Episode 68: Assessing immigration strategies in light of fee increases, the upcoming election

It’s April 4, and this is your BAL Immigration Report.

• S. Citizenship and Immigration Services is now accepting H-1B petitions for cap-subject visas.
• The U.S. Embassy in India moves to streamline appointments.
• Why now is a good time for U.S. employers to rethink immigration strategy.

“Right now, the U.S. immigration system has been receiving favorable policy treatment to improve immigration options for talent in the U.S., particularly STEM talent. And for a number of reasons, including the upcoming election, those favorable policies might not last forever.”

—John Hamill, BAL Partner

U.S. news

H-1B filing period opens

U.S. Citizenship and Immigration Services opened the 90-day filing period on Monday for petitioners whose registrations were selected in this year’s H-1B lottery. The agency conducted a random selection process after the registration period closed March 25.

All registrants’ myUSCIS online accounts have been updated to show the status of each registration. Selected petitioners must use the new April 1, 2024, edition of Form I-129, as well as submit the updated fee amount dictated by USCIS’ new fee rule, which took effect Monday.

Mission in India consolidates interview appointments

The U.S. Embassy in India recently announced new measures to consolidate B1/B2 interview waiver appointments. New Delhi appointments continue to be available for interview waiver-eligible applicants applying for a visitor visa. Interview waiver appointments for visitor visas in Chennai, Hyderabad, Kolkata and Mumbai are limited.

The consolidation is part of the U.S. Mission’s continuing efforts to streamline visa processing. Officials in India processed a record-breaking 1.4 million U.S. visas in 2023 and reduced B1/B2 visitor visa wait times from 1,000 to 250 days.

U.S. news roundup

• USCIS shared new data showing improvements in processing times so far this fiscal year.
• The Department of Labor posted updated H-2A and H-2B processing times.
• Officials revised the citizenship application to provide a third gender option, “X.”
• In expert analysis posted to com, BAL Senior Associate Matt Dillinger looks at historic H-1B denial trends and what they mean for employers.

Spotlight

A conversation with BAL Partner John Hamill: why now is a good time for U.S. lawyers to rethink immigration strategies.

BAL Immigration Report: Last week, BAL Partners Maria DeLapp and Matthew Gross joined the podcast to discuss how companies had prepared for the dramatic immigration filing fees that took effect this past Monday, April 1.

This week, we speak with BAL Partner John Hamill, who recently authored an article for Mobility Magazine about how the fee increases and the upcoming presidential election give U.S. employers the opportunity to rethink their immigration strategies. In the article, Hamill noted that the fee hikes were the first since 2016 and include not only increases to base fee levels but also a new $600 Asylum Program Fee that will be charged for most Form I-129 and Form I-140 filings. “None of this is good news,” Hamill writes. At the same time, the fee increases present an opportunity for companies to take stock of their immigration programs and reassess whether they are doing everything they can to take advantage of policy improvements that the Biden administration has made.

Hamill: Right now, the U.S. immigration system has been receiving favorable policy treatment to improve immigration options for talent in the U.S., particularly STEM talent. And for a number of reasons, including the upcoming election, those favorable policies might not last forever. So using this window of opportunity to take advantage of those policies — whether it’s clarifying O-1 guidance or NIW guidance, expanded premium processing options or others — could significantly enhance companies’ immigration programs, so long as they are utilized during the period that those policies still apply.

BAL: In his article, Hamill said the administration has shown a measure of good faith, even if the business community was not happy the fee increases were as substantial as they were.

Hamill: The Biden administration has done a lot of things to improve the U.S. immigration system, even preceding the fee filing increase that just came in, particularly when you compare what the system looked like under the Trump administration — again, whether that’s clarifying guidance on O-1s and NIWs, or expanding the list of F-1 I-20 CIP codes that qualify for STEM extensions, or just in general improving overall green card processing timelines. Furthermore, the administration has stated that a big part of the fee increases implemented as of this month will be applied toward further improvements to this immigration system. So given the substantial improvements we’ve already seen ahead of these fee changes, I think the administration gets a level of credibility for its intentions for the future.

BAL: The presidential campaign has injected additional uncertainty into immigration planning, Hamill says.

Hamill: During the Trump administration, we certainly saw a far more restrictive immigration environment than we have right now. If President Trump were to be reelected, I think it’s pretty safe to say that a similar environment would most likely be coming back. And the policies that are currently enhancing U.S. immigration programs that I was just talking about under the Biden administration also have a good chance of being restricted or even rolled back if there’s a change in the White House. So I think the concept of striking while the iron is hot is a good move for most immigration programs, because it just may not be an option if there is a change in the White House.

BAL: John Hamill’s article, “Fee Hikes Give U.S. Employers the Chance to Rethink Immigration Strategies,” was published last week in Mobility Magazine.

Global news

Germany modernizes citizenship law

In Germany, the government has passed a new act modernizing citizenship law. The measure reduces the minimum period of residence in Germany required for naturalization from eight years to five years — and in special cases, only three years. Officials also loosened restrictions on dual citizenship, removing prohibitions that prevented individuals from naturalizing without first giving up their current citizenship.

The law is designed to attract more high-skilled workers and provide greater benefits to well-integrated residents. It is expected to allow more people to apply for German citizenship. The act will go into effect in June.

Canada plans temporary resident reduction

In Canada, the government announced plans to reduce its temporary resident population. Officials aim to reduce temporary residents to 5% of Canada’s total population by 2027, down from 6.5% in 2023, according to Reuters. It will be the first time ever that Canada has capped temporary immigration. The measures are intended to address housing shortages and gaps in essential services that have been exacerbated by recent increases in foreign students, workers and other temporary residents.

Global news roundup

• Ireland has updated eligibility requirements for Stamp 4 permissions.
• Israeli officials have extended the submission window for some work permit applicants.
• In the Netherlands, authorities have updated document retention requirements for recognized sponsors.

Follow us on X, and sign up for daily immigration updates. We’ll be back next week with more news from the world of corporate immigration.