USCIS has proposed raising its filing fees – and the burden of those increased fees will fall primarily on employers large and small. For example, the filing fee for an H-1B visa would be raised by 70% from $460 to $780. The registration fee for Cap H-1Bs would increase from $10 to $215. On top
The Return of Stateside Visa Processing
For the first time in almost 20 years, the U.S. Department of State (DOS) may resume issuing nonimmigrant visas within the United States later this year. Reports indicate that a pilot program will allow stateside renewal of H-1B and L-1 visas.
The Department of Homeland Security has exclusive jurisdiction within the United States over the…
H-1B Cap Season for Fiscal Year 2024 Is Fast Approaching
The H-1B cap season for Fiscal Year 2024 is fast approaching. USCIS announced on January 27th that cap registration begins on March 1st. Employers should assess their hiring needs and determine if they will sponsor foreign workers for H-1B classification this year. Now is the time to begin preparing.
The H-1B visa…
USCIS Returns to Concurrent Processing of Nonimmigrant Primary and Dependent Applicants’ Forms
In a settlement agreement signed on January 19, 2023, USCIS agreed to “bundle” the adjudication of dependent applicants’ Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) with the primary applicant’s Form I-129 (Petition for Nonimmigrant Worker) if the forms are filed together as one package.
Stemming from a settlement…
USCIS Proposes Fee Increases
Hoping to recover some of its operating costs, reduce backlogs, and reestablish timely case processing, USCIS is proposing to adjust its fees for the first time since 2016.
The proposed rule is predicted to generate close to an additional $2 billion per year, on average, for USCIS by keeping humanitarian case fees low and adding…
Foreign Student-Athletes and Name, Image, Likeness
Prior to 2021, collegiate student-athletes were not able to make sponsorship deals and profit from their names, images, and likenesses (NILs). However, in 2021, that changed when the NCAA adopted a new policy allowing student-athletes (those headed for professional teams, as well as less prominent players) to profit from, and build their brands, while in…
End of Paper Form I-94, Arrival/Departure Record
U.S. Customs and Border Protection (CBP) will no longer issue a paper Form I-94, Arrival/Departure Record, to individuals arriving to the United States at a land border. Now, the information that was on the I-94 is on the CBP’s I-94 website and available on the CBP One Mobile application.
It has taken some time…
Immigration Delays and How Manufacturers Can Manage Them
For employers that hire foreign nationals, whether as local hires already in the country or as transferees from foreign affiliates, immigration processing delays have been exacerbated during the COVID-19 pandemic. Companies in the manufacturing sector have had to deal with unexpected unpredictability in project planning, as well as increased costs. Please see our full publication…
FY 2023 H-1B Update: USCIS Sending Not-Selected Notices
By Amy L. Peck & Michael H. Neifach on
For H-1B visas, employers have been hoping there will be another round of selections for FY 2023, but that is not on the horizon.
USCIS has been sending non-selection notices to registrants’ online accounts. USCIS can only send non-selection notices once it has determined that enough petitions for the regular cap and the advanced degree…
Jumpstart Bill Proposed for Green Cards
By Jose M. Luna on
The Jumpstart Our Legal Immigration System Act (Jumpstart), introduced by Zoe Lofgren (D-Calf.) in the House of Representatives, if passed, could revolutionize the green card process. The legislation would recapture thousands of unused family- and employment-based visas and allow beneficiaries to expedite their processes by paying additional fees.
The Jumpstart Act would help to…