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H-1B Update: New Rule Focuses on Beneficiary-Centric Improvements

Jackson Lewis P.C.·

USCIS published its Improving the H-1B Registration Selection Process and Program Integrity final rule on Feb. 2, 2024. The new final rule has three basic categories: creating a beneficiary-centric selection process, specifically allowing for start date flexibility, and other enhancements to the int

USCIS Announces FY 2025 H-1B Registration Period and New Beneficiary-Centric System

Ogletree Deakins·

U.S. Citizenship and Immigration Services (USCIS) has announced that the registration period for fiscal year (FY) 2025 will open on Wednesday, March 6, 2024, at noon ET and run until noon ET on Friday, March 22, 2024. USCIS will implement a new beneficiary-centric system to ensure all beneficiaries

USCIS Will Launch Organizational Accounts in February 2024

Ogletree Deakins·

U.S. Citizenship and Immigration Services (USCIS) recently announced plans to introduce organizational accounts for H-1B fiscal year (FY) 2025 cap filings, H-1B non-cap filings, and associated premium processing requests on Form I-907. The launch of organizational accounts appears to be part of an o

February 2024 Visa Bulletin: Advancement of Priority Dates for Employer-Based Petitions Remains Minimal

Ogletree Deakins·

U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State have not indicated significant advancement in the priority dates for employer-based immigrant petitions, continuing the fiscal year (FY) 2024 trend of long wait times for immigrant visas.

USCIS Final Rule Increasing Filing Fees Expected Soon

Jackson Lewis P.C.·

USCIS previously deferred its proposed filing fee increase until early 2024 – and the increase might be coming out very soon! This increase will come on top of the increased premium processing fees that will go into effect on Feb. 26, 2024. The premium processing fee increase is approximately 12%.

H-2B Cap Reached for Additional Returning Workers for First Half of Fiscal Year 2024

Ogletree Deakins·

U.S. Citizenship and Immigration Services (USCIS) recently announced that as of January 9, 2024, the additional returning H-2B worker allotment of 20,716 visas for the first half of fiscal year (FY) 2024 (October 1, 2023, to March 31, 2024) had been exhausted.

USCIS Clarifies Policy Guidance for International Students in F, M Status

Jackson Lewis P.C.·

The U.S. Citizenship and Immigration Services (USCIS) has changed its policy manual to make it easier to find and understand all the regulations regarding nonimmigrant students in F and M status. The new guidance consolidates the existing policies and clarifies issues of eligibility, school transfer

USCIS to Increase Filing Fees for Premium Processing, Effective February 26, 2024

Ogletree Deakins·

On December 28, 2023, U.S. Citizenship and Immigration Services (USCIS) published a final rule increasing the filing fees to be paid for its premium processing services.

State Department Expands Consular Officer Authority to Waive Interview Requirements for Some Nonimmigrant Visa Applicants

Ogletree Deakins·

The U.S. Department of State recently announced that effective January 1, 2024, consular officers have expanded discretionary authority to waive the in-person interview requirement for certain nonimmigrant visa applicants.

Department of State Announces Pilot Program for Stateside Processing of Nonimmigrant Visas

Jackson Lewis P.C.·

The Department of State (DOS) will begin a pilot program for issuing nonimmigrant visas inside the United States on Jan. 29, 2024. The pilot program will be available to a narrowly defined class of nonimmigrants for a limited period. Once the proof of concept is demonstrated, the DOS plans to

Department of State Announces Pilot Program for Renewal of Certain H-1B Nonimmigrant Visas

Littler·

New Department of State pilot program is designed to allow certain Indian and Canadian nationals to renew their H-1B nonimmigrant visas in the United States. Process is expected to expedite renewal process, and will be in effect from January 29, 2024 until April 1,

Potential H-1B Cap-Exempt Options for Healthcare Employers

Ogletree Deakins·

As the fiscal year (FY) 2025 H-1B cap season quickly approaches, it is worth remembering that certain employers of healthcare professionals, such as healthcare systems and hospitals, may be eligible for H-1B cap-exemption. U.S. Citizenship and Immigration Services (USCIS) allows the submission of H-

USCIS Issues New Guidance on F and M Student Visa Classifications

Ogletree Deakins·

On December 20, 2023, U.S. Citizenship and Immigration Services (USCIS) updated its official policy manual chapters on F and M nonimmigrant student classifications.

Stateside Visa Renewal Pilot Program Set to Begin in January 2024

Ogletree Deakins·

On December 15, 2023, the Office of Information and Regulatory Affairs cleared review of the U.S. Department of State’s highly anticipated stateside visa renewal pilot program. The program will apply only to H-1B applicants and will not include any other visa types (including H-4 visas). The pilot p

January 2024 Visa Bulletin and Visa Number Availability for the Remainder of FY 2024

Ogletree Deakins·

U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State have significant volumes of adjustment of status and immigrant visa applications in their inventories, limiting the supply of available immigrant visas, according to updated USCIS FAQs.

Employers’ Notification Requirements When Employing Foreign Nationals in H-1B, H-1B1, E-3

Jackson Lewis P.C.·

Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS or the Department of State – H-1Bs, H-1B1s, and E-3s – require the followin

H-1B Cap Reached for Fiscal Year 2024

Ogletree Deakins·

On December 13, 2023, U.S Citizenship and Immigration Services (USCIS) announced that the H-1B specialty occupation visa cap had been met for fiscal year (FY) 2024.

Efforts Continue to Legalize Work, Other Pathways for Undocumented Students, Asylum Seekers

Jackson Lewis P.C.·

Undocumented students are waiting for University of California (UC) leadership to issue a plan that would remove hiring restrictions for all UC students, regardless of immigration status. The proposed plan, titled Opportunity For All (O4All), is supported by language in the 1986 Immigration Reform a

Failure to Disclose Arbitration Agreement In Visa Petition May Nullify Agreement

CDF Labor Law LLP·

By: Failure to Disclose Arbitration Agreement In Visa Petition May Nullify Agreement In early 2020, Alco Harvesting, LLC hired Jesus Guzman, a citizen of Mexico, to perform agricultural work in Santa Maria under the H-2A visa program . The H-2A visa program allows employers to hire foreign nationals

H-2B Visa Update: Additional Temporary Nonagricultural Visas Granted for FY 2024

Jackson Lewis P.C.·

Congress has approved an additional 64,716 H-2B visas for fiscal year 2024, supplementing the 66,000 available annually. As in prior years, restrictions will apply. A temporary final rule has been published in the Federal Register setting out the procedures involved. H-2B visas for temporary, season