On April 4, 2024, US Citizenship and Immigration Services (“USCIS”) announced that effective immediately, any Form I-693, Report of Immigration Medical Examination and Vaccination Record, which was properly completed and signed by a civil surgeon on or after November 1, 2023, does not have an expiration date. The service noted that the Form can be used indefinitely to evidence that the applicant is “not inadmissible on health-related grounds.” This determination was made by USCIS in consultation with the Centers for Disease Control and Prevention (“CDC”) and “based on advances in public health electronic notification.”
USCIS Completes Selections from Electronic Registration for FY2025 H-B Cap
On April 1, 2024, United States Citizenship and Immigration Services (“USCIS”) announced they had received enough initial electronic registrations for unique individuals for the fiscal year 2025 (“FY25”) H-1B cap, as well as the advanced degree exemption (master’s cap) and have randomly selected enough properly submitted registrations. The Service has completed the notifications to all employers who submitted online registrations. Those with selected registrations may begin filing H-1B cap subject petitions for FY2025 as of the first of April and have been given until June 30 to file their petition with the service either on paper at the correct filing location or online at my.uscis.gov within the filing period that is indicated on the selection notice.
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DHS to Introduce AI Pilot Programs
On March 18, 2024, the Department of Homeland Security (“DHS”) announced three planned pilot programs to be introduced this year which will utilize artificial intelligence (“AI”) for the advancement of homeland security. DHS’ first “Artificial Intelligence Roadmap” outlines how the government will use AI to deliver “meaningful benefits to the American public and advance homeland security, while ensuring that individuals’ privacy, civil rights, and civil liberties are protected.”
Read moreIs the Grass Really Greener?
Asylum seekers have fled dangerous conditions in their homeland; as distinguished poet Warsan Shire wrote “no one leaves home unless home is the mouth of a shark”. Unfortunately, many asylum seekers currently in the US are finding themselves in dire circumstances in our country as our asylum process is under severe stress from the record high encounters reported at the US – Mexico border. The depths of the bureaucracy involved in the asylum process lead many asylees to question their decision to flee the mouth of a shark, as they find themselves trying to stay afloat in shark infested waters.
Read moreUSCIS Fee Increases to Begin April 1, 2024
United States Citizenship and Immigration Services (“USCIS”) announced the publication of a final rule to adjust immigration and naturalization requests fees. Noting that the fee increase is the first since 2016, and necessary for recovering the costs of operations, the new fees will be effective on April 1, 2024. The new fee schedule table details the filing fees to be collected by petition or application type. “For individual filers, the final rule generally limits newly established fees to no more than the increase in the Consumer Price Index since 2016, which is 26%.” However, the fees associated with employment-based visas and employer sponsored green card petitions have been significantly increased.
Read moreChanges to H-1B Visa Lottery Registration Finalized by USCIS
United States Citizenship and Immigration Services (“USCIS”) announced its intent to strengthen the integrity of the H-1B registration process by introducing changes to the current electronic registration system. The final rule published on February 2, 2024, aims to ensure that regardless of how many H-1B registrations are submitted on behalf of a foreign national, the odds of that person being selected in the H-1B lottery will not increase. The new rule implements a “beneficiary-centered selection process for H-1B registrations”, which means that instead of selecting by registration, which has been the norm since 2020, USCIS will select registrations by the unique beneficiary.
Read moreH-1B Domestic Renewal Pilot Program
The Department of State (“DOS”) has updated details on the long-awaited domestic visa renewal pilot program for H-1B renewal applicants. The program officially launched on January 29, 2024, and allows applicants who received an H-1B visa from a US embassy or consulate in Canada or India during a specific timeframe to renew H-1B visas without traveling to U.S. consulates abroad. A maximum of 20,000 applications will be accepted until April 1, 2024, or when all slots are filled.
Read moreUSCIS Increases Certain Premium Processing Fees
On December 27, 2023 United States Citizenship and Immigration Services (“USCIS”) announced that as a result of inflation, the agency will be increasing the premium processing fees of certain employment-based applications and petitions effective February 26, 2024.
Read morePresidential Proclamation Suspending Entry to Persons Enabling Corruption
On December 11, 2023, President Biden issued a presidential proclamation which prohibits noncitizens found to enable or facilitate corruption from entering the United States. The visa restrictions are part of the Biden administration's anti-corruption initiative, as detailed in the proclamation and fact sheet. The proclamation grants the Secretary of State legal authority to identify individuals "who have enabled, facilitated, or otherwise been involved in significant corruption, including laundered proceeds or obstructed judicial or investigative processes, among other acts," as well as their immediate families, and act accordingly. Additionally, the Secretary of State may exempt any individual if their potential entry may be in the interest of the US. Notably, green-card holders and individuals with humanitarian immigration protections such as asylum and refugee status will not be affected by any visa restrictions.
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