News & Types: Immigration Monthly Updates

ビジネス移民法ニュース（2024年8月号）（英語版）が発行されました。
8/20/2024
By: ジュリー エメリック, デレク ストレイン
Practices: 移民法

DHS AMENDS STEM DESIGNATED DEGREE PROGRAM LIST
On July 22, 2024, the U.S. Department of Homeland Security (DHS) announced the addition of one
Classification of Instructional Programs (CIP) code to the DHS STEM Designated Degree Program list. DHS
maintains a complete list of fields that fall within the regulatory definition of “STEM field” that qualifies certain
degrees to fulfill the extension requirement. The CIP taxonomy system serves as the basis for the STEM OPTextension.
In a previous Masuda Funai Client Advisory dated January 20, 2022, we provided information about a major
expansion by DHS of the STEM list adding 22 qualifying fields of study. Eight additional qualifying fields ofstudy were added in July 2023.
The STEM OPT Designated Degree Program list is used to determine whether a degree obtained by certain F1 students qualifies as a science, technology, engineering or mathematics (STEM) degree for the F-1 student
to be eligible to apply for a 24-month extension of their post-completion OPT employment authorization. OPT isone type of work authorization available to certain F-1 nonimmigrant students, allowing them to apply foremployment authorization for up to 12 months so they can obtain real-world work experience directly related totheir studies. The STEM OPT is a 24-month extension of OPT and is available to students who havecompleted 12 months of OPT, have received a degree in an approved STEM field and who are employed by
an E-Verify company.
The new field of study added to the STEM Designated Degree Program list is Environmental/Natural Resource
Economics, (03.0204), defined as “A program that focuses on the application of economic concepts andmethods to the analysis of issues such as air and water pollution, land use planning, waste disposal, invasive
species and pest control, conservation policies, and related environmental problems. Includes instruction in
cost-benefit analysis, environmental impact assessment, evaluation and assessment of alternative resource
management strategies, policy evaluation and monitoring, and descriptive and analytic tools for studying how
environmental developments affect the economic system. This field of study, as described in the NCES
definition, is comprised of STEM disciplines such as research, innovation, or development of new technologies
using natural sciences and mathematics.”© 2024 Masuda, Funai, Eifert & Mitchell, Ltd. All rights reserved. 本書は、特定の事実や状況に関する法務アドバイスまたは法的見解に代わるものではありません。本書に含まれる内容は、情報の提供を目的としたものです。かかる情報を利用なさる場合は、弁護士にご相談の上、アドバイスに従ってください。本書は、広告物とみなされることもあります。

The current list of approved STEM fields was established in connection with a Final Rule issued in 2016 andwas last updated in 2023. Pursuant to the 2016 rule, DHS continues to accept for consideration suggested
additions or deletions from the list.
FY2025 H-1B UPDATE
On August 5, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that after completing asecond round of H-1B quota selections, it projects having enough FY2025 H-1B Quota Registrations selections
to meet the quota for FY2025 (October 1, 2024 to September 30, 2025).
USCIS received 479,953 total registrations for the FY2025 quota. Using a new “beneficiary-centric selectionprocess” USCIS selected 114,017 beneficiaries for the FY2025 H-1B Master’s and Regular Caps during thefirst selection round. During the recently completed second round, USCIS selected 13,607 additional
beneficiaries, who regardless of their education level, would be allocated to the FY2025 Regular Cap.
Employers having a beneficiary selected in the second round, have until November 7, 2024 to file the FY2025
H-1B quota petition.
USCIS will be updating its online system to indicate those registrations not selected as officially “Not Selected.”
The registration period for the FY2026 H-1B quota lottery is anticipated to occur in early March 2025.
Employers are encouraged to contact Masuda Funai in early February 2025 for additional information about
the FY2026 H-1B quota lottery and registration process.
SEPTMBER 2024 VISA BULLETIN UPDATE
For the last month of FY2024 (October 1, 2023 to September 30, 2024), U.S. Department of State (“DOS”)
recently issued the September 2024 Visa Bulletin.
For employment-based immigration only the following foreign nationals may either apply for permanent
resident status through adjustment of status (“AOS”) or have their AOS application approved if all qualifying
and documentation requirements are met in September 2024. Also, the following foreign nationals who willcomplete the Immigrant Visa processing at a U.S. Consular Post and who have submitted all the required
documentation become eligible to have their interview scheduled in September 2024.
First Preference•••

