Securities:
USCIS to launch organizational accounts, enabling ‘online collaboration’ and submission of H-1B registrations – U.S. Citizenship and Immigration Services plans to launch organizational accounts for uncapped filings and for the FY 2025 H-1B cap season.
Cap Reached for Additional H-2B Visas for Returning Workers for First Half of Fiscal Year 2024 – U.S. Citizenship and Immigration Services has received enough petitions to reach the cap on 20,716 additional H-2B visas made available to returning workers for the first half of fiscal year 2024 with start dates at later than March 31, 2024.
February Visa Bulletin Notes Expiration of EB-4 Religious Worker Category – The Department of State’s February 2024 Visa Bulletin notes that absent legislative action, the Special Non-Departmental Immigrant Program will expire on February 2, 2024.
USCIS Data Shows Increase in O-1A and NIW EB-2 Approvals for STEM Activities – According to a recently released report, data from U.S. Citizenship and Immigration Services shows a sizable overall increase in O-1A petition approvals for individuals engaged in science, technology, engineering, and mathematics (STEM) activities and in National Interest Waiver Petition EB-2. endorsements for people engaged in STEM activities.
CBP Updates Website, Provides Reliable Processing Times for Travelers – In an effort to reduce unplanned visits to Trusted Traveler Program enrollment centers, U.S. Customs and Border Protection has expanded TTP-related topics on its public web portal.
DOL Increases Civil Monetary Penalties for Certain Immigration-Related Employer Violations – Effective January 15, 2024, as part of annual inflation adjustments, the Department of Labor (DOL) is increasing the D-1, H-1B, H-2A, and H-2B civil monetary penalties it assesses or applies in cases of violations by employers.
Details:
USCIS to launch organizational accounts, enabling ‘online collaboration’ and submission of H-1B registrations
The United States Citizenship and Immigration Services (USCIS) plans to launch organizational accounts for uncapped filings and for the fiscal year (FY) 2025 H-1B cap season. The organizational accounts will “enable multiple individuals within an organization, such as a corporation or other business entity, and their legal representatives to collaborate and prepare H-1B registrations, Form I-129, Petition for Nonimmigrant Workerand associate Form I-907, Request for Premium Processing Service“, USCIS said. The agency also plans to introduce online filing of I-129 H-1B petitions and premium H-1B I-907 processing service.
USCIS plans to launch organizational accounts in February 2024, followed by online filing of Forms I-129 and I-907 shortly thereafter. USCIS will transfer the paper filing location for Forms I-129 and I-907 from the service centers to the USCIS vault.
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Cap Reached for Additional H-2B Visas for Returning Workers for First Half of Fiscal Year 2024
On January 12, 2023, the United States Citizenship and Immigration Services (USCIS) announced that it had received enough petitions to reach the cap of 20,716 additional H-2B visas made available to returning workers for the first half of fiscal year 2024, with start dates on or before March 31, 2024, depending on
H-2B Supplemental Cap Temporary Final Rule. USCIS declared January 9, 2024, as the final receipt date for petitions requesting additional H-2B visas under the First Half of Fiscal Year 2024 Returning Worker Allocation.
USCIS said it is still accepting applications from H-2B nonimmigrant workers with a start date on or before March 31, 2024, for the additional 20,000 visas granted to nationals of El Salvador, Guatemala, Honduras , Haiti, Colombia, Ecuador and Costa Rica (country specific allocation), as well as those who are exempt from the cap imposed by Congress.
USCIS encouraged applicants whose start date is on or before March 31, 2024, and whose workers have not been accepted for the 20,716 Returning Worker Allocation, to file their application under country-specific allocation while visas remain available. As of January 12, 2024, USCIS said it had received petitions requesting 4,500 workers under the 20,000 visas reserved for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador and from Costa Rica.
Details:
- USCIS alert (January 12, 2024).
February Visa Bulletin Notes Expiration of EB-4 Religious Worker Category
The Department of State’s February 2024 Visa Bulletin notes that in the absence of legislative action, the Special Non-Departmental Immigration Program expires on February 2, 2024: “No SR visas may be issued overseas, nor any final action taken regarding adjustment of status cases, after midnight. February 1, 2024. Visas issued before this date will be valid only until February 1, 2024, and all persons seeking admission under the special non-ministerial immigrant category must be admitted (re-admitted) to the United States at later at midnight in February. January 1, 2024.”
