USCIS: New Passport Expiration Requirements for FY 2025 Cap
On February 24, 2024, the U.S. Citizenship and Immigration Services (USCIS) confirmed that registrants for the FY 2025 cap must possess a valid, unexpired passport or travel document at the time of registration.
- The passport or travel document (for foreign nationals who may be stateless) provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa.
- Each beneficiary must only be registered under one passport or travel document. H-1B employers are required to provide the passport or travel document expiration dates for all registrants.
This may be a challenge to registrants may not have a valid passport during the H-1B registration period (May 6 – May 22, 2024):
- Starting with the FY 2025 Cap, employers cannot file a registration for a foreign beneficiary who does not have a valid passport.
- If the foreign beneficiary has a valid passport when she or he is registered by the employer, but renews the passport before the filing of the H-1B petition, the employer can include copies of both passports and provide an explanation of the renewal.
- If the foreign beneficiary cannot renew the passport, employers should enter the expiration date of the most recently issued passport.
- If the validity of a foreign beneficiary's passport has been officially extended beyond its original date of expiration, the employer must enter the extended expiration date. Evidence of the renewal by decree must be uploaded in the registration form's evidence section.
- USCIS has indicated, nevertheless, that the number of foreign beneficiaries without a passport or travel document is small.
Takeaway: In order to be successful, FGI advises that all registrants need a passport that is valid for months into the future, because passport information provided on the registration should match with the passport the foreign beneficiary will use to enter the U.S. subsequently as an H-1B nonimmigrant.
E-Verify to Pilot Next Generation Service in Spring 2024
E-Verify announced on February 22, 2024, that it will launch its "next generation" service, E-Verify+, as a pilot in spring 2024:
- E-Verify said the "plus" in E-Verify+ represents benefits the new service will provide to employers and employees, including "added efficiency" for employers and "more control over their personal information" for employees.
- E-Verify+ will include streamlining of Form I-9 and the employment eligibility verification process. Feedback will be sought as part of the pilot process.
- Updates will be posted on E-Verify.gov.
SOURCE: E-Verify notice (Feb. 22, 2024)
Department of Labor Extends Request for Information (RFI) to May 13, 2024
on Proposed Schedule A Occupation Revisions
On February 15, 2024, the Department of Labor's (DOL) Employment and Training Administration extended its Request for Information (RFI) period concerning possible revisions to its list of Schedule A job classifications. Previously ending on February 20, the new window for submitting comments closes on May 13, 2024.
- The proposed revisions would allow for the inclusion of additional occupations in Science, Technology, Engineering, and Mathematics (STEM) and non-STEM categories.
- This initiative is part of the Biden administration's Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, which was issued on October 30, 2023.
- The Executive Order requires the Secretary of Labor "to solicit public input, including from industry and worker-advocate communities, identifying AI and other STEM-related occupations, as well as additional occupations across the economy for which there is an insufficient number of ready, willing, able, and qualified United States workers."
- Comments may be submitted to the Federal eRulemaking Portal at www.regulations.gov. The portal will provide instructions on submitting comments.
SOURCE: Federal Register: https://public-inspection.federalregister.gov/2024-03187.pdf
DHS and USCIS Announce H-1B Registration Final Rule and FY 2025 H-1B Cap Registration Period
On February 2, 2024, the Department of Homeland Security (DHS) posted a final rule amending its regulations relating to the H-1B registration selection process which includes the following provisions:
- A beneficiary-centric selection process for H-1B registrations, where USCIS will select by unique beneficiary rather than by registration.
- Start date flexibility for certain H-1B cap-subject petitions, permitting filing with requested start dates that are after October 1 of the relevant fiscal year.
- Integrity measures that codify USCIS' ability to deny or revoke H-1B petitions where the underlying registration contained a false attestation or was otherwise invalid, and adding a provision that USCIS may deny or revoke the approval of an H-1B petition if it determines that the fee associated with the registration is declined, not reconciled, disputed, or otherwise invalid after submission.
US Citizenship and Immigration Services (USCIS) has also announced the following:
- The initial registration period for the FY 2025 H-1B cap will open at noon Eastern time on March 6, 2024, and run through noon Eastern on March 22, 2024.
- This year, the registration fee will remain $10.00 for all registration submitted before April 1, 2024.
- Registrants will be required to provide valid passport information or valid travel document information.
- The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa.
- Each beneficiary must only be registered under one passport or travel document.
- If enough unique beneficiaries are registered by March 22, 2024, as projected to reach the H-1B numerical allocations, USCIS will randomly select from among those unique beneficiaries and send selection notifications via users' USCIS online accounts.
- If enough unique beneficiaries are not registered, all of the properly registered beneficiaries will be selected.
