H-1B Planning Season Is Upon Us

• H-1B sponsorship is offered by US employers for Foreign Nationals working for those employers in Specialty Occupations which require at least a bachelor’s degree (or the equivalent in education and/or experience).  Approved H-1B employees can work for the sponsoring employer for 3 years in the first instance.

• USCIS has not yet announced any changes to the e-registration tool or cost this upcoming H-1B cap season. As such, employers seeking to file H-1B cap-subject petitions for the new fiscal year cap, including those eligible for the advanced degree exemption, must first electronically register.

• USCIS will open an initial registration period in March. The H-1B random lottery process, if needed, will then be run on those electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions. Given this advanced timeline for e-registration, it is now the best time for employers to decide whether they will file H-1B petitions. 

• Please feel free to contact the attorneys of Iandoli, Desai & Cronin now with your questions about potential H-1B sponsorship.

Firm News

Attorney Prasant D. Desai presented at the 2023 Physician Immigration Law Institute in D.C. on “Thorny Issues Faced by International Medical Graduate Physician Couples-- exploring legal issues and practical considerations when advising physician couples about immigration visa options.”  Mr. Desai represents medical schools, hospitals, physician practices and physicians with immigration issues.

Attorney Mary E. Walsh presented on a panel to the American Immigration Lawyers Association’s New England Chapter about the effects of layoffs on Foreign National workers and their U.S. employers.  They discussed the effects of layoffs in both temporary & permanent work visa categories, eligibility for grace periods and explored remedial options for those workers and their employers as well.

December Visa Bulletin

Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.

In December, the EB-1 preference category on the Final Action Chart remains current for all countries other than China and India. The EB-1 priority dates for China and India have not advanced since the October Visa Bulletin was released.

U.S. Citizenship and Immigration Services (USCIS) determined that Chart B (Dates for Filing Employment-Based Visa Applications) could be used in December. Both the EB-2 and EB-3 preference categories remain backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority dates become “current.”

The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.

If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).

Special Passport Acceptance Fairs held at select locations

The U.S. Department of State has provided information about special passport acceptance fairs being held at specific locations. Passport acceptance facilities such as post offices, libraries, and local government offices are hosting special passport acceptance fairs across the United States to help you and your family apply for your passport. Most events are for first-time customers and children using Form DS-11 to apply. Applicants who want to renew their passport are encouraged to renew by mail. 

Some passport acceptance facilities are always open on the weekends. Applicants can locate a facility nearby by using the State Department’s Acceptance Facility Search Tool.

Passport acceptance facilities only offer routine and expedited service. To apply for a passport for urgent travel, applicants are encouraged to make an appointment at a passport agency or center.

USCIS Proposed Rule to Amend H-1B Regulations

On October 23, 2023, U.S. Citizenship and Immigration Services issued a Notice of Proposed Rulemaking to amend the H-1B regulations. The proposed rule would implement changes to the H-1B visa program, including how USCIS conducts the H-1B registration selection process, criteria for a specialty occupation position, and cap-exempt employers. Public comments are due by December 22, 2023. Iandoli, Desai & Cronin will provide additional information after the updated regulations have been finalized.  

H-B Lottery Season

As 2023 comes to an end, we would like to issue a reminder regarding the H-1B lottery, which will take place in March of 2024.  Employers seeking to file a cap-subject H-1B for an employee, including those eligible for the advanced degree exemption, must first electronically register. USCIS will announce the lottery registration dates in early 2024. The H-1B random lottery process will then be run on those electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions.

H-1B sponsorship is offered by U. S. employers for Foreign Nationals working for those employers in Specialty Occupations which require at least a bachelor’s degree (or the equivalent in education and/or experience).  Approved H-1B employees can work for the sponsoring employer for 3 years in the first instance.

Please feel free to contact the attorneys of Iandoli, Desai & Cronin now with your questions about potential H-1B sponsorship.  

NAFSA report- How do International Students Benefit your State and District?

The NAFSA Association of International Educators has released its analysis of international student data for the 2022-2023 academic year and report the following:

• International students and their families contributed $40.1 billion to the U.S. economy. This represents a $6.26 billion (or 18.8 percent) increase in dollars contributed during the prior academic year. This also marks the second consecutive year of recorded growth since the negative impacts of the COVID-19 pandemic began in March 2020.

• An estimated 368,333 jobs were created or supported during this same timeframe, meaning for every three international students, one U.S. job was created or supported* in the following sectors: higher education, accommodation, dining, retail, transportation, telecommunications, and health insurance. This represents a 9.8 percent increase in jobs supported in the economy from the prior academic year.

