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H-1B Cap Petition Filing Period Closes June 30

Employers have just a few more weeks to file petitions for foreign nationals selected in the FY 2024 H-1B cap lottery. USCIS must receive all cap petitions by June 30, 2023. It is not yet known whether USCIS will conduct…

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July 2023 Visa Bulletin Update – USCIS to Honor Final Action Dates for Employment-Based Categories

Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s July 2023 Visa Bulletin. Employment-Based Priority Date Cutoffs for July 2023 To…

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July 2023 Visa Bulletin – Most Employment-Based Categories Hold Steady; EB-3 India Retrogresses Steeply and EB-3 Rest of World, Mexico, and Philippines Retrogress Moderately

In July, EB-3 India will retrogress by more than three years to January 1, 2009. EB-3 for all other countries except China will retrogress by four months to February 1, 2022. EB-1, EB-2, and EB-5 cutoff dates for all countries…

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May 2023 DOL PERM and PWD Processing Times

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

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ICE Issues Termination of SEVP COVID-19 Flexibilities After 2023 Summer Semester

U.S. Immigration and Customs Enforcement (ICE) issued a broadcast message terminating the Student and Exchange Visitor Program’s (SEVP) COVID-19 guidance as of May 11, 2023 – the effective date for President Biden’s termination of the COVID-19 public health emergency. However, according to ICE,…

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State Department Suspends Supporting Document Submission to KCC for Diversity Visa 2024 and Onward

Effective for the Diversity Visa (DV) program for fiscal year 2024 (DV-2024) and onward, document submission to the Kentucky Consular Center (KCC) is suspended, according to the State Department. Going forward, selectees only need to submit to the KCC the DS-260…

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New FLAG-Based PERM Application Form Takes Effect June 1

Beginning June 1, all online PERM labor certification applications must be submitted through the Department of Labor’s Foreign Labor Application Gateway (FLAG) system, using a new version of the Form ETA 9089, Application for Permanent Employment Certification. PERM applications submitted…

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Summer Travel Planning for Foreign Nationals

If you are a foreign national planning to travel internationally this summer, make sure that you have all the necessary documents, including a passport with sufficient remaining validity, a valid U.S. visa in the appropriate classification, and advance permission to…

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Florida Broadens Its E-Verify Requirement, Enacts Prohibitions Against Certain Foreign Ownership of Real Estate and Other Immigration-Related Restrictions

Beginning July 1, 2023, a new Florida law will require employers with 25 or more employees in Florida to use E-Verify to check the employment eligibility of all new hires, and will impose state civil and criminal penalties on employers…

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April 2023 DOL PERM and PWD Processing Times

As of April 30, 2023, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in July 2022 or earlier, and processing audited cases with priority dates of April 2022 or earlier. DOL is working on standard…

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June 2023 Visa Bulletin Update – USCIS to Honor Final Action Dates for Employment-Based Categories

Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s June 2023 Visa Bulletin. Employment-Based Priority Date Cutoffs for June 2023 To…

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June 2023 Visa Bulletin – Most Employment-Based Categories Hold Steady and EB-5 India Retrogresses in June; EB-3 India Retrogression Possible in July

In June, EB-5 India will retrogress by more than one year to April 1, 2017. EB-1 and EB-2 cutoff dates for all countries will remain the same in June. EB-3 cutoff dates for all countries and categories will remain the…

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ICE Gives Employers Until August 30 for In-Person Form I-9 Verification After COVID Flexibilities Expire

Employers will have a 30-day period – until August 30, 2023 – to comply with physical Form I-9 document inspection requirements after the temporary COVID I-9 flexibilities expire on July 31, according to an ICE announcement. Employers that have been…

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State Department Releases FY 2024 Diversity Visa Lottery Winners Tomorrow

Starting at noon ET on May 6, 2023, lottery entrants must check the State Department’s official Diversity Visa Lottery website to learn whether they have been chosen to apply for a diversity visa. Entrants may experience delays accessing the official website due…

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DHS Implements Extension and Expansion of Deferred Enforced Departure for Hong Kong, Extends Relaxed Employment Options for Hong Kong F-1 Students

The Department of Homeland Security (DHS) has published a Notice implementing the previously announced two-year extension and expansion of Deferred Enforced Departure (DED) for Hong Kong residents though February 5, 2025, and defining the application process for Employment Authorization Documents…

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COVID Vaccination Requirement for Land Border Travel Ends May 11

After May 11, 2023, nonimmigrants crossing land borders from Mexico and Canada will no longer be required to show proof of COVID vaccination, according to the Department of Homeland Security. The issue Nonimmigrants traveling by land ports of entry and…

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COVID Vaccination Requirement for International Air Travel Ends May 11; End to Border Travel Vaccine Requirement Forthcoming

After May 11, 2023, nonimmigrants traveling by air to the United States will no longer be required to show proof of Covid vaccination, according to a White House statement. The announcement does not impact land border travel, but confirms that…

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USCIS Received Record Number of Eligible Registrations for the FY 2024 H-1B Cap, Including Surge in Multiple Registrations Per Individual

USCIS received a record 758,994 eligible registrations for the FY 2024 H-1B cap season – a 60% increase over last year’s eligible registration pool. The agency selected 110,791 beneficiaries to reach the H-1B quota of 85,000, for an overall selection…

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USCIS Extends Temporary Suspension of Biometrics Collection for Some H-4, L-2, and E Derivative Applicants; Confirms Forthcoming Permanent Biometrics Exemption for All I-539 Applicants

Through September 30, 2023, USCIS will continue to suspend the biometrics collection requirement for applicants seeking H-4, L-2, and E derivative changes of status and extensions of stay on Form I-539. The temporary suspension had been set to terminate on…

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May 2023 Visa Bulletin Update – USCIS to Honor Final Action Dates for Employment-Based Categories

Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s May 2023 Visa Bulletin. Employment-Based Priority Date Cutoffs for May…

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May 2023 Visa Bulletin – EB-2 and EB-3 Retrogression for All Countries, Except China and India; EB-3 China Advances; and in Coming Months, EB-1, EB-2, and EB-5 for India and EB-1 China Likely to Retrogress

Next month, EB-1 India and China will maintain their Final Action cutoff date of February 1, 2022, and Dates for Filing cutoff date of June 1, 2022. The EB-2 India Final Action and Dates for Filing cutoff dates will remain…

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March 2023 DOL PERM and PWD Processing Times

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

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New Consular Fees Take Effect May 30

A revised State Department fee schedule that increases fees for nonimmigrant visa applications and border crossing cards will take effect on May 30. The fee increases are not as steep as those proposed by the agency in a December 2021…

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USCIS Completes FY 2024 H-1B Cap Selection Process

The annual quota of 85,000 new H-1B cap registrations was met in the initial registration period for employment in FY 2024, according to USCIS. The precise number of cap registrations has not yet been disclosed. The agency has completed the…

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USCIS Terminates COVID-19 Accommodation on RFEs, NOIDs, Appeals, and Other Responses

The USCIS deadline extension policy that has been in place in some form since March 2020 ends today. For USCIS notices dated after March 23, petitioners and applicants will no longer have an additional 60 days to respond and will…

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