Visa Lawyer Blog

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This Friday afternoon, we share with you some interesting new insights revealed by the U.S. Citizenship and Immigration Services regarding the recent H-1B electronic registration period for fiscal year 2024.

USCIS has disclosed that this H-1B season, it received 758,994 eligible registrations for FY 2024, breaking its previous record of 474,421 eligible registrations just the previous year.

This represents a 60% increase in eligible registrations, with 284,573 more registrants in comparison to last year’s H-1B season.

In terms of actual selections, USCIS selected a total of 110,791 registrations to meet the annual H-1B numerical cap of 85,000 visas this H-1B season. When crunching the numbers, registrants had about a 14.6% chance of being selected, when compared to last year when the chance of selection sat at 26.9%.

This H-1B season, USCIS saw a dramatic increase in the number of registrations submitted, in comparison to prior years. Across the board, there was also an increase in the number of registrations submitted on behalf of beneficiaries with multiple registrations, and the number of registrations submitted on behalf of unique beneficiaries with only one registration. USCIS saw upward trends in the FY 2022 and FY 2023 H-1B registration periods as well.

From looking at the chart below for H-1B fiscal years 2021-2014, one can see that the competition has become greater and greater for H-1B visas year by year, however FY 2024 stands out in particular as the most competitive H-1B season overall.

This chart shows registration and selection numbers for fiscal years 2021-2024 (as of April 24, 2023).

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Specifically, the selection rate this H-1B season was significantly lower than all previous H-1B seasons. According to USCIS, there were fewer registrations selected this season, because of higher demand for Chile/Singapore H-1B visa (cap-exempt), and projections showing a higher rate of filings from employers whose registrations were selected in the cap lottery.

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In this blog post, we share with you some recent updates in the world of immigration.

Suspension of Visa Services in Sudan

Today, April 24, 2023, the Department of State announced suspension of non-immigrant and immigrant visa services in Sudan, due to armed conflict in the country. The U.S. Embassy in Khartoum suspended all operations on April 22, 2023, and all personnel have been evacuated under orders of the Department of State.

All Immigrant and Diversity Visa interviews have been cancelled until further notice.  Those with an inquiry about a pending post-interview Immigrant Visa case, are advised to send only one email to KhartoumIV@state.gov.  The inbox will remain unmonitored for a certain period of time, until officials can begin to resume normal or alternative operations.

The mission is unable to conduct passport or document passback for the time being.

Applicants for U.S. nonimmigrant visas are encouraged to apply in any country in which they are physically present and where there are appointments available. As each U.S. Embassy and Consulate has specific application procedures, applicants should contact the U.S. Embassy where they wish to apply directly. Contact information for U.S. Embassies is available at usembassy.gov.

ICE launches online CeBONDS capability to automate bond payments

Last week, U.S. Immigration and Customs Enforcement (ICE) announced its implementation of a new web-based system called, Cash Electronic Bonds Online (CeBONDS), which provides a fully automated, online capability to request verification of bond eligibility, make cash immigration bond payments, and send electronic notifications to cash bond obligors. The web-system will benefit detained noncitizens determined by the Immigration Judge or ERO to be suitable for release on bond and enables ICE to send electronic notifications to cash bond obligors.

Individuals will still have the option of making in-person bond payments until the online system fully takes over on June 1st.

CeBONDS Frequently Asked Questions

Who can utilize CeBONDS?

U.S. citizens, lawful permanent residents, law firms, and non-profit organizations can use CeBONDS to post a delivery bond, voluntary departure bond, or order of supervision bond. Noncitizens can also post a voluntary departure bond or order of supervision bond on their own behalf.

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We have good news for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status.

The United States Citizenship and Immigration Services (USCIS) recently announced that it has extended the temporary suspension of the biometrics submission requirement for this group of applicants.

Previously, USCIS had suspended the biometrics requirement until May 17, 2023. With today’s announcement, the suspension of biometrics will continue through September 30, 2023, for H-4, L-2, and E nonimmigrants.