- USCIS intends to notify account holders and upload selection notifications to their accounts by March 31, 2024.
USCIS Announces New Fees Effective April 1, 2024
On January 30, 2024, the U.S. Citizenship and Immigration Services (USCIS) published a final rule to increase USCIS filing fees for certain petitions and applications filed with USCIS for immigration benefits. The new filing fees will help USCIS fund its operations to process these petitions and applications. Here are some highlights:
- The new USCIS filing fees will take effect on April 1, 2024.
- The new fee will apply to all registrations submitted on or after April 1, 2024. Registrations submitted before April 1, 2024 will not be affected by the fee increase.
- The new USCIS filing fee schedule may be found at https://www.uscis.gov/frequently-asked-questions-on-the-uscis-fee-rule under the tab, "New Fee Schedule Table."
- USCIS has increased the H-1B registration fee from $10.00 per registration to $215.00 per registration. However, the $215.00 registration fee will NOT affect the upcoming H-1B registration period held in March 2024. The H-1B registration fee will remain $10.00 for this year.
- Employers that file a Form I-129 petition or Form I-140 petition must now pay, in addition to the new filing fee(s) for these forms, an Asylum Program Fee of $600.00 per petition.
With the new filing fees, USCIS is introducing revised form editions. These new form editions will take effect on April 1, 2024. Please note that USCIS will accept prior editions of most forms during a grace period from April 1, 2024, through June 3, 2024, provided the forms are submitted to USCIS with the correct filing fee(s). NOTE: There will be no grace period for Form I-129 or Form I-140.
USCIS Announces Launch of Organizational Accounts and Online Filing on February 28, 2024
US Citizenship and Immigration Services (USCIS) will launch:
- New organizational accounts in the USCIS online account that will allow multiple people within an organization and their legal representatives to collaborate and prepare H-1B registrations, H-1B petitions, and any associated Form I-907; and
- Online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions on February 28, 2024.
Additionally,
- On April 1, 2024, USCIS will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.
- Petitioners will continue to have the option of filing a paper Form I-129 H-1B petition and any associated Form I-907
- During the initial launch of organizational accounts, users will not be able to link paper-filed Forms I-129 and I-907 to their online accounts.
- An increased filing fee for Form I-907, will be effective February 26, 2024.
- If USCIS receives a Form I-907 postmarked on or after February 26, 2024, with the incorrect filing fee, the Service will reject the Form I-907 and return the filing fee.
USCIS Completes 10 Million Immigration Cases in FY2023; First Backlog Reduction in Over a Decade
U.S. Citizenship and Immigration Services (USCIS) released end of fiscal year (FY) 2023 data that illustrate the agency's progress in meeting its strategic priorities:
- In FY 2023, USCIS received 10.9 million filings and completed more than 10 million pending cases, both record-breaking numbers in the agency's history. In doing so, USCIS reduced overall backlogs by 15%.
- In FY 2023, USCIS and the Department of State (DOS) issued more than 192,000 employment-based immigrant visas – far above the pre-pandemic number. For the second year in a row, no available visas went unused.
- The agency increased the maximum validity period of Employment Authorization Documents (EADs) to five years for adjustment of status applicants.
- USCIS also clarified eligibility for a range of immigration services, including the International Entrepreneur Rule, the EB-1 immigrant visa for individuals of extraordinary ability and outstanding professors and researchers, and the waiver of the two-year foreign residence requirement for J-1 cultural and educational exchange visitors (including foreign medical graduates).
- USCIS also removed the biometrics fee and appointment requirement for applicants for a change or extension of nonimmigrant status and updated the agency's interpretation of the Child Status Protection Act to prevent many child beneficiaries of noncitizen workers from "aging out" of child status, allowing them to seek permanent residence along with their parents.
- USCIS will work to maintain the median processing times of 30 days for certain EAD applications filed by individuals who entered the United States after scheduling an appointment through the Customs and Border Protection.
- USCIS will also continue to update policy guidance for the EB-5 investor visa program, incorporating statutory reforms to the Regional Center Program as they relate to regional center designation and other requirements for immigrant investors.
- USCIS will also finalize a new rule on the H-1B program for specialty occupation workers.
- USCIS will also propose a new rule on the adjustment of status process, including regulations clarifying the age calculation under the Child Status Protection Act and providing employment authorization for certain derivative beneficiaries awaiting immigrant visa availability when they present compelling circumstances.
Source: Completing an Unprecedented 10 Million Immigration Cases in Fiscal Year 2023, USCIS Reduced Its Backlog for the First Time in Over a Decade | USCIS and ABIL Immigration Insider, February 11, 2024.
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