Allocation of Immigrant Visas

(a) Preference Allocation for Family-Sponsored Immigrants

Aliens subject to the worldwide level specified in section 1151(c) of this title for family-sponsored immigrants shall be allotted visas as follows:

(1) Unmarried Sons and Daughters of Citizens

Qualified immigrants, being the unmarried sons or daughters of citizens of the United States, shall be allocated visas, not exceeding 23,400, plus any visas not required for the class specified in paragraph (4).

(2) Spouses and Unmarried Sons and Unmarried Daughters of Permanent Resident Aliens

Qualified immigrants who are:

(A) Spouses or children of an alien lawfully admitted for permanent residence, or
(B) Unmarried sons or unmarried daughters (excluding children) of an alien lawfully admitted for permanent residence,

shall be allocated visas, not exceeding 114,200, plus the number (if any) by which the worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1). However, not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).

(3) Married Sons and Married Daughters of Citizens

Qualified immigrants, being the married sons or married daughters of citizens of the United States, shall be allocated visas, not exceeding 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).

(4) Brothers and Sisters of Citizens

Qualified immigrants, being the brothers or sisters of citizens of the United States (if such citizens are at least 21 years of age), shall be allocated visas, not exceeding 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).

(b) Preference Allocation for Employment-Based Immigrants

Aliens subject to the worldwide level specified in section 1151(d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:

(1) Priority Workers

Visas shall be made available, not exceeding 28.6 percent of the worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in subparagraphs (A) through (C):

(A) Aliens with Extraordinary Ability
(B) Outstanding Professors and Researchers
(C) Certain Multinational Executives and Managers

USCIS Reopens Field Office in Havana

U.S. Citizenship and Immigration Services (USCIS) is set to reopen an international field office in Havana, Cuba. The new office aims to provide assistance with U.S. immigration casework and benefits, encompassing interviews and the processing of pending cases related to Cuban Family Reunification Parole and Form I-730, Refugee/Asylee Relative Petition.

DHS Modernizes Cuban and Haitian Family Reunification Parole Processes

WASHINGTON – The Department of Homeland Security (DHS) has announced significant updates to the Cuban and Haitian family reunification parole (FRP) processes, marking a modernized approach to enhance efficiency. Released in Federal Register notices, these changes, a result of stakeholder feedback, aim to simplify the process by allowing most steps to be completed securely online, eliminating the challenges associated with travel, time, and paperwork.

Important Notice: Updated Forms Effective April 1, 2024 – No Grace Period

As of April 1, 2024, the new fee rule will be implemented, requiring the use of the updated 04/01/24 editions for the following forms: 

Form I-129, Petition for a Nonimmigrant Worker 
Form I-129 CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker 
Form I-140, Immigrant Petition for Alien Workers 
Form I-600, Petition to Classify Orphan as an Immediate Relative 
Form I-600A, Application for Advance Processing of an Orphan Petition, and the form’s supplements 

Despite our usual practice of allowing a grace period for new forms, the listed forms include essential changes needed for the administration of the new fees.

Visa Waiver Program (VWP) Stay Extensions and Change of Status

Typically, Visa Waiver Program (VWP) entrants are not eligible to extend their stay or alter their status. However, according to existing regulations, if an emergency situation prevents the departure of a VWP entrant, USCIS may, at its discretion, grant up to 30 days to facilitate satisfactory departure (refer to 8 CFR 217.3(a)). For VWP entrants previously granted satisfactory departure but unable to leave within this 30-day period due to emergency-related issues, USCIS has the authority to temporarily provide additional 30-day periods of satisfactory departure.

Top Reasons to Obtain a USCIS Online Account

One of the primary advantages of having a USCIS online account is the ability to file forms online and monitor your case's progress conveniently, regardless of your location. The initial step involves creating an account.

If you are collaborating with an attorney or representative, they can also establish their own account to oversee your case.