Israeli Citizens and Nationals Eligible for Visa-Free Travel to U.S.
On October 19, 2023, the U.S. Department of Homeland Security announced the official start of visa-free travel for Israeli citizens and nationals to the U.S. through the U.S. Visa Waiver Program. This announcement follows the earlier September 26, 2023 designation of Israel as a Visa Waiver Program country.
Israeli citizens and nationals can now apply for authorization to travel to the U.S. without the need of a visa through the Electronic System for Travel Authorization (ESTA), an automated system run by U.S. Customs and Border Protection to vet potential travelers from designated Visa Waiver Program countries for security or law enforcement issues before approving visa-free travel to the United States. Applications can be submitted online at https://esta.cbp.dhs.gov/; a decision is usually made within 72 hours; once approved, ESTA registration is valid for a period of 2 years with indefinite renewals allowed.
Additionally, the Visa Waiver Program is intended to be a replacement for the B-1/B-2 visa and limits entry to those coming to the U.S. for business or pleasure. Travel through the Visa Waiver Program is limited to 90 days and does not provide work authorization. Those needing to travel for more than 90 days whose travel requires work authorization or who are ineligible for the Visa Waiver Program will still need to apply for a visa stamp at a U.S. consular post abroad.
Diversity Visa Lottery Open
The Fiscal Year 2025 Diversity Visa Lottery Program (DV-2025) opened for registration on October 4, 2023. The Diversity Visa Lottery Program provides a pathway to legal permanent resident (green card) status for individuals from countries with historically low rates of immigration to the U.S. and grants up to 55,000 Diversity Visas annually. A current list of eligible countries can be found online with DV-2025 instructions here. Note that for DV-2025, the United Kingdom has been added to the list of eligible countries and represents the only change from the prior fiscal year.
The DV-2025 registration period will conclude at noon (EDT) on Tuesday, November 7, 2023. Prospective applicants must submit their entry using the electronic Diversity Visa form online here. There is no fee for entering the Diversity Visa Lottery Program. Paper submissions will not be accepted, and only one entry per applicant is allowed.
Registrants are strongly encouraged to keep their confirmation number safe; the registration number will be needed to determine whether a registration has been selected, starting May 4, 2024. Individuals who have been selected will then need to fill out the Form DS-260 online and will have until September 30, 2024 to schedule and attend an interview at a U.S. consular post, where their supporting documentation will be submitted.
New Form I-9 Mandatory November 1, 2023
Starting November 1, 2023, all employers must use the 08/01/23 edition of the Form I-9 for employment authorization. The edition date can be found at the bottom of the form and on the instructions in the mm/dd/yy format. Failure to use the 08/01/23 edition of the Form I-9 can result in employer penalties and liability for incorrectly verifying the identity and employment authorization of individuals hired for employment in the U.S.
As a reminder, the new Form I-9 was issued on August 1, 2023, and includes significant changes including reducing Sections 1 and 2 to a single sheet, moving the Section 3 Reverification and Rehire fields to a standalone supplement to be attached as needed, and making improvements to ensure that the form can be filled out on mobile devices. Along with the new Form I-9 edition, the U.S. Department of Homeland Security published a new rule on July 25, 2023, permitting remote verification of identity and employment authorization documents via live video interaction. In order to qualify, employers must be in good standing with the E-Verify program with respect to all employment sites that offer the alternative procedure.
Increase in Employment Authorization Document Validity for Certain Categories
On September 27, 2023, USCIS announced changes to its Policy Manual to increase the maximum validity periods for initial and renewed Employment Authorization Documents (EADs) for certain noncitizens. The new guidance increases the maximum EAD validity period to 5 years for applicants who receive employment authorization incident to status in the following categories:
- Admitted as a refugee, (a)(3)
- Paroled as refugee, (a)(4)
- Granted asylum, (a)(5)
- Citizens of Micronesia, the Marshall Islands, or Palau, (a)(8)
- Granted withholding of deportation or removal, (a)(10)
Note that this does not extend the maximum employment authorization of E or L spouses, who can apply for an EAD for the duration of their status. Per earlier USCIS guidance issued March 18, 2022, these spouses can also use their Form I-94 admission record to demonstrate employment authorization incident to status and are not required to apply for an EAD.
The new USCIS guidance also extends the validity of EADs for noncitizens who must apply for employment authorization, including those with:
- Pending application for asylum or withholding of deportation or removal, (c)(8)
- Pending application for adjustment of status under INA 245, (c)(9)
- Pending application for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA), (c)(10)
- CNMI long-term residents, (c)(37)
By extending the maximum EAD validity to 5 years, USCIS hopes to significantly reduce the number of new EAD applications received over the next several years, thereby reducing processing times and backlogs.
For more guidance on ESTA registration, the Diversity Visa program, I-9 compliance, EAD duration, or any other immigration concerns, please reach out to a Pryor Cashman attorney.
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