The bulletin notes that if there is no legislation extending the category beyond February 2, 2023, “the category will immediately become ‘unavailable’ effective February 2, 2023. In the event of legislation extending the category beyond- Beyond February 2, the published dates will continue to be in effect for the remainder of February.
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USCIS Data Shows Increase in O-1A and NIW EB-2 Approvals for STEM Activities
According to a recently released report, data from the United States Citizenship and Immigration Services (USCIS) shows a significant overall increase in O-1A petition approvals for individuals engaged in scientific, technological, engineering and Mathematics (STEM) and National Interest Waiver (NIW). ) EB-2 petition approvals for individuals engaged in STEM activities, compared to FY 2021, before USCIS issues new policy guidance in January 2022. USCIS noted:
- From FY 2021 to FY 2022, total receipts for Form I-140, Immigration Application for Foreign Workers, with and without waivers (combined) increased 20%, from 70,600 to 84,470 .Revenues continued to increase by an additional 10% between FY 2022 and FY 2023. Approvals increased 60%, from 57,810 in FY 2021 to 92,280 in FY 2023. fiscal year 2022, but decreased approximately 12% from 92,280 in fiscal year 2022 to 81,380 in fiscal year 2023. The approval rate remained at 90% or higher throughout the FY 2018 to FY 2023. Total EB-2 receipts in STEM job categories decreased by nearly 13%, from 61,790 in FY 2022 to 53,960 in FY 2023. 2023. Revenue in non-STEM job categories increased by 28%. during this time.
- A growing number of EB-2 petitioners are requesting NIWs, USCIS said. The number of petitions containing NIW requests nearly doubled from 21,990 in FY 2022 to 39,810 in FY 2023; the number of petitions without NIW requests decreased from 62,490 to 53,200.
- From FY 2021 to FY 2022, total Form I-129 receipts for O-1A petitioners increased 29%, from 7,710 to 9,970. They continued to increase slightly, from 9 970 in FY 2022 to 10,010 in FY 2023 (see Figure 4). Approvals followed a similar trend by increasing 25% between FY 2021 and FY 2022, from 7,320 to 9,120. They continued to increase slightly, from 9,120 in FY 2022 to 9,490 in fiscal year 2023. The approval rate remained steady at 90% or higher throughout fiscal year 2018-2023.
- From FY 2021 to FY 2022, the total number of STEM-related O-1A Form I-129 petition approvals increased 29%, from 3,550 to 4,570. From FY 2022 to FY 2022 In FY 2023, approvals remained almost the same, dropping from 4,570 to 4,560. Non-STEM petition approvals followed a similar trend, increasing 21%, from 3,410 in FY 2021 to 4,140 in FY 2022. Approvals increased slightly from 4,140 in FY 2022 to 4,380 in FY 2023.
The January 2022 policy guidance clarified how certain professionals in STEM fields can demonstrate eligibility for (a) NIW as an employment-based immigrant (EB-2), as well as the importance of entity letters governmental and quasi-governmental, and (b) nonimmigrant status for persons of extraordinary ability (O-1A).
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CBP Updates Website, Provides Reliable Processing Times for Travelers
In an effort to reduce unplanned visits to Trusted Traveler Program (TTP) enrollment centers, U.S. Customs and Border Protection (CBP) has expanded TTP-related topics on its website audience. portal to include the ability to select the “update documents in my account” option.
CBP also noted that processing times vary among applicants, but on average applicants can expect these times. time limit:
- Global entry: 4 to 6 months
- NEXUS: 12-14 months
- SENTRI: 10-12 months
- FAST: 1 to 2 weeks
CBP said applicants should check the Trusted Traveler program website periodically for updates or the status of their applications. Additionally, CBP noted that those who submit renewal requests before their membership expires may continue to receive benefits after their membership expiration date.
DOL Increases Civil Monetary Penalties for Certain Immigration-Related Employer Violations
Beginning January 15, 2024, as part of annual inflation adjustments, the Department of Labor (DOL) is increasing the D-1, H-1B, H-2A, and H-2B civil monetary penalties it assesses or applies in the event of violations by employers.
To calculate the 2024 annual adjustment, the DOL multiplied the most recent penalty amount for each applicable penalty by the multiplier, 1.03241, and rounded to the nearest dollar.
Details:
- DOL final rule, 89 Fed. Reg. 1810 (January 11, 2024).