USCIS Implements $10 Fee for H-1B Visa Registration

US Citizenship & Immigration Services (USCIS) announced a final rule last week that will require petitioning employers to pay a $10 non-refundable fee for each H-1B registration they submit for the H-1B electronic registration system. The agency plans to implement the H-1B registration process for the fiscal year 2021 H-1B cap selection process, assuming successful testing of the system. With this H-1B electronic registration system, petitioners seeking to file H-1B cap-subject petitions, including advanced degree exemption cases, will first electronically register with USCIS during a designated registration period (unless the requirement is suspended). If the electronically registered case is selected in the lottery, then the petitioner will file the H-1B petition.

“This effort will help implement a more efficient and effective H-1B cap selection process,” USCIS Acting Director Ken Cuccinelli said in a statement. “The electronic registration system is part of an agency-wide initiative to modernize our immigration system while deterring fraud, improving vetting procedures and strengthening program integrity.” The final rule will be effective December 9, 2019, and the fee will be required when registrations are submitted. USCIS will announce the timeframe for the implementation and initial registration period in the Federal Register once a formal decision has been made, and the agency indicates that they will offer “ample notice to the public in advance of implementing the registration requirement.”

AILA: “Civil Rights Coalition Halts Implementation of Presidential Proclamation Requiring Health Insurance”

Last week, litigators from the Justice Action Center (JAC), the American Immigration Lawyers Association (AILA), and the Innovation Law Lab, with Sidley Austin LLP, filed suit in the US District Court for the District of Oregon to halt implementation of the Trump administration’s requirements for immigrant visa applicants to demonstrate to consular officers at the time of the interview that they will have health insurance within thirty days of entry to the US or have sufficient financial means to cover reasonably foreseeable medical costs. In response to the suit, Judge Michael Simon of the Federal District Court in Portland, Oregon, issued a nationwide temporary restraining order preventing the government from enforcing the proclamation that was set to go into effect Sunday, November 3. The court will consider the merits of the suit, Doe vs. Trump, in the coming days and weeks.

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USCIS Increasing Premium Processing Fee

US Citizenship & Immigration Services (USCIS) announced this week that beginning December 2, 2019, the agency is increasing the fee to request premium processing for certain employment-based petitions. The premium processing fee will increase to $1,440 (currently set at $1,410) for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. The agency notes that the premium processing fee was last increased in 2018 and that the increase “reflects the full amount of inflation from the implementation of the premium processing fee in June 2001 through August 2019 based on the Consumer Price Index for all Urban Consumers (CPI-U).” Premium processing is requested using Form I-907 and is an optional service for certain petitioners filing Forms I-129 or I-140. Filing a premium processing request with the additional fee will result in a fifteen-calendar day response time. USCIS.gov has additional information about filing cases via premium processing including filing addresses.

Dallas Morning News: “Here’s what immigrants contribute to your congressional district”

A new tool developed by New American Economy, a bipartisan research and advocacy organization supporting immigration policies that help grow the US economy, shows that immigrants are contributing billions of dollars in taxes and spending power to congressional districts across the United States. Andrew Lim, New American Economy’s director of quantitative research, said that he hopes that breaking down this data in this way makes it useful for representatives to understand their districts. “This is data that is tailored to their districts, which we know vary greatly from city and county boundaries,” Lim said.

New American Economy used American Community Survey data from the US Census Bureau through 2017 and examined spending and voting power for immigrants and also examined other factors, including home ownership, taxes paid, and the number of immigrant entrepreneurs in each district. Anyone can easily use the tool to look up information on districts or on a state-wide level. In New York District 12, for example, where our firm is located, the tool shows that immigrants make up 26.5% of the population, have paid $4.6B in taxes, and have a spending power of $10.4 billion. Other states, including Texas, also boost high numbers as well. The tool shows that state-wide in Texas immigrants make up about 17% percent of the population, have paid about $35 billion in taxes, and have a spending power of $109.9 billion. “The idea is to show that immigrants at the most familiar level are making giant contributions,” Lim said. “This data tells the story of how immigrants are living and that the conversation around immigration isn’t an abstract but is relevant to our everyday lives.”