2024 US Immigration Developments Tracker | Practical Law

2024 US Immigration Developments Tracker | Practical Law

A Practice Note tracking key US immigration developments, including laws, regulations, and other administrative agency guidance and interpretations issued in 2024. The laws and developments tracked here relate to immigration processes and procedures, lawful immigration status, and work authorization.

2024 US Immigration Developments Tracker

Practical Law Practice Note w-041-8386 (Approx. 15 pages)

2024 US Immigration Developments Tracker

by Practical Law Labor & Employment
MaintainedUSA (National/Federal)
A Practice Note tracking key US immigration developments, including laws, regulations, and other administrative agency guidance and interpretations issued in 2024. The laws and developments tracked here relate to immigration processes and procedures, lawful immigration status, and work authorization.
For key US labor and employment law developments, see 2024 Labor & Employment Law Developments Tracker.
For key US traditional labor law developments, see 2024 Traditional Labor Law Developments Tracker.
For US immigration, labor and employment, and traditional labor developments from previous years, see Labor, Employment, and Immigration Trackers Toolkit.

What's New

  • May 13, 2024: DOS published a final rule authorizing attorneys, interpreters, and other third parties to attend certain appointments at passport agencies and centers and at US embassies and consulates abroad. The rule applies only to appointments:
    • for a US passport;
    • related to a request for a Consular Report of Birth Abroad or a Certificate of Loss of Nationality of the United States (CLN); and
    • for certain other services offered by American Citizens Services (ACS) units at US embassies and consulates.
  • May 8, 2024: USCIS announced updated policy guidance on training locations under the H-3 nonimmigrant visa classification. The guidance clarifies that training that physically takes place at an academic or vocational institution may still qualify if the training program is mainly created, offered, and sponsored by a government agency or other nonacademic or nonvocational entity and the overall training program meets H-3 requirements. See USCIS Policy Manual: Volume 2, Part J, , Chapter 1: Purpose and Background.
  • April 29, 2024: USCIS announced it has updated its FAQs on the new forms and fees with specific information on how employers can calculate their fees on employer-sponsored petitions.
  • April 23, 2024: DOS published a final rule updating the exchange visitor (J-1) program's general provisions. The update allows for digital signatures on and electronic transmission of the required J-1 document, Form DS-2019. (89 Fed. Reg. 30268 (Apr. 23, 2024).)
  • April 18, 2024: USCIS announced that it has received enough petitions to satisfy the H-2B cap for FY 2024's second half. USCIS is still accepting petitions for H-2B nonimmigrant workers for the additional 20,000 visas allotted for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (country-specific allocation) who are exempt from the returning worker requirement and those who are exempt from the congressionally mandated cap.
  • April 15, 2024: ICE published a notice extending employment authorization for certain Ethiopian F-1 nonimmigrant students experiencing severe economic hardship due to the armed conflict and humanitarian crisis in Ethiopia. The notice is effective between June 13, 2024 and December 12, 2025. (89 Fed. Reg. 26161 (Apr. 15, 2024).)
  • April 15, 2024: ICE published a notice implementing employment authorization for certain Palestinian F-1 nonimmigrant students experiencing severe economic hardship due to the humanitarian crisis in the Palestinian territories. Employment authorization will be granted until August 13, 2025. (89 Fed. Reg. 26156 (Apr. 15, 2024).)
  • April 15, 2024: USCIS published a notice implementing employment authorization for certain Palestinians covered by Deferred Enforced Departure (DED), announced by the White House on February14, 2024 (see Executive Actions). Employment authorization will be granted until August 13, 2025. (89 Fed. Reg. 26167 (Apr. 15, 2024).) See USCIS's April 12, 2024 announcement about the notice.
  • April 10, 2024: USCIS announced it is issuing policy guidance adopting the DOL definition of "science or art" for Form I-140 immigrant visa petitions requesting EB-2 or EB-3 classification under the DOL's Schedule A, Group II for individuals with exceptional ability in the sciences or arts (except performing arts, which are covered under a separate subsection). DOL defines a science or art as "any field of knowledge or skill in which colleges and universities commonly offer specialized courses leading to a degree (20 C.F.R. § 656.5(b)(1)). See USCIS Policy Manual: Volume 6, Part E, Chapter 7: Schedule A Designation Petitions.

