Visa Lawyer Blog

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We have great news for H-1B visa registrants! Today, March 27, 2023, USCIS announced that it has received enough electronic registrations to reach the FY 2024 H-1B visa cap—just 10 days after the H-1B electronic registration period closed on March 17, 2023.

USCIS randomly selected from among registrations that were properly submitted to meet the 65,000/20,000 annual numerical limitations for the regular cap and advanced degree exemption.

Petitioners who have been selected have been notified of their selection via their myUSCIS online accounts.

Notification of Selection

Now that the selection process has been completed, USCIS has sent electronic notices to all registrants with selected registrations that are eligible to file an H-1B cap-subject petition on behalf of the individual named in the notice within the filing period indicated on the notice.

Account holders who submitted the selected registration have been notified of selection via email or text message stating that an action has been taken on their myUSCIS online account. Account holders can log in to see the full notice and determine whether they have been selected.

A registrant’s USCIS online account will show one of the following statuses for each registration:

  • Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
  • Selected: Selected to file an H-1B cap petition.
  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.
  • Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
  • Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, disputed, or otherwise invalid.

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The moment we have been waiting for has finally arrived.

Yesterday, March 6, 2023, the United States Citizenship and Immigration Services (USCIS) announced the expansion of premium processing services for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions who have a pending Form I-765, Application for Employment Authorization, and wish to request a premium processing upgrade.

As of yesterday, March 6th USCIS has made possible the online filing of Form I-907, Request for Premium Processing Service, for F-1 students in these categories. USCIS will also accept the latest edition of the Form I-907 by mail.

In support of this move, USCIS Director Ur M. Jaddou said, “The availability of premium processing for certain F-1 students, in addition to the ease of online filing, will streamline the immigration experience for a great many international students.”

Regarding the decision to make online filing of Form I-907 available, he stated, “The ongoing expansion of online filing is a priority for USCIS as we continue to create operational efficiencies and increase access to the immigration system for stakeholders, applicants, petitioners, requestors, and those we serve.”

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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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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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In this blog post, we bring you some unfortunate news. Recently, the U.S. Department of Education announced that it will no longer recognize the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency.

Sadly, this means that certain F-1 student visa applicants will be impacted by this change, including those undertaking an English language study program. The U.S. Citizenship and Immigration Services has said that such programs are required to be accredited under the Accreditation of English Language Training Programs Act.

Additionally, this change will impact F-1 students applying for a 24-month science, technology, engineering and mathematics (STEM) optional practical training (OPT) extension, because government regulations now require use of a degree from an accredited, Student and Exchange Visitor Program (SEVP) certified school to receive a STEM OPT extension.

The regulations make clear that the school must be accredited at the time of the application (the date of the designated school official’s (DSO) recommendation on the Form I-20, Certificate of Eligibility for Nonimmigrant Student Status).

What happens next?

Students who have been impacted by this change will receive notification letters from SEVP informing them that their schools’ certification has been withdrawn.

USCIS has said that students who are enrolled at an ACICS-accredited school should contact their DSOs immediately to understand how this loss of accreditation will impact their status and/or immigration benefits.

To make matters worse, schools accredited by ACICS will not be able to issue program extensions, and students will only be allowed to finish their current session if the ACICS-accredited school chooses to voluntarily withdraw its certification or if is withdrawn by SEVP.

If a student’s ACICS-accredited school can provide evidence of a Department of Education recognized accrediting agency or evidence in lieu of accreditation within the allotted timeframe, the student may remain at the school to complete their program of study.

Requests for Evidence Imminent for I-539 Extend/Change of Status

The U.S. Citizenship and Immigration Services (USCIS) will be issuing requests for evidence (RFEs) to individuals who filed Form I-539, Application to Extend/Change Nonimmigrant Status, on or after August 19, 2022, requesting a change of status or reinstatement to attend an ACICS-accredited English language study program.

