United States Archives

U.S. Citizenship and Immigration Services is gearing up for H-1B cap season, with new organizational accounts launched today and the H-1B registration window opening next week.

Key Points:

Today, USCIS launched myUSCIS organizational accounts designed to allow multiple people within organizations and their legal representatives to collaborate on and prepare H-1B registrations. Petitioners with existing accounts do not need to create new ones and will automatically have access to the enhancements. A USCIS organizational accounts FAQ is available here. BAL urges employers to work closely with BAL before accessing their accounts.
H-1B registration will be open noon EST on March 6 through noon EDT on March 22. During this time, petitioners can use their USCIS online accounts to register H-1B beneficiaries electronically.
Under this year’s procedures, USCIS will require registrants to provide valid passport or travel document information for each beneficiary. 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 be registered under only one passport or travel document. The same passport or travel document number must be used on the I-129 petition that gets filed on behalf of the beneficiary if he or she is selected in the lottery.

Additional Information: Following the registration period, USCIS will conduct a lottery to determine which registrations will be eligible for H-1B petition filing beginning April 1. Under a recently published regulation, the agency will switch to a beneficiary-centric lottery this year, meaning each beneficiary can be selected only once, regardless of how many registrations were submitted on his or her behalf. BAL urges employers to work closely with their BAL team as they prepare for H-1B cap registration and throughout cap season.|

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Citizenship and Immigration Services announced Tuesday that certain Ukrainians and their immediate family members can apply for re-parole to extend their stay in the United States.

Key Points:

Eligible Ukrainians can apply for a new period of parole (“re-parole”) for up to two years.
Eligibility requirements include demonstrating the Ukrainian citizen or immediate family member was paroled in the U.S. on or after Feb. 11, 2022, and clearing biographic and biometric background checks.
Applicants can complete and submit Form I-131, Application for Travel Document, online to start the re-parole process.
Applicants should file before the end of their initial parole period, ideally no later than 60 days before the last day of their initial parole period. The initial date of parole can be found on Form I-94, Arrival/Departure Record.
Fee waiver requests are available in certain circumstances.
Approved applicants for re-parole can then apply separately for a new employment authorization document, Form I-765, for the duration of the new parole period.

Additional Information: Re-parole is part of the Uniting for Ukraine humanitarian program that launched April 25, 2022. USCIS has stated that applications will be considered “on a discretionary, case-by-case basis for urgent humanitarian reasons or significant public benefit.” The agency recommends filing online versus physically mailing the forms to expedite the process and minimize error. If applicants do not have a current online account, they can create one here.

BAL Analysis: In announcing the re-parole program, USCIS stated that it recognizes the “extraordinary circumstances in Ukraine that supported the prior exercise of discretionary parole authority continue to exist.” BAL will continue to follow the administration’s response to the crisis in Ukraine and provide updates as information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

As previously announced, U.S. Citizenship and Immigration Services will increase premium processing fees on Feb. 26.

Under a rule published in December 2023, fees will increase as follows:

Form I-129, Petition for a Nonimmigrant Worker: Premium processing fees for all Form I-129 requests for classifications other than H-2B and R-1 will increase from $2,500 to $2,805. Premium processing fees for H-2B and R-1 Form I-129 requests will increase from $1,500 to $1,685.
Form I-140, Immigrant Petition for Alien Worker: Premium processing fees for Form I-140 requests will increase from $2,500 to $2,805.
Form I-539, Application to Extend/Change Nonimmigrant Status: Premium processing fees for Form I-539 requests will increase from $1,750 to $1,965.
Form I-765, Application for Employment Authorization: Premium processing fees for Form I-765 requests will increase from $1,500 to $1,685.

Additional Information: In 2020, Congress passed the USCIS Stabilization Act, setting new premium processing fees and allowing the Department of Homeland Security to adjust fees every two years. In a statement issued when the fees were announced, DHS said it is increasing fees “for all eligible forms and categories to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers.”

The new fees will apply to all premium processing requests postmarked on or after Feb. 26, 2024. Premium processing is only available for some benefits. More information is available here. The new premium processing fees are unrelated to filing-fee increases that USCIS announced on Jan. 30 and that are scheduled to take effect April 1.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The State Department’s H-1B domestic visa renewal pilot program’s final application slots open Feb. 26 for qualifying applicants.

