Visa Lawyer Blog

Articles Posted in Work Visas

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As we celebrate Labor Day, we celebrate the heart and soul of our organization – including the people who are part of our team and our wonderful clients.

Your passion and positivity fuel our success, and we couldn’t be more grateful to have your support! Each one of you brings a unique personal story to the table, and we are happy to be a part of that story. Because of our dynamic team and your continuous support, we’re setting and achieving goals we didn’t think were possible.

So in honor of Labor Day, we would like to say thank you for the energy you bring and your commitment to our mission and values. We hope you make it a memorable one.

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Did you recently file an L-1 petition as an Intracompany Transferee under a previously approved blanket petition? Then you may want to hear about this important new update.

On Thursday August 3, 2023, the U.S. Citizenship, and Immigration Services (USCIS) announced new changes to the way that the agency will be issuing receipts for L-1 nonimmigrant intracompany transferees under a previously approved blanket L petition, including executives, managers, or specialized knowledge professionals.

What’s Changed?

When filing Form, I-129S, nonimmigrant petition based on blanket L Petition, together with Form I-129, Petition for a Nonimmigrant Worker, the petitioner will now receive two notices: the receipt notice and the approval notice (if the petition is approved).

Previously, petitioners would receive a stamped and signed Form I-129S along with the Form I-129 approval notice. USCIS will now do away with this practice.

Moving forward, the petitioner will receive a separate approval notice for the Form I-129S, which will serve as the endorsement.

Significance of the Approval Notice

The I-129S approval notice will serve as evidence that a USCIS officer has determined the beneficiary is eligible for L-1 status based on an approved blanket L petition and constitutes an endorsement of Form I-129S as required by 8 CFR 214.2(l)(5)(ii)(E). A copy of that notice will also be provided to the beneficiary to be included with their visa and/or admission papers.

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The news we have all been waiting for is finally here. Today, July 31, 2023, the U.S. Citizenship, and Immigration Services (USCIS) announced that they have conducted a second lottery to select from previously submitted electronic registrations to reach the FY 2024 numerical cap.

At this time, USCIS has notified all prospective petitioners with selected registrations from this round of selection (the second lottery) that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Only petitioners with selected registrations are eligible to file H-1B cap-subject petitions for FY 2024, and only for the beneficiary named in the applicable selected registration notice.

Please see the information below for a reminder about what you can expect now that the second lottery has been completed.

How will I know if I was selected in the second lottery?

Petitioners with selected registrations will have their myUSCIS online accounts updated to include a selection notice, which includes details of when and where to file. If you submitted your electronic registration with the assistance of an attorney, you must contact your legal representative/case manager to determine whether you were selected in the second randomized lottery.

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Did you participate in the H-1B electronic registration for Fiscal Year 2024? If so, we have some exciting news for you.

On Thursday, July 27, 2023, USCIS issued a news alert informing the public that they will conduct a second H-1B lottery to select additional H-1B registrations to reach the fiscal year (FY) 2024 H-1B numerical allocations, including the advanced degree exemption.

As our readers may recall, USCIS conducted its initial lottery in March of 2023, selecting a total of 110,791 registrations to meet the annual H-1B numerical cap for fiscal year 2024. Registrants had about a 14.6% chance of being selected in the initial lottery.

When will the second lottery take place?

In its announcement, USCIS has said that it they will soon select from previously submitted electronic registrations to reach the FY 2024 numerical allocations through a randomized selection process, aka “the second lottery.” However, a date has not been disclosed.

This means that in the coming weeks, petitioners or their authorized representatives should keep an eye out on their myUSCIS online accounts to know if they were selected in the second lottery.

Once the second lottery has taken place, USCIS will make an official announcement on its webpage indicating the lottery’s completion. At that point, USCIS will notify all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

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As we celebrate this great country on the 4th of July, may we remember our blessings of living in a free country where we are all created equal. Warm wishes to you and yours on this Fourth of July!

In observance of the Independence Day holiday our offices will be closed Monday July 3rd and Tuesday July 4th. We will return to our normal business hours on Wednesday July 5th. We look forward to serving you.