USCIS will allow adjudications for these specific categories to proceed based on biographic information and related background checks, without the normal requirement of capturing fingerprints and a photograph. However, the agency will retain its discretion to require biometrics for any applicant on a case-by-case basis. Therefore, certain applicants may still be scheduled to attend a biometrics appointment at a local application support center (ASC).

USCIS reminds Form I-539 applicants meeting the biometrics suspension criteria, that they do not need to submit the $85 biometric services fee for Form I-539 during the suspension period.

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Good news for DACA recipients. The Biden administration recently announced a plan to expand health care coverage to Dreamers through the Affordable Care Act health insurance marketplace.

President Biden has directed the Department of Health and Human Services to propose a rule in the Federal Register that would amend the definition of “lawful presence” to include DACA recipients, so that they may be considered lawfully present to be eligible to enroll in a health care plan through the Affordable Care Act or Medicaid.  The proposed rule is expected to be published as soon as end of the month.

If finalized, the rule would make DACA recipients eligible for Medicaid and the Affordable Care act for the first time ever.

The proposal will allow DACA recipients to apply for coverage through the Health Insurance Marketplace, where they may qualify for financial assistance based on income, and through their state Medicaid agency.  Like all other enrollees, eligibility information will be verified electronically when individuals apply for coverage.

In a video released on the President’s twitter page he stated, “We need to give Dreamers the opportunities and support they deserve. Today, my administration is announcing our plan to expand health coverage for DACA recipients by allowing them to enroll in a plan through the Affordable Care Act or through Medicaid.”

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It’s that time of the month again. The Department of State has released the May 2023 Visa Bulletin, giving you the latest updates on visa availability for family-sponsored and employment-based preference categories.

To help you prepare for your upcoming immigrant visa or green card filing, we share what you can expect to see in the upcoming month’s visa bulletin.

Here are some of the highlights from the May 2023 Visa Bulletin:

  • For employment-based preference adjustment of status filings, USCIS will continue to use the Final Action Dates chart, as they did in April.
  • For the month of May, 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. All other countries remain current. DOS warns applicants that cutoff dates for EB1 China and India will likely retrogress in the near future.
  • For the month of May, the EB-2 India Final Action and Dates for Filing cutoff dates will remain at January 1, 2011, and May 1, 2012, respectively.
  • For all other countries, except China and India, the EB-2 Final Action cutoff date will retrogress by four and a half months to February 15, 2022. Their Dates for Filing cutoff date will remain at December 1, 2022.
  • In May, the EB-3 China Professional/Skilled Worker category will advance by five months to April 1, 2019, for Final Action, and by four months to June 1, 2019 for Dates for Filing.
  • The EB-3 India Professional/Skilled Worker Final Action date will remain at June 15, 2012, and the Dates for Filing cutoff will remain at August 1, 2012.
  • Future retrogressions are expected for EB-1 India and China in the coming months, as well as EB-2 and EB-5 India as early as June.

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Good news for U.S. employers of H-2B visa workers!

Starting April 13, 2023, the U.S. Citizenship and Immigration Services (USCIS), will begin accepting petitions for H-2B temporary non-agricultural workers for the late second half of fiscal year (FY) 2023, for employment start dates from May 15, 2023, to September 30, 2023 under the H-2B supplemental cap temporary final rule.

Up to 10,000 additional visas will be up for grabs for returning workers who were previously issued H-2B visas or who held H-2B visa status in fiscal years 2020, 2021, or 2022, irrespective of their country of nationality. Pursuant to the final rule, such visas will only be available to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all H-2B workers requested in their petition, as attested by the employer on the new attestation form.

Why the surplus of visas?

The Department of Homeland Security and Department of Labor issued the temporary final rule to increase the numerical cap on H-2B nonimmigrant visas by up to 64,716 additional visas for fiscal year 2023. Of these 64,716 additional visas, 44,716 are available only for returning workers (workers who received an H-2B visa or were otherwise granted H-2B status in one of the last three fiscal years).

The remaining 20,000 visas have been set aside for nationals of El Salvador, Guatemala, and Honduras (collectively called Northern Central American countries) and Haiti, who are exempt from the returning worker requirement.

