Category Archives: Immigration

February 7, 2024

February 2024 Visa Bulletin: Insights into Employer-Based Immigrant Petitions and Visa Backlogs

Sarah Bileti

By Sarah Bileti and Samantha Wolfe

As we delve into the February 2024 Visa Bulletin, it’s evident that the priority dates for employer-based immigrant petitions continue to face minimal advancement, contributing to prolonged wait times for immigrant visas throughout fiscal year 2024. Let’s examine the key highlights and implications of this latest update.

Key Highlights:

  • Samantha Wolfe

    Samantha Wolfe

    Limited Movement in EB-2 and EB-3 Categories: USCIS and the State Department have reported minimal progress in the EB-2 and EB-3 categories for various regions, with exceptions for India and China.

  • Use of Dates for Filing Chart: USCIS continues to utilize the Dates for Filing chart to determine eligibility for I-485 filings, reflecting priority dates expected to become current during the fiscal year.
  • Impact on India and China: The final action dates for China and India across all employment-based categories, except for the Other Workers category for India, show no significant advancement.
  • Continued EB-1 Category Retrogression: Despite hopes for advancement, the EB-1 category, particularly for China and India, has experienced little to no movement, impacting individuals seeking shorter green card wait times.

Read more >>

February 1, 2024

Immigration Alert: USCIS Announces H-1B Cap Registration Dates and Significant Fee Increases

Sarah Bileti

By Sarah Bileti and Samantha Wolfe

United States Citizenship and Immigration Services (USCIS) made several noteworthy announcements this week regarding H-1B cap registration timing, the expansion of online filings, and fee increases for immigration and naturalization benefit requests.

FY 2025 H-1B Cap Initial Registration Period & Online Filing

Samantha Wolfe

Samantha Wolfe

USCIS confirmed that the initial H-1B cap registration period for the FY 2025 cap will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024.  In addition, on February 28, 2024, USCIS will launch new organization accounts in the USCIS online portal.  This enhancement will allow collaboration between multiple employer representatives and their external legal teams in preparing and submitting H-1B cap registrations and H-1B petitions and associated requests for premium processing.  USCIS will begin accepting electronically filed non-cap H-1B petitions and associated requests for premium processing on February 28, 2024, and cap subject H-1B petitions for beneficiaries selected in this year’s cap lottery on April 1, 2024.  While electronic filing will become available as of these dates, petitioners will continue to have the option to file paper H-1B petitions if they prefer.  Dependent applications will not be eligible for electronic filing.

USCIS Published a Final Rule Adjusting Fees

For the first time since 2016, USCIS published a final rule on January 30, 2024, adjusting certain immigration related fees, stating that these increases will cover a greater share of the agency’s operating costs and support more efficient processing of applications.  According to the final regulation, the “fee rule is not intended to reduce or limit immigration.  These fee adjustments reflect DHS’s best effort to balance access, affordability, equity, and benefits to the national interest while providing USCIS with the funding necessary to maintain adequate services.”  The new fees, some of which are highlighted in the chart below, will go into effect on April 1, 2024. Read more >>

January 30, 2024

Navigating USCIS Policy Updates on Extensions of Stay and Change of Status Requests

Ann Lee

Ann Lee

by Ann Lee and Samantha Wolfe

On January 24, 2024, U.S. Citizenship and Immigration Services (USCIS) introduced significant changes regarding untimely filed requests for change of status or extension of stay for nonimmigrants, particularly under exceptional circumstances. This updated guidance, effective immediately, empowers USCIS with the discretion to excuse delays in these filing processes.

Understanding the Background

Samantha Wolfe

Samantha Wolfe

Nonimmigrants admitted to the United States for specific periods often seek extensions to continue activities permitted under their nonimmigrant status. Similarly, some individuals may aspire to change their status to another nonimmigrant classification, subject to meeting specific requirements. The extension and change of status applications or petitions are required to be filed within a certain time period of an event, such as a status expiration.

While USCIS typically maintains a stance against approving untimely filed requests, this policy revision now allows for discretion in cases where individuals face obstacles in filing within the prescribed timeframe and clarifies examples of extraordinary circumstances. Given the discretionary nature of the policy update, it remains imperative for individuals to uphold their status and adhere to filing deadlines for change of status or extension of stay requests. Read more >>

January 23, 2024

Business Immigration – Looking Ahead to the 2024 H-1B Cap Lottery and Other Developments Employers Should Watch For

Sarah Bileti

By Sarah Bileti

Over the past year the immigration landscape has been shaped by a myriad of factors including mass tech layoffs, the easing of COVID related travel restrictions, and changing employer attitudes regarding remote work.  As we move into the new year there are several issues and trends employers should be aware of.

Changes to the H-1B Cap Lottery Registration System. 

The H-1B visa is the most used and sought after nonimmigrant employment visa for foreign professional workers with a congressionally mandated annual quota of 65,000 and an additional 20,000 for foreign nationals holding a U.S. master’s or advanced degree.

