By Ozlem Kara, Content Editor at CK Law Firm

The U.S. Department of State has announced that all available visas for the EB-3, Other Workers (EW), and EB-5 visa categories have been issued for the 2024 fiscal year. U.S. embassies and consulates will not issue any more visas in these categories until October 1, 2024.

Understanding the Visa Categories

The EB-3 visa category allows U.S. employers to sponsor foreign workers for permanent residency. This category is divided into three subcategories:

• Skilled Workers: Jobs that require at least two years of experience or training.
• Professionals: Jobs that require at least a U.S. bachelor’s degree or its foreign equivalent.
• Unskilled Workers (Other Workers): Jobs that require less than two years of experience or training.

These visas are crucial for industries facing labor shortages, such as healthcare, where both skilled and unskilled workers are in high demand. By filling these roles with foreign workers, the EB-3 and EW visa categories help support these industries and contribute to the overall U.S. economy.

The EB-5 visa, on the other hand, allows foreign investors to obtain a green card by investing a minimum amount in a U.S. business that creates or preserves at least 10 full-time jobs for U.S. workers.

Annual Limits and Their Impact

The Immigration and Nationality Act (INA) imposes strict annual limits on the number of employment-based immigrant visas that can be issued each fiscal year. Specifically, 28.6% of the worldwide employment-based visa limit is allocated to the EB-3 category. Within this allocation, no more than 10,000 visas are available for the EW subcategory. Additionally, 7.1% of the total number of employment-based visas is allocated to the EB-5 category.

For the 2024 fiscal year, these limits have already been reached. Consequently, U.S. embassies and consulates worldwide will not issue any further visas in these categories until the new fiscal year begins on October 1, 2024. This pause will impact employers and workers who were in the process of applying or planning to apply for these visas, requiring them to wait until the next fiscal year to continue their applications.

What Employers and Workers Should Know

The early exhaustion of EB-3 and EW visas for FY 2024 highlights the high demand for these categories, especially as the U.S. economy continues to rely on foreign workers to fill critical roles. Employers who depend on these visas to bring in essential talent should be aware of the timing and limitations imposed by the annual cap.

For both workers and employers, understanding these visa caps is vital for effective planning. Employers should work closely with their legal teams and immigration counsel to navigate the timing of visa applications and be prepared to act swiftly when the new fiscal year begins. Workers, on the other hand, should stay informed about the status of their applications and maintain communication with their employers to manage expectations and plan accordingly.

Looking Ahead

The start of FY 2025 is less than two months away. On October 1, the annual limits for these visas will reset, allowing embassies and consulates to resume processing visas in these categories. Employers and workers should be ready to move forward with their applications as soon as the new fiscal year begins to avoid the rush of applicants.

For more information, please visit Boundless Blog!

By Ozlem Kara, Content Editor at CK Law Firm

California is taking a significant step towards becoming the first state in the U.S. to offer state-backed home loans to undocumented immigrants. Under the “California Dream for Everyone” plan, first-time homebuyers, including undocumented immigrants, may be eligible for loans of up to $150,000.

Scope and Conditions of the Program

Supported by a group of Democratic lawmakers in the California State Assembly, this bill aims to encourage immigrants to become homeowners in the Golden State. The program will provide up to 20% down payment assistance to individuals planning to buy their first home. However, there are certain conditions for participating in the program. Applicants must be first-time homebuyers, and their household income must remain within specified limits. Additionally, at least one member of the household must be a first-generation homeowner.

Legislative Process and Debates

This bill was introduced by Assembly Member Joaquin Arambula and has received some criticism from Republicans. Critics argue that such a measure is “unfair.” However, Democratic lawmakers emphasize the need to provide equal opportunities for all state residents, including undocumented immigrants.

Governor Gavin Newsom’s Stance and the Future of the Bill

California Governor Gavin Newsom has not yet announced what decision he will make when the bill reaches his desk. It is expected that the Governor will evaluate the bill according to his values. If the bill is passed, it is predicted that California could set a model for inclusive housing policies.

For more details, visit Illegal immigrants could receive up to $150K under the ‘California Dream for All’ loan program to help purchase homes

At CK Law Firm, we closely follow these significant developments in immigrant rights and housing policies. We are here to provide our clients with the most up-to-date information and to protect your rights. For more information about immigration laws and home loans, please contact us.

By Ozlem Kara, Content Editor at CK Law Firm

According to official government data, President Biden’s decision to restrict asylum claims at the southern border has led to a significant decrease in the number of migrants released into the interior of the United States. This policy was implemented as part of measures aimed at reducing illegal border crossings in the U.S.

Impact of the New Immigration Policies

In June, President Biden made substantial changes to the immigration system by issuing several executive orders that restricted the right of most migrants to seek asylum in the U.S. These steps resulted in a noticeable decline in the number of migrants crossing the U.S.-Mexico border illegally. In July, the number of migrants apprehended outside official entry points at the southern border dropped to 56,400, the lowest level in nearly four years. Experts attribute this decrease to the hot summer months and Mexico’s crackdown on migrants heading north.

Decrease in Migrant Releases

One of the most notable outcomes of these new policies has been the significant reduction in the number of migrants released by the U.S. Border Patrol. In July, the Border Patrol released far fewer migrants with court notices compared to previous months. For example, in May, this number was 62,000, but it dropped to 12,000 in July.