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Readers of the July Visa Bulletin may have been surprised to learn that the final action date for the employment-based third preference category for nationals of India retrogressed by more than 3 years and 5 months from June 15, 2012 (in the June Visa Bulletin) to January 1, 2009 (in the July Visa Bulletin).

What is the Employment-Based Third Preference Category also known as EB-3?

The employment-based third preference category (or EB-3) is reserved for three types of subcategories of immigrants: skilled workers, professionals, or other workers. No matter the subcategory, immigrants must have an approved labor certification from the Department of Labor and a permanent full-time job offer from a U.S. employer.

What are the subcategories?

  • “Skilled workers” are defined as persons whose jobs require a minimum of 2 years training or experience, that is not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job offer. Relevant post-secondary education may be considered as training.
  • “Professionals” are defined as persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.
  • The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

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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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The Department of State raised eyebrows earlier this month when it released information that it will be reducing the waiting period for 221(G) “administrative processing,” in an effort to process visas more efficiently.

While this is welcome news, in practice it may not mean much. Consulates and Embassies have been notoriously secretive when it comes to 221(G) administrative processing and do not reveal the reason for a visa applicant being placed in administrative processing in the first place, nor the type of security checks that are being conducted.

What is 221(G) Administrative Processing?

First, let’s explain what administrative processing is. When an applicant visits a U.S. Consulate or Embassy overseas for their visa interview, there are only two possible outcomes that can occur at the conclusion of their interview. The Consular Officer may choose to either issue or “refuse” the visa. A refusal is not the same as a denial. It simply means that the visa applicant has not established his or her eligibility for the visa they are seeking for the time being, and the Consulate needs additional time or requires further information either from the visa applicant or another source to determine the applicant’s eligibility for the visa.

In most cases, visa applicants who have been “refused” will require further administrative processing.

How will I know if I have been placed in 221(G) administrative processing?

Visa applicants placed in administrative processing are often given what is called a “Notice of 221(G) Refusal” at the conclusion of their interview, which states that the visa application has been “refused” under section 221(G) of the Immigration and Nationality Act. The Notice should indicate whether additional administrative processing is required for your case, and whether any further action is required on your part, such as providing additional documentation or further information to process your visa.

However, in some cases visa applicants are not given such a Notice and will later discover that they have been placed in 221(G) administrative processing upon checking their visa status on the Consular Electronic Application Center (CEAC) visa status check webpage.

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In this blog post we share with you the latest trends and projections of the June Visa Bulletin, and updates on visa availability for family-sponsored and employment-based preference categories.

To help you prepare for your upcoming immigrant visa or green card filing, we share what you can expect to see in the upcoming month’s visa bulletin.

Here are some of the highlights from the June 2023 Visa Bulletin:

  • For employment-based preference adjustment of status filings, USCIS will continue to use the Final Action Dates chart, as they did in May.
  • Similarly, for family-sponsored preference adjustment of status filings, USCIS will continue to use the Dates for Filing chart, as they did in May.
  • For the month of June, EB-1 and EB-2 cutoff dates will remain the same for all countries.
  • For EB-3 cutoff dates for all countries and categories will remain the same, with the exception of China “Other Workers,” advancing slightly.
  • Future retrogressions are expected for EB-3 India in the coming months including Professional/Skilled Workers, as well as July 2023.

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.

To be eligible to file an employment-based adjustment of status application in June 2023, foreign nationals must have priority dates that are earlier than the Final Action Dates chart of the Department of State’s May Visa Bulletin.

Family-sponsored applicants currently residing in the United States, may file for adjustment of status once their priority dates become current, following the Dates for Filing chart according to the adjustment of status filing guidance published by the U.S. Citizenship and Immigration Services (USCIS).

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CBP No Longer Requires Proof of COVID-19 Vaccination for Air Passengers from Any Country starting today May 12, 2023 

The United States Customs and Border Protection (CBP) now joins the State Department and Department of Homeland Security in announcing the end of the COVID-19 vaccination requirement for international travelers starting today Friday, May 12, 2023.

Noncitizen nonimmigrant air passengers will no longer need to show proof of being fully vaccinated with an accepted COVID-19 vaccine to board a flight to the United States.

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