Given the limited number of H-1B visas available annually, the demand far surpasses the supply.  As a result, United States Citizenship and Immigrations Services (USCIS) utilizes an annual lottery system that requires employers to submit an electronic registration form for each foreign worker they wish to employ in H-1B status.  The lottery registration period generally runs for the first two weeks of March each year, with results emailed to employers on or before April 1st.  USCIS received 483,927 registrations in 2022 and 780,884 registrations in 2023, representing an unprecedented increase of over 60% year on year. Read more >>

October 10, 2023

Talent Without Borders: Immigration Insights – October-November 2023

Sarah Bileti

By Sarah Bileti and Emma Fahey

  • A government shutdown was narrowly avoided on September 30, 2023 after Congress passed a continuing resolution to fund the government for an additional 45 days. However, another shutdown is possible if Congress does not pass the required bills by the end of the 45-day resolution on November 17, 2023.  In the event of a government shutdown, various immigration-related agencies would likely pause operations or continue to operate on a limited scale.  Of particular import to employers are United States Citizenship & Immigration Services (USCIS) and the Department of Labor (DOL).
    • USCIS: Although USCIS is a fee-funded agency and would likely continue to function relatively unaffected throughout a government shutdown, programs that receive appropriated funds – such as E-Verify and Conrad 30 J-1 doctors – would be suspended.
    • DOL: Further, the DOL’s Office of Labor Certification (OFLC) would shut down completely and be unable to process applications through its online portal. These include PERM applications, prevailing wage requests, and Labor Condition Applications (LCAs) required to file H-1B petitions.

Read more >>

September 19, 2023

Talent Without Borders: Immigration Insights – September-October 2023

Sarah Bileti

By Sarah Bileti and Emma Fahey

  • The Department of State published the October 2023 Visa Bulletin Report on September 15, 2023 and announced that it will accept family and employment-based filings based on the Dates for Filing chart in October. As October is the first month of the 2024 government fiscal year (FY), the October Visa Bulletin Report shows some recovery from the retrogressions of the last several months of FY 2023. Every final action date in the October Visa Bulletin has advanced or remained the same relative to the September 2023 report, with notable advancements in the EB1 India category to 1/1/2017, from 1/1/2012 in September, and in the EB3 All Chargeability category from 5/1/2020 to 12/1/2021.  United States Citizenship and Immigration Services (USCIS) also updated its FAQs on the employment based annual limit noting that in FY 2024 the annual employment-based visa numbers are estimated to be 165,000.
  • The Department of State (DOS) began testing the implementation of digital visa authorization (DVA) at the U.S. Embassy in Dublin, Ireland earlier this September with a small number of K-1 (fiancé(e)) visas. If the initial trial is successful, the DOS hopes to extend the DVA to “other visa classes and additional posts in the future.”  Digital visa authorization would allow foreign nationals to travel without a traditional printed visa inserted into their passport, potentially eliminating the waiting time for the foreign national’s passport to be returned in the mail following a visa stamping appointment.
  • Read more >>

August 16, 2023

Talent Without Borders: Immigration Insights – August-September 2023

Sarah Bileti

By Sarah Bileti and Emma Fahey

  • Second Round of H-1B Cap Registration Selection – United States Citizenship and Immigration Services (USCIS) conducted a second round of the H-1B cap lottery between July 28th and 31st for Fiscal Year (FY) 2024. The new selections were welcomed by employers and employees alike following extremely low selection rates in the initial round of the lottery, with USCIS reporting 780,884 registrations received for 85,000 available slots. The new selections were drawn from the existing pool of H-1B registrations submitted in March 2023 and did not require any additional action from employers. H-1B petitions for registrations selected in the second round must be filed between August 2, 2023 and October 31, 2023.

Read more >>

July 28, 2023

Form I-9 Update & Remote Verification Procedure for E-Verify Employers

Sarah Bileti

By Sarah Bileti and Emma Fahey

Employers will soon be required to use a new version of Form I-9 for Employment Eligibility Verification, according to a July 2023 announcement by the Department of Homeland Security (DHS). The introduction of the revised form corresponds with the end of temporary COVID-19 flexibilities that allowed employers to remotely examine employee identity and work authorization documents between March 20, 2020 and July 31, 2023. For employers enrolled in E-Verify, the DHS has approved a permanent procedure for the remote verification of employee Form I-9 documents that will take effect on August 1, 2023. Read more >>

June 23, 2023

Recertifying I-9 Forms Processed Under COVID Flexibilities

Sarah Bileti

By Sarah Bileti

Question:  We are recertifying I-9 Forms that were processed under the COVID exception. Since our workforce is primarily remote, can we alter the form to allow for electronic signatures?

Answer: For employers who complete I-9s electronically, it is permissible to alter or create an I-9 form provided that employees are provided instructions for completing the form, the form is legible, there are not changes to the name, content, or sequence of the data elements and instructions, and no additional data elements or language are inserted.  An electronic signature may also be used provided that the system for capturing the electronic signatures meets the following criteria: Read more >>

June 22, 2023

Employment Based Green Card Processing: What Employers Should Know Regarding the Importance of Drafting the PERM Notice of Filing

Sarah Bileti

By Sarah Bileti

What is PERM?

To hire a foreign worker on a permanent basis, the most common pathway for employers to sponsor an employee for a Green Card is through obtaining a permanent Labor Certification from the U.S. Department of Labor (DOL).  This Labor Certification is the first step in the sponsorship process, and it is obtained by filing an application through the DOL’s Program Electronic Review Management (PERM) process. Read more >>