On April 4, 2024, US Citizenship and Immigration Services (“USCIS”) announced that effective immediately, any Form I-693, Report of Immigration Medical Examination and Vaccination Record, which was properly completed and signed by a civil surgeon on or after November 1, 2023, does not have an expiration date. The service noted that the Form can be used indefinitely to evidence that the applicant is “not inadmissible on health-related grounds.” This determination was made by USCIS in consultation with the Centers for Disease Control and Prevention (“CDC”) and “based on advances in public health electronic notification.”
DHS to Introduce AI Pilot Programs
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 moreUSCIS Increases Certain Premium Processing Fees
On December 27, 2023 United States Citizenship and Immigration Services (“USCIS”) announced that as a result of inflation, the agency will be increasing the premium processing fees of certain employment-based applications and petitions effective February 26, 2024.
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 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 moreUSCIS Will No Longer Require Biometric Services Fee for Form I-539 Applicants
Effective October 1, 2023, United States Citizenship and Immigration Services (“USCIS”) will no longer require applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, to pay the $85 biometric services fee as part of the application process. Additionally, in most cases, applicants will not be scheduled to attend a biometric services appointment. “However, if USCIS determines that biometrics are required, the applicant will receive a notice with information about appearing for their biometric services appointment.”
Read moreEmployment Authorization Documents Based on Compelling Circumstances
On June 14, 2023, United States Citizenship and Immigration Services (“USCIS”) announced new policy guidance has been added to its Policy Manual addressing the eligibility criteria for the issuance of employment authorization documents in compelling circumstances. Classified as those circumstances which are “beyond the usual hardship associated with job loss”, Volume 10 of the USCIS Policy Manual, details what foreign nationals must show in order to be eligible for an initial Employment Authorization Document (“EAD”) based on compelling circumstances.
Read morePremium Processing Extended to Applicants Seeking to Change into F, M, or J Nonimmigrant Status
As part of its campaign to expand premium processing service, United Sates Citizenship and Immigration Services (“USCIS”) announced it will begin to offer premium processing for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, to change into F, M, or J Nonimmigrant Status. USCIS will offer premium processing to those seeking to change their status to F, M, or J in phases according to the following schedule:
As of June 13, 2023, USCIS is accepting premium processing requests for currently pending I-539 applications for those seeking to change status to F-1, F-2, M-1, J-1, or J-2 status.
Beginning June 26, 2023, the agency will accept I-907 requests for premium processing requests from applicants filing new I-539 applications to change status to F-1, F-2, M-1, M-2, J-1, or J-2 status.
USCIS Releases Record FY24 H-1B Registration Numbers and Launches Investigation into Fraudulent Entries
Following up on its March 27, 2023 announcement that it had received enough initial registrations for the Fiscal Year 2024 (“FY24”) H-1B Cap, United States Citizenship and Immigration Services (“USCIS”) has released data about the number of registrations received for the visa lottery. USCIS received a record breaking 780,884 H-1B registrations during the three week registration period. Of these over 780 thousand registrations, USCIS determined 758,994 were eligible registrations. This figure excludes duplicate registrations, those with failed payments, and those that were deleted by prospective employers prior to the closing of the registration period. The number of registrations for FY24 mark a sixty-one percent increase from 474,421 eligible registrations received for FY23. This significant increase has raised “serious concerns” and USCIS has begun to investigate potential employers who may have worked together to submit multiple registrations on behalf of the same beneficiary to increase their chance of being selected in the H-1B lottery.
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