US Department of Homeland Security Published Federal Register Notice Reiterating Extensions of Temporary Protected Status (TPS) Re-Registration Periods for Several Countries

• On December 13, 2023, the US Department of Homeland Security (DHS) published a Federal Register notice reiterating extensions of the periods to re-register for Temporary Protected Status (TPS) under the existing designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.

• As USCIS previously announced in September 2023, the re-registration period for each country is changing from 60 days to the full length of each country’s current TPS designation extension. The re-registration extensions are solely for TPS beneficiaries who properly filed for TPS during a previous registration period.

• The 18-month re-registration periods for these current TPS beneficiaries, which are currently open, are extended to the following dates:

  • El Salvador, through March 9, 2025

  • Haiti, through August 3, 2024

  • Honduras, through July 5, 2025

  • Nepal, through June 24, 2025

  • Nicaragua, through July 5, 2025

  • Sudan, through April 19, 2025

Green Card Holder Denied Citizenship for Working in Cannabis Industry

As reported in Politico on December 23, 2023, due to a conflict between federal immigration laws and an increasing number of state laws legalizing cannabis, individuals working in the cannabis industry in states where cannabis is legal can be denied US citizenship. This is what happened to Ms. Maria Reimers when she and her US citizen husband opened a small retail shop in Washington state, where cannabis is legal. The shop sells state-regulated cannabis. After obtaining her green card through marriage, Ms. Reimers applied for US citizenship, but was denied for a lack of good moral character due to her employment history and participation in what USCIS considered “illicit drug trafficking.” This disconnect between federal immigration policy and state laws can cause a great deal of confusion and has been creating serious immigration problems for individuals involved in the cannabis industry.

US State Department Begins Limited Pilot Program for Stateside H-1B Visa Renewal

• On December 21, 2023, the US State Department published an announcement regarding the details for the limited pilot program allowing for the stateside renewal of H-1B visas.

• The pilot program will be limited to H-1B principal applicants (not including dependents) who are renewing a prior H-1B visa issued by the State Department’s US Consulates in Canada (“Mission Canada”) with an issuance date between 1/1/20 and 4/1/23, or by the State Department’s US Consulates in India (“Mission India”) with an issuance date between 2/1/21 and 9/30/21. Only 20,000 visa holders will be eligible for the pilot program/

• The pilot program will begin accepting online applications on 1/29/24 and it will be open through 4/1/24, and will hopefully be expanded in the future

USCIS Increases Premium Processing Fees

• On December 28, 2023, the US Department of Homeland Security (DHS) published a final rule related to an increase in the cost of premium processing services for various applications filed with US Citizenship and Immigration Services (USCIS).

• The fee change will go into effect on February 26, 2024. If USCIS receives a Form I-907 postmarked on or after Feb. 26, 2024 with the incorrect filing fee, they will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.

• DHS will use the revenue generated by the premium processing fee increase to provide premium processing services; make improvements to adjudications processes; respond to adjudication demands, including reducing benefit request processing backlogs; and otherwise fund USCIS adjudication and naturalization services.

Links:

• DHS Final Rule: https://www.federalregister.gov/documents/2023/12/28/2023-28529/adjustment-to-premium-processing-fees

• USCIS Announcement: https://www.uscis.gov/newsroom/alerts/uscis-announces-inflation-adjustment-to-premium-processing-fees

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.