Visa Lawyer Blog

Articles Posted in Employment-Based Categories

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It’s that time of the year again. The H-1B cap season for FY 2024 will soon be in full swing.

USCIS has just announced that the H-1B initial registration period for the FY 2024 cap is scheduled to open at noon ET on March 1, 2023 and will remain open until noon ET on March 17, 2023.

Prospective petitioners (also known as registrants), and their authorized representatives, who are seeking authorization to employ H-1B workers subject to the cap, must complete an electronic registration process on their myUSCIS online account to receive a chance at selection. The registration process is simple and easy, requesting only basic information about the prospective petitioner and each requested worker.

The H-1B FY 2024 selection process will be based off properly submitted electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions.

That means that in order to have a chance of being selected, all prospective petitioners and their authorized representatives seeking to file H-1B cap-subject petitions for FY 2024, including for beneficiaries eligible for the advanced degree exemption, must first register during the registration period (March 1, 2023, to March 17, 2023) and pay the associated $10 registration fee for each beneficiary.

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girls-gd854827cc_1280Welcome back to the start of a brand-new week! In this blog post we share with you an exciting new update from the United States Citizenship and Immigration Services (USCIS).

Today, January 23, 2023, USCIS announced that it is extending the green card validity period of conditional permanent residents who have a pending Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status for EB-5 immigrant investors, as well as those filing new petitions.

What is this all about?

USCIS is extending validity of Permanent Resident Cards (also known as Green Cards) for a period of 48 months (4 years) beyond the green card’s expiration date for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.

USCIS began to implement this extension on January 11, 2023, for Form I-829 petitioners and has announced that it will start to implement the extension starting on January 25, 2023, for Form I-751 petitioners.

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Today, January 12, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that it is implementing the final phase of its expansion of premium processing for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 immigrant classifications.

Who does this phase apply to?

This phase applies to new (initial) petitions, and all previously filed Form I-140 petitions under an E13 multinational executive and manager (EB-1C) classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW) (EB-2).

When does premium processing open for new and pending EB-1C and EB-2 petitions?

Under the final phase of premium processing, effective January 30, 2023, USCIS will begin accepting premium processing upgrades for:

  • All pending E13 multinational executive and manager petitions (EB-1C) and E21 NIW petitions (EB-2), and
  • All initial E13 multinational executive and manager petitions (EB-1C) and E21 NIW petitions (EB-2)
  • Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.

The expansion of premium processing was first known to the public with the release of the final rule entitled, “Implementation of the Emergency Stopgap USCIS Stabilization Act,” published in the Federal Register on March 30, 2022. As part of this final rule, USCIS announced the gradual expansion of premium processing to certain additional form types over a three-year period.

Background of the Planned Expansion of Premium Processing

The first phase of the planned expansion of premium processing was announced during May of 2022 and applied to certain pending EB-1 Multinational Executive and Manager and EB-2 NIW petitions.

Later, in July the agency announced a second phase of premium processing expanding premium processing of these categories to EB-1C petitions received by USCIS on or before July 1, 2021, and EB-2 petitions received by USCIS on or before August 1, 2021.

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Welcpuzzle-g75f3e575f_1920ome back to Visalawyerblog! We hope you had a wonderful holiday break and wish you a prosperous new year ahead.

We kick off the new year with some important updates in the world of immigration.

Today, the United States Citizenship and Immigration Services (USCIS) officially announced a Notice of Proposed Rulemaking (NPRM) that will be posted in the Federal Register tomorrow Wednesday, January 4, 2023 that will increase filing fees for certain types of immigration benefits. An unpublished version is already available in the Federal Register.

A 60-day public comment period will follow the publication of the NPRM on January 4, 2023 and will close on March 5, 2023.

Fees will not change until the final rule goes into effect, and only after the public has had the opportunity to comment and USCIS finalizes the fee schedule in response to such public comments. USCIS will host a public engagement session on the proposed fee rule on January 11, 2023.

According to USCIS, the proposed fee increases are necessary to ensure that the agency will have enough resources to provide adequate services to applicants and petitioners moving forward. The agency has said that after having conducted a review of current fees, it has determined that it cannot cover the full cost of providing adjudication and naturalization services without a fee increase.

The agency cited the COVID-19 pandemic as one of the factors leading the agency to increase its fees. As you may recall, the pandemic caused a dramatic reduction in the filing of new applications, leaving USCIS with a substantial decrease in revenues of 40 percent. This unfortunate drop in applications led USCIS to reduce its workforce accordingly.

With current resources, the agency has said it is incapable of adjudicating applications in a timely manner, when considering that agency caseloads are now returning to pre-pandemic levels.

Among the new proposals included in the NPRM are measures that:

  • Incorporate biometrics costs into the main benefit fee and remove the separate biometric services fee
  • Require separate filing fees for Form I-485 and associated Form I-131 and Form I-765 filings
  • Establish separate fees for Form I-129, Petition for Nonimmigrant Worker, by nonimmigrant classification.
  • Revise the premium processing timeframe interpretation from 15 calendar days to 15 business days
  • Create lower fees for certain immigration forms filed online.

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Welcome back to Visalawyerblog! We hope you had a wonderful Christmas break with your families.

In this blog post, we share a new update from the State Department regarding the continuation of its interview waiver policy for certain nonimmigrant visa types.

In a new announcement, the Secretary of State has revealed that it is extending its interview waiver policy for certain nonimmigrant visa types until December 31, 2023, allowing Consular officers to continue to waive the in-person interview requirement for certain classes of immigrants.

What is the extension all about?

As you might recall back in December of last year, the State Department first announced its interview waiver policy for temporary workers applying for H-1, H-3, H-4, L, O, P, and Q visas in their country of nationality or residence, following USCIS approval of their petitions.