Key Points:

The pilot program launched Jan. 29 and is open to a total of 20,000 H-1B visa holders whose previous H-1B visas were issued within certain time frames by U.S. diplomatic missions in Canada or India.
The remaining application slots for renewal under the pilot program will be released Feb. 26.
Applications are handled on a first-received, first-processed basis until the weekly limit is reached (approximately 4,000 total per week).
The application period will close when all application slots are filled or on April 1, whichever comes first.

Additional Information: Foreign nationals are reminded that they must qualify for the pilot program at the time of their visa application. A detailed FAQ covering a number of topics, including required documents and fees, processing logistics, and the proper location to select when completing the application, is available here.

BAL Analysis: Domestic visa renewal has not been widely available in the U.S. since 2004. The pilot program is an important step toward its revival. Although the pilot will be open to only a limited number of H-1B visa holders, it could be expanded to other individuals and visa categories later this year. BAL will provide additional updates as information becomes available.

Read the latest immigration news.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

President Biden moves to allow certain Palestinians to stay in the U.S.

Premium processing fees are about to go up.

And why national interest waivers are increasingly common in the green card process.

Get this news and more in the new episode of BAL’s podcast, the BAL Immigration Report, available on Apple, Spotify and Google Podcasts or on the BAL news site.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

Earlier this month, the Department of Homeland Security published a regulation to overhaul the H-1B lottery and move to a one-beneficiary, one-selection system rather than the current employer-focused process. This change has the backing of the business community and is designed to reduce incentives for bad actors to submit multiple registrations for the same individual.

It also has the potential to reduce the overall number of H-1B registrations and improve H-1B selection rates.

Still, we expect H-1B demand to outpace supply once again this year. Under federal law, 85,000 cap-subject visas are available each year, including 20,000 set aside exclusively for advanced degree holders. In recent years, we’ve seen demand for H-1Bs skyrocket — even through a global pandemic and an uncertain economy.

As we discussed in a recent webinar, H-1B contingency planning is as important as ever. It is particularly important to have a backup plan for employees whose current work authorization will expire this year or next year, though it doesn’t hurt to begin planning even earlier.

Some of the more common H-1B alternatives include:

Nationality-specific nonimmigrant visas. Under bilateral agreements, certain nationalities are eligible for temporary nonimmigrant visas. These visas include H-1B1 specialty occupation visas for citizens of Chile and Singapore, E-3 specialty occupation status for Australian citizens and TN classification for citizens of Canada and Mexico. All of these visa types have some elements in common with the H-1B visa, but there are also some key differences. For example, the TN category is limited to a set list of occupations in the United States-Mexico-Canada Agreement (previously the North American Free Trade Agreement), rather than the H-1B’s broader pool of specialty occupations.
L-1 intracompany transfer visas. The L-1 category allows companies with international offices to transfer employees in managerial or specialized knowledge positions from a foreign branch or affiliate office to their U.S. offices. Only employees with at least one year of experience in the company’s foreign operations in the last three years are eligible. Some companies may consider longer-term strategies of employing select candidates in their overseas office for a year and then applying for L-1 status. Employers must take into consideration other countries’ residence and work authorization requirements to a brand or affiliate office outside the U.S.
O-1 “extraordinary ability” visas. Individuals demonstrating extraordinary ability in business, science, education, art or athletics may qualify for an O-1 visa. This category requires evidence of distinguished achievements such as published articles, peer-reviewed activities, major awards, high salaries or employment in a critical capacity for a well-known organization. Fair warning: Applying for an O-1 visa is a long, evidence-intensive process. Candidates should begin at least eight months before they plan to submit their application.
J-1 exchange visas. Companies may bring foreign students and graduates of foreign universities to the U.S. as trainees for up to 18 months or as interns for up to 12 months. One of the limitations to this category is that employers may not hire a J-1 visitor for a position that is filled or would be filled by a full-time or part-time employee. Exchange visitors also must prove their intent to return to their home country and in some cases must return to their home country for two years at the end of their J-1 status.
Spousal visas. In some cases, spouses of nonimmigrant visa holders may be eligible for work authorization. For example, L-2 and J-2 visa holders can qualify for work authorization and H-4 visa holders may be eligible depending on how far their spouse is in the green card process.
Immediate green card sponsorship. This option is available in limited circumstances as an H-1B alternative. For example, it could be an option for employees who still have most of their F-1 STEM OPT work authorization remaining and are not in an impacted green card category. Even if it is not considered as an H-1B alternative, early green card sponsorship may be worth pursuing. BAL is available to help employers determine the best green card strategy, including whether to pursue permanent labor certification (PERM) or a national interest waiver.

