DHS Publishes H-1B Modernization Final Rule to Improve Program Integrity and Efficiency

On December 18, 2024, the Department of Homeland Security (“DHS”) published a Final rule in the Federal Register modernizing and increasing the efficiency of the H-1B program, adding benefits and flexibilities, and improving integrity measures. This rule will become effective January 17, 2025.

The final rule imposes changes to the H-1B program and codifies a number of existing rules. We must point out that the final rule is quite lengthy; therefore, our summary does not cover all of the changes. We have outlined a few of the most notable updates and changes below which we feel may be of most interest to our community.

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The New York Times: “Colleges Warn Foreign Students to Get to Campus Before Trump Takes Office”

Ahead of President Trump’s upcoming inauguration on January 20, 2025, some universities, including Harvard, USC, and Cornell are advising their international student body to prepare to return to campus from their winter breaks before Trump is sworn in to office. The warnings are a result of Trump’s expressed desire to reimpose a travel ban previously instituted during his first term as President and ended by President Biden when he took office.

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USCIS Has Reached the H-1B Cap for Fiscal Year (FY) 2024

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.

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DOS 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.”

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New 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.”

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Pilot 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.

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USCIS 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.

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As 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.

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