On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register to adjust immigration benefit request fees, effective April 1, 2024. The agency has stated that the “[t]he final rule will allow USCIS to recover a greater share of its operating costs and
Articles Discussing Employing Immigrants.
DHS Announces Special Immigration Protection for Workers Who Help in Labor and Employment Agency Investigations
The Department of Homeland Security (DHS) has recently announced a streamlined process for foreign workers to request deferred action. Deferred action is a type of prosecutorial discretion to defer removal action (deportation) for a noncitizen for a certain time period. The new process will apply where these workers are participating
USCIS Announces Increase of Filing Fees
On January 30, 2024, U.S. Citizenship and Immigration Services (USCIS) announced an increase to its filing fees across the board. The last such increase was in 2016. This change will be effective April 1, 2024. In some cases, increases are minor, but several are substantive.
USCIS Issues New ‘Ability to Pay’ Guidance to Clarify Employers’ Financial Obligations in Green Card Sponsorships
U.S. Citizenship and Immigration Services (USCIS has issued new guidance to define the extent of an employer’s financial obligation in employment-based green card applications where the sponsored employee has changed employers while the I-140 Immigrant Petition is still pending adjudication.
USCIS Updates Policy on Untimely Filed Extensions of Stay and Change of Status Applications
U.S. Citizenship and Immigration Services (USCIS) has updated its policy manual to clarify the circumstances under which the agency, in its discretion, may forgive a failure to timely file a nonimmigrant extension of stay or change of status request where the failure is the result of extraordinary circumstances beyond the
USCIS Updates Policy Guidance for International Students
The U.S. Citizenship and Immigration Services (USCIS) recently updated guidance in its policy manual regarding international students within F and M student classifications. This new guidance consolidates and provides greater clarity on existing policy for international students.
Immigration Issues Companies Reconsidering Bachelor’s Degree as Job Requirement Must Keep in Mind
The increasing need for talented workers in the United States has more and more employers considering eliminating bachelor’s degree requirements from job descriptions.
DOL Releases Annual Fine Increases for Immigration-Related Violations
The U.S. Department of Labor (DOL) published its new immigration-related fines/penalties, effective January 15, 2024. Immigration-related violations before the DOL involve these visas: H-1B, H-2A, and H-2B. These increases are pursuant to the Federal Civil Penalties Inflation Adjustment Act of 2015. Since that time, penalties have been adjusted yearly
USCIS Will Launch Organizational Accounts in February 2024
U.S. Citizenship and Immigration Services (USCIS) recently announced plans to introduce organizational accounts for H-1B fiscal year (FY) 2025 cap filings, H-1B non-cap filings, and associated premium processing requests on Form I-907. The launch of organizational accounts appears to be part of an ongoing initiative to increase efficiencies, improve customer
February 2024 Visa Bulletin: Advancement of Priority Dates for Employer-Based Petitions Remains Minimal
U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State have not indicated significant advancement in the priority dates for employer-based immigrant petitions, continuing the fiscal year (FY) 2024 trend of long wait times for immigrant visas.
USCIS Final Rule Increasing Filing Fees Expected Soon
USCIS previously deferred its proposed filing fee increase until early 2024 – and the increase might be coming out very soon! This increase will come on top of the increased premium processing fees that will go into effect on Feb. 26, 2024. The premium processing fee increase is approximately 12%.
H-2B Cap Reached for Additional Returning Workers for First Half of Fiscal Year 2024
U.S. Citizenship and Immigration Services (USCIS) recently announced that as of January 9, 2024, the additional returning H-2B worker allotment of 20,716 visas for the first half of fiscal year (FY) 2024 (October 1, 2023, to March 31, 2024) had been exhausted.
USCIS Clarifies Policy Guidance for International Students in F, M Status
The U.S. Citizenship and Immigration Services (USCIS) has changed its policy manual to make it easier to find and understand all the regulations regarding nonimmigrant students in F and M status. The new guidance consolidates the existing policies and clarifies issues of eligibility, school transfers, practical training and on-and off-campus
USCIS to Increase Filing Fees for Premium Processing, Effective February 26, 2024
On December 28, 2023, U.S. Citizenship and Immigration Services (USCIS) published a final rule increasing the filing fees to be paid for its premium processing services.
State Department Expands Consular Officer Authority to Waive Interview Requirements for Some Nonimmigrant Visa Applicants
The U.S. Department of State recently announced that effective January 1, 2024, consular officers have expanded discretionary authority to waive the in-person interview requirement for certain nonimmigrant visa applicants.