Every cap season has its own flavor, and we don’t always know how economic trends and regulatory changes will impact H-1B demand.

We do know the H-1B program continues to be oversubscribed. Given the low selection rate in recent years, we know many employees will be back in the lottery this year. On top of that, the H-1B registration fee is set to jump from $10 to $215 next year, providing another incentive for employers to submit registrations now.

As we said in our webinar: Plan early and often. A good H-1B contingency plan for valued employees can set you up for success this year and well into the future.

Michelle Funk is a partner and the head of BAL’s office in Tysons, Virginia. Gabriel Castro is a senior associate and head of BAL’s office in Los Angeles. Michelle and Gabriel’s recent webinar “Plan early and often: H-1B alternatives in a tight labor market,” is available on-demand here.

U.S. Citizenship and Immigration Services processed a record 10 million immigration cases last fiscal year and strengthened employment-based immigration, according to information the agency recently published.

Key Points:

USCIS received 10.9 million filings and completed more than 10 million pending cases, effectively reducing overall backlogs by 15%.
USCIS says the FY 2023 data demonstrates significant progress in meeting four key strategic priorities: reducing backlogs, improving customer experience, addressing humanitarian needs and strengthening employment-based immigration.
Other FY 2023 highlights related to employment-based immigration included:
Issuing more than 192,000 employment-based immigrant visas — more than pre-pandemic numbers — and ensuring that no available visas went unused.
Increasing the maximum validity period of Employment Authorization Documents (EADs) to five years for adjustment of status applicants.
Publishing a regulation designed to strengthen the integrity of the H-2 temporary worker program.

Additional Information: Due to COVID-era funding and staffing challenges, USCIS had a steep hill to climb in restoring operations to pre-pandemic levels. In 2022, the agency set goals to shorten processing timelines, including target “cycle times” for 25 form types. By the end of FY 2023, USCIS achieved its cycle time goals for nine of those 25 forms, including naturalization, and reduced cycle times for all but one of the 25 forms.

BAL Analysis: The agency released information about its progress tackling backlogs shortly after it published a final rule to raise USCIS fees for the first time since 2016. The business community had urged USCIS to take additional steps to reduce backlogs and inefficiencies before raising fees. The agency has said it will use the additional revenue to meet processing demands and prevent future backlogs. BAL will continue to monitor the implementation of the fee increases and USCIS processing and provide updates as information becomes available.

Register for BAL’s Feb. 28 live webinar 2024 USCIS fee and H-1B rules for helpful insights that will help you plan for the fee changes, their impact on your budget and what comes next.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The U.S. State Department is urging U.S. citizens planning to travel to France for the 2024 Paris Olympic and Paralympic Games to check their passports and renew them as soon as possible if necessary.

The Olympics will take place from July 26 to Aug. 11 and the Paralympics will take place from Aug. 28 to Sept. 8. Millions of U.S. citizens are expected to travel to France this summer to attend the games.
Passports can be renewed at any time and by mail, if applicants qualify. According to the State Department, routine passport processing is currently taking six to eight weeks and expedited processing is ranging from two to three weeks; however, wait times often increase as summer approaches.
To enter France, a U.S. passport must be valid for at least three months before the end of a trip.
The U.S. Embassy in Paris has established a Special Events page for the Olympic and Paralympic Games that includes travel tips and reminders.

Additional Information: The French government has launched a new Olympic consulate system to streamline the visa application process for the 2024 Olympic and Paralympic Games. While U.S. citizens generally do not need a visa to enter France, travelers can complete a short online questionnaire to determine if they require a visa.

BAL Analysis: Given the millions of people expected to travel to France for the Olympic and Paralympic Games, travelers should take care of U.S. passport needs as soon as possible to minimize any complications that could impact travel plans. BAL will continue following developments in the lead-up to the Games and will provide updates as information becomes available.