Persons eligible for the employment-based 1st preference category (Multinational Managers/Executives,
Outstanding Researchers/Professors or workers recognized for their Extraordinary Ability) who were bornin any country other than India or China – Available.
China-born persons having an approved Immigrant Petition (Form I-140) in the employment-based 1st
preference category (Multinational Managers/Executives, Outstanding Researcher/Professors or workers
recognized for their Extraordinary Ability) whose priority date is before November 1, 2022 – no change
since July 2024.
India-born persons having an approved Immigrant Petition (Form I-140) in the employment-based 1st
preference category (Multinational Managers/Executives, Outstanding Researchers/Professors or Workers© 2024 Masuda, Funai, Eifert & Mitchell, Ltd. All rights reserved. 本書は、特定の事実や状況に関する法務アドバイスまたは法的見解に代わるものではありません。本書に含まれる内容は、情報の提供を目的としたものです。かかる情報を利用なさる場合は、弁護士にご相談の上、アドバイスに従ってください。本書は、広告物とみなされることもあります。

recognized for their Extraordinary Ability) whose priority date is before February 1, 2022 – no change sinceJuly 2024.
Second Preference•••

Persons born in any country other than India or China having an approved Immigrant Petition (Form I-140)
in the employment-based 2nd preference category (Advanced Degree Professionals, workers recognizedfor their Exceptional Ability, or individuals qualifying for a National Interest Waiver) whose priority date isbefore March 15, 2023 - no change since July 2024.
China-born persons having an approved Immigrant Petition (Form I-140) in the employment-based 2nd
preference category (Advanced Degree Professionals, workers recognized for their Exceptional Ability, orindividuals qualifying for a National Interest Waiver) whose priority date is before March 1, 2020 – nochange since July 2024.
India-born persons having an approved Immigrant Petition (Form I-140) in the employment-based 2nd
preference category (Advanced Degree Professionals, workers recognized for their Exceptional Ability, or
individuals qualifying for a National Interest Waiver) whose priority date is before June 15, 2012 – nochange since July 2024.

Third Preference•••

Persons born in any country other than India or China having an approved Immigrant Petition (Form I-140)
in the employment-based 3rd preference category (Professionals or Skilled Workers) whose priority date is
before December 1, 2020 – a retrogression of one year from July 2024.
China-born persons having an approved Immigrant Petition (Form I-140) in the employment-based 3rdpreference category (Professionals or Skilled Workers) whose priority date is before September 1, 2020 –no change since July 2024.
India-born persons having an approved Immigrant Petition (Form I-140) in the employment-based 3rd
preference category (Professionals or Skilled Workers) whose priority date is before October 22, 2012 – nochange since August 2024.

The DOS indicated that during FY2024 additional employment-based immigrant visas were available toincrease the statutory limitation of 140,000 to 160,791.
October 1, 2024 is the start of FY2025 when 140,000 or more employment-based immigrant visas become
available and priority dates are expected to advance again.
U.S. IMMIGRATION REQUIREMENTS FOR CANINE TRAVELERS
Similar to immigration for humans, animals traveling to the United States must also meet certain requirements.
While an animal does not need an official passport to enter the United States, effective August 1, 2024, any
dog traveler, including those who are hand-carried or transported via cargo, must meet the following
requirements to be admitted to the United States:•••

Be at least 6 months old;
Be microchipped with an ISO-compatible (International Standards Organization) microchip,; andHave a completed Center for Disease Control (CDC) Dog Import Form.

© 2024 Masuda, Funai, Eifert & Mitchell, Ltd. All rights reserved. 本書は、特定の事実や状況に関する法務アドバイスまたは法的見解に代わるものではありません。本書に含まれる内容は、情報の提供を目的としたものです。かかる情報を利用なさる場合は、弁護士にご相談の上、アドバイスに従ってください。本書は、広告物とみなされることもあります。

A dog arriving from, or who within the preceding 6 months has been in, a high-risk country will also need ahealth certificate or certificate showing receipt of the rabies vaccine that has been signed by a licensed
veterinarian. When completing the CDC Dog Import Form for a canine travelling from or that has been in ahigh-risk country, a photo of the dog showing its face and body must be uploaded and information must be
provided about the dog’s Rabies Vaccination and Microchip Certification.
These requirements apply to all dogs travelling to the United States, including service animals, emotional
support animals, and dogs brought to the United States for adoption, sale, education, exhibition or research.
Once the CDC Dog Import Form has been approved by the CDC, it will issue a receipt which must bepresented in paper format or visible on an electronic device to the airline prior to boarding and to U.S. Customs& Border Protection (“CBP”). This receipt may be used for multiple entries to the United States for up to 6months, provided that the canine traveler has not been in a country having a high risk for rabies within thepreceding 6 months. Each canine traveler must have a separately completed CDC Dog Import Form receipt
and supporting documentation.
Foreign-vaccinated dogs that have been in a high risk country in the past 6 months are not allowed to enter theU.S. at a land border (Canada/Mexico) crossing. They must arrive at an airport with a CDC-registered animalcare facility.
Masuda Funai is a full-service law firm with offices in Chicago, Detroit, Los Angeles, and Schaumburg.

© 2024 Masuda, Funai, Eifert & Mitchell, Ltd. All rights reserved. 本書は、特定の事実や状況に関する法務アドバイスまたは法的見解に代わるものではありません。本書に含まれる内容は、情報の提供を目的としたものです。かかる情報を利用なさる場合は、弁護士にご相談の上、アドバイスに従ってください。本書は、広告物とみなされることもあります。