Immigration Update – April 8, 2024

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Securities

USCIS Finalizes Initial Registration of H-1B Cap for Fiscal Year 2025– U.S. Citizenship and Immigration Services has completed the selection process for FY 2025 H-1B cap registrations, including the master’s cap.

Higher immigration fees took effect April 1 – Despite ongoing litigation, higher immigration fees took effect April 1.

USCIS Announces Rule to Increase Automatic Work Permit Extension Period – U.S. Citizenship and Immigration Services announced a temporary final rule to increase the automatic extension period for certain work permit holders from 180 days to 540 days.

USCIS issues new guidance on validity of medical exams – Immigration medical examinations that have been performed and signed by a civil surgeon on or after November 1, 2023 are valid indefinitely. Exams completed before November 1, 2023 remain subject to the previous policy and two-year validity period.

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USCIS Finalizes Initial Registration of H-1B Cap for Fiscal Year 2025

The United States Citizenship and Immigration Services (USCIS) has completed the selection process for H-1B cap registrations for FY 2025, including the Master’s cap, and has notified selected petitioners to proceed to file their petitions regarding the H-1B cap. Registrants can now check the status of their submissions online, with designations ranging from “Submitted” to “Selected” or “Not Selected.” Additionally, USCIS reminds petitioners that petitions subject to the H-1B cap for FY 2025 may be filed beginning April 1, 2024 for selected beneficiaries, requiring submission of a copy of the Notice of Selection and proof of the beneficiary’s valid passport or travel document used during registration. USCIS also highlighted changes to fees, form editing, and filing location effective April 1, 2024.

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Higher immigration fees took effect April 1

Effective April 1, 2024, higher immigration fees took effect following a U.S. district court judge’s refusal to block a rule relating to Citizenship and Immigration Services fees for United States (USCIS). USCIS has primarily targeted employers who sponsor workers, with fee increases of 70% for H-1B petitions, 201% for L-1 petitions, and 129% for O-1 petitions, as well as a new $600 asylum program fee and an increase in the H-1B. -1 billion electronic registration fees from $10 to $215 per beneficiary. According to estimates from the National Foundation for American Policy, under the new rule, most businesses could spend about $9,400 to apply for a first-time H-1B visa holder, with costs rising to about $18,000 if the H-1B extensions are included.

In the case of Moody v. Mayorkas, a federal judge denied the plaintiffs’ motion for a temporary restraining order against USCIS, citing the high burden required for such an injunction. Despite this setback, litigation continues, with plaintiffs seeking to challenge the fee rule’s compliance with federal law and seek a potential return on higher fees already paid. The plaintiffs affirmed their commitment to the case, emphasizing their confidence in the strength of their arguments against the fee rule and their determination to pursue legal action against USCIS.

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USCIS Announces Rule to Increase Automatic Work Permit Extension Period

U.S. Citizenship and Immigration Services announced a temporary final rule to increase the automatic extension period for certain employment authorization document (EAD) holders from 180 days to 540 days. This temporary measure applies to eligible applicants who timely filed an EAD renewal application on or after October 27, 2023, if the application is pending as of the date of publication in the Federal Register, as well as to renewal applicants who file their application on time during the 540-day deadline after publication of the rule. The goal is to prevent nearly 800,000 EAD renewal applicants, including asylum seekers, Temporary Protected Status applicants and green card applicants, from suffering a failure in their Work Authorization.

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USCIS issues new guidance on validity of medical exams

The U.S. Citizenship and Immigration Services (USCIS) has issued new guidance on the validity of Form I-693, Immigration Medical Examination Report and Immunization Record. For all forms completed and signed by a civil surgeon on or after November 1, 2023, there is no expiration date and they can be used indefinitely to demonstrate that an applicant is eligible for health reasons. However, USCIS officers retain the discretion to request more evidence or a new or updated Form I-693 if they have reason to believe that the Form I-693 submitted is inaccurate or that the state health of the applicant has changed.

If an applicant’s immigration medical examination was completed before November 1, 2023, the two-year validity period still applies.

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