Executive Actions

  • February 14, 2024: President Biden issued a memorandum granting deferred enforced departure (DED) for 18 months for certain Palestinians who are present in the US on February 14, 2024. Individuals granted DED will be eligible for employment authorization. The President published a copy of the memorandum in the Federal Register on February 20, 2024 (89 Fed. Reg. 12743 (Feb. 20, 2024)).

Federal Administrative Agency Regulations and Guidance

Department of Homeland Security (DHS)

  • February 28, 2024: DHS published a joint statement of the US with Guatemala and Mexico on the governments' partnership to enhance cooperation on "hemispheric migration management and regional development," including on matters related to basic causes and development of migration patterns, border enforcement, labor mobility, and orderly, humane, and regular migration throughout the hemisphere.
  • January 17, 2024: DHS announced new guidance for noncitizens seeking to renew deferred action based on labor agency enforcement. Under the new guidance, such noncitizens may request an additional two years of deferred action protection if the labor agency continues to need the noncitizen for an investigation or enforcement action.

DHS: US Citizenship and Immigration Services (USCIS)

For detailed information on the H-1B cap season, see Practice Note, H-1B Cap Season Tracker.
  • May 8, 2024: USCIS announced updated policy guidance on training locations under the H-3 nonimmigrant visa classification. The guidance clarifies that training that physically takes place at an academic or vocational institution may still qualify if the training program is mainly created, offered, and sponsored by a government agency or other nonacademic or nonvocational entity and the overall training program meets H-3 requirements. See USCIS Policy Manual: Volume 2, Part J, , Chapter 1: Purpose and Background.
  • April 29, 2024: USCIS announced it has updated its FAQs on the new forms and fees with specific information on how employers can calculate their fees on employer-sponsored petitions.
  • April 18, 2024: USCIS announced that it has received enough petitions to satisfy the H-2B cap for FY 2024's second half. USCIS is still accepting petitions for H-2B nonimmigrant workers for the additional 20,000 visas allotted for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (country-specific allocation) who are exempt from the returning worker requirement and those who are exempt from the congressionally mandated cap.
  • April 15, 2024: USCIS published a notice implementing employment authorization for certain Palestinians covered by Deferred Enforced Departure (DED), announced by the White House on February14, 2024 (see Executive Actions). Employment authorization will be granted until August 13, 2025. (89 Fed. Reg. 26167 (Apr. 15, 2024).) See USCIS's April 12, 2024 announcement about the notice.
  • April 10, 2024: USCIS announced it is issuing policy guidance adopting the DOL definition of "science or art" for Form I-140 immigrant visa petitions requesting EB-2 or EB-3 classification under the DOL's Schedule A, Group II for individuals with exceptional ability in the sciences or arts (except performing arts, which are covered under a separate subsection). DOL defines a science or art as "any field of knowledge or skill in which colleges and universities commonly offer specialized courses leading to a degree (20 C.F.R. § 656.5(b)(1)). See USCIS Policy Manual: Volume 6, Part E, Chapter 7: Schedule A Designation Petitions.
  • April 9, 2024: USCIS announced updated information about EB-5 regional center audits, added to the INA at INA § 203(b)(5)(E)(vii) (8 U.S.C. § 1153(b)(5)(E)(vii)) in the EB-5 Reform and Integrity Act of 2022 (Part of the Consolidated Appropriations Act, 2022 (H.R.2471 (Pub. Law No. 117-103)). USCIS will use Generally Accepted Government Auditing Standards to conduct the required once-every-five-years regional center audits. For more information, see USCIS: EB-5 Regional Center Audits.
  • April 8, 2024: USCIS announced it has published a temporary final notice to increase the automatic extension period for certain employment authorization documents (EADs) from up to 180 days to up to 540 days (89 Fed. Reg. 24628 (Apr. 8, 2024)). The rule applies to eligible applicants who timely and properly:
    • filed an EAD renewal application on or after October 27, 2023, if the application is still pending when the rule is published in the Federal Register; or
    • file their Form I-765 application during a 540-day period that begins with the rule's publication in the Federal Register.
  • April 4, 2024: USCIS announced it has updated its Policy Manual to reflect agency policy that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after November 1, 2023, does not expire and can be used indefinitely as evidence that the applicant is not inadmissible on health-related grounds. Any medical examination completed before that date must comply with the prior policy, also described in the policy manual. For more information, see USCIS Policy Manual: Volume 8, Part B, Chapter 4: Review of Medical Examination Documentation.
