Keep Up With the Latest Immigration News & Laws

As of January 5, 2023, The Department of Homeland Security (DHS) is beginning to expand its parole program, (with more details to be released soon), for certain nationals of Venezuela to now include certain nationals of Cuba, Haiti, and Nicaragua and their qualifying immediate family members, who will have the opportunity to request advance authorization to travel to the U.S. to seek parole. Noncitizens will be able to schedule appointments to present themselves at ports of entry, facilitating safe, orderly and lawful pathways to the United States. Let our experienced attorneys help you take advantage of this unique opportunity!

USCIS Announces Strengthened Integrity Measures for H-1B Program

Release Date

01/30/2024

Announces FY 2025 H-1B Cap Initial Registration Period and Online Filing of H-1B Petitions

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced a final rule to strengthen the integrity of and reduce the potential for fraud in the H-1B registration process, including by reducing the potential for gaming the registration system and ensuring each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf. USCIS is also announcing the initial registration period dates for the fiscal year (FY) 2025 H-1B cap, and the launch of an online filing option for Forms I-129, Petition for a Nonimmigrant Worker, and Form I-907, Request for Premium Processing Service, for H-1B petitioners.

“We’re always looking for ways to bolster integrity and curtail the potential for fraud while improving and streamlining our application processes,” said USCIS Director Ur M. Jaddou. “The improvements in these areas should make H-1B selections more equitable for petitioners and beneficiaries and will allow for the H-1B process to be fully electronic from registration, if applicable, until final decision and transmission of approved petitions to the Department of State.”

H-1B Registration Final Rule

This final rule contains provisions that will create a beneficiary-centric selection process for registrations by employers, codify start date flexibility for certain petitions subject to the congressionally mandated H-1B cap, and add more integrity measures related to the registration process.

Under the beneficiary centric process, registrations will be selected by unique beneficiary rather than by registration. This new process is designed to reduce the potential for fraud and ensure each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf by an employer. Starting with the FY 2025 initial registration period, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary. The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document.

USCIS is also clarifying requirements regarding the requested employment start date on certain petitions subject to the congressionally mandated H-1B cap to permit filing with requested start dates that are after Oct. 1 of the relevant fiscal year, consistent with current policy.

Additionally, the H-1B final rule codifies USCIS’ ability to deny or revoke H-1B petitions where the underlying registration contained a false attestation or was otherwise invalid. Also under the new rule, USCIS may deny or revoke the approval of an H-1B petition if it determines that the fee associated with the registration is declined, not reconciled, disputed, or otherwise invalid after submission.

USCIS has also announced the Fee Schedule final rule. That rule will go into effect after the initial registration period for the FY 2025 H-1B cap. Therefore, the registration fee during the registration period starting in March 2024, will remain $10.

A new edition of Form I-129 with the H-1B Registration final rule and Fee Schedule final rule changes will soon be available to preview on uscis.gov (edition date 04/01/24). On April 1, 2024, only the 04/01/24 edition of Form I-129 will be accepted.

The H-1B Registration final rule makes final some provisions proposed in the Oct. 23, 2023, Notice of Proposed Rulemaking (NPRM). Note that DHS intends to publish a separate final rule to address the remaining provisions contained in the NPRM.

FY 2025 H-1B Cap Initial Registration Period

The initial registration period for the FY 2025 H-1B cap will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024. During this period, prospective petitioners and their representatives, if applicable, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.

For more information on the H-1B Cap Season, visit H-1B Cap Season webpage.

Organizational Accounts and Online Filing for Forms I-129 and I-907

On Feb. 28, 2024, USCIS will launch the previously announced new organizational accounts in the USCIS online account that will allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907.

Also on Feb. 28, USCIS will launch online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions. On April 1, USCIS will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.

Petitioners will continue to have the option of filing a paper Form I-129 H-1B petition and any associated Form I-907 if they prefer. However, during the initial launch of organizational accounts, users will not be able to link paper-filed Forms I-129 and I-907 to their online accounts.

As a reminder, USCIS recently announced a final rule that will increase the filing fee for Form I-907, to adjust for inflation, effective Feb. 26, 2024. If USCIS receives a Form I-907 postmarked on or after Feb. 26, 2024, with the incorrect filing fee, we will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.

For more information on USCIS and its programs, please visit uscis.gov or follow USCIS on Twitter, Instagram, YouTube, Facebook and LinkedIn.

If you’re an Afghan national who was paroled into the U.S. for humanitarian reasons on or after July 30th, 2021 your filing fees for I-485 may be waived. Processes for work authorization, Green Cards, and other associated services are being streamlined. Let our experienced attorneys help you take advantage of this unique opportunity to move forward in your immigration journey.

Local Filing of Form I-130 Petitions Filed by U.S. Citizens on Behalf of Afghan, Ethiopian, and Ukrainian Immediate Relatives Fleeing Conflict

If you are a U.S. citizen who is physically present overseas with your Afghan, Ethiopian, or Ukrainian immediate family members and have not yet filed an immigrant visa petition with USCIS, you may request to locally file a Form I-130 petition at the nearest U.S. embassy or consulate that processes immigrant visas. This applies only to U.S. citizens affected by the large-scale disruptive events in Afghanistan, Ethiopia, and Ukraine. Such citizens must be physically present in the country where they wish to file petitions. They can request to locally file on behalf of their spouses, unmarried children under the age of 21, and parents who fled Afghanistan after August 2, 2021; Ethiopia after November 1, 2020; or Ukraine after February 1, 2022.

For more information click the link to visit the source article: https://travel.state.gov/content/travel/en/News/visas-news/local-fling-of-form-I-130-petitions-filed-by-u-s-citizens-on-behalf-of-afghan-ethiopian-and-ukrainian-immediate-relatives-fleeing-conflict.html?fbclid=IwAR3v79Rw27aqcw_0DBjwwD34YjrVeSRPXNrbG5XiYTLzhNWMjf33PPVV_o0

U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status), until Sept. 30, 2022.

This temporary waiver will help applicants who have been affected by the COVID-19 pandemic and related processing delays, which have sometimes caused delays in completing the immigration medical examination. Temporarily allowing applicants to submit their underlying application for an immigration benefit with a completed Form I-693, even if the civil surgeon signed more than 60 days prior, will allow individuals to complete the application process without the need to undergo another immigration medical examination if Form I-693 is otherwise valid.

The temporary waiver will benefit many applicants, including Afghan nationals evacuated under Operation Allies Welcome who have completed immigration medical examinations at government-run facilities but were not able to apply for adjustment of status within 60 days of the completed examination.

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USCIS Issues Updated Policy Guidance on Criteria for Expedite Requests

RFE’s and NOID’s are having their guidance updated. Basically, 485’s cannot and no longer will be denied, without issuance of an RFE or NOID, so hopefully no need to file endless motions to re-open, for missing things like I-864 info, or medical exams; EAD’s based on adjustment app’s will now be for 2 years, instead of 1, starting immediately; and Info on COVID travel exemptions has been updated.

Important Announcement

The Department of State has issued a form for U.S. citizens and Lawful Permanent Residents (LPR) of the United States and their eligible family members who need assistance regarding the current Russian conflict in Ukraine. Upon submitting this form, please continue to monitor official U.S. government websites, for updated information.

Crisis Intake Form

Call (716) 634-6500 now to see how we can start your immigration journey!