Re-Parole Process for Certain Ukrainian Citizens and Their Immediate Family Members

On February 27, 2024, USCIS announced that it will accept and consider, on a case-by-case basis, applications for certain Ukrainians and their immediate family members paroled into the United States under section 212(d)(5)(A) of the Immigration and Nationality Act. Ukrainian citizens and their immediate family members may apply for re-parole by submitting Form I-131, Application for Travel Document, along with supporting documentation and the proper filing fee or fee waiver request. You can submit Form I-131 online or on paper by mail.  

To be eligible for re-parole under this process, applicants must demonstrate the following: 

• They are a Ukrainian citizen or immediate family member who was paroled into the United States on or after February 11, 2022;

• That there are continued urgent humanitarian reasons or significant public benefit for a new period of parole, including the urgent humanitarian reasons or significant public benefit factors identified above, as well as any additional factors;

• That they warrant a favorable exercise of discretion;

• That they are physically present in the United States;

• That they have complied with the conditions of the initial parole; and

• That they clear biographic and biometric background checks.

Applicants may find their date of initial parole on their I-94 Arrival/Departure record, accessible online here. Applicants may find more information about applying online via their USCIS accounts here.

Deferred Enforced Departure for Certain Palestinians

On February 14, 2024, President Biden issued a Memorandum to the Secretary of Homeland Security authorizing Deferred Enforced Departure (DED) and employment authorization for 18 months for eligible Palestinians. USCIS will issue a Federal Register notice as soon as possible to provide additional information about implementation of the president’s memorandum. The notice will provide information about DED for eligible individuals and provide information on how eligible individuals may apply for DED-based Employment Authorization Documents with USCIS. Individuals need not take any action at this time.

Shifting Immigration Demographics in the Greater Boston Area

On February 14, 2024, the Commonwealth Beacon released an article outlining the change in demographics in immigration to the Greater Boston area over the last 30 years as reported by Boston Indicators, the research department of the Boston Foundation. According to the report described, in 1990 the top ten countries of origin for immigrants in the area were primarily European countries with Canada representing the largest number. In 2021, there were no European countries in the top ten countries of origin, and China represented the largest number.

The Boston Indicator report also found that immigrants made up 21 percent of Massachusetts’ population, and nearly a quarter of the total labor force in the state.  Further, “… immigrants contribute about 21 percent of the regional GDP and they pay $17 billion in local, state, and federal taxes.” The report also found that the majority of immigrants were in higher-paying positions such as scientists or software developers, and specified that “The report defined a low-wage worker as earning less than $49,000 a year; only 39 percent of the total immigrant population fell into that category.”  

The report also found that an increasing number of these immigrants are moving away from the city to areas like Revere, Marlborough, East Bridgewater, and Brockton, reflecting the impact of increased housing costs in the Boston area. 

H-1B lottery registration between March 6 and March 22

The H-1B Lottery for FY2025 will be open to registrations between 12 PM EST on March 6 and run through 12 PM EST on March 22.  Prospective petitioners seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption (requiring a U.S. Master’s degree), must first electronically register and pay the associated $10 H-1B registration fee for each prospective beneficiary.

In order to submit an H-1B registration, sponsoring employers and representatives must first create a USCIS online account.  On February 28, 2024, USCIS launched a new platform for myUSCIS organizational accounts that will allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907, Request for Premium Processing Service.

Prospective petitioners submitting their own registrations (U.S. employers and U.S. agents, collectively known as “registrants”) will use an “organizational” account (formerly known as a “registrant” account). Registrants were able to create new organizational accounts on starting February 28, 2024. Those who have an existing registrant account can easily upgrade to an organizational account instead of creating a new account. Legal representatives with existing accounts now also have the ability to upgrade to an organizational account.

Lottery selections are not first-come-first-served.  They take place at random after the registration period closes on March 22, so there is no requirement to register on the day the registration period opens.

If you have questions about the H-1B registration process or would like assistance, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).

USCIS – Premium Processing Filing Fee Increased on February 26 & Overall Fee Increases as of April 1

In December 2023, USCIS announced a final rule that went into effect on February 26, 2024, increasing the filing fee for Form I-907, Request for Premium Processing, to adjust for inflation. 

The USCIS Stabilization Act established the Department of Homeland Security’s (DHS) authority to adjust the premium fees on a biennial basis. After leaving these fees unchanged for the three years following passage of the Act, DHS is now increasing the premium processing fees USCIS charges for all eligible forms and categories to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers. The adjustment increases premium processing fees for certain processes from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805.  USCIS has issued an alert regarding the specific categories subject to these increases here.

The fee change went into effect on February 26, 2024. If USCIS receives a Form I-907 postmarked on or after February 26, 2024 with the incorrect filing fee, it 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.

In addition to the February 26th increase to Premium Processing fees, a wider fee increase will go into effect on April 1, 2024. The aim of this fee increase is to adjust for inflation and lower the agency’s required annual cost recovery by $727 million, in part by considering the budget effects of improved efficiency measures. 

I-129 and I-140 petitions will require a new Asylum Program Fee to help fund the asylum adjudication process. The American Immigration Lawyers Association (AILA) issued a Practice Pointer (AILA Doc. No. 2402147) regarding these fee increases on February 14, 2024.  The Practice Pointer notes the tiered fee structure for I-140 and I-129 petitions as follows:

• Small businesses with 25 or less full-time equivalent (FTE) employees will continue to pay the current $460 filing fee and half of the Asylum Program fee.

• Nonprofit organizations will continue to pay the current $460 filing fee and are not subject to the Asylum Program Fee.

• Under the Final Rule, forms filed online may be eligible for a discount of $50. This should include the Form I-129 for FY2025 H-1B petitions, as USCIS recently announced that the Form I-129 for H-1B petitions will be available for online filing this cap season.

AILA’s practice pointer further notes the change in fee structure for I-485 applications as follows:

“Previously, the fee for the Form I-1485 included the cost of ancillary benefit applications for employment authorization (Form I-765) and advance parole (Form I-131), but these fees are now being charged separately because USCIS stated that not all applicants need or want these ancillary benefits. The Final Rule also reduces the that the cost of a Form I-765 filed concurrently with or based on a pending adjustment of status by 50 percent. Finally, the Final Rule provides a reduced fee for certain forms that are filed online, including the Form I-765. However, the online filing reduced fee is not applicable to the reduced fee form I-765.

…if an applicant who is over 14 years of age files an adjustment of status application on or after April 1, 2024 and also applies for work authorization and advanced parole the new total cost will be $2,330 an increase from $1,225.”

In addition to fee increases, this rule also includes expanded fee exemptions for Special Immigrant Juveniles and victims of human trafficking, crime, and domestic violence; U.S. military service members and designated Afghan allies; and families pursuing international adoption.  It provides discounts for nonprofit organizations and small business employers. For applicants for Adjustment of Status, it allows for half-price Employment Authorization Document applications and a reduced fee for adjustment of status applicants under the age of 14 in certain situations.  The final rule also 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.  In an effort to expand online filing capabilities, the rule also includes a standard $50 discount for online filers.

The full final rule including charts of all fee increases can be found here. 

February 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 remained the same at July 1, 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). 

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.