As of April 10, 2023, USCIS has received petitions requesting 11,537 workers under the 20,000 visas set aside for nationals of Haiti, El Salvador, Guatemala, and Honduras. USCIS is continuing to accept H-2B petitions under this allocation.

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In this blog post, we share with you the latest news in the world of immigration.

Recently, the U.S. Citizenship and Immigration Services (USCIS) announced that it has removed the 60-day rule for civil surgeon signatures on Form I-693 Report of Immigration Medical Examination and Vaccination Record, also known as the immigration medical exam.

This form must be completed by a civil surgeon and submitted along with the applicant’s I-485 adjustment of status (green card) application with USCIS.

Green card applicants can now submit their Form I-693 medical examination for up to 2 years after the civil surgeon has signed the form.

Previously, green card applicants were required to have a civil surgeon sign Form I-693 within 60 days of submitting their green card application or risk its rejection with USCIS. The 60-day rule created much confusion among green card applicants and was an unnecessary obstacle to the green card process. Form I-693’s that were not signed within the 60-day period were issued Requests for Evidence (RFE) asking for a compliant Form I-693 signed within the requisite 60-day period.

Now that USCIS has eliminated the 60-day rule, applicants will have more time and flexibility to obtain their signed Form I-693 medical examination without worrying. This change will also decrease the green card backlogs, considering that less RFEs will be issued for deficient Form I-693’s given the 2-year validity period from the date of the civil surgeon’s signature.

In support of its new policy, USCIS has said, “While the 60-day rule was intended to enhance operational efficiency and reduce the need to request updated Forms I-693 from applicants, in practice these efficiencies have not been realized.”

For more information about this new update, please click here.

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We have great news for H-1B visa registrants! Today, March 27, 2023, USCIS announced that it has received enough electronic registrations to reach the FY 2024 H-1B visa cap—just 10 days after the H-1B electronic registration period closed on March 17, 2023.

USCIS randomly selected from among registrations that were properly submitted to meet the 65,000/20,000 annual numerical limitations for the regular cap and advanced degree exemption.

Petitioners who have been selected have been notified of their selection via their myUSCIS online accounts.

Notification of Selection

Now that the selection process has been completed, USCIS has sent electronic notices to all registrants with selected registrations that are eligible to file an H-1B cap-subject petition on behalf of the individual named in the notice within the filing period indicated on the notice.

Account holders who submitted the selected registration have been notified of selection via email or text message stating that an action has been taken on their myUSCIS online account. Account holders can log in to see the full notice and determine whether they have been selected.

A registrant’s USCIS online account will show one of the following statuses for each registration:

  • Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
  • Selected: Selected to file an H-1B cap petition.
  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.
  • Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
  • Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, disputed, or otherwise invalid.

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It is the end of an era. Yesterday, March 23, 2023, the United States Citizenship and Immigration Services (USCIS) announced that it is ending its COVID-19 flexibility policy, giving applicants and petitioners more time to respond to Requests for Evidence and Notices of Intent to Deny during the COVID-19 pandemic.

Its last extension ended on March 23, 2023. That means that from this point forward, applicants and petitioners must respond to any notices or requests from USCIS, dated after March 23, by the deadlines listed in the notice or request. This includes:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind;
  • Notices of Intent to Terminate regional centers;
  • Notices of Intent to Withdraw Temporary Protected Status; and
  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Applicants who are filing Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), regarding a decision dated after March 23, 2023, must comply with the deadlines stated on the form instructions.

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USCIS has just made it a lot easier for Lawful Permanent Residents with a lost, stolen, or misplaced green card to obtain evidence of their immigration status. Last week, the Service announced that LPRs may now request an Alien Documentation, Identification, and Telecommunication (ADIT) or I-551 stamp by mail as temporary evidence of their permanent resident status, instead of having to visit a local USCIS field office.

Who needs an ADIT stamp?

The ADIT (Alien Documentation, Identification and Telecommunication systems) stamp (also known as an I-551 stamp) is placed on an individual’s passport or I-94 card as temporary evidence of the alien’s lawful permanent resident status, where the alien no longer has the green card in their possession either due to loss, theft, or where a replacement green card has not yet been issued, or where the alien is waiting for an extension of his or her LPR status to be approved and their extension notice has expired.

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