USCIS to Launch Organizational Accounts for H-1B Registrations and Online Filing of Form I-129 Petitions

U.S. Citizenship and Immigration Services announced the launch of new organizational accounts for non-cap filings and the fiscal year (FY) 2025 H-1B cap season. The introduction of organizational accounts will allow multiple individuals within an organization, such as a company or other business entity, and their legal representatives to collaborate on and prepare H-1B registrations, Form I-129, Petition for a Nonimmigrant Worker, and associated Form I-907, Request for Premium Processing Service. 

USCIS expects to launch the organizational accounts in February 2024, with online filing of Forms I-129 and I-907 following shortly thereafter. In addition to streamlining the Form I-129 H-1B petition process, these changes should help reduce duplicate H-1B registrations and other common errors.   

If you are a current client of Iandoli, Desai & Cronin, your attorney team will contact you with information on setting up an organizational account in your myUSCIS account. 

Stateside Visa Renewal Pilot Program Begins on January 29, 2024

The Department of State has announced a pilot program to resume domestic visa renewals for qualified H-1B nonimmigrant visa applicants who meet certain requirements. The pilot program will accept applications from January 29, 2024, through April 1, 2024, or when all application slots are filled, whichever comes first.  The initial pilot is limited to renewal of visas issued in India and Canada. There are a maximum of 20,000 application slots during this limited pilot program:  Approximately 2,000 per week will be available for applicants whose most recent H-1B visa was issued by U.S. Mission Canada with an issuance date of January 1, 2020 through April 1, 2023, and approximately 2,000 per week will be available for applicants whose most recent H-1B was issued by U.S. Mission India with an issuance date of February 1, 2021, through September 30, 2021.  

Application slots will be released on the following entry period dates: 

• January 29, 2024 

• February 5, 2024  

• February 12, 2024 

• February 19, 2024  

• February 26, 2024 

The Department of State has an eligibility tool and frequently asked questions on its website. 

Extension and Redesignation of Syria for Temporary Protected Status

The Department of Homeland Security announced the extension and redesignation of Syria for Temporary Protected Status (TPS) for 18 months, from April 1, 2024, to September 30, 2025, due to ongoing armed conflict and extraordinary and temporary conditions in Syria that prevent individuals from safely returning. The Federal Register provides information about how to register as a new or current beneficiary for TPS under Syria ’s extension and redesignation.  

Re-registration is limited to individuals who previously registered for and were granted TPS under Syria’s prior designation. Current Syrian TPS beneficiaries must re-register in a timely manner during the 60-day re-registration period from January 29, 2024, through March 29, 2024, to ensure they keep their TPS and employment authorization. DHS is also automatically extending Employment Authorization Documents (EAD) through March 31, 2025, which is the validity of certain EADs previously issued under Syria’s TPS designation. 

USCIS will continue to process pending applications filed under previous TPS designations for Syria. Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization, as of January 29, 2024, do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Syria, USCIS will grant the individual TPS through September 30, 2025, and issue an EAD valid through the same date. 

Under the redesignation of Syria, eligible individuals who do not have TPS may submit an initial Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from February 1, 2024, through Sept. 30, 2025. Applicants also may apply for TPS-related EADs and for travel authorization. Applicants can request an EAD by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, or separately later. The Federal Register notice explains eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew their EAD, and for new applicants to submit an initial application under the redesignation and apply for an EAD. 

USCIS Updates Guidance on Late-Filed Extensions of Stay and Change of Status Applications

U.S. Citizenship and Immigration Services today announced an update to its Policy Manual providing that USCIS, in its discretion, may excuse a nonimmigrant’s failure to timely file an extension of stay or change of status request if the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner. 

The update clarifies that extraordinary circumstances may include, but are not limited to, where the delay was due to a slowdown or stoppage of work involving a strike, lockout, or other labor dispute, or where the primary reason for the late filing is the inability to obtain a certified labor condition application or temporary labor certification due to a lapse in government funding supporting those certifications. 

Typically, USCIS does not grant an extension of stay or change of status for individuals who have not upheld their previously granted status or whose status expired prior to the application or petition filing date. If certain conditions are met, however, USCIS, in its discretion, may excuse the failure to file before the period of authorized stay expired. 

USCIS Announces New Immigration and Naturalization Fees

U.S. Citizenship and Immigration Services (USCIS) published a final rule to adjust certain immigration and naturalization benefit request fees for the first time since 2016. The final rule follows the January 2023 publication of a notice of proposed rulemaking. The review concluded that the current fee schedule falls short in recovering the full cost of agency operations, including the necessary expansion of humanitarian programs, federally mandated pay raises, additional staffing requirements, and other essential investments. 

