Visa Lawyer Blog

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We are pleased to announce that the U.S. Citizenship and Immigration Services (USCIS) will soon publish a new temporary final rule in the federal register aimed at streamlining the processing of renewal applications for Employment Authorization Documents (also known as EADs) and increasing the automatic extension period of EADs.

What does this new rule propose?

The new temporary final rule (TFR) proposes an increase of the automatic extension period of certain employment authorization documents (EADs) from up to 180 days to up to 540 days from the expiration date printed on EADs.

Who will benefit?

This automatic extension will benefit employment-authorized noncitizens to prevent workforce interruption for those that have pending employment authorization renewal applications with USCIS, which were timely and properly filed on or after October 27, 2023.

Additionally, to be eligible for the automatic extension, the EAD renewal application must still be pending with USCIS on the date of the rule’s publication in the Federal Register on April 8, 2024.

It will also benefit any eligible applicant who files a renewal EAD application during the 540-day period beginning on or after April 8, 2024 (the date of the rule’s publication in the Federal Register).

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In this blog post, we share with you some new updates for the H-1B cap season for fiscal year 2025 and beyond.

 H-1B Cap Initial Registration Period FY 2025

USCIS has announced that the initial registration period for the FY 2025 H-1B cap season will open at noon Eastern time on March 6, 2024, and run through noon Eastern time on March 22, 2024.

During the registration period, prospective petitioners and their representatives, 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 February 28, 2024, USCIS will launch new organizational accounts in the USCIS online account webpage 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, online.

Also on February 28, USCIS will launch online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions.

Online Filing of H-1B Cap Petitions and I-907 Starting April 1, 2024

On April 1, 2024, 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.

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On January 30, 2024, the U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register making significant fee increases for various immigration applications and benefit requests. This fee increase will be the first major adjustment in the filing fees since 2016. The increase is meant to address the agency’s operational and financial challenges to support the timely processing of new applications.

The fee increase will take effect starting April 1, 2024. All applications postmarked after this date will be subject to the fee increases in the final rule.

TIP: To avoid paying the higher fees, USCIS must receive applications before April 1, 2024.

Highlights

  • Form I-130 (Petition for Alien Relative), used to petition for family members, including marriage green cards, will increase by 26% to $675 for paper filing, and $625 for online filers.
  • Form I-129F (Petition for Alien Fiancé(e)), used by U.S. Citizens to petition for their fiancé(e) to enter the U.S., will increase by 26 percent from $535 to $675
  • Form I-485 (Application to Register Permanent Residence or Adjust Status), used by immigrants seeking a green card for permanent residency, will increase by 18% from $1,225 to $1,440. Employment authorization, and advance parole, will now cost an additional $260 and $630, respectively. Previously these applications carried no additional cost when filing them alongside adjustment of status applications

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Certain types of nonimmigrants will be expected to shell out more money for the nonimmigrant visa process.

The State Department has announced that starting June 17, 2023, nonimmigrant visa (NIV) application processing fees for visitor visas for business or tourism (B1/B2s and BCCs), and other non-petition based nonimmigrant visas such as student and exchange visitor visas (F, M, and J visas), will increase from $160 to $185.

Additionally, processing fees for certain petition-based nonimmigrant visas for temporary workers (H, L, O, P, Q, and R categories) will increase from $190 to $205.

Fees for a treaty trader, treaty investor, and treaty applicants in a specialty occupation (nonimmigrant E category) visa will also increase from $205 to $315.

What if I pay my nonimmigrant visa fee prior to June 17, 2023?

In this case you are in luck. Nonimmigrant visa fees paid prior to June 17, 2023, will remain valid through the expiration date on your nonimmigrant visa fee payment receipt.

Why the increase?

The Department of State has said that nonimmigrant visa fees are set based on the actual cost of providing nonimmigrant visa services and are determined after conducting a study of the cost of these services.

The agency uses Activity-Based Costing (ABC) methodology to calculate, annually, the cost of providing consular services, including visa services.

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In this blog post, we alert our readers to a new broadcast message issued by U.S. Immigration and Customs Enforcement (ICE).

Earlier this year, the U.S. Department of State (DOS) provided updated guidance explaining that Consular officers have the authority to issue F or M student visas for up to 365 days in advance of an international student’s program start date.

However, in its broadcast ICE has clarified that this new guidance DOES NOT change the requirement for issuing Forms I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” in the Student and Exchange Visitor Information System (SEVIS), nor paying the I-901 SEVIS Fee, nor regulations governing admission into the United States.

Despite the advance issuance of an F or M visa, ICE clarifies that students can only enter the United States 30 days before their program start date as listed on their Form I-20 Certificate of Eligibility for Nonimmigrant Student Status.

Students who attempt to enter the United States more than 30 days before their program start date may be found inadmissible by U.S. Customs and Border Protection (CBP).

ICE notes to help ensure smooth entry into the United States, students and school officials should confirm the following prior to arrival at a U.S. port of entry:

  • Students have an active I-901 SEVIS Fee payment on the Form I-20 that they are traveling under.
  • The name of the school on the Form I-20 matches the name of the school on the visa.
  • Student financial information remains up to date in SEVIS.
  • Students do not attempt to enter the United States more than 30 days in advance of their Program Start Date.

