Author: Breanne Johnson

Starting next month, employers looking to sponsor H-1B specialty occupation workers will have the option to file online and create organizational accounts with U.S. Citizenship and Immigration Services. Alongside I-129 petitions for H-1B workers, online submission of premium processing requests will also be available. The introduction of organizational accounts enables multiple individuals within a company to file petitions through a single account.

The H-1B registration process, which went online in 2020, precedes the filing of I-129 petitions. Typically commencing in mid-March, the registration period leads to a lottery once USCIS receives enough registrations to meet the annual cap of 85,000 visas. By enabling this online filing change, the entire H-1B lifecycle, from registration to the final decision will become fully electronic. These changes aim to enhance efficiency, reduce duplicate registrations, and streamline the petition process.

The move towards a predominantly online process aligns with USCIS’s efforts to revamp the H-1B visa lottery, intending to prevent manipulation of the system. Stay tuned for further updates as this new system unfolds.

In a recent development, U.S. Citizenship and Immigration Services (USCIS) has announced an increase in premium processing fees, set to take effect in February 2024. Premium processing allows applicants to expedite the adjudication of certain employment-based immigration benefit requests, providing faster processing times for those willing to pay an additional fee. As of February 26, 2024, the premium processing fees USCIS charges will increase for all eligible forms and categories. The adjustment increases certain premium processing fees from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805. Applicants and stakeholders are advised to stay informed about the updated fee structure and plan accordingly for any upcoming immigration submissions.

In the ever-evolving landscape of workforce management, U.S. Citizenship and Immigration Services (USCIS) has introduced a revamped I-9 form. The updated form reduces the I-9 down to a single page and creates two new supplements, one for reverifications/ rehires and the other for preparers/ translators to use. One notable addition to the new I-9 form is the provision for optional remote document examination, offering some employers greater flexibility in the hiring and onboarding process. This significant change allows eligible employers to remotely review and verify a new hire’s I-9 identity and employment authorization documents, alleviating the need to physically examine the documents in person.  At present, only E-Verify employers in good standing can utilize this new optional remote document examination process. The traditional, in-person method of I-9 document review and completion remains available to all employers. For more information on the new I-9 and the remote document examination process, please consult the following resources:

• I-9 Central
• M-274 Handbook for Employers
• USCIS I-9 Resources
• I-9 Form and Instructions

In a move to alleviate pressing labor shortages across various industries, the United States government has announced a temporary increase in the number of H-2B nonimmigrant visas for the fiscal year 2024. The temporary increase will allow for an additional 64,716 H-2B visas for the fiscal year. These supplemental visas are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition.

The H-2B visa program is designed to allow U.S. employers to hire foreign workers for non-agricultural jobs on a temporary basis when there is a shortage of qualified American workers. This boost in available visas is a response to the growing demand for seasonal workers in sectors such as hospitality, landscaping, and construction. With the economy rebounding and businesses seeking to meet increased consumer demands, the move is expected to provide much-needed relief to employers grappling with workforce challenges.

In 2024, the U.S. Department of State is set to launch the Stateside Visa Renewal Pilot Project, an initiative aimed at simplifying the visa renewal process for eligible applicants currently in the United States. This project holds great promise, offering convenience, expedited processing, and a reduction in the visa renewal backlog.

While not all details of the program are currently available, we know the pilot project will:

• Begin in early 2024;
• Be limited to H-1B principals only;
• Be limited to nationals of countries that are not subject to reciprocity fees;
• Have eligibility requirements like those for participation in the interview waiver program;
• Be available for 20,000 applicants; and
• Be voluntary participation.

This initial pilot program is intended to be a limited test of the operationality of the stateside renewal program. While the project boasts numerous benefits, it’s essential to acknowledge the challenges, such as limited eligibility and potential administrative changes. Nevertheless, the Stateside Visa Renewal Pilot Project represents a significant stride forward towards a more user-friendly and efficient immigration system.

USCIS announced yesterday that beginning on October 1, 2024 biometrics fees will be waived for all applicants who file Form I-539. This form is used to petition USCIS to extend or change nonimmigrant status in the United States. Applicants do not need to pay the $85 biometrics fee if their application is postmarked Oct. 1 or later. However, certain applicants who file Form I-539 before Oct. 1 will need to include this $85 fee. These applicants will still be scheduled for an ASC appointment and should still attend this appointment. Please reach out to your CYA attorney for any questions about this welcome development.

In the complex world of U.S. immigration, the Visa Bulletin is a complicated and ever-changing tool that outlines the availability of immigrant visas, offering insight into the waiting times faced by prospective immigrants. The Visa Bulletin is a crucial component of the United States immigration system, serving as a monthly guide that determines when eligible individuals can move forward in their journey to obtain a green card. Published by the U.S. Department of State, the Visa Bulletin categorizes applicants into different preference categories based on their family relationships or employment-based qualifications. These categories are further subdivided by country of origin due to the limited number of visas available each fiscal year.  

The Visa Bulletin displays a “priority date” which has been assigned to each applicant and corresponds to the date when their application was initially filed. The Visa Bulletin’s main function is to publicize processing status for each preference category and country. If an applicant’s priority date is earlier than the cut-off date listed in the Visa Bulletin for their category and country, they can proceed with the final steps in their immigration process. However, due to the limited number of visas available in certain categories from certain countries, waiting times can vary widely and can be quite significant. While maddening at times, the Visa Bulletin shows current immigrant processing wait times and helps applicants anticipate potential delays in the progression of their case. Regularly checking the Visa Bulletin and staying informed about anticipated changes and trends in priority dates is essential for immigrants striving to navigate the complex path to permanent residency in the United States.

In a highly anticipated event, last week USCIS announced that the agency would be conducting a second H-1B lottery for the 2024 fiscal year. The second H-1B cap lottery was conducted over the weekend, and now appears to be completed. All registrants chosen in this second lottery have been notified, and all other registrants not selected remain eligible for selection in any further FY2024 lottery. All H-1B registrants chosen in the second lottery must submit their H-1B petition within the filing period and at the service center indicated on the selection notice. For any questions or help with an H-1B petition, reach out to a CYA attorney.

In happy news for H-1B hopeful beneficiaries and petitioners, USCIS announced today that it will be conducting a second round of the H-1B lottery. Woo! Individuals who timely submitted their H-1B registration for FY 2024 will be automatically considered for the second lottery. We don’t know exactly when the second lottery will be conducted, but expect it to happen soon. This is very welcome news for the many H-1B registrants who were not selected in this years’ initial H-1B cap lottery. Stay tuned for further updates on this evolving process.

Today U.S. Citizenship and Immigration Services (USCIS) announced the expansion of premium processing for change of status applications where individuals are looking to change to F, M, or J nonimmigrant status.

Premium processing will be implemented in the following phases:

• Beginning June 13, USCIS will accept premium processing requests, filed via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, who have a pending Form I-539, Application to Extend/Change Nonimmigrant Status.
• Beginning June 26, USCIS will accept premium processing requests, filed either via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, when filed together with Form I-539.

A few notes about this change:

1. Premium processing is only available for change of status requests at this time.
2. Applicants must submit their biometrics before premium processing can begin. Even if USCIS accepts an applicant’s Form I-907 and accompanying fees, the time limit for premium processing will not start running until the applicant and all co-applicants included on the Form I-539 submit their biometrics.

Please reach out to a CYA attorney with any questions about this new expansion to premium processing.