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Immigration - Visas

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Increase in Nonimmigrant Visas Fees at Consulates Delayed to June 17, 2023

Jackson Lewis P.C.·

The Department of State has delayed the effective date of the increase in consular fees from May 30, 2023, to June 17, 2023 (to provide a 60-day delay after the final rule was received by Congress). The most relevant fee increases remain : Visa TypeCurrent FeeRevised FeeNon-petition-based nonimmigra

State Department Delays Fee Increases for Nonimmigrant Visa and Special Visa Applications

Ogletree Deakins·

On May 26, 2023, the U.S. Department of State announced the delay of the implementation of the final rule raising nonimmigrant visa application processing fees and the fee for a Border Crossing Card for Mexican citizens age fifteen and older. The effective date has been delayed from May 30, 2023,

June 2023 Visa Bulletin Brings Warning of EB-3 Final Action Date Retrogression for India

Ogletree Deakins·

The U.S. Department of State’s Bureau of Consular Affairs has released the June 2023 Visa Bulletin and U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will accept employment-based I-485 adjustment of status applications per the bulletin’s Final Action Dates chart.

H-1B and L-1 Maximum Periods of Stay—A Refresher for Employers on Timelines, Extensions, and Recapture

Ogletree Deakins·

Employers may find it useful to have an understanding of the H-1B, L-1A, and L-1B maximum periods of stay. As a reminder, H-1B status is granted for certain specialty occupations and fashion models, L-1A status is granted for intracompany transfers of executives and managers, and L-1B status is gran

Nonimmigrant Visas Fees at Consulates to Increase May 30, 2023

Jackson Lewis P.C.·

On May 30, 2023, fees for nonimmigrant visas at all consulates abroad will increase. The increase can be avoided if the visa fee is paid on or after October 1, 2022, and before May 30, 2023, and an interview is scheduled within 365 days of payment. The interview need not

USCIS: Substantial Increase in H-1B Registrations for FY 2024 May Indicate Potential Fraud

Jackson Lewis P.C.·

USCIS has announced that the total number of eligible registrations submitted for FY 2024 was 758,994 (up from 474,421 eligible registrations submitted for FY 2023). Of the 758,994 eligible registrations submitted, USCIS said it made 110,791 selections to fill the 85,000 available H-1B visa slots. T

Not Selected for an H-1B? Alternate Work Authorization Options in the United States

Ogletree Deakins·

Since the implementation of the H-1B cap registration process in 2020, there has been an exceedingly high demand for H-1Bs, resulting in registrations that far outnumber the H-1B supply made available by the U.S. Congress. Due to the increasingly difficult odds of selection for an H-1B in the lotter

H-1B Visa Alternatives

Littler·

In this podcast, attorneys Carissa Tyler and Angel Valverde, members of Littler’s Immigration and Global Mobility Group, discuss alternative employment-based visa options for individuals who were not selected in the initial FY 2024 H-1B registration process (H-1B lottery). The visa categories discus

U.S. Department of State’s May 2023 Visa Bulletin Shows Further Employment-Based Retrogression for Most Countries

Ogletree Deakins·

The U.S. Department of State’s Bureau of Consular Affairs’ May 2023 Visa Bulletin shows a trend of backlogs and slowdowns in the employment-based immigrant visa or green card process.

Three-Year Foreign Domicile Requirement for E-Visa Applicants

Jackson Lewis P.C.·

A new federal law restricts foreign investors’ access to E visas by adding a three-year domicile requirement for investors who obtained their citizenship through Citizenship by Investment (CBI) Programs. Buried in the nearly 2,000-page National Defense Authorization Act (NDAA), P.L. 117-263, signed

H-4 Work Authorization Protections Upheld: Save Jobs USA v. U.S. Department of Homeland Security

Ogletree Deakins·

A recent ruling in the U.S. District Court for the District of Columbia provides added protection and work authorization safeguards for H-4 spouses of H-1B visa holders facing potential lawsuits and administrative challenges.

USCIS Extends Suspension of Biometrics Requirement for Certain Nonimmigrant Dependent Applications

Ogletree Deakins·

On April 19, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the temporary suspension of the biometrics requirement for certain individuals filing Form I-539, Application to Extend/Change Nonimmigrant Status, would be extended through September 30, 2023.

Green Card Applications: USCIS Removes the 60-Day Rule for Medical Examinations

Ogletree Deakins·

On March 31, 2023, U.S. Citizenship and Immigration Services announced that it had removed the requirement that a civil surgeon’s signature on Form I-693, Report of Immigration Medical Examination and Vaccination Record, be dated no more than sixty days before the date USCIS accepts it.

Supplemental H-2B Cap for Returning Workers Reached for Early Second Half of Fiscal Year 2023

Ogletree Deakins·

U.S. Citizenship and Immigration Services recently announced that as of March 30, 2023, the supplemental H-2B cap for returning workers had been reached for the early second half of fiscal year 2023.

USCIS to Prioritize Pending I-539 Applications When Employers File I-129 Petitions With Premium Processing Service Requests

Ogletree Deakins·

U.S. Citizenship and Immigration Services (USCIS) recently published an update to its web page outlining Options for Nonimmigrant Workers Following Termination of Employment.

Alternatives to H-1B Visa: What to Think About

Jackson Lewis P.C.·

USCIS announced it has completed the annual H-1B selection process (“lottery”) for Fiscal Year 2024, with early reports indicating a record number of registrations submitted. Each year, it becomes increasingly difficult to obtain one of the 85,000 H-1B visas allotted under the congressionally mandat

April 2023 Department of State Visa Bulletin Shows Further Retrogression , Anticipates Further Delays

Ogletree Deakins·

The U.S. Department of State’s Bureau of Consular Affairs has released the Visa Bulletin for April 2023. The new Visa Bulletin reflects an ongoing trend of backlogs and slowdowns in the visa process, in stark contrast to the progress reflected in the Visa Bulletin in fiscal years 2021 and 2022.

USCIS Issues Additional Guidance in Evaluation of O-1B (Extraordinary Ability) Nonimmigrant Visa Petitions

Jackson Lewis P.C.·

USCIS shared updated guidance on how it will evaluate evidence for petitions seeking O-1B classification as individuals of Extraordinary Ability in the Arts or in the Motion Picture and Television Industry (MPTV). The updated guidance, released on March 3, 2023, is found in the USCIS Policy Manual,

USCIS Premium Processing Expansion for F-1, EB-1, EB-2, Others

Jackson Lewis P.C.·

USCIS has expanded premium processing for F-1 students to pending Employment Authorization Documents (EAD) applications based on Optional Practice Training (OPT) and STEM OPT. On April 3, 2023, the same will be extended to new EAD applications for OPT and STEM OPT. The cost for this premium processi

USCIS Updates O-1 Guidance for Extraordinary Ability in Arts and Motion Picture Industries

Ogletree Deakins·

U.S. Citizenship and Immigration Services (USCIS) recently updated its policy guidance related to O-1B nonimmigrants of extraordinary ability in the arts and motion picture or television industry. The updated guidance, effective immediately, is intended to clarify how USCIS evaluates evidence submit