On January 30, 2024, USCIS announced that most immigration application filing fees will increase on April 1, 2024. The increases are significant in amount and unprecedented in their reach, leaving a strong possibility that they will be challenged in court, before they go into effect. Employers filing I-129 Petitions to sponsor H-1B, L, and O workers will be hit especially hard, by a double whammy of increases in Premium Processing from $2500 to $2805 (going into effect on 2/26) and a mandatory $600 Asylum Program fee, (going into effect on 4/1), wmust be submitted with every I-129 form regardless of how many I-129s an employer has submitted for the same employee. Continue reading “70% Increase in USCIS Filing Fees for H-1B, L, and O Applications on April 1, 2024”
USCIS Premium Processing Fees going up on February 26, 2024
After three years with no increase, Premium Processing fees for all USCIS forms will increase on February 26, 2024. Any Form I-907 requests for premium processing arriving at USCIS on or after that date will need to be submitted with the higher fees. Continue reading “USCIS Premium Processing Fees going up on February 26, 2024”
H-1B Lottery Begins on March 6, 2024: It’s Time to Prepare
The H-1B Lottery Registration Window Opens March 6, 2024. The ending date of the registration will be March 22, 2024. Employers and potential H-1B workers should determine now, whether they will enter and start preparing the necessary information and documentation for the submission. While an immigration attorney is not required for employers to submit their entries, it is highly recommended to have counsel for the process, as the USCIS online system can be confusing and prone to snafus.
Employers should consider entering any foreign workers who are on Optional Practical Training (OPT), STEM OPT, or who hold other nonimmigrant statuses, such as TN and O-1into the lottery. Evaluating the job description, salary requirements and credentials of each potential entry is important, as well as determining whether the foreign national might qualify for the master’s cap, giving them a better chance of selection. Experienced H-1B counsel can also assist in determining whether a particular candidate in a particular position, will have a successful H-1B application after being selected. Continue reading “H-1B Lottery Begins on March 6, 2024: It’s Time to Prepare”
H-1B Domestic Visa Validation Pilot Starts on January 29: How To Manual
Overview
On December 21, 2023 the Department of State published information on a pilot project to provide visa renewals in the United States. Currently, any foreign national who needs to obtain a new U.S. visa must leave the United States to have their passport processed by a U.S. consulate abroad. This costly, inconvenient, and unpredictable process has long been a source of frustration for visa holders, and their employers. Below we provide details on this long awaited pilot. As strong advocates for our clients, we sincerely hope that it will be a success and will be rolled out for everyone during 2024. Continue reading “H-1B Domestic Visa Validation Pilot Starts on January 29: How To Manual”
Premium Processing Expanded to Initial NIW and Multinational Manager I-140s on January 30, 2023
USCIS has announced the final phase of Premium Processing expansion for EB-1 I-140 petitions. Starting on January 30, 2023, USCIS will accept Form I-907 applications for all pending multinational manager and executive petitions as well as National Interset Waiver (NIWs) petitions AND all initial filings for these categories. USCIS has also announced that additional Premium Processing expansions will be announced in March for F-1 students seeking work authorization throuhg Optional Practical Training (OPT) and STEM OPT.
These announcements continue the slow roll out of addtional categores of USCIS applications in which the Premium Processing service is available. This service costs $2500 and guarantees the applicant that USCIS will take some action on a petition with in 15 calendar days for most petitions, including I-129s and many I-140s. For NIWs and Multinational Manager I-140s USCIS has increased the time frame to 45 days.
This is a welcome announcement for applicants and employers alike. Current procesing times for NIWs and Multinational Manager petitions can run upwards of 18 months leaving applicants in bureacratic limbo for long periods of time. However, careful consdideration must be given when deciding whether to opt for the Premium Processing Service. Immigration practitioners and hard data both confirm that applicants who choose Premium Processing are much more likely to receive Requests for Evidence (RFE) on their petitions from USCIS. Once an RFE is recieved, the clock stops, and does not restart again until the applicant responds to the RFE.
More information on Premium Processing and application eligibility can be found here.
