Month: February 2024

USCIS released data from FY2023 showing that it completed 10 million immigration cases and reduced its backlog for the first time in over a decade, making progress towards its strategic initiatives. The agency also announced that its data improved customer experiences, addressed humanitarian needs, and strengthened employment-based immigration in the last year. Per USCIS, it reduced backlogs by over 15% in 2023 and effectively eliminated its backlog of naturalization applications; the median processing time for naturalization applications dropped from 10.5 months to 6.1 months by the end of the fiscal year. USCIS also launched new online tools in 2023 which are intended to enhance customers’ experience and increase efficiency.

The agency stated that it will continue to build on its progress in 2024 while monitoring and addressing remaining processing delays. Within this framework, USCIS has announced new filing fees effective April 1, and has stated that the new fees will allow it to recover operating costs, reestablish and maintain timely case processing, and foster efficiency in the adjudication of immigration benefits.

This week Senate negotiators proposed a bipartisan deal to address the situation at the U.S. – Mexico border. However, on Wednesday, the Senate encountered a roadblock as the bipartisan border and national security bill failed to move forward.

The vote margin was razor-thin, with 49 senators in favor and 50 opposed; 45 Democrats and four Republicans supported advancing the bill, falling short of the required 60 votes to initiate debate. The majority of the GOP caucus opposed the bill’s advancement, arguing that it inadequately addressed the escalating crisis at the US-Mexico border, where unauthorized crossings have surged to record levels. Additionally, five members of the Democratic caucus voted against the bill due to concerns over the severity of proposed border security measures and the allocation of funds for Israel’s military amidst ongoing conflicts, notably in Gaza. The proposed $118 billion bill included provisions granting the president new authority to close the border during periods of heightened crossings and expediting the asylum review process, potentially leading to expedited deportations. It also allocated $60 billion in military aid for Ukraine, $14 billion in security assistance for Israel, and $10 billion in humanitarian aid for civilians affected by conflicts in Ukraine, Gaza, and the West Bank.

USCIS has published a final rule in the Federal Register that will improve the odds of winning the H-1B Visa Lottery in 2024 and beyond!  Below is what we know about this year’s H-1B Cap Registration process and the changes that are being made.

The registration period for this year’s H-1B cap lottery will open at 10 am MT on Wednesday, March 6, 2024, and run through 10 am MT on Friday, March 22, 2024.  Once the registration period ends, USCIS will run the “lottery” and notify the “winners” who can then proceed with filing the H-1B petition within the 90-day filing period (April 1, 2024, through June 30, 2024).  The H-1B petition will be approved for a start date no earlier than October 1, 2024.  It is unclear yet whether there will be multiple rounds of “selections” and H-1B filing periods throughout 2024 like there were last year.

Here is a summary of the most significant changes to the H-1B Cap Registration Process:

1.  The H-1B Cap Registration fee will remain $10.00 per registration for this year.  However, starting next year, the H-1B Cap Registration fee will increase to $215.00 per registration.

2. Instead of selecting the H-1B Cap Lottery winners by registration, USCIS will select registrations by unique beneficiary.  Each unique beneficiary who has a registration submitted on their behalf will be entered into the selection process once, regardless of how many registrations are submitted on their behalf.  If a beneficiary is selected (i.e. wins the H-1B lottery) each registrant who submitted a registration on that beneficiary’s behalf will be notified of the beneficiary’s selection and will be eligible to file an H-1B petition on that beneficiary’s behalf during the H-1B filing period.

3. Each beneficiary must submit a valid passport or travel document ID information to register for the H-1B Cap Lottery.  Each beneficiary can only register one valid passport or travel document and it must be the passport/travel document that the beneficiary intends to use to apply for H-1B status at the U.S. Consular Office abroad.  The beneficiary will be required to provide a copy of the passport used for H-1B Cap Registration with the H-1B petition (if selected).  If a beneficiary registers more than one passport/travel document and/or the registered passport/travel document information does not match what is submitted with the H-1B petition, then USCIS may deny or revoke the H-1B petition. 

4. The H-1B start date, can now be on or after October 1, 2024.

5. For those who are selected (win the H-1B lottery), and can file an H-1B petition this year, USCIS has increased the filing fees for H-1B petitions and premium processing.  USCIS filing fees will be determined based on whether the petitioner has 25 or more full-time employees, whether the petitioner is a 501(c)(3) non-profit entity, and the type of visa classification sought (i.e. H-1B). 

Stay tuned for more information about how the H-1B Cap Lottery goes this year!