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FY 2025 H-1B Cap Registration Period Closes March 22

Employers and their immigration counsel have until Friday, March 22, at noon ET to submit registrations for the FY 2025 H-1B cap lottery. Employers should work with their immigration counsel to complete their review and approval of draft registrations as…

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DHS Renews Expanded Employment Options for Certain Venezuelan F-1 Nonimmigrants

DHS has published a Federal Register notice extending the suspension of certain employment authorization restrictions for Venezuelan F-1 nonimmigrants (and those with no nationality who last habitually resided in Venezuela) who are experiencing severe economic hardship as a direct result of the current crisis in Venezuela.…

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April 2024 Visa Bulletin – Most Employment-Based Categories Will Advance, But State Dept. Projects Little to No Movement in Employment-Based Categories in Coming Months

The EB-1 China Final Action Date will advance by six weeks to September 1, 2022, and the EB-1 India Final Action Date will advance by five months to March 1, 2021. The EB-2 Final Action Date for all countries except…

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FY 2025 H-1B Cap Registration Begins March 6, with New System and Requirements

Employers and their immigration counsel may register foreign nationals for the FY 2025 H-1B cap starting at noon ET on March 6, 2024 through noon ET on March 22, 2024. All cap registrations must be drafted and submitted online during…

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Congress Passes Short Stopgap Spending Bill; Immigration Agencies Funded Through March 22

Congress has passed another short-term spending bill that will fund some federal agencies – including immigration agencies – through March 22, while other federal agencies will be funded through March 8. President Biden is expected to sign the bill, which…

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H-1B Cap Update – USCIS Officially Launches New Organizational Account System

Employers can now create new organizational accounts and upgrade existing accounts in USCIS’s revised online H-1B cap registration system. H-1B cap registration opens at noon ET on March 6, 2024. Employers must have an account in order to register beneficiaries…

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Reminder – Effective February 26, Premium Processing Fees to Increase

The premium processing fee for I-140 immigrant worker petitions and most Form I-129 nonimmigrant worker petitions will increase to $2,805, from $2,500. Fees for premium processing of certain other petitions and applications will also increase. The new fees will take…

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DOL Extends Comment Period for RFI on Revising Schedule A to May 13

The Department of Labor (DOL) has extended the public comment period on its Request for Information (RFI) on revising Schedule A to May 13, 2024, from February 20, 2024. The extension notice was published in the Federal Register. The RFI, which was published…

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President Biden Announces Deferred Enforced Departure for Palestinians

The White House has designated Palestinians for Deferred Enforced Departure (DED). The DED order blocks removal of certain Palestinians from the United States for 18 months, and instructs the Department of Homeland Security to provide employment authorization to eligible DED…

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January 2024 DOL PERM and PWD Processing Times

As of January 31, 2024, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in January 2023 or earlier, and processing audited cases with priority dates of December 2022 or earlier. DOL is working on standard…

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March 2024 Visa Bulletin – Modest Movement for EB-1 India and China and Worldwide EB-2 and EB-3 Professionals; USCIS to Honor Final Action Dates for Employment-Based Categories

The EB-1 China Final Action Date will advance by two weeks to July 15, 2022, and the EB-1 India Final Action Date will advance by one month to October 1, 2020. The EB-2 Final Action Date for all countries except…

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USCIS Announces H-1B Cap Registration Schedule for FY 2025, Including Initial Details on the New Organizational Account System

The FY 2025 H-1B cap registration period will open at noon ET on March 6, 2024 and will close at noon ET on March 22, 2024. All cap registrations must be drafted and submitted online during this period. A beneficiary-centric…

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The State Department’s Domestic Visa Renewal Pilot – What Employers and Foreign Nationals Need to Know – UPDATED

Under a highly anticipated State Department pilot program, up to 20,000 eligible applicants will be permitted to renew their H-1B visas from within the United States. The pilot program opened at noon ET on January 29, 2024 and will be…

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First Phase of Final H-1B Modernization Rule Introduces Changes to H-1B Cap Registration; FY 2025 Registration Period and H-1B Organizational Account “Live” Date Announced

A final DHS regulation that will change the H-1B cap registration system to a beneficiary-centric system will be in effect for the FY 2025 H-1B cap registration period, which will run from noon ET on March 6 to noon ET…

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USCIS Fee Rule Takes Effect April 1 with Significant Increases for Employment-Based Filings

Effective April 1, 2024, USCIS will increase and create separate filing fees for H-1B, L-1, and other nonimmigrant case types. The H-1B petition fee will rise to $780, from $460, a 70% increase. The L-1 petition fee will increase to…

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DHS Extends and Re-designates Syria for Temporary Protected Status; Extends Relaxed Employment Options for Syrian F-1 Students

The Department of Homeland Security (DHS) has extended and re-designated Syria for Temporary Protected Status (TPS), from April 1, 2024 through September 30, 2025. The registration period for new TPS applicants will run from January 29, 2024 to September 30,…

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Final Rule on H-1B Modernization Clears Federal Review; Cap Registration Changes Anticipated

A final DHS regulation that would revise some aspects of the H-1B program has been cleared by the Office of Management and Budget (OMB). Contents of the final rule will not be known until publication in the Federal Register. However,…

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December 2023 DOL PERM and PWD Processing Times

As of December 31, 2023, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in January 2023 or earlier, and processing audited cases with priority dates of December 2022 or earlier. DOL is working on standard…

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The State Department’s Domestic Visa Renewal Pilot – What Employers and Foreign Nationals Need to Know Ahead of the January 29 Launch

Under a highly anticipated State Department pilot program, up to 20,000 eligible applicants will be permitted to renew their H-1B visas from within the United States. Prospective applicants can begin drafting and pre-loading their online DS-160 visa application in advance…

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USCIS Final Fee Rule Clears Federal Review

A final DHS fee regulation that would increase the filing fees for many USCIS immigration benefit filings has cleared the Office of Management and Budget (OMB) federal review process, putting the regulation closer to implementation. The new fee regulation is…

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Congress Passes Stopgap Spending Bill; Immigration Operations Funded Through Early March

Congress has passed another short-term spending bill that will fund some federal agencies – including immigration operations – through March 8, 2024, while other federal agencies will be funded through March 1. President Biden is expected to sign the bill,…

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State Department Posts Guidance on New Domestic Visa Renewal Pilot Program Ahead of January 29 Launch; Online Self-Assessment Tool Available

The U.S. Department of State’s guidance primarily confirms details already released to the public about the H-1B domestic visa renewal pilot program, with some additional explanations. The agency’s online self-assessment tool is available for potential applicants to determine whether they…

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Final Rule on H-1B Modernization Under Federal Review; Cap Registration Changes Anticipated

A final DHS regulation that would revise some aspects of the H-1B program has been submitted to the Office of Management and Budget (OMB) for review. Contents of the rule now under OMB review will not be known until publication…

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February 2024 Visa Bulletin – Modest Advancement in Worldwide EB-2 and EB-3, EB-3 India, and EB-5 China; USCIS to Honor Dates for Filing for Employment-Based Categories

In February, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s February 2024 Visa Bulletin. The Dates for Filing remain unchanged…

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USCIS Organizational Accounts and Online Filing for H-1B Petitions Coming Next Month

In February, USCIS plans to launch online organizational accounts for H-1B filings – including for FY 2025 H-1B cap registrations – and make Form I-129 H-1B petitions and any associated Form I-907 premium processing requests available for online filing. Employers…

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