Once the individual receives the RFE, they will be given the opportunity to provide evidence in response, such as documentation showing that the English language study program they are seeking to enroll in meets the accreditation requirements.

If the student does not submit a new Form I-20 from a school accredited by an entity recognized by the Department of Education, USCIS will deny a change of status or reinstatement request.

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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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We kick off the start of a brand-new week with some interesting revelations. On April 28, 2022, President Biden issued a letter proposing a new immigration measure that, if passed, could offer highly educated Russian nationals a pathway to permanent residency.

What is it all about?

The Russian invasion of Ukraine has left scientists and engineers seeking stable ground, with many young STEM talent looking to its European neighbors for employment opportunities.

In a letter to the House of Representatives, the Biden administration called for a measure to be approved as part of requested legislation for emergency supplemental funding to Ukraine.

Biden’s proposals seek amendment of Section 203(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)) effectively welcoming Russian STEM talent to the United States.

What does the measure propose?

By amending Section 203(b)(2), the U.S. government would essentially eliminate the need for Russian nationals, with a master’s or doctoral degree in a STEM field, to obtain an employment sponsor (job offer from a U.S. employer) and eliminate placement in the green card backlogs.

Under Biden’s proposal, adjudication of visas for such individuals would occur within just 90 days if possible, taking into account the need for security assessments. The proposed measure would end after four years (unless extended by Congress).

The measure has been proposed to ensure retention of talented Russian scientists and engineers. Interestingly, the letter highlights that the prospects of obtaining H-1B visa status for this group are lowered considering the numerical limits, and record H-1B registrations that far outweigh the number of available visas. In fiscal year 2023, USCIS announced that it received 483,927 H-1B registrations, a 57% increase over the last year. Only 127,600 registrations were selected to meet the H-1B quota (or 26% of total registrations).

Legislative Text

The legislative text of the provision reads as follows:

“IN GENERAL.— Section 203(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)) is amended by adding at the end the following:

“(D) Notwithstanding subparagraph (B), the requirements of subparagraph (A) that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States shall not apply to aliens (and the parents, spouses, and children of such aliens if accompanying or following to join) who—

“(i) are citizens of Russia;

“(ii) have earned a masters or doctoral degree in the United States or an equivalent foreign degree in a field involving science, technology, engineering, or mathematics, including but not limited to degrees relevant to the following fields: Advanced Computing, Advanced Engineering Materials, Advanced Gas Turbine Engine Technologies, Advanced Manufacturing, Advanced and Networked Sensing and Signature Management, Advanced Nuclear Energy Technologies, Advanced Particle Detector Instrumentation Technologies, Artificial Intelligence, Autonomous Systems and Robotics, Biotechnologies, Communication and Networking Technologies, Cybersecurity, Directed Energy, Financial Technologies, Human-Machine Interfaces, Hypersonics, Advanced Missile Propulsion Technologies, Networked Sensors and Sensing, Quantum Information Technologies, Renewable Energy Generation and Storage, Semiconductors and Microelectronics, Space Technologies and Systems; and “(iii) are seeking admission to engage in work in the United States in an endeavor related to science, technology, engineering, or mathematics.”

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We kick off the start of a brand-new week with the latest in the world of immigration. This week we are excited to announce new H-1B FY 2023 cap season updates — the lottery is now complete!

H-1B Fiscal Year 2023 Season Updates

As our readers will know, the mandatory electronic registration period for the H-1B fiscal year 2023 season kicked off on March 1, 2022, and ended on March 18, 2022.

We had expected USCIS to notify all H-1B petitioners of selection by April 1st (the earliest date when H-1B cap-subject petitions for FY 2023 can be filed). However, news of selection came much quicker.

On March 29, 2022, USCIS announced that the H-1B FY 2023 cap was reached, and that enough registrations were also received for the advanced degree exemption (U.S. master’s cap). From these registrations, USCIS selected petitioners at random to be eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Petitioners will need to login to their USCIS online accounts to check the status of their registration.

