United States immigration updates

The government of the United States has recently implemented the following immigration changes that may impact some applications.

Qatar designated into Visa Waiver Program

On 24 September, Homeland Security and the State Department announced that Qatar will be designated into the Visa Waiver Program (VWP).

The VWP builds comprehensive security partnerships between the United States and designated countries that meet strict requirements related to counterterrorism, law enforcement, immigration enforcement, document security, and border management.

These requirements include that the country have a rate of nonimmigrant visa refusals below 3% during the previous fiscal year; issues secure travel documents; extends reciprocal entry privileges to all US citizens and nationals without regard to national origin, religion, ethnicity, or gender; and works closely with U.S. law enforcement and counterterrorism authorities.

Qatar put forth a significant whole-of-government effort to meet all program requirements, including entering into partnerships with the United States to share information on terrorism and serious crimes. As with all VWP countries, DHS will continually monitor Qatar’s compliance with all program requirements.

Starting no later than 1 December 2024, the Electronic System for Travel Authorization (ESTA) online application and mobile app will be updated to allow citizens and nationals of Qatar to apply to travel to the United States for tourism or business purposes for up to 90 days without first obtaining a US visa. These authorizations are generally valid for two years. Travelers with valid B-1/B-2 visas may continue to use their visa for travel to the United States, and B-1/B-2 visas will remain an option for Qatari citizens. ESTA applications may be found on the ESTA website or via the “ESTA Mobile” app.

US citizens already enjoy visa-free travel to Qatar and, from 1 October 2024, will be eligible to stay in Qatar for up to 90 days instead of the previous 30-day limit if they have a passport that is valid for at least three months from arrival and a confirmed hotel booking on arrival.

Qatar will be the 42nd member of the VWP and the third country added under Secretary Mayorkas’s tenure (Croatia in 2021 and Israel in 2023). Qatar will be the first Gulf country to meet the requirements and enter the program.

USCIS Reaches H-2B Cap for First Half of Fiscal Year 2025

On 19 September 2024, US Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary non-agricultural workers for the first half of fiscal year 2025.

18 September 2024 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before 1 April 2025. USCIS will reject new cap-subject H-2B petitions received after 18 September 20241 that request an employment start date before 1 April 2025.

USCIS is still accepting H-2B petitions that are exempt from the congressionally mandated cap, including:

• Current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment.
• Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing.
• Workers performing labour or services in the Commonwealth of the Northern Mariana Islands and/or Guam from 28 November 2009 until 31 December 2029.

US businesses use the H-2B program to employ foreign workers for temporary non-agricultural jobs. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (1 October – 31 March) and 33,000 (plus any unused numbers from the first half of the fiscal year) for workers who begin employment in the second half of the fiscal year (1 April – 30 September).

USCIS Announces Employment Authorization Procedures for Liberians Covered by Deferred Enforced Departure

On 23 September 2024, US Citizenship and Immigration Services (USCIS) posted a Federal Register notice establishing procedures for Liberians covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) that will be valid up to and including 30 June 2026.

President Joe Biden issued a memorandum on DED for Liberians on 28 June 2024, deferring until 30 June 2026 the removal of certain Liberians who were eligible for DED under the president’s 2022 memorandum, including individuals who have been continuously present in the United States since 20 May 2017.

Through this Federal Register notice, USCIS is automatically extending through 30 June 2026, the validity of DED-related EADs bearing a Category Code of A11 and a Card Expires date of 30 March 2020; 10 January 2021; 30 June 2022; or 30 June 2024.

There is no application for DED. Nationals of Liberia, and individuals having no nationality who last habitually resided in Liberia, are covered under DED based on the terms described in the president’s directive.

The Department of Homeland Security may provide travel authorization at its discretion to those covered under DED for Liberians. Individuals who wish to travel outside of the United States may file Form I-131, Application for Travel Document. Individuals can also apply for an EAD by filing Form I-765, Application for Employment Authorization.

The Federal Register notice provides additional information about DED for Liberia and how eligible individuals may apply for a DED-based EAD or travel authorization.

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