  • April 1, 2024: USCIS announced that the new Form N-400, Application for Naturalization, available for use on April 1, 2024 (and required for applications filed on June 3, 2024 or later), includes a third gender option, "X," to reflect "another gender identity." It is the first USCIS form to include the third option, although other forms will be updated over time. USCIS has also updated the USCIS Policy Manual regarding this option on all forms and documents at USCIS Policy Manual: Volume 1, Part E, Chapter 5, Section B, Personal Information, Subsection 2, Gender.
  • April 1, 2024: USCIS announced it has completed the FY 2025 H-1B cap selection process and that the agency received enough registrations to exhaust the available H-1B cap visas. Employers with registrations for selected beneficiaries may begin filing cap-subject H-1B petitions on April 1, 2024. The filing period will remain open for at least 90 days. USCIS also reminds petitioners that it may take up to 30 days for them to receive the petition receipt notice. The announcements includes other reminders about new forms, fees, and other processing matters new for FY 2025 filings.
  • April 1, 2024: USCIS announced it is making changes to the Policy Manual to align with the new fee rule, including revised guidance on new form fees, fee waivers and fee exemptions, limits on the number of beneficiaries for certain employment-based forms, and a new form supplement for orphan intercountry adoption cases.
  • March 29, 2024: USCIS announced changes to filing locations for certain employment-based Form I-485, Application to Adjust Status to Lawful Permanent Resident, and related applications.
  • March 28, 2024: USCIS announced that applicants filing Form N-400, Application for Naturalization, on April 1, 2024 or later may request an original or replacement social security number or card and update their immigration status with the Social Security Administration without having to visit an SSA office.
  • March 27, 2024: USCIS posted a new video introducing E-Verify+, an updated version of E-Verify that streamlines the connection between Form I-9 and E-Verify. The agency anticipates introducing E-Verify+ in 2024.
  • March 26, 2024: USCIS announced that the H-1B registration period ended on March 25, 2024 and confirmed that it will conduct the random selection process before March 31, 2024. The agency reminded stakeholders that new forms and fees take effect on April 1, 2024 and noted that pre-paid mailers are no longer used by the agency to send any communication for a petition.
  • March 22, 2024: USCIS published a notice extending and redesignating Burma for Temporary Protected Status (TPS) beginning May 26, 2024 and running for 18 months (89 Fed. Reg. 20682 (Mar. 25, 2024)).
  • March 21, 2024: USCIS announced it has issued updated policy guidance on expedite requests, including:
    • how to make a request, including how to securely submit evidence;
    • how the agency processes requests;
    • specific considerations on government requests for expedites; and
    • specific considerations on travel-related requests.
    The guidance takes effect on issuance. (See USCIS Policy Manual: Volume 1, Part A, Chapter 5: Expedite Requests.)
  • March 21, 2024: USCIS announced it is extending the initial H-1B cap registration period to 12:00 noon EDT on March 25, 2024 because some registrants encountered technical difficulties.
  • March 21, 2024: USCIS published a final rule correction to its January 31, 2024 fee rule (89 Fed. Reg. 20101 (Mar. 21, 2024)). The correction takes effect on April 1, 2024, as does the original rule. The correction includes corrections on fee exemptions and waivers, the definition of nonprofits, and the fee for small employers and nonprofits filing Form I-129CW, among others.
  • March 12, 2024: USCIS announced it is implementing a new streamlined process to issue employment authorization documents (EADs) to refugees. This process is expected to shorten the wait time for an EAD to approximately 30 days instead of several months. All individuals admitted into the US as refugees on or after December 10, 2023, will receive EADs under the new process.
  • March 8, 2024: USCIS announced that the H-2B cap has been met for the second half of FY 2024 and announced the filing dates for the second half of FY 2024 H-2B supplemental visas.
  • March 4, 2024: USCIS updated its webpage H-1B Electronic Registration Process to reflect in the FAQs the newly added requirement for information about a beneficiary's passport or travel document. Specifically, the FAQ explains that the beneficiary's passport or travel document must be the one the beneficiary used to enter the US (or will use to enter the US) and must be valid on the date the registration is submitted. The FAQs also provide guidance about how to complete a Form I-129 if the passport expires between the registration date and when the Form I-129 is filed and when an expired passport might be acceptable.
  • March 1, 2024: USCIS updated its webpage Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker, advising that, effective April 1, 2024, paper filings of Form I-129, Petition for Nonimmigrant Worker, requesting H-1B or H-1B1 status should no longer be submitted to a USCIS service center. Instead, those forms (and any concurrently filed forms) should be submitted to the correct USCIS lockbox for processing.
