On March 18, 2024, the Department of Homeland Security (“DHS”) announced three planned pilot programs to be introduced this year which will utilize artificial intelligence (“AI”) for the advancement of homeland security. DHS’ first “Artificial Intelligence Roadmap” outlines how the government will use AI to deliver “meaningful benefits to the American public and advance homeland security, while ensuring that individuals’ privacy, civil rights, and civil liberties are protected.”
Read moreUSCIS Fee Increases to Begin April 1, 2024
United States Citizenship and Immigration Services (“USCIS”) announced the publication of a final rule to adjust immigration and naturalization requests fees. Noting that the fee increase is the first since 2016, and necessary for recovering the costs of operations, the new fees will be effective on April 1, 2024. The new fee schedule table details the filing fees to be collected by petition or application type. “For individual filers, the final rule generally limits newly established fees to no more than the increase in the Consumer Price Index since 2016, which is 26%.” However, the fees associated with employment-based visas and employer sponsored green card petitions have been significantly increased.
Read moreDHS Publishes Proposed Rule to Modernize H-1B Program
On October 23, 2023, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking in the Federal Register to “modernize the H-1B specialty occupation worker program.” There is a sixty-day notice and comment period for the proposed rule, and the public is invited to submit comments on the Federal Register website.
The proposed rule sets out to impose changes to the H-1B program, as well as to codify a number of existing rules. We must point out that the proposed rule is quite lengthy; therefore, our summary does not cover all of the proposed changes. We will outline a few of the most notable proposed changes below which we feel may be of most interest to our community.
Read moreH-1B Visa Domestic Visa Renewal Pilot Program Set to Start in January 2024
On November 28, 2023, the Department of State (“DOS”) announced the launch of a Pilot Program which will permit an initial Twenty Thousand H-1B visa holders to renew their visas by mailing them to the State Department rather than having to travel abroad to renew. The program which was first made public in February 2023 is set to debut in January 2024.
Read more180-Day Automatic Extensions of Employment Authorization Documents
United States Citizenship and Immigration Services (“USCIS”) announced on October 27, 2023, they would be reverting back to 180-day automatic extensions of employment authorization and EAD validity for those eligible applicants who timely file a Form I-765 renewal application on or after October 27, 2023. This announcement follows a Temporary Final Rule (“TRF”) adopted by USCIS from May 4, 2022, through October 26, 2023, which increased the automatic extension period for employment authorization and Employment Authorization Documents (“EADs”) available to certain EAD renewal applicants up to 540-days. Please note that this change to automatic 180-day renewals does not affect beneficiaries who were granted automatic extensions of up to 540-days during the time the TRF was in effect. For beneficiaries of the 540-day extension, the increased automatic extension “will end when they receive a final decision on their renewal application or when the up to 540-day period expires (counted from the expiration date of the employment authorization and/or their EAD), whichever comes earlier.”
Read moreUSCIS Updates EAD Authorization to Five Years for Certain Noncitizens, Including Adjustment of Status Applicants
United States Citizenship and Immigration Services (“USCIS”) announced on September 27, 2023, it is increasing the maximum validity for initial and renewal of Employment Authorization Documents (“EADs”) to 5 years for certain noncitizens. Applicants for initial and renewal EADs, including applicants for adjustment of status, in both employment and family based categories, will receive an EAD with a maximum five-year validity, as opposed to two-years. This change is being implemented by USCIS immediately, “and applies to Applications for Employment Authorization, that are pending or are filed on or after September 27, 2023.”
Read moreUS Implements Limits to Hungarian Nationals’ ESTA Authorizations
On August 1, 2023, the Department of Homeland Security (“DHS”) announced the validity period for travel to the US offered to citizens or nationals of Hungary under the Visa Waiver Program (“VWP”) utilizing the Electronic System for Travel Authorization (“ESTA”) has been reduced from two years to one year. Additionally, only single visits will be allowed under each ESTA application, as opposed to multiple entries. According to the US Embassy in Budapest, the reduction of ESTA validity is due to the “Hungarian Government’s inaction” to meet VWP security requirements in line with its “simplified naturalization process” granting Hungarian citizenship “to nearly one million people between 2011 and 2020 without adequate security measures in place to verify their identities.” The reduction in ESTA validity will affect new ESTA applications received after the implementation of the regulation on August 1, 2023 and is not retroactive. All ESTA approvals granted before August 1, 2023 remain valid for two years and more than one entry.
COVID-19 Vaccination Requirements for International Travelers to End May 11, 2023
As of May 12, 2023, international air travelers will no longer be required to show proof of COVID-19 vaccination to enter the US by air. The Biden Administration will also end the vaccine requirements for Federal employees and Federal contractors, on the same day which coincides with the end of the public health emergency. The vaccine requirements have been in place since November 2021 when the US government lifted the travel bans instituted at the height of the COVID-19 pandemic to help ease the spread of the COVID-19 virus. The Biden Administration is ending the international air travel COVID vaccine requirement “at the end of the day” on May 11, 2023.
Read morePilot Program for H and L Visa Renewal in the US Announced
Keeping in line with its efforts to improve visa processing backlogs at the consulates and embassies around the world, the Department of State (“DOS”) announced a plan to launch a pilot program for H and L visa holders to renew their visas in the US, instead of having to travel abroad. In an interview with Bloomberg Law, Julie Stufft, deputy assistant secretary for visa services in the Bureau of Consular Affairs, shared the news of the program that should be initiated later this year.
In 2004, the DOS discontinued domestic visa reissuance service for certain nonimmigrant visas in the United States. Restarting the program by permitting certain H and L visa holders to revalidate their visas domestically, rather than having to travel internationally to renew their visas, is the latest means DOS is planning to take to alleviate the visa application backlogs that developed at consulates as a result of the COVID-19 pandemic. We will keep you updated as more details surrounding the launch of the pilot program become available.
Changes Implemented at US Embassy and Consulates in India to Alleviate Visa Processing Backlogs
Following the Department of State’s (“DOS”) October 2022 update on its efforts to improve visa processing backlogs that resulted due to worldwide embassy closures throughout the world due to the COVID-19 pandemic and its commitment to lowering visa interview wait times , the United States Mission in India has expanded its services. Beginning January 21, 2023, the US Embassy in New Delhi and Consulates in Chennai, Mumbai, Hyderabad, and Kolkata have opened consular operations on Saturdays to accommodate first-time visa applicants who require in-person visa interviews.
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