Visa Lawyer Blog

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We kick off the week with a brand-new update from the U.S. Citizenship and Immigration Services (USCIS) for those applying to extend or change their nonimmigrant status using Form I-539.

The agency has announced that it will be exempting all I-539 applicants from paying the biometrics service fee of $85 beginning October 1, 2023 (applications postmarked October 1st or later will no longer need to include this fee), including those applicants filing Form I-539 requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status.

Will I still be scheduled for a biometrics (fingerprint) appointment?

USCIS has said that if you have filed Form I-539 before October 1st, certain filers will still be scheduled for an ASC appointment and should still attend that appointment as scheduled.

In most cases, however after October 1st applicants will not be scheduled to attend a biometric services appointment.

In some cases, USCIS may determine that biometrics are required and send the applicant a notice with information about appearing for their biometric services appointment.

What happens if I submit the biometrics fee by mistake?

If you mistakenly submit the $85 biometric services fee and the payment is submitted separately from the Form I-539 fee, USCIS will return the biometric services fee and accept the Form I-539.

If you mistakenly submit the biometric services fee and the payment is combined with a paper-based Form I-539 filing fee, USCIS will consider this an incorrect filing and reject your Form I-539.

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On September 20, 2023, the Department of Homeland Security (DHS) released a fact sheet unveiling new actions to cut down the processing time of work authorizations filed by certain asylum seekers.

Starting October 1, 2023, USCIS will speed up the processing of Form I-765 Applications for Employment Authorization, (also known as EADs) filed by parolees who schedule an inspection appointment through CBP One. Such individuals are eligible to apply for employment authorization immediately.

USCIS aims to decrease average processing times for EADs from 90 days to 30 days for such individuals and will allocate more personnel and resources to accomplish this objective.

Additionally, USCIS seeks to decrease average processing times to just 30 days for EADs filed in connection with the Cuban, Haitian, Nicaraguan, and Venezuelan parole programs.

Finally, to improve efficiency, USCIS will also be increasing the maximum validity period of initial and renewal EADs to five years for certain noncitizens, including:

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In this blog post, we summarize the movement of the family-sponsored and employment-based preference categories of the October Visa Bulletin.

This information will be helpful to those applying for an immigrant visa at a U.S. Consulate overseas, and those applying for adjustment of status to permanent residence in the United States.

Overview

What is the Visa Bulletin?

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories. The purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.

What are the preference categories that are subject to the numerical limitations?

The Family Sponsored Preference Categories and their annual limits are as follows:

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

  1. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
  2. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

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The U.S. Citizenship and Immigration Services (USCIS) recently announced the reopening of an international field office in Havana, Cuba.

The Havana office will assist with U.S. immigration benefits and services, including conducting interviews, processing cases for pending Cuban Family Reunification Parole (CFRP) requests, and Form I-730, Refugee/Asylee Relative Petitions, and other limited appointment-only services such as collecting biometrics for U visa applications.

Services at the Havana Field Office will be available by appointment only.  USCIS has updated the USCIS International Immigration Offices page with more information about services and appointments available at the Havana Field Office.

Secretary of Homeland Security Alejandro Mayorkas said that the decision to reopen the Havana Field Office was made to, “reduce unlawful entries, deny resources to ruthless smuggling organizations, and streamline access to lawful, safe, and orderly pathways for those seeking humanitarian relief.”

This move marks a restoration of American relations in Cuba. During the Trump administration, the Havana Field Office was closed, following the suspension of operations in 2017 after the U.S. Department of State ordered all non-essential personnel and families to depart Cuba.

On June 9, 2022, the Biden administration announced it would be resuming operations under the Cuban Family Reunification Parole (CFRP) program, to provide a safe, orderly pathway for certain Cuban beneficiaries of approved family-based immigrant petitions (Form I-130) to wait in the United States for their immigrant visas to become available.

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In this post, we share with you some great news for Ukrainian nationals under Temporary Protected Status (TPS) in the United States.

The Department of Homeland Security has made the decision to extend Temporary Protected Status for Ukrainian nationals currently receiving protections under the program for 18 months from October 20, 2023 through April 19, 2025.

A notice has been published in the Federal Register with information about how to register for TPS under Ukraine’s designation.

The main benefit of applying for TPS protections is that those who are approved can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).

The registration process for Ukraine began on August 21, 2023, and will end on April 19, 2025.

Extension of Designation of Ukraine for TPS

On August 18, 2023, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and re-designation of Temporary Protected Status (TPS) for the country of Ukraine. This extension and re-designation will be in effect from October 20, 2023, through April 19, 2025 (an 18-month period).

