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USCIS moves a step closer to raising immigration filing fees. The U.S. Embassy in Israel returns to its normal staffing level. And how Biden administration guidance on STEM workers is making it easier for recent graduates to stay employed.
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.
The U.S. Department of Labor’s Office of Foreign Labor Certification published assignment groups for 8,817 H-2B applications submitted from Jan. 2-4 with an April 1 start date.
Key Points:
Additional Information: BAL’s H-2 legal team is available to assist employers through the H-2B process and strategize to help them meet workforce needs. For more information, visit BAL’s temporary workforce solutions page here.
A final rule that would substantially raise U.S. Citizenship and Immigration Services filing fees is under White House Office of Management and Budget review.
Additional Information: In January 2023, the agency proposed a new fee schedule that would see fees increase by a weighted average of 40% — and more for most high-skilled classifications. The proposal drew nearly 8,000 public comments last year, with business and trade organizations saying that while USCIS must adjust fees from time to time, the agency should take steps to improve services and reduce fee increases where possible. In December, DHS indicated it was targeting April 2024 to publish the final rule, though the agency could potentially publish sooner. The final regulation is expected to have a delayed effective date. BAL will continue following the fee rule through the regulatory process and will provide updates as information becomes available.
The Biden administration pursues a crowded regulatory agenda for 2024.
Passport processing times reach pre-pandemic levels.
And a look at what current labor market trends mean for immigration programs this year.
Federal agencies announced several important changes to immigration programs in the last two weeks of 2023, including the details of a new domestic visa renewal program, the extension of interview waiver authorities and premium processing fee hikes. For those who missed any of the announcements, here’s a roundup of key developments:
Additional Information: The Biden administration’s top regulatory priorities on employment-based immigration in 2024 include H-1B and H-2 modernization, fee hikes and changes to the green card process, according to the Department of Homeland Security’s regulatory agenda published in December. BAL will continue following these and other immigration developments and will provide updates as information becomes available.
The U.S. Department of Labor began accepting H-2B applications Tuesday from employers in need of employees with start dates in the second half of the fiscal year.
BAL Analysis: The H-2B continues to grow in popularity. Last year, OFLC received applications covering 142,796 worker positions for just 33,000 available visas, and most observers expect high demand again this year. Last month, the Biden administration published a regulation to make additional H-2B visas available on top of those available under the regular H-2B cap. Employers interested in the H-2B program can contact BAL or visit its H-2 visa page here.
This alert has been provided by BAL U.S. Practice Group.
U.S. Citizenship and Immigration Services issued updated policy guidance in December regarding the F and M student nonimmigrant classifications.
Among other points, the guidance:
Background: The nonimmigrant academic student (F-1) classification allows a noncitizen to enter the United States as a full-time student at a college, university, seminary, conservatory, academic high school, elementary school or other academic institution, or in a language training program. The nonimmigrant vocational student (M-1) classification includes students in established vocational or other recognized nonacademic programs other than language training programs.
BAL Analysis: The guidance largely consolidates existing policy but is nevertheless a welcome development, particularly the portions related to green card sponsorship and STEM OPT and startup companies. A USCIS policy alert on the updated guidance is available here.
Business and immigration coalitions call for changes to the H-1B lottery.
Visa Bulletin priority dates jump forward.
And the State Department gears up to begin a domestic visa renewal pilot program for some H-1B holders.
Copyright © 2023 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 will increase premium processing fees on Feb. 26.
Under a rule published Thursday, fees will increase as follows:
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, 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 USCIS proposed across visa categories in early 2023; the agency is targeting April 2024 to publish a rule finalizing those fee increases.
The U.S. Justice Department and Department of Homeland Security published a fact sheet this week on how employers can avoid violating the law when using proprietary or commercial electronic programs to complete the Form I-9 or E-Verify process.
Additional Information: BAL continues to review the information published this week and will be providing substantive updates through BAL Community in January, including during a Jan. 17 event, “How to Run a Simple I-9 Audit.” For more information on BAL Community, visit Community.BAL.com.