The State Department has now confirmed it will continue its interview waiver policy until at least the end of 2023.

Who qualifies?

Interview Waiver Policy for H, L, O, P, Q visas

Pursuant to the interview waiver policy, Consular officers have the discretion to waive the visa interview requirement for:

  • individual petition-based H-1, H-3, H-4, L, O, P, and Q applicants who were previously issued any type of visa, and that have not had any visa refusal or ineligibility issues in the past OR
  • first-time individual petition-based H-1, H-3, H-4, L, O, P, and Q who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), provided that they have no ineligibility issues and have previously traveled to the United States using an authorization obtained via the Electronic System for Travel Authorization (ESTA)

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Happy Holidays from the Law Offices of Jacob Sapochnick!

In this blog post, we share with you the release of the January Visa Bulletin for the year 2023, what you can expect for employment based and family preference categories, including visa availability, movement, and projections for each category in the months ahead.

What is the Visa Bulletin?

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

To be eligible to file an employment-based adjustment application in January, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

Those currently residing in the United States, may file for adjustment of status once their priority dates become current, following the adjustment of status filing chart guidance from the U.S. Citizenship and Immigration Services (USCIS).

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We close off the week with some new announcements from the United States Citizenship and Immigration Services (USCIS) regarding TPS extensions for Haitian nationals, and USCIS commitments to improve immigration in the new year – fiscal year 2023.

TPS Extended for Haitian Nationals

On December 5, 2022, the Secretary of Homeland Security, Alejandro N. Mayorkas, announced that the TPS designation for Haiti will be automatically extended for 18 additional months. Haitian nationals with TPS benefits will have the opportunity to re-register for an extension of their TPS benefits for a period of 18 months from February 4, 2023, through August 3, 2024.

This automatic extension has been granted because the Secretary has determined that conditions continue to exist to support Haiti’s TPS designation due to extraordinary and temporary conditions in the country including a prolonged political crisis, insecurity, gang violence, and catastrophic earthquakes. According to Secretary Mayorkas, “The conditions in Haiti, including socioeconomic challenges, political instability, and gang violence and crime – aggravated by environmental disaster – compelled the humanitarian relief we are providing today.”

As a reminder, Haitians entering the United States after November 6, 2022, are not eligible for TPS benefits and, will be subject to removal from the United States if they have no legal basis to remain in the country.

TPS will apply only to those individuals who have already been residing in the United States as of November 6, 2022, and who meet all other requirements to receive the TPS extension. Those who attempt to travel to the United States after November 6, 2022, are NOT eligible for TPS benefits.

Soon, the Department of Homeland Security will publish a notice in the Federal Register explaining the eligibility criteria and procedures to re-register for TPS, renew Employment Authorization Documents (EADs), and submission of initial TPS application under the re-designation.

For more information, please click here.

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In this blog post, we cover the release of the December Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of December.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

Adjustment of Status Filing Chart December 2022

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the  Dates for Filing chart in the Department of State Visa Bulletin for December 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for December 2022.

December 2022 Visa Bulletin Dates for Filing Cutoff Dates

Employment-Based Categories

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s December 2022 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

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Our readers will be happy to know that the Department of State has released a new update in the month of October on the status of worldwide consular visa operations.

The COVID-19 pandemic caused a period of uncertainty and created tremendous backlogs at the Consular level. As most of you will remember, Consular missions around the world suspended routine visa services in March of 2020 to combat the rapid spread of COVID-19. Later, the Department of State announced a phased resumption of routine visa services, however some Consulates and Embassies resumed services faster than others. Since then, things have slowly but surely started to turn around.

To help improve visa processing, the State Department has said that worldwide visa operations are now recovering faster than expected. More U.S. foreign service personnel have been hired to reduce visa interview wait times at Consular posts worldwide. It is expected that this year, the Department of State will reach pre-pandemic processing levels. This is amazing news for immigrants that have been waiting for visa interview appointments for months, or even years.

How did COVID-19 impact Worldwide Visa Operations?

The COVID-19 pandemic impacted the agency’s ability to process visa applications in two major ways.

First, restrictions on travel to the United States, social distancing, and local quarantine restrictions made it difficult to accommodate large groups of people inside Consular facilities, such as waiting rooms. This of course reduced the number of people that could be scheduled for in-person visa appointments dramatically, causing a reduction in the number of visa applications that could be processed.

Secondly, due to the suspension of visa services worldwide, the State Department experienced a substantial decrease in funding which led to a declining workforce in 2020 and 2021. This dramatically impacted the number of applications that could be processed.

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In this blog post, we cover the release of the November Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of November.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

Adjustment of Status Filing Chart November 2022

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the  Dates for Filing chart in the Department of State Visa Bulletin for November 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for November 2022.

November 2022 Visa Bulletin Dates for Filing Cutoff Dates

Employment-Based Categories

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s November 2022 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

  • EB-1: All countries, including India and China, will remain current.
  • EB-2: EB-2 China will remain at July 8, 2019 and EB-2 India at May 1, 2012. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India will remain at July 1, 2012, and EB-3 China will remain at July 15, 2018. All other countries will remain current.
  • EB–3 Other Workers: EB-3 China will remain at November 1, 2015, and EB-3 India will remain at July 1, 2012. A Date for Filing cut-off date of September 8, 2022, applies to all other countries.
  • EB-4: EB-4 El Salvador, Guatemala, and Honduras will remain at April 15, 2018, and EB-4 Mexico at October 15, 2020. All other countries remain current
  • EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), the Date for Filing for China will remain at January 1, 2016, India will have a Date for Filing cut-off imposed of December 8, 2019, and all other countries will remain current. For the EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure), the Date for Filing will remain current for all countries.

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