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Good news for DACA recipients. The Biden administration recently announced a plan to expand health care coverage to Dreamers through the Affordable Care Act health insurance marketplace.

President Biden has directed the Department of Health and Human Services to propose a rule in the Federal Register that would amend the definition of “lawful presence” to include DACA recipients, so that they may be considered lawfully present to be eligible to enroll in a health care plan through the Affordable Care Act or Medicaid.  The proposed rule is expected to be published as soon as end of the month.

If finalized, the rule would make DACA recipients eligible for Medicaid and the Affordable Care act for the first time ever.

The proposal will allow DACA recipients to apply for coverage through the Health Insurance Marketplace, where they may qualify for financial assistance based on income, and through their state Medicaid agency.  Like all other enrollees, eligibility information will be verified electronically when individuals apply for coverage.

In a video released on the President’s twitter page he stated, “We need to give Dreamers the opportunities and support they deserve. Today, my administration is announcing our plan to expand health coverage for DACA recipients by allowing them to enroll in a plan through the Affordable Care Act or through Medicaid.”

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Good news for U.S. employers of H-2B visa workers!

Starting April 13, 2023, the U.S. Citizenship and Immigration Services (USCIS), will begin accepting petitions for H-2B temporary non-agricultural workers for the late second half of fiscal year (FY) 2023, for employment start dates from May 15, 2023, to September 30, 2023 under the H-2B supplemental cap temporary final rule.

Up to 10,000 additional visas will be up for grabs for returning workers who were previously issued H-2B visas or who held H-2B visa status in fiscal years 2020, 2021, or 2022, irrespective of their country of nationality. Pursuant to the final rule, such visas will only be available to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all H-2B workers requested in their petition, as attested by the employer on the new attestation form.

Why the surplus of visas?

The Department of Homeland Security and Department of Labor issued the temporary final rule to increase the numerical cap on H-2B nonimmigrant visas by up to 64,716 additional visas for fiscal year 2023. Of these 64,716 additional visas, 44,716 are available only for returning workers (workers who received an H-2B visa or were otherwise granted H-2B status in one of the last three fiscal years).

The remaining 20,000 visas have been set aside for nationals of El Salvador, Guatemala, and Honduras (collectively called Northern Central American countries) and Haiti, who are exempt from the returning worker requirement.

As of April 10, 2023, USCIS has received petitions requesting 11,537 workers under the 20,000 visas set aside for nationals of Haiti, El Salvador, Guatemala, and Honduras. USCIS is continuing to accept H-2B petitions under this allocation.

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In this blog post, we give you an update on the status of the proposed rule increasing the filing fees for certain applications and petitions filed with the United States Citizenship and Immigration Services (USCIS).

As you may remember, on January 4, 2023, USCIS published a Notice of Proposed Rulemaking (NPRM) in the Federal Register proposing an increase in the filing fees of many types of applications, including but not limited to, the I-485 Application to Register Permanent Residence or Adjust Status, N-400 Application for Naturalization, I-129F petition for alien fiancé(e), Form I-130 Petition for Alien Relative, Form I-751 Petition to Remove Conditions on Permanent Residence, Form I-129 Petition for Nonimmigrant Worker for H, L, and O classifications, Form I-526 Immigrant Petition for the EB-5 Immigrant Investor Program, Form I-765 Application for Employment Authorization, among many others.

The proposed rule also sought to do the following:

  • 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.

Under the Administrative Procedure Act, before the government can implement a proposed rule they must abide by a mandatory notice-and-comment rule-making process. This includes offering a public comment period of at least 60 days from the date of the NPRM’s publication in the Federal Register.

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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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In this blog post, we share exciting news in the world of immigration law. On March 29, 2022, the United States Citizenship and Immigration Services (USCIS) released a much-anticipated announcement explaining the actions it will take to reduce the substantial backlog, and new policy changes that will be implemented to cut down processing times significantly.

The agency has outlined 3 main initiatives that will drastically improve processing times at the USCIS level across the board.

  1. USCIS has announced that it will be setting agency-wide backlog reduction goals
  2. Expansion of Premium Processing Service to other types of immigration petitions and
  3. Improving timely access to Employment Authorization Documents (EADs)

Backlog Reduction Initiatives

USCIS will be establishing a new system of “internal cycle time goals,” which are internal metrics that the agency will now be using to help guide the reduction of the current backlog and will determine how long it will take USCIS to process immigration benefits going forward.

The agency will be making certain efforts such as increasing its capacity, implementing technological improvements, and expanding staffing to improve these “cycle times,” so that processing times will be much quicker. USCIS expects these goals to be accomplished by the end of fiscal year 2023.

Cycle times explained

USCIS has stated that publicly, it releases processing times showing the average amount of time it takes the agency to process a particular form – from when the agency received the application until a decision was made on the case.

However, USCIS has said that it also utilizes internal mechanisms to monitor the number of pending cases in the agency’s workload through a metric called “cycle times.” A cycle time measures how many months’ worth of pending cases for a particular form are awaiting a decision.

According to USCIS, cycle times are generally comparable to the agency’s publicly posted median processing times. Cycle times are what the operational divisions of USCIS use to gauge how much progress the agency is, or is not, making on reducing the backlog and overall case processing times.

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