sectors, bringing diverse skills and perspectives that drive innovation and growth.

At Gibney, our team is dedicated to helping individuals and businesses achieve their immigration and global mobility goals efficiently and effectively. This includes ensuring proper documentation, adherence to labor laws, and understanding the nuances of visa categories and work authorization. Whether it is seeking visas for international talent or exploring pathways to permanent residency, we provide tailored solutions to meet your specific needs.

Join us in celebrating Constitution Day and Citizenship Day as these observances reinforce the importance of diligent immigration compliance and respect for the diverse contributions of all foreign nationals.