If you were not selected in the FY 2023 cap the following status will be shown in your online account:

  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

If you were one of the lucky winners of the FY 2023 cap the following status will be shown:

  • Selected: Selected to file an H-1B cap petition.

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In today’s blog post, we share some interesting Question and Answer responses recently provided by the Department of State’s Office of the Assistant Legal Adviser for Consular Affairs (L/CA), in a meeting with the American Immigration Lawyers Association (AILA).

The responses below provide some important insight into current immigration policies and procedures taking place amid the ongoing COVID-19 pandemic.

Here, we summarize the most interesting questions covered during the January 20 meeting:

Department of State/AILA Liaison Committee Meeting

January 20, 2022 Q & A Highlights

Q: What role do Consular sections assume when determining whether an individual is exempt from the CDC COVID-19 vaccine requirement to gain entry to the U.S.?

A: Consular sections’ role in the process is to ensure that an individual’s request for a [vaccine] exception is filled out in full, and to transmit those requests to the CDC.

Q: If consular posts are involved in transmitting information in support of a humanitarian exception to CDC, what is the process, if any, for making such a request of a consular post outside the context of a visa interview?

A: Travelers should contact the consular section of the nearest embassy or consulate using the information provided on that embassies or consulate’s website

Q: What is the Department of State doing to alleviate the substantial backlogs created by the slowdown of operations at Consular posts and Embassies worldwide?

A: The Department is planning to hire foreign service officers above attrition in FY 2022. The majority will be assigned to a consular position after initial training. Additionally, the Department continues to recruit Limited Non-career Appointment (LNA) Consular Professionals. With very limited LNA hiring in FY 2020 and a pause on LNA hiring in FY 2021 due to CA’s budgetary constraints, Consular Affairs plans to hire more than 60 LNAs in FY 2022

Consular Affairs is working with State’s office of Global Talent Management to ramp up hiring in FY 2022, but many posts will not see these new officers until the second half of FY 2022 or FY 2023, particularly for officers assigned to positions requiring language training. Increased hiring will not have an immediate effect on reducing current visa wait times. Because local pandemic restrictions continue to impact a significant number of our overseas posts, extra staff alone is not sufficient to combat wait times for interviews.

Q: Can Consular Affairs please advise regarding efforts to resume routine consular services?

A: Consular sections abroad must exercise prudence given COVID’s continuing unpredictability. The emergence of the Omicron variant has prompted countries to reevaluate plans to relax travel bans, thereby leading consular sections abroad to recalibrate plans to resume services. Some posts have already fully resumed routine services. Others, in an abundance of caution and out of concern for the health of both consular staff and clientele, are slowly reintroducing some routine services.

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Happy Monday! Welcome back to Visalawyerblog!

In this blog post we share some great news for Russian nationals seeking F, M, and J nonimmigrant visa interviews. On January 21, 2022, the Department of State announced that the agency has now designated several posts overseas to process these nonimmigrant visa applications for persons who are residents of Russia. This change was made to provide relief to such applicants that have not been able to obtain visa interviews due to the severely limited operations currently available at the U.S. Embassy in Moscow.

Under this designation, Russia-based student visa applicants (F and M categories) as well as academic exchange visitors (student, professor, research scholar, short-term scholar, and specialist J visa categories) and participants in U.S. government-funded exchange visitor programs may now apply for their visas and be interviewed at the following posts:

Where do I find more information about the application process?

The Department of State has said that applicants should review the Embassy’s webpage for the latest information on services and appointment availability at that specific post.

What if I am physically present in another country? Can I apply for my F, M, J visa at the Embassy where I reside?

The Department of State has made clear that this designation does not prevent Russia-based F, M, and J applicants from applying at another post where they are physically present.  It also  does not exempt travelers from the Centers for Disease Control’s (CDC) requirement that all air travelers to the United States be vaccinated against COVID-19 with a WHO emergency use listed vaccine.

Information about accepted COVID-19 vaccines and the CDC’s requirements, is available here.

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