US Citizenship & Immigration Services (“USCIS”) announced they have received a sufficient number of H-1B petitions needed to reach the H-1B cap limit for fiscal year 2024 (“FY 2024”), which runs from October 1, 2023 to September 30, 2024. This applies to both the congressionally mandated 65,000 FY 2024 regular cap limit, as well as the 20,000 advanced degree (masters) cap exemptions. USCIS also noted it will be sending non-selection notifications to registrants’ online accounts in the course of the next few days.
Read moreDOS Adopts New Technology and Enhanced Coordination to Streamline Administrative Processing Security Screenings
As part of the visa application process at Embassies, applicants are subject to a background screening process. In accordance with Department of State (“DOS”) procedures the consular officer may determine that “additional information from sources other than the applicant may help establish an applicant’s eligibility for a visa” requiring “administrative processing.”
Read moreNew Visa Processing Fees Effective May 30, 2023
The Department of State (“DOS”) published its updated fee schedule for Consular Services – Nonimmigrant and Special Visa Fees. Beginning May 30, 2023, there will be an increase in fees charged for nonimmigrant visas (“NIVs”) and border crossing cards (“BCCs”). The good news is that the fee increases are less than “originally proposed for all categories of NIVs.”
Read morePilot Program for H and L Visa Renewal in the US Announced
Keeping in line with its efforts to improve visa processing backlogs at the consulates and embassies around the world, the Department of State (“DOS”) announced a plan to launch a pilot program for H and L visa holders to renew their visas in the US, instead of having to travel abroad. In an interview with Bloomberg Law, Julie Stufft, deputy assistant secretary for visa services in the Bureau of Consular Affairs, shared the news of the program that should be initiated later this year.
In 2004, the DOS discontinued domestic visa reissuance service for certain nonimmigrant visas in the United States. Restarting the program by permitting certain H and L visa holders to revalidate their visas domestically, rather than having to travel internationally to renew their visas, is the latest means DOS is planning to take to alleviate the visa application backlogs that developed at consulates as a result of the COVID-19 pandemic. We will keep you updated as more details surrounding the launch of the pilot program become available.
Department of State Provides Update on Visa Processing Backlogs
The Department of State (“DOS”) published an update on the their efforts to tackle the visa backlogs that they have been faced with worldwide due to the COVID-19 pandemic. The DOS is committed to lowering visa interview wait times and optimistically reports embassies and consulates are “recovering faster than projected” and will return to pre-pandemic processing capacity this year.
Read moreUSCIS Has Reached the H-1B Cap for Fiscal Year (FY) 2023
US Citizenship & Immigration Services (“USCIS”) announced they have received a sufficient number of H-1B petitions needed to reach the H-1B cap limit for fiscal year 2023 (“FY 2023”), which runs from October 1, 2022 to September 30, 2023. This applies to both the congressionally mandated 65,000 FY 2023 regular cap limit, as well as the 20,000 advanced degree (masters) cap exemptions. USCIS confirmed it has “completed sending non-selection notifications to registrants’ online accounts.”
USCIS will continue to accept and process H-1B petitions exempt from the cap including petitions filed for current H-1B workers who have been counted previously against the cap and who still retain their cap number, as well as H-1B petitions for extensions, change in terms of employment, change-of-employer, and concurrent employment. To receive future updates about the H-1B program, USCIS encourages applicants to subscribe to the H-1B Cap Season page.
H-1B Cap Registration Period for Fiscal Year 2023 Begins March 1, 2022 (Plus FAQ on the H-1B Cap)
It’s that time of year again! No, not Valentine’s Day; its H-1B Cap Season! US Citizenship & Immigration Services (“USCIS”) recently announced that the initial registration period for the fiscal year (FY) 2023 H-1B cap will begin at 12pm ET on March 1, 2022, and run through 12pm ET on March 18, 2022. During this registration period, prospective petitioners and their representatives will be able to submit their registrations using their myUSCIS online account and pay the required $10 fee for each registration submitted on behalf of each beneficiary.
Read moreAs the US Opens for International Travel, Some Remain in Limbo
As previously reported, international travel to the United States was reopened for vaccinated visitors on Monday, November 8, 2021, as a result of President Biden’s Presidential Proclamation. Previously, tourists and visitors who were physically present in the United Kingdom, Ireland, countries in the European Schengen Area, Brazil, China, India, Iran, and South Africa during the fourteen-day period preceding their entry or attempted entry into US were subject to travel restrictions as a result of the COVID-19 pandemic. These restrictions, which barred entry for most non-US nationals have been officially lifted, for those who are fully vaccinated. Travel remains restricted for people who were vaccinated with non-WHO-approved vaccines, such as the Russian Sputnik V vaccine, and the Chinese CanSino vaccine.
Read moreUSCIS Will Allow Resubmission of Certain FY 2021 H-1B Petitions Rejected or Closed Due to Start Date
On June 23, 2021, U.S. Citizenship and Immigration Services (USCIS) announced it will be accepting resubmitted fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed by the service on the basis that the requested start date was after Oct. 1, 2020.
Read moreAILA files Lawsuit Challenging H-1B Wage-Based Selection Process
On Monday, May 17, 2021 under the representation of the American Immigration Lawyers Association (AILA), five nonprofit organizations and businesses filed a lawsuit against President Joe Biden’s administration challenging the move from an H-1B lottery system to a wage-based selection process.
The suit addresses the implementation of a Trump administration regulation that replaced the H-1B random, computerized H-1B lottery with a system that allocates H-1B visa numbers according to the Department of Labor’s four-level wage system. The final rule which was made effective as of March 9, 2021, and later delayed by the Biden administration to December 31, 2021, gives priority in the H-1B selection process to foreign nationals whose offered salary falls within the highest level of their occupation, continuing on to select cases in descending order from OES wage levels III, II and I.
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