Acknowledging this feedback from stakeholders, the final fee rule includes several important updates since the initial rulemaking. The final rule:  

• Expands fee exemptions for Special Immigrant Juveniles and victims of human trafficking, crime, and domestic violence; U.S. military service members and our Afghan allies; and families pursuing international adoption; 

• Provides special fee discounts for nonprofit organizations and small business employers; 

• Allows for half-price Employment Authorization Document applications for applicants for adjustment of status and a reduced fee for adjustment of status applicants under the age of 14 in certain situations; 

• Expands eligibility for a 50% fee reduction for naturalization applications, available to individuals who can demonstrate household income between 150% and 400% of the Federal Poverty Guidelines; and 

• Implements a standard $50 discount for online filers. 

The new fees under the final rule will go into effect on April 1, 2024. USCIS encourages stakeholders to visit the Frequently Asked Questions page on its website to view a full list of the revised forms that will go into effect, along with the new fees. Please contact your attorney at Iandoli, Desai & Cronin if you have questions about the filing fees for your active case. 

USCIS Announces Final Rule to Modify the H-1B Registration Process

U.S. Citizenship and Immigration Services (USCIS) announced a final rule to minimize fraud in the H-1B registration process by creating a beneficiary-centric selection process. Under the beneficiary centric process, registrations will be selected by unique beneficiary rather than by registration. This new process is designed to reduce the potential for fraud and ensure each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf by an employer. Starting with the FY2025 initial registration period, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary. 

Additionally, the H-1B final rule codifies USCIS’ ability to deny or revoke H-1B petitions where the underlying registration contained a false attestation or was otherwise invalid. Also under the new rule, USCIS may deny or revoke the approval of an H-1B petition if it determines that the fee associated with the registration is declined, not reconciled, disputed, or otherwise invalid after submission. 

The registration fee during the registration period will remain $10 in FY2025, but will increase to the new fee of $215 in FY2026. 

Employers may contact the attorneys at Iandoli, Desai & Cronin at info@iandoli.com with inquiries on registering a foreign national in the FY2025 H-1B lottery. 

January 2024 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 January, 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 advanced to July 22, 2022 for China, and to September 1, 2020 for India.

U.S. Citizenship and Immigration Services (USCIS) determined that Chart B (Dates for Filing Employment-Based Visa Applications) could be used in January. 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.”

H.R. 6363, signed on November 16, 2023, extended the Employment Fourth Preference Certain Religious Workers (SR) category until February 2, 2024.  This means that visas in this category may be issued, and final action may be taken on adjustment of status cases up until midnight February 1, 2024. Visas issued prior to that date will be valid only until February 1, 2024, and all individuals seeking admission in the non-minister special immigrant category must be admitted into the United States no later than midnight February 1, 2024. 

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).

US State Department Releases Summary of 2023 Worldwide Visa Operations

• On January 2, 2024, the Department of State (DOS) released a summary of its FY 2023 worldwide visa operations. Some highlights from the summary are:

  • More nonimmigrant visas (NIVs) were issued worldwide in 2023 than in any year since 2015 (more than 10.4 million NIV issued worldwide);

  • DOS has continued to make use of the discretionary visa waiver tool and approximately 40% of the over 10.4 million NIVs issued did not require the applicant to attend an in-person interview, thus making interview slots available for first-time applicants and others who need them;

  • 563,000 immigrant visas were issued worldwide in FY 2023, and 30 of the State Department’s international missions issued their largest number of immigrant visas ever;

  • Consular sections worldwide have reduced the overall immigrant visa interview scheduling backlog by nearly half, from nearly 532,000 cases in the backlog as of July 2021, to just over 275,500.

  • The State Department issued 830,000 student and exchange visitor visas in FY 2023, more than in any year since FY 2016. 

US State Department Provides Update Regarding Improvements in US Passport Application Processing Times

As of December 18, 2023, the Department of State (DOS) passport processing times have reduced to what previously had been DOS’ normal turnaround time: about 6 to 8 weeks for routine service and 2 to 3 weeks for expedited service, which costs an additional $60.

US Department of State Determines Interview Waivers are in the National Interest for Several Visa Categories

• On December 21, 2023, the Department of State (DOS) announced that it had consulted with the Department Homeland Security and determined that several categories of interview waivers are in the national interest.

• The implementation of this policy began as of January 1, 2024, allowing consular officers to waive the in-person interview for:

  • First time H-2 visa applicants (temporary agricultural and nonagricultural workers) and

  • Other nonimmigrant visa applicants applying for any nonimmigrant visa classification who:

  • Were previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a B visa; and

  • Are applying within 48 months of their most recent nonimmigrant visa’s expiration date.

• However, consular officers may still require in-person interviews on a case-by-case basis or because of local conditions, and therefore DOS encourages applicants to check embassy and consulate websites.

• Additionally, DOS did not extend the waiver of interviews for F-1 (Student) and J-1 (Exchange Visitor) visa applicants. Therefore, the American Council on Education (ACE) and 25 other higher education associations wrote to the US Secretary of State urging the Secretary to extend and make permanent the waiver of in-person visa interviews for international students and scholars applying for F-1 and J-1 visas. The waiver available for F-1 and J-1 students was set to expire at the end of the 2023.