Category Archives: Visa Waiver Country

DHS ANNOUNCEMENTS

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On Nov. 08, 2023, The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. See here https://www.uscis.gov/newsroom/alerts/dhs-announces-countries-eligible-for-h-2a-and-h-2b-visa-programs-1.

On Nov. 16, 2023, the Department of Homeland Security (DHS), through the U.S. Citizenship and Immigration Services (USCIS), and the Department of Labor (DOL) published a temporary final rule making available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2024, on top of the statutory cap of 66,000 H-2B visas that are available each fiscal year. American businesses in industries such as hospitality and tourism, landscaping, seafood processing, and more turn to seasonal and other temporary workers in the H-2B program to help them meet demand from consumers. See https://www.uscis.gov/newsroom/news-releases/uscis-announces-availability-of-additional-h-2b-visas-for-fiscal-year-2024.

What do these announcements mean? They mean more opportunities for foreign workers to come to the United States for temporary agricultural and non-agricultural employment. If you are interested in participating in these programs, be sure to check the list of eligible countries and start the application process. This is a great opportunity for both employers and foreign workers to fill important roles and support various industries in the United States.

VISA BULLETIN NOVEMBER 2023

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VISA BULLETIN NOVEMBER 2023

This bulletin summarizes the availability of immigrant numbers during November for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.

1. Procedures for determining dates. ConsVISA BULLETIN NOVEMBER 2023ular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by October 3rd. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

2. The fiscal year 2024 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa issuances will exceed the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

Click to access visabulletin_November2023.pdf

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Travelers can apply for travel authorization and enroll in the Electronic System for Travel Authorization, known as ESTA Program before they enter the United States.

This allows them to stay for 90 days or less without the need for a visa.
Whether you are planning a vacation or a short business trip, if you are not a U.S. Citizen or a Permanent Resident, then you will generally need to apply for a visa to enter and legally stay in the United States.

If you are only hoping to see a few sites, visit some friends, or go to a business conference, however, there is a good news, you may be able to enter through the Visa Waiver Program, or VWP.

Let’s look at possible reasons to travel under the “Visa Waiver Program.”
You can enroll in the Visa Waiver Program if you are planning to transit through the United States to another country.

Other activities you can do through the Visa Waiver Program include:
TOURISM ACTIVITIES such as a vacation, visiting friends or relatives, medical treatment, social events, participation in musical or sports events, if you are not being paid to participate and enrolling in a short recreational course, for example, a cooking class.

BUSINESS ACTIVITIES such as consulting with business associates, attending a scientific, educational or professional conference, short-term training where you are not paid by a U.S.-based source, negotiating a contract.

Entering the United States through the Visa Waiver Program does not authorize you to work or study if you decide to stay long term.

If you want to enter the United States through the Visa Waiver Program, you must meet all the following requirements to be eligible:

1. You are a citizen of a Visa Waiver Country;
2. You are applying to stay in the United States for 90 days or less;
3. You are traveling to the United States for business or tourism
purposes;
4. You will also need an e-passport to participate in the VWP.
*An e-passport has an electronic chip embedded in it that give your
document extra security.

Before you travel to the United States, you must enroll in the Electronic System for Travel Authorization (ESTA) Program. You can do this online through a secure website run by the Department of Homeland Security and CBP.

To apply you will need a valid passport from a Visa Waiver Program Country, a valid e-mail address, your home address and your telephone number; the phone number and e-mail of an emergency contact, you can pay for your ESTA online with your credit card or Paypal.If you have a Global Entry ID number or a point of contact in the United States, you have to enter that information too.

You can apply for ESTA as soon as you know you have plans to come to the United States.

The ESTA is valid for 2 years, or until your passport expires whichever comes first. You can use for multiple trips.