  • February 2, 2024: USCIS published a final rule amending its regulations related to H-1B registration selection. The amendments include a beneficiary centric selection process for H-1B registrations, start date flexibility for certain H-1B cap-subject petitions, and additional integrity measures for H-1B registration. The rule takes effect on March 4, 2024. It is in effect for the FY 2025 H-1B cap season, which begins on March 6, 2024. (89 Fed. Reg. 7456 (Feb. 2, 2024).) For additional information on this and other H-1B cap-related developments, see the USCIS announcement.
  • January 31, 2024: USCIS published a final rule amending immigration and naturalization benefit request fees charged by USCIS. The rule provides additional fee exemptions for certain humanitarian categories and makes changes to certain other immigration benefit request requirements. The rule takes effect on April 1, 2024. (89 Fed. Reg. 6194 (Jan. 31, 2024).) For additional information, see the USCIS announcement.
  • January 30, 2024: USCIS announced several items related to the FY 2025 H-1B cap season, including:
    • the initial H-1B cap registration period, which will run from noon ET on March 6, 2024 to noon ET on March 22, 2024;
    • publication of a final rule amending the H-1B registration regulations (covered in a separate item in this tracker);
    • publication of a final rule on fees, forms, and other measures related to requests for immigration benefits (covered in a separate item in this tracker), confirming that the H-1B registration fee remains at $10 for the FY 2025 registration period (but will rise to $215 beginning with the FY 2026 registration period) but that the Form I-129 process and fees for H-1B petitions filed for FY 2025 will be covered under the new rule; and
    • the organizational myUSCIS accounts and online filing for H-1B petitions announced on January 12, 2024, will be available beginning on February 28, 2024 (giving employers and legal counsel only one week to organize their respective accounts and prepare to begin filing H-1B registrations on March 6, 2024).
  • January 29, 2024: USCIS published a notice extending and redesignating Syria for Temporary Protected Status (TPS) beginning April 1, 2024 and running for 18 months (89 Fed. Reg. 5562 (Jan. 29, 2024)).
  • January 26, 2024: USCIS announced it is changing how applicants and petitioners or their counsel may file and submit payment for benefits requests at a USCIS field (local) office. One exception to the new policy is an application for emergency advance parole (travel permission), which must still be made in person, with payment also made in person.
  • January 24, 2024: USCIS announced it has issued updated policy guidance on factors USCIS considers when exercising its discretion to excuse an untimely (late) application for extension or change of nonimmigrant status. Examples of extraordinary circumstances beyond the applicant's control that USCIS considers may excuse the late filing include:
    • remaining in the US after the admission period expires due to a work slowdown or stoppage involving a strike, lockout, or other labor dispute; or
    • filing late is due to a lapse in government funding impacting the employer's ability to obtain a labor condition application (LCA) or temporary labor certification.
  • January 22, 2024: USCIS created the webpage Five Steps to File at the USCIS Lockbox. The page provides guidance on how to submit applications or petitions that must be filed with the USCIS lockbox.
  • January 16, 2024: USCIS announced that the H-2B cap for returning workers has been met for the first half of FY 2024 (for start dates on or before March 31, 2024). The final receipt date was January 9, 2024. Petitions for H-2B nonimmigrant workers with start dates on or before March 31, 2024 may still be filed for the additional 20,000 visas allotted for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (country-specific allocation) and for those who are exempt from the congressionally mandated H-2B cap.
  • January 12, 2024: USCIS announced it will be launching a package of "customer experience improvements" for the upcoming H-1B cap season, which typically begins in March of each year. Improvements include:
    • organizational accounts for the FY 2025 H-1B cap season. Organizational accounts will permit multiple individuals (including the petitioning organization and their legal representative) to collaborate on and prepare H-1B registrations, Forms I-129 requesting H-1B status, and associated Forms I-907 requesting premium processing. The launch date is expected in February 2024;
    • online filing for Form I-129 and I-907 for requesting the H-1B classification; and
    • transitioning H-1B paper filing locations from service centers to USCIS lockbox locations.
  • January 5, 2024: USCIS announced it has issued updated policy guidance to clarify the evidence it considers for an employer's ability to pay the wages offered to the foreign worker when the foreign worker has ported to a new employer under AC21 and the Form I-140 remains pending. In that situation, USCIS officers consider evidence covering only the period from the priority date (the date the first step in the green card process for that individual is filed) until the date the Form I-140 is filed. See USCIS Policy Manual, Volume 6, Part E, Chapter 4 : Ability to Pay.

