Search
Contact
Login
Share this article
Companies that are filing H-1B cap-subject petitions from the second H-1B registration lottery for fiscal year 2024 are reminded that the 90-day filing period closes Oct. 31.
Key Points:
Additional Information: With the additional selections in the second lottery, this year’s overall H-1B cap selection rate rose to 24.8%, which is roughly on par with last year’s 26.9%, even with the surge in registrations this year. Last week, USCIS posted a proposed regulation to “modernize” the H-1B program, including the lottery. The proposed changes may impact FY2025 registration but do not affect FY2024 filing.
BAL Analysis: Companies should work with their BAL professional to ensure that their H-1B cap petitions are filed before the Oct. 31 deadline. USCIS has not indicated whether it will conduct a third lottery and accept additional cap-subject petitions. BAL will provide information as it becomes available.
This alert has been provided by the BAL US Practice Group.
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 on Friday posted a proposed regulation to “modernize” the H-1B visa program.
The proposed rule would have broad consequences for H-1B oversight and requirements; however, it is still in the early stages of rulemaking. Once the proposal is published, the government will accept public comments for 60 days and will review the comments before publishing a final rule. It is not yet clear whether the rule will be in place in time for FY2025 H-1B cap registration.
USCIS said the proposed rule was crafted to (1) modernize H-1B requirements and improve efficiency, (2) provide greater benefits and flexibilities for petitioners and beneficiaries and (3) improve integrity measures.
Additional Information: The 227-page rule is expected to be published in the Federal Register on Monday, Oct. 23. A pre-publication version was posted Friday and is available here.
BAL Analysis: The proposed rule would have significant impacts to the H-1B visa program, but it is not clear if the new provisions or a proposed increase to the H-1B registration fee will be in effect in time for the upcoming cap season registration. USCIS indicated it may seek to finalize provisions related to cap registrations separately from other provisions in the proposal to have those in place for the upcoming cap season. BAL will continue to review the proposed regulation and will provide updates as it moves through the regulatory process. BAL will host a webinar on the proposed changes to the H-1B program. Details will be available soon.
This alert has been provided by the BAL U.S. Practice group.
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.
The Department of Homeland Security announced Thursday that visa-free travel for Israeli nationals has begun.
Key Points:
Additional Information: Israel worked for years to obtain entry into the U.S. VWP. The U.S. Department of Homeland Security said Israel “put forth a significant whole-of-government effort to meet all program requirements, including passing multiple new laws, establishing information sharing systems, and implementing new entry procedures for all U.S. citizens.” Israel will be the 41st member of the VWP.
The State Department has submitted a Federal Register notice on a planned H-1B domestic visa renewal pilot to the White House Office of Management and Budget (OMB).
Key Points:
Additional Information: Domestic visa renewals have not been broadly available since 2004. The State Department announced plans for a domestic renewal pilot in February.
BAL Analysis: The pilot is a significant step towards bringing back a domestic visa renewal program. While details are not available yet, the pilot is expected to apply to a limited number of H-1B visa holders before being reviewed and potentially expanded to a larger program in the future. Eligibility criteria, scope and duration of the pilot will not be known until the notice is cleared and published in the Federal Register. BAL will continue following the matter and will provide information once it becomes available.
A proposed regulation to “modernize” requirements and oversight in the H-1B visa program and provide additional flexibility in the F-1 student visa program has cleared review at the White House Office of Management and Budget.
BAL Analysis: The proposal could have broad consequences for the H-1B and F-1 visa programs; however, the text of the proposed rule has not yet been published. The proposal is expected to go through a 60-day notice-and-comment period before it is updated and published as a final rule, which will likely have a delayed effective date. It is not clear at this time whether the rule will be in place for the FY2025 cap registration season. BAL will provide additional updates as information becomes available.
The United States has halted immigrant and nonimmigrant visa services in Israel amid ongoing security concerns.
BAL Analysis: Visa services are not available in Israel at this time. The situation continues to evolve and travel rules and procedures may change with little or no notice. U.S. citizens in Israel are encouraged to monitor State Department websites for updates. Employers looking to move employees out of Israel can contact BAL at GCITeam@bal.com for information about the options available to them. BAL will continue following the situation and will provide updates as information becomes available.
The U.S. Department of Labor has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of Sept. 30, the department was adjudicating applications filed in November 2022 and earlier and conducting audit reviews on applications filed in July 2022.
Average Number of Days to Process PERM Applications:
PWD Processing: As of Sept. 30, the National Prevailing Wage Center was processing PWD requests filed in March and earlier for H-1B OEWS cases and February and earlier for PERM OEWS cases. Redeterminations were being considered on appeals filed in March and earlier for H-1B cases and PERM cases. Center Director Reviews were being conducted for H-1B and PERM cases filed in June and earlier. For more information, visit this Department of Labor website.
Following months of delays, U.S. passport wait times are starting to improve.
Additional Information: The State Department attributed the improved times to aggressive recruiting and hiring at passport agencies, workers putting in tens of thousands of overtime hours each month and the opening of a new satellite office. Recent demand is the highest in U.S. history, with more than 24 million passport books and cards issued in the past year.
BAL Analysis: The change in passport wait times is good news; however, the improvement may prove temporary. Requests for passports tend to increase ahead of holiday travel and applicants should expect delays and plan accordingly.
Hamas militants launched a surprise attack on Israel over the weekend, prompting a declaration of war by Israeli Prime Minister Benjamin Netanyahu. Fighting is expected to continue. The U.S. Embassy in Israel stated, “The situation in Israel remains dynamic; mortar and rocket fire may take place without warning.”
BAL Analysis: The situation in Israel continues to evolve and travel rules and procedures may change with little or no notice. U.S. citizens are encouraged to monitor State Department websites for updates. Employers looking to move employees out of Israel can contact BAL at GCITeam@bal.com for information about the options available to them. BAL will continue following the situation and will provide updates as information becomes available.
The State Department released the November Visa Bulletin Monday, showing no movement in key employment-based categories. U.S. Citizenship and Immigration Services confirmed it would use the Dates for Filing chart to determine employment-based filing eligibility for adjustment of status.
Dates for Filing for Employment-Based Preference Cases:
BAL Analysis: The lack of movement follows advancement across key categories in the October Visa Bulletin, the first of the 2024 fiscal year. USCIS has said that while it has “issued an unprecedented number of employment-based green cards” in the previous two fiscal years, the numerical limits for fiscal year 2024 will not be as high. The State Department has said that while advancement in cutoff dates could potentially occur throughout the current fiscal year, “actual date movements will be dependent on visa demand and issuance patterns throughout FY-2024.” BAL will continue to provide updates on the Visa Bulletin as information becomes available.
This alert has been provided by the BAL U.S. Practice Group.