The Aftermath of the H-1B Fiscal Year 2025 Visa Lottery: Next Steps and Alternatives

In April this year, United States Citizenship and Immigration Services (“USCIS”) announced they had received sufficient electronic registrations for unique individuals for the fiscal year 2025 (“FY2025”) cap, including the advanced degree exemption (master’s cap). USCIS randomly selected properly submitted registrations and notified all employers.

Those with selected registrations were able to begin filing H-1B cap subject petitions for FY2025 as of April 1, 2024. The deadline for filing H-1B cap subject petitions online, based on a valid registration selection notice, was June 30, 2024, and paper-based H-1B cap subject petitions had to be received at a USCIS Lockbox Facility by July 1, 2024 (since June 30 was a Sunday).

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Employment Authorization Documents Based on Compelling Circumstances

On June 14, 2023, United States Citizenship and Immigration Services (“USCIS”) announced new policy guidance has been added to its Policy Manual addressing the eligibility criteria for the issuance of employment authorization documents in compelling circumstances. Classified as those circumstances  which are “beyond the usual hardship associated with job loss”,  Volume 10 of the USCIS Policy Manual, details what foreign nationals must show in order to be eligible for an initial Employment Authorization Document (“EAD”) based on compelling circumstances.

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USCIS Policy Manual Revisions

On June 9, 2021, in accordance with President Biden’s executive order 14012 on restoring faith in our legal immigration system, US Citizenship and Immigration Services (USCIS) released significant policy revisions in an effort to “eliminate unnecessary barriers to our nation’s legal immigration system and reduce burdens on noncitizens who may be eligible for immigration benefits,” said Acting USCIS Director Tracy Renaud.

The new policy guidance updates the USCIS Policy Manual to “clarify the criteria and circumstances for expedited processing; improve request for evidence (RFE) and notice of intent to deny (NOID) guidance; and increase the validity period for initial and renewal employment authorization documents (EADs) for certain noncitizens with pending adjustment of status applications.”

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As DHS Withdraws Trump-Era Biometrics Rule, USCIS Will Temporarily Suspend Biometrics for Certain I-539 Applicants and Allow Biometrics Phone Rescheduling

Over the past few weeks, both U.S. Citizenship & Immigration Services (USCIS) and the Department of Homeland Security (DHS) made significant announcements regarding biometrics for certain visa applications as a way of addressing the extensive backlogs for these cases.

Suspending Biometrics for Certain I-539 Applicants

First, effective May 17, USCIS announced that they “will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status.” USCIS noted that the agency will permit adjudications for those specific categories to proceed based on biographic information and related background checks, without needing fingerprints and a photograph. The temporary suspension will apply through May 17, 2023, and may be extended or revoked by the USCIS director.

This temporary change in policy will impact applicants seeking an extension of stay or change of status to H-4 (spouses and children of H-1B’s), L-2 (spouses and children of L-1’s), and E (dependents of E-1, E-2 and E-3 principal nonimmigrants) status, whose applications were pending on May 17, 2021 and who have not yet received a biometric services appointment notice, as well as those filing their application after May 17, 2021. Unfortunately, O-3 (spouses and children of O-1s) are not included in the temporary biometrics submission suspension.

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USCIS to Recall 800 Incorrectly Printed Employment Authorization Documents

As of June 21, 2018, US Citizenship & Immigration Services (USCIS) will also begin the process of recalling approximately 800 Employment Authorization Documents (EADs) that were issued in connection with Form I-589, Application for Asylum and Withholding of Removal. These EAD cards, that were granted by USCIS officers and mailed to recipients in April and May of 2018, contain a production error that rearranged individuals’ first and last names. Although this recall will not affect these individuals’ employment authorization, as their Form I-94s show that they were granted asylum and thus have employment authorization, USCIS will be sending notices to the recipients of these incorrect EADs, or their attorneys, so that the incorrect EADs may be sent back to USCIS in the pre-paid envelope provided within twenty days of receiving the notice or returned to a USCIS field office.  According to the agency, replacement EADs will be sent to recipients within fifteen days of receiving the incorrect cards. If an individual needs proof of employment authorization, they may contact the USCIS Contact Center.