These strict measures have also increased the rate at which migrants are subjected to expedited removal procedures. In July, 50% of apprehended migrants underwent these procedures, marking a significant increase from previous months.

Restricted Access to Asylum Rights

Under U.S. law, asylum is offered to provide legal protection to foreign nationals fleeing persecution for specific reasons. However, changes in President Biden’s asylum policies have severely restricted migrants’ access to this right. Since June, there has been a substantial decrease in the number of migrants screened by asylum officers. Additionally, new rules have made it more difficult for migrants to express their fear of harm, increasing the risk of asylum claims being denied.

Future Outlook

The Biden administration anticipates that if these policies continue to be enforced, the decline in illegal border crossings will persist. However, there is a risk that these policies could be overturned in federal courts. Immigrant rights advocates, in particular, argue that Biden’s policies have negative consequences for migrants.

For more details, visit the CBS News website.

At CK Law Firm, we closely monitor current developments in U.S. immigration law and continue to provide our clients with the most accurate information. Contact us for more information on asylum claims and other immigration processes.

By Gulce Suzen, Law Clerk at CK Law Firm

The U.S. government’s reliance on the CBP One app for asylum appointments has been a contentious issue. Despite being designed to streamline the process, the app has numerous shortcomings that significantly impact asylum seekers.

1. Insufficient Appointment Availability: The CBP One app only allows for 1,450 appointments per day across eight ports of entry. This limited availability forces many asylum seekers to wait in dangerous conditions in Mexico for extended periods. Reports indicate that migrants in cities like Matamoros and Tijuana wait months for an appointment, exacerbating their vulnerability to violence and exploitation.

2. Accessibility Issues: The CBP One app has faced significant criticism for its lack of accessibility. Initially, it had serious issues with facial recognition for Black asylum seekers and was only available in English, Spanish, and Haitian Creole. These limitations prevent many non-English-speaking migrants and those with disabilities from accessing the app, hindering their ability to secure an appointment.

3. Impact of the CLP Rule: The Circumvention of Lawful Pathways (CLP) rule, implemented in conjunction with the CBP One app, presumes migrants who do not use the app are ineligible for asylum. This rule places an undue burden on asylum seekers, requiring them to prove they faced exceptional circumstances or were unable to use the app due to significant barriers.

4. Consequences of Limited Access: The inability to secure an appointment through the CBP One app leads to dire consequences. Many migrants, unable to wait in Mexico, risk crossing the border illegally. This not only endangers their lives but also increases the likelihood of their asylum claims being denied under the CLP rule.

5. Call for Reforms: There have been numerous calls for reforms to improve the CBP One app and the overall asylum process. These include expanding language options, increasing appointment availability, and addressing the app’s accessibility issues. Additionally, there is a push to eliminate the CLP rule’s rebuttable presumption of ineligibility to ensure fairer treatment of asylum seekers.

The CBP One app, as it stands, is inadequate for the needs of asylum seekers. Its limitations in appointment availability and accessibility place many at risk. Comprehensive reforms are necessary to ensure that the app fulfills its intended purpose without compromising the safety and rights of migrants.

For detailed information, visit Think Immigration: The CBP One App Is Not Enough.

By Gulce Suzen, Law Clerk at CK Law Firm

As the world continues to navigate the COVID-19 pandemic, the U.S. embassies and consulates are gradually reopening. Here’s what you need to know about the latest updates and procedures.

1. Gradual Reopening: U.S. embassies and consulates worldwide are reopening in phases. Applicants should check specific consulate websites for the latest information on available services and appointment scheduling.

2. Health and Safety Protocols: Strict health and safety measures are in place to protect staff and visitors. This includes mandatory mask-wearing, social distancing, and limited entry to prevent overcrowding.

3. Visa Services: Visa services are resuming, with priority given to emergency and mission-critical cases. Routine visa services will gradually expand as conditions permit.

4. Appointment Scheduling: Due to high demand and limited capacity, securing an appointment may take longer than usual. Applicants are encouraged to schedule appointments well in advance and remain patient.

5. Travel Restrictions: Travel restrictions may still apply to certain countries. It is essential to stay informed about current travel advisories and entry requirements for the U.S.

Conclusion: Stay updated with the latest developments as U.S. embassies and consulates continue to adapt their operations in response to COVID-19. For detailed information, visit the Boundless Blog.

By Sevvalnur Akgun, Case Manager at CK Law Firm

Stay informed with the latest updates in US immigration policies and procedures. Here’s a roundup of this week’s key developments.

1. Expansion of DACA Protections: The Biden administration has broadened protections under the Deferred Action for Childhood Arrivals (DACA) program, aiming to provide more stability for undocumented immigrants brought to the US as children.

2. Changes in Visa Processing Times: New measures by the Department of State aim to reduce visa processing times. Applicants should check the latest guidelines for timely submissions.

3. Increase in Refugee Admissions: The US has increased its refugee admissions cap for the coming year, reflecting a commitment to providing asylum to more individuals fleeing persecution and conflict.

4. Updates to Work Visa Programs: Adjustments to the H-1B and H-2B visa programs focus on streamlining application processes and addressing labor market needs.

5. Immigration Enforcement Priorities: New enforcement priorities emphasize deporting individuals with criminal records and those posing national security threats.

Conclusion: Stay tuned for more updates as the US continues to adapt its immigration policies to address current challenges and opportunities. For detailed information, visit Boundless Weekly Immigration News.