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The U.S. State Department released the September Visa Bulletin, showing a retrogression by one year for all countries, except for India and China, under EB-3 including Mexico and the Philippines.
Final Action Dates Movement:
EB-1
EB-2
EB-3
SEPTEMBER
Final Action Dates for Employment-Based Preference Cases:
Additional Information: The State Department reported that there has been a steady increase in both USCIS and Department of State demand patterns for employment-based visas during the fiscal year. As a result, most employment-based preference category limits for FY 2024 are expected to be reached during September, if not sooner.
The rapid approach of issuance totals in the employment-based preference categories toward the FY 2024 annual limit resulted in a slowdown of issuance rates and a retrogress of the EB-3 final action dates for the Rest of World, Mexico and the Philippines. It is anticipated that the final action dates will advance in October 2024. BAL will continue to monitor the State Department’s actions and report on updates accordingly.
U.S. Citizenship and Immigration Services will announce which chart it will use to determine filing eligibility here.
This alert has been provided by the BAL U.S. Practice Group.
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In this week’s episode, our legal experts answer questions regarding the H-1B second lottery cap selection announcement — and whether to expect a third lottery.
Also, as the Olympics draw to a close, we reveal which 2024 immigration policies have earned gold, silver and bronze medals in our eyes, and highlight the top immigration news.
Explore more episodes of the BAL Immigration Report podcast, available on Apple, Spotify and the BAL news site.
This podcast has been provided by the BAL U.S. Practice Group.
U.S. Citizenship and Immigration Services updated the fiscal year 2025 H-1B registration process data this week, showing a 3.9% year-over-year increase in selection rates.
Key Points:
Additional Information: BAL created an infographic visualizing selection rates from the chart below that can be referenced here. For expert insights, infographics, industry benchmarking, program management tips and more related to corporate immigration, join the BAL Community for free here.
The chart below shows registration and selection numbers for fiscal years 2021-2025 (as of Aug. 5, 2024):
Today, USCIS announced it has reached a sufficient number of registrations for the second H-1B lottery for fiscal year 2025 and has notified all prospective H-1B petitioners with selected registrations that they are eligible to file.
Additional Information: An H-1B cap-subject petition must be properly filed at the correct filing location or online at my.uscis.gov and within the filing period indicated on the relevant selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners must include a copy of the applicable selection notice with the FY 2025 H-1B cap-subject petition.
USCIS published a final rule that increased fees required for most immigration applications and petitions on Jan. 31, 2024. The new fees are effective as of April 1, 2024, and petitions with incorrect fees will be rejected. Also, as of April 1, 2024, only the new edition of Form I-129, Petition for a Nonimmigrant Worker, will be accepted.
The increased filing fee for Form I-907, Request for Premium Processing Service, is effective as of Feb. 26, 2024. I-907 forms postmarked on or after Feb. 26, 2024, with the incorrect fee will be rejected and fees returned.
Under a certified class relief, certain visa applicants who were previously refused visas will receive a fee credit to submit a new visa application and may be eligible for a prioritized visa appointment.
Additional Information: Nationals of Iran, Libya, North Korea, Somalia, Syria, Venezuela or Yemen who were denied a visa under Presidential Proclamation 9645 between Dec. 8, 2017, and Jan. 20, 2021, and did not receive a waiver may be eligible to benefit from the class relief. More information about eligibility and how to obtain relief benefits is available here.
Today, the U.S. Court of Appeals for the District of Columbia upheld the lower court ruling in favor of the government in a legal challenge to a rule allowing certain H-4 spouses to apply for employment authorization documents.
Additional Information: Save Jobs USA first filed a lawsuit challenging the H-4 employment authorization rule in 2015. The litigation was put on hold while the Trump administration considered whether to rescind the regulation. After the Biden administration took office, the parties filed motions for summary judgment, ultimately resulting in the March 2023 decision favoring the government.
Leading companies and business organizations filed an amicus brief in the lower court case supporting the H-4 rule, saying eliminating H-4 work authorization “would not only siphon off U.S. gross domestic product, but gift that productivity — and the innovation that comes with it — to other nations.”
BAL Analysis: Today’s ruling upholds eligible H-4 spouses’ ability to work in the United States. BAL will continue following the issue and provide updates as they become available.
U.S. Citizenship and Immigration Services has extended the Form I-9, Employment Eligibility Verification, expiration date to May 31, 2027.
Additional Information: For more information about completing Form I-9, employers can visit USCIS’ I-9 Central website or attend a free I-9 webinar.
The U.S. State Department has relocated its Kolkata Visa Application Center.
Additional Information: The State Department reminded visa applicants that B1/B2 interview waiver appointments are now centralized in New Delhi, with extremely limited appointment availability in Chennai, Hyderabad, Kolkata and Mumbai. More information about interview waiver eligibility is available here.
Also, applicants who receive an “Access limitation” warning message when booking an appointment online may have installed browser plug-ins or extensions designed for automation. To proceed with scheduling an appointment, these individuals should remove these automation tools and then try to book the appointment after waiting at least 24 hours.
In this week’s episode, BAL’s Eileen Lohmann discusses immigration regulations former President Trump had in the pipeline before the 2020 election and what they could mean for a potential second term. Plus, the immigrant impact on Team USA and the latest U.S. and global immigration news.
U.S. Citizenship and Immigration Services announced that it would conduct a second H-1B registration lottery for the 2025 fiscal year.
Key Points:
Additional Information: After conducting an initial random selection for the fiscal year 2025 H-1B cap in March, USCIS determined that it would need to select additional registrations for unique beneficiaries to reach the FY 2025 regular cap numerical allocation. The initial filing period for FY 2025 was from April 1 through June 30, 2024. The initial overall registration selection rate was 25.6%, with 120,603 registrations selected out of 470,342 eligible registrations.
BAL Analysis: News of a second lottery is a welcome development, though it remains to be seen how many additional registrations will be selected. USCIS will announce when it has completed this second process of selections and notifications. BAL will provide updates as information becomes available.
This alert has been provided by BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.