DHS: USCIS Ombudsman

  • February 13, 2024: The USCIS Ombudsman published a tip sheet on how an individual can avoid getting locked out of their online myUSCIS account.

DHS: US Customs and Border Protection (CBP)

  • January 17, 2024: CBP published a draft interim final rule introducing automation and electronic travel authorization for the Guam-Commonwealth of the Northern Mariana Islands (CNMI) visa waiver program and creating the CNMI Economic Vitality & Security Travel Authorization Program (EVS-TAP). The rule, which takes effect on September 30, 2024, requires visitors to Guam and the CNMI to obtain prior travel authorization before arriving at their destination. The CNMI EVS-TAP will, once it is effective, allow prescreened nationals of the People's Republic of China to travel to the CNMI without a visa under specified conditions. (89 Fed. Reg. 3299 (Jan. 18, 2024).)

DHS: US Immigration and Customs Enforcement (ICE)

Department of Justice (DOJ)

Department of Labor (DOL)

DOL: Office of Foreign Labor Certification (OFLC)

  • February 15, 2024: OFLC published a request for information on modernizing Schedule A to include additional occupations in science, technology, engineering, and mathematics (STEM) and non-STEM occupations extending the comment period for the original request for information from February 20, 2024 to May 12, 2024. The original request for information was published on December 21, 2023 (88 Fed. Reg. 88290 (Dec. 21, 2023)).

Department of State (DOS)

  • May 13, 2024: DOS published a final rule authorizing attorneys, interpreters, and other third parties to attend certain appointments at passport agencies and centers and at US embassies and consulates abroad. The rule applies only to appointments:
    • for a US passport;
    • related to a request for a Consular Report of Birth Abroad or a Certificate of Loss of Nationality of the United States (CLN); and
    • for certain other services offered by American Citizens Services (ACS) units at US embassies and consulates.
  • April 23, 2024: DOS published a final rule updating the exchange visitor (J-1) program's general provisions. The update allows for digital signatures on and electronic transmission of the required J-1 document, Form DS-2019. (89 Fed. Reg. 30268 (Apr. 23, 2024).)
  • January 18, 2024: DOS created a webpage with information and frequently asked questions on the agency's domestic visa renewal pilot program. The page includes a link to a tool that potential applicants can use to assess their eligibility under the pilot program. DOS will begin accepting applications from eligible applicants on January 29, 2024.

Key State Developments

  • January 9, 2024: Georgia DOL announced that effective January 1, 2024, the agency's foreign labor certification program has transitioned to WorkSource Georgia. WorkSource Georgia now assumes the responsibility of providing employers with the DOL's mandated foreign labor certification process services in Georgia, including those for the PERM labor certification, H-2B non-agricultural temporary workers, and H-2A agricultural temporary workers. For more information, see Technical College System of Georgia: George Foreign Labor Certification Information.