Options for H-1B Workers after Employment Termination
With recent layoffs in the tech industry, H-1B and other nonimmigrant workers may find themselves stranded in the US with no work and potentially no legal immigration status. USCIS has issued detailed information for these workers, explaining their options and some relief that may be available in certain circumstanes:
60-Day Grace Period: Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status following the cessation of employment for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter. During this period, workers may be able to maintain their nonimmigrant status if a new employer timely files a petition on their behalf with an extension of stay request (e.g., an H-1B change of employer petition for a worker in H-1B status).
Portability: Portability rules permit workers currently in H-1B status to begin working for a new employer as soon as the employer properly files a new H-1B petition with USCIS, without waiting for the petition to be approved. Also, a worker with an adjustment of status application (Form I-485) that has been pending for at least 180 days with an underlying valid immigrant visa petition (Form I-140) has the ability to transfer the underlying immigrant visa petition to a new offer of employment in the same or similar occupational classification with the same or a new employer.
Change of Status and/or Employer: Workers may use the up to 60-day discretionary grace period to apply to change their nonimmigrant status, which may include changing status to become the dependent of a spouse (e.g., H-4, L-2). Some individuals in a dependent nonimmigrant status may be eligible for employment authorization incident to status, including spouses of E-1, E-2, E-3, or L-1 nonimmigrants.
There are other options available as well, depending upon individual circumstances. It is highly advisable for anyone who finds themself terminated from the employment that is underlying their nonimmigrant visa status to contact immigration counsel to review all of the legal options, and immigration consequences of the termination.
Good USCIS News: Policy Pronouncements Recognize Real-Life Customer Service Issues and try to Fix Them
New polices going into effect today will address application processing delays and their negative impacts on applicants, including loss of work authorization due to USCIS processing delays; delayed foreign national start dates due to USCIS adjudication delays and RFEs; and giving more applicants more opportunities to request that their applications be expedited.
Work Permit Validity Extended: from 1 year to 2 years for Adjustment of Status Applicants (Category C-09). This will greatly reduce the inconvenience or applying for new permits and job loss due to expiring permits; Continue reading “Good USCIS News: Policy Pronouncements Recognize Real-Life Customer Service Issues and try to Fix Them”
Hiring and Immigration: Questions to Ask and Factors to Consider
Hiring season is fraught with questions and uncertainties; preparing employment applications; interviewing, drafting offer letters….. What questions can be asked? What questions should be asked? These concerns are even more pronounced when it comes to immigration status, and immigration sponsorship. Those tasked with the hiring process often ask, whether it is legal to ask applicants about their immigration status, how to ask that question, and even more important, “Do we have to sponsor for immigration status if the applicant needs it?”
H-1B Wage Rules Rescinded – Another Win for Employment-Based Immigration
A challenge brought by the U.S. Chamber of Commerce to the new H-1B wage levels and the new definition of “Specialty Occupation” was upheld by the United States District Court for the Northern District of California on December 1, 2020. The plaintiff’s Summary Judgement motion was granted when the Court held that the government failed to demonstrate good cause for not following the normal notice and comment procedures required for immigration regulations. The government’s failure to follow the proper rulemaking procedures makes the new rules invalid and requires them to be rescinded by the government. Continue reading “H-1B Wage Rules Rescinded – Another Win for Employment-Based Immigration”
Proposed Student Visa Rules end Duration of Status, Require Extension Applications
On September 25, Immigration and Customs Enforcement (ICE), the DHS agency with jurisdiction over F-1 foreign student visa holders, published new proposed regulations that would end the long time U.S. practice of issuing “Duration of Status” to F-1 students. Instead, F-1 visa holders would be limited to 2 or 4 year visa terms depending upon their country of origin, and be required to reapply for F-1 Status through USCIS to obtain extensions, or to leave the United States and apply for an extension . The proposed regulations were immediately criticized by the higher education community. The rules were called ill-conceived, misguided, unnecessary, and a burden to an industry that has already seen a steady decline in international student admissions. Read the full blog post here.