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Post-COVID America, under the leadership of the new President Joe Biden, has seen significant changes, especially regarding immigration laws.
In the following article, ImmiPath will cover everything you need to know about the latest and most accurate updates on U.S. immigration laws. Check it out now!
1. Overview of the New U.S. Immigration Laws for 2024
In 2023, the Biden administration addressed several immigration issues, including employment-based immigration, the H1-B visa lottery, STEM updates, various humanitarian policies, the public charge rule, and the termination of the COVID-19 vaccination requirement. U.S. immigration laws in 2024 will see significant changes, with ImmiPath highlighting the following key points:
1.1 Backlog Expected to Continue
As previously mentioned, both USCIS and DOS continue to address the backlog of immigration cases. Despite the introduction of some new policies and procedures in 2023, there was little improvement in processing times over the past year. The backlog is anticipated to extend into 2024.
1.2 Shortage of Healthcare and Education Professionals
The healthcare and education sectors in the United States continue to experience a significant demand for professionals.
According to a 2021 study by the Association of American Medical Colleges, the U.S. is expected to face a shortage of between 37,800 and 124,000 physicians by 2034. Additionally, the “total RN supply decreased by more than 100,000 from 2020 to 2021,” as highlighted in a study published in the journal Health Relations in early 2022.
Meanwhile, the education sector is grappling with a shortage of top-quality teachers, professors, and other professionals.
Various immigration strategies can be utilized by healthcare and education employers to hire foreign staff. However, the shortage is expected to persist through 2024 and beyond unless Congress enacts relevant legislation.
See more: Easiest U.S. Nursing Immigration Pathways
1.3 Risk of Government Shutdown
The U.S. government narrowly avoided shutdowns twice in 2023. However, both the House of Representatives and President Biden agreed on short-term spending bills as deadlines approached.
The latest short-term bill is set to expire at the beginning of 2024, posing a risk of another shutdown. A government shutdown would significantly impact U.S. immigration agencies.
1.3 2024 Election
The 2024 election may significantly influence U.S. immigration policy.
The Democratic Party is participating with control of the U.S. Senate, while the Republican Party holds a majority in the House of Representatives. Depending on the outcome of the November 2024 election, either party could gain majority control in both chambers or maintain a divided government for the next two years.
President Joe Biden is expected to seek re-election in 2024, facing off against a Republican opponent. As of the announcement, former President Donald Trump is leading in most Republican primary polls.
Regardless of the election outcome, significant immigration reform is unlikely to pass both chambers of Congress and receive presidential approval given the current political climate.
However, the immigration landscape could change based on the presidential election results. The President has the authority to alter policies through executive orders, final rules, and other procedural measures without Congressional approval.
2. What are the Requirements for Immigration to the U.S.?
To be eligible for immigration to the U.S., you need to meet several basic criteria:
- A Green Card
- An eligible and approved immigration petition for you
- Available Immigration Visa
- Admission to the U.S.
Additionally, to become a U.S. citizen, you need to meet several requirements when applying for U.S. citizenship, including:
- Be 18 years or older.
- Demonstrate that you have resided continuously in the U.S. for at least 2 and a half years within the 5-year eligibility period as a lawful permanent resident.
- Be able to read, write, and speak English.
- Show that you have good moral character.
- Demonstrate your knowledge of U.S. history and government.
- Show loyalty to the principles of the U.S. Constitution.
- Oath of Allegiance
3. Latest U.S. Immigration Categories for 2024
Immigrating to the U.S. is a dream for many families from Vietnam. To facilitate immigration for residents worldwide, the U.S. government has established several categories that allow individuals to obtain visas and green cards for lawful permanent residence and living in the land of opportunity.
Below, ImmiPath will provide information on the current U.S. immigration categories:
Category | Eligibility | Waiting Time |
IR-1/ CR-1 | Spouse of a U.S. citizen who is legally married.
The petitioner must be at least 18 years old and residing in the U.S. IR1: U.S. citizen married for over 2 years CR1: U.S. citizen married for under 2 years |
12-18 months |
IR-2/ CR-2 | IR2: Child of a U.S. citizen, unmarried, under 21 years old
CR2: Stepchild of a U.S. citizen, unmarried, under 21 years old |
14 months |
IR-3/ IH-3 | Adopted child of a U.S. citizen (adopted outside the U.S.) | 1-2 years |
IR-4/ IH-4 | Adopted child of a U.S. citizen (adopted within the U.S.) | 1-2 years |
IR-5 | Parent or stepparent of a U.S. citizen
Stepparents are eligible if their marriage to the biological parent of the petitioner occurred before the petitioner turned 18 |
1-2 years |
K-1 | Fiancé(e) of a U.S. citizen (same-sex or opposite-sex) | 6-12 months |
F-1 | Unmarried child of a U.S. citizen, over 21 years old | 6-7 years |
F2-A | Spouse and unmarried children under 21 years old of a U.S. permanent resident
The petition may include both the spouse and children of the permanent resident |
2-3 years |
F2-B | Unmarried child over 21 years old of a U.S. permanent resident | 5-7 years |
F-3 | Married child of a U.S. citizen | 12-13 years |
F-4 | Siblings of a U.S. citizen
Spouses and unmarried children under 21 years old of the applicant will also be eligible for immigrant visas under the applicant’s petition |
13-14 years |
EB-1 | Workers with extraordinary ability, outstanding researchers, or manager | 1.5-2 years |
EB-2 | Professionals with advanced degrees or exceptional abilities | 1.5-2 years |
EB-3 | Skilled and unskilled workers | 2-3 years |
EB-4 | Religious workers | 1.5-2 years |
EB-5 | Investors (minimum investment of $1,050,000 USD or $800,000 USD in a targeted employment area) | 5 years |
The above are the latest immigration regulations for 2024. We hope this information will be useful for those who are in the process of filing a sponsorship or applying for immigration to the U.S.
If you have any questions regarding U.S. immigration laws, please leave a comment below. The team at ImmiPath will support and advise you with all the experience and dedication, making your path to the U.S. easier than ever.
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