Canada to Decrease Number of New Student Visas in 2024

The Government of Canada announced on January 22, 2024 that it will set an intake cap on international student permit applications to stabilize new growth for a period of two years. For 2024, the cap is expected to result in approximately 360,000 approved study permits, a decrease of 35% from 2023.  

The Minister of Immigration, Refugees and Citizenship stated: 

"The integrity of the international student system has been threatened. Some institutions have significantly increased their intakes to drive revenues, and more students have been arriving in Canada without the proper supports they need to succeed. Rapid increases in the number of international students arriving in Canada also puts pressure on housing, health care and other services. As we work to better protect international students from bad actors and support sustainable population growth in Canada, the government is moving forward with measures to stabilize the number of international students in Canada." 

Students pursuing graduate degrees, and elementary and secondary education are not included in the cap. Current foreign students in Canada will also not be affected.

USCIS Policy Manual Recognizes Dual Intent for Foreign Students

U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance in the USCIS Policy Manual pertaining to nonimmigrant students in F and M status. An F-1 visa allows a nonimmigrant student to enter the U.S. to student at a college or university, while nonimmigrants in M status pursue training at a vocational school or other nonacademic institution. Pursuant to INA 101(a)(15)(F) and INA 101(a)(15)(M), foreign students in F and M status must “intend to depart from the United States after their temporary period of stay … and have a foreign residence that they have no intention of abandoning”. 

The USCIS Policy Manual acknowledges that “The foreign residence requirement should be adjudicated differently for students than for other nonimmigrants. Typically, students lack the strong economic and social ties of more established applicants, and they plan longer stays in the United States. […] Considerations should include the student’s present intent, not what they might do after a lengthy stay in the United States”. Newly added language in the Policy Manual also makes clear that a foreign student who is the beneficiary of a labor certification or I-140 petition filed by a prospective employer can still demonstrate the requisite intent to depart the United States, stating: “A student may be the beneficiary of an approved or pending permanent labor certification application or immigrant petition and still be able to demonstrate their intention to depart after a temporary period of stay. USCIS officers generally view the fact that a student is the beneficiary of an approved or pending permanent labor certification or an immigrant visa petition as not necessarily impacting their eligibility for the classification, so long as the student intends to depart at the end of their temporary period of stay.” A further addition to the Policy Manual broadens the requirement that foreign students must maintain a residence abroad: 

“If a student had a foreign residence immediately prior to traveling to the United States, even if such residence was with parents or guardians, they may be considered to be maintaining a residence abroad if they have the present intent to depart the United States at the conclusion of their studies. The fact that this intention may change is not a sufficient reason to deny them F classification. In addition, the present intent to depart does not imply the need to return to the country from which they hold a passport. It means only that they must intend to leave the United States upon completion of their studies. Given that most students are young, they are not expected to have a long-range plan and may not be able to fully explain their plans at the conclusion of their studies.” 

DHS Notice of Special Student Relief for Syrian Nationals

On January 29, 2024, the U.S. Department of Homeland Security (DHS) posted a notice in the Federal Register that provides Special Student Relief (SSR) employment benefits for F-1 nonimmigrant students from Syria who are experiencing severe economic hardship as a result of the current armed conflict and current humanitarian crisis in Syria. This notice extends relief from April 1, 2024, through Sept. 30, 2025, for eligible Syrian students. 

SSR is the suspension of certain regulatory requirements by the secretary of the U.S. Department of Homeland Security (DHS) for an F‑1 student from parts of the world that are experiencing emergent circumstances. Regulatory requirements that may be suspended or altered for an F-1 student include duration of status, full course of study and off-campus employment eligibility. 

SSR applies when emergent circumstances occur. Emergent circumstances are world events that affect F-1 students from a particular region and create significant financial hardships, such as but not limited to: 

• Natural disasters. 

• Wars and military conflicts. 

• National or international financial crises. 

To find a list of active SSR notices, visit the What’s New page on ICE.gov/SEVP. 

USCIS Issues Updated Ability to Pay Guidance for Employers

U.S. Citizenship and Immigration Services today issued policy guidance on how it analyzes an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications, including instances when the sponsored worker is changing employers.  

Generally, employers seeking to classify prospective or current employees under the first-, second-, and third-preference employment-based immigrant visa classifications that require a job offer must demonstrate their continuing ability to pay the proffered wage to the beneficiary as of the priority date of the immigrant petition until the beneficiary obtains lawful permanent residence. 

The updated guidance explains that when the beneficiary of a Form I-140, Immigrant Petition for Alien Workers, moves (or “ports”) to a new employer under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) while the Form I-140 is pending, USCIS determines whether the petitioner meets the ability to pay requirements only by reviewing the facts in existence from the priority date until the filing of the Form I-140. USCIS is also making other minor technical revisions to improve clarity and readability, and otherwise streamline existing guidance. 

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.