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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 ©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 opened this year’s H-1B electronic registration period at noon ET today. The registration period will close at noon ET on March 17.
Here is some of the key information for those new to the process or in need of a refresher:
Background: This will be the fourth cap season in which USCIS is using the H-1B electronic registration system. USCIS received a record 483,927 registrations last year for a total of 85,000 H-1B visas.
BAL Analysis: Employers should expect demand for H-1B visas to be high again this cap season. Employers are encouraged to work closely with BAL regarding which petitions should be fully prepped before the registration lottery and possible H-1B alternatives for registrations that are not selected.
This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
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.
Denial rates for H-1B initial employment visas reached an all-time low of 2% in fiscal year 2022, according to a National Foundation for American Policy analysis of U.S. Citizenship and Immigration Services data.
FY 2022 continues a now-four-year trend in H-1B denial rates dropping after peaking in FY 2018 under former President Donald Trump.
The lower denial rate in recent years is at least in part due to legal challenges that forced USCIS to issue new guidance on the adjudication of H-1B visas in June 2020.
“H-1B denial rates have returned to low levels following the Trump administration’s losses in federal court during Donald Trump’s last year in office, meaning the low annual limit for H-1B petitions is currently the main problem facing employers trying to secure foreign-born talent,” the NFAP analysis said.
The NFAP analysis is available here.
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.
President Joe Biden announced Julie Su as his nominee for Secretary of Labor. Current Labor Secretary Marty Walsh will leave the post later this month to become the executive director of the National Hockey League Players’ Association.
Key Points:
Additional Information: Su’s nomination is subject to Senate confirmation. She would be the first Asian American to serve as a cabinet secretary in the Biden administration, if confirmed. She will serve as acting Labor Secretary until her Senate confirmation hearings.
The Department of Homeland Security announced Wednesday that it would extend the public comment period for its proposal to raise U.S. Citizenship and Immigration Services fees.
Background: In January, USCIS announced a proposal to raise fees for immigration benefit requests by a weighted average of 40 percent — and more for most high-skilled classifications. In addition, a new Asylum Program Fee surcharge of $600 would be imposed on key employment-based filings to pay for humanitarian programs. The proposal would impose significant costs on employers; however, the agency may make changes to its proposal. Higher fees will not be finalized or take effect for at least several months. BAL will provide updates as information becomes available.
U.S. Citizenship and Immigration Services has begun allowing prospective H-1B petitioners to create new and access previously existing myUSCIS registrant accounts ahead of the upcoming H-1B registration period.
Additional Information: USCIS will host a webinar on H-1B registration Thursday, Feb. 23, from 2-3 p.m. ET. More information is available here. BAL clients may access more information on the USCIS Registration process on BAL’s Advisor immigration knowledge portal.
U.S. Citizenship and Immigration Services recently provided guidance to clarify the validity period of employment authorization under Special Student Relief.
Additional Information: Countries and regions with current SSR provisions include: Afghanistan, Cameroon, Ethiopia, Haiti, Hong Kong, Myanmar (Burma), Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela and Yemen.
BAL Analysis: USCIS provides SSR when circumstance such as financial crises, natural disasters and military conflicts occur. F-1 nonimmigrant students from eligible countries are reminded that they may qualify for off-campus work authorization in cases of severe economic hardship due to emergent circumstances.
This alert has been provided by BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
The U.S. Court of Appeals for the Ninth Circuit this month agreed to rehear a case that implicates Temporary Protected Status designations of six countries.
Additional Information: The decision to rehear the case has no immediate impact on TPS beneficiaries. In November 2022, the Department of Homeland Security announced the extension of TPS designations for the six countries through June 30, 2024.
A final rule that would adjust U.S. State Department consular fees has cleared White House review.
Additional Information: The State Department says the increases will help ensure that “fees for providing these consular services better align with the costs of providing the services.” The consular fee increases are expected to be less dramatic than the proposed U.S. Citizenship and Immigration Services fee hikes. BAL will continue following the rule through the regulatory process and will provide updated information as it becomes available.