• For international students attending community colleges, NAFSA estimates a contribution of $1.5 billion and support of more than 6,600 jobs in the U.S. economy during the 2022-2023 academic year. These economic benefits represent a 16.5 percent increase in dollars contributed, and an 8.6 percent increase in jobs supported when compared to the previous year. This marks the first measure of growth following four consecutive years of declining economic contribution from the community college sector.

Two Mass Congressional Districts (Rep. Ayanna Pressley (MA-07) Rep. Katherine Clark (MA-05)) are in the Top 10 nationally in benefiting from International Student contributions to the local economy.  For district-specific information of the positive economic impact of international students, please see NAFSA’s data analysis here. 

Where to Locate and File Change of Address Form AR-11 Online Without a myUSCIS Account

USCIS has continued to make changes to online services in order to accept more online filings, and these changes include how to file an online Change of Address without a myUSCIS account.  The online Change of Address link is now located under the “Related Resources” tab on the How to Change Your Address webpage.   This form can also be accessed from USCIS’s homepage under the Forms Tab- All Forms link. 

The American Immigration Lawyers Association (AILA) is continuing to evaluate and monitor these changes, and currently reports that the best way to locate the Online AR-11 is under the Forms tab on the USCIS website, or by searching under the “Related Resources” on the How to Change Your Address page,  AILA is also currently testing the new Enterprose Change of Address function, and encourages members to report issues and submit examples with this feature through AILA’s Call for Examples: Experiences with the New USCIS Online Tools.

USCIS Establishes Family Reunification Parole Process for Ecuador

On November 15, 2023, USCIS announced the implementation of a Federal Register notice for a new family reunification parole (FRP) process for Ecuador. The new FRP process is by invitation only for certain nationals of Ecuador and allows an eligible beneficiary to be considered for parole into the United States on a case-by-case basis while they wait for their family-based immigrant visa to become available. This process is intended to reunite families more quickly and provide an alternative to dangerous irregular migration.

Certain nationals of Ecuador who are beneficiaries of an approved Form I-130, Petition for Alien Relative, may be eligible to be considered for parole under the new FRP processes. Qualifying beneficiaries must be outside the United States, must meet all requirements, including screening and vetting and medical requirements, and must not have already received an immigrant visa.

The process begins when the Department of State issues an invitation to initiate the process to certain U.S. citizen or lawful permanent resident petitioners whose Form I-130 filed on behalf of an Ecuadorian principal beneficiary has been approved. Beneficiaries waiting for an immigrant visa can include certain children and siblings of U.S. citizens and certain spouses and children of permanent residents. The invited U.S. citizen or lawful permanent resident petitioner can then file a request to be a supporter of the beneficiary and eligible family members, who may then be considered for advance travel authorization and parole.

USCIS began using the online Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on Nov. 17, 2023.

Parole under this process will be authorized only on a case-by-case and temporary basis after determining that there are urgent humanitarian or significant public benefit reasons for authorizing parole and that the beneficiary warrants a favorable exercise of discretion. Noncitizens paroled into the United States under this process will generally be considered for parole for up to three years and can request employment authorization while they wait for their immigrant visa to become available. When their immigrant visa becomes available, they can then submit an application for permanent residency.

USCIS Expands myProgress to Form I-485 and Form I-821

On November 21, 2023, USCIS announced an expansion of the myProgress feature (formerly known as personalized processing times) to Form I-821, Application for Temporary Protected Status, and Form I-485, Application to Register Permanent Residence or Adjust Status. This feature will initially only be available for family-based or Afghan special immigrant I-485 applicants.

myProgress provides applicants with access to personalized estimates of their wait time for major milestones and actions on their case via their USCIS online accounts, including their final case decision. While estimates are based on case type and historical patterns, they are not a guarantee of timing, and do not take into consideration all possible unique application processing factors.

myProgress was implemented to improve customer experience by proactively addressing applicant concerns as to the status of their benefit requests while waiting for a decision. This effort is part of USCIS’ Strategic Plan to enhance the experience of the applicants and increase transparency in the adjudication process.

In addition to Form I-485 and Form I-821, myProgress is available for applicants with a USCIS online account who file the following:

• Form I-765, Application for Employment Authorization; 

• Form I-131, Application for Travel Document; 

• Form N-400, Application for Naturalization; 

• Form I-90, Application to Replace Permanent Resident Card; or 

• Form I-130, Petition for Alien Relative.

To view myProgress, applicants must first create a USCIS online account or log into their online account and select their pending application. If they filed online or linked one of the applicable forms to their online account using an online access code, they will see a myProgress tab for their application. The myProgress tab displays the estimated wait time until their case has a decision, along with a checkmark beside milestones as they are completed, including:

• Confirmation that the application was received;

• Movement of the application through preprocessing and adjudicative steps; and

• Case decision.

Applicants will still need to visit the public Check Case Processing Times webpage to determine if they are eligible to file an Outside of Normal Processing Times service request.