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing armed conflict in Ukraine, and the expansion of Russia’s military invasion that has created a humanitarian crisis, preventing Ukrainians from safely returning.

The extension of TPS for Ukraine will allow approximately 26,000 current beneficiaries to retain TPS through April 19, 2025, if they re-register and continue to meet TPS eligibility requirements.

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If you have been waiting for U.S. Citizenship and Immigration Services to reopen in-person appointments, then this topic may interest you.

Recently, USCIS announced the launch of a new procedure to request an in-person appointment at a local USCIS field office by completing an online form. This form may be used by individuals, attorneys, and accredited representatives without the need to call the USCIS Contact Center.

The online appointment request form is currently available for use on the USCIS webpage and allows for in-person appointment requests at local field offices, only for ADIT stamps, Emergency Advance Parole (EAP), Immigration Judge Grants, Afghan Special Immigrant CPR Status, Certified Copies of Naturalization Certificate, Deferred Action, T, U, and VAWA Inquiries, I-94 Cuban Paroles and Re-Paroles, Lost Immigration Visa Packets, and more.

For more information about ADIT stamps, Emergency Advance Parole, and Immigration Judge Grants, etc. click here.

The online request system does not support self-scheduling, but individuals are allowed to request a specific date and time for an in-person appointment when making an online request. However, please keep in mind that USCIS cannot guarantee that the requested appointment date will be scheduled.

Once an online appointment request has been made, the USCIS Contact Center will review submissions along with the availability of in-person appointments at a specific field office. USCIS will then confirm and schedule the individual for an available in-person appointment date and time.

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We start the week with great news for Cuban and Haitian nationals.

On August 10, 2023, the Department of Homeland Security announced new publications in the Federal Register introducing changes to the Cuban and Haitian Family Reunification Parole processes.

The FRP program allows eligible Cuban and Haitian nationals to seek parole into the United States for the purpose of reuniting with their family members while they wait for their immigrant visas to become available to apply for adjustment of status to lawful permanent residence.

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In this blog post, we summarize the movement of the family-sponsored and employment-based preference categories of the September Visa Bulletin.

This information will be helpful to those applying for an immigrant visa at a U.S. Consulate overseas, and those applying for adjustment of status to permanent residence in the United States.

Overview

What is the Visa Bulletin?

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories. The purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.

What are the preference categories that are subject to the numerical limitations?

The Family Sponsored Preference Categories and their annual limits are as follows:

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

  1. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
  2. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

The Employment-Based Preference Categories and their annual limits are as follows:

First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.

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Did you recently file an L-1 petition as an Intracompany Transferee under a previously approved blanket petition? Then you may want to hear about this important new update.

On Thursday August 3, 2023, the U.S. Citizenship, and Immigration Services (USCIS) announced new changes to the way that the agency will be issuing receipts for L-1 nonimmigrant intracompany transferees under a previously approved blanket L petition, including executives, managers, or specialized knowledge professionals.

What’s Changed?

When filing Form, I-129S, nonimmigrant petition based on blanket L Petition, together with Form I-129, Petition for a Nonimmigrant Worker, the petitioner will now receive two notices: the receipt notice and the approval notice (if the petition is approved).

Previously, petitioners would receive a stamped and signed Form I-129S along with the Form I-129 approval notice. USCIS will now do away with this practice.

Moving forward, the petitioner will receive a separate approval notice for the Form I-129S, which will serve as the endorsement.

Significance of the Approval Notice

The I-129S approval notice will serve as evidence that a USCIS officer has determined the beneficiary is eligible for L-1 status based on an approved blanket L petition and constitutes an endorsement of Form I-129S as required by 8 CFR 214.2(l)(5)(ii)(E). A copy of that notice will also be provided to the beneficiary to be included with their visa and/or admission papers.

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The news we have all been waiting for is finally here. Today, July 31, 2023, the U.S. Citizenship, and Immigration Services (USCIS) announced that they have conducted a second lottery to select from previously submitted electronic registrations to reach the FY 2024 numerical cap.

At this time, USCIS has notified all prospective petitioners with selected registrations from this round of selection (the second lottery) that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Only petitioners with selected registrations are eligible to file H-1B cap-subject petitions for FY 2024, and only for the beneficiary named in the applicable selected registration notice.

Please see the information below for a reminder about what you can expect now that the second lottery has been completed.

How will I know if I was selected in the second lottery?

Petitioners with selected registrations will have their myUSCIS online accounts updated to include a selection notice, which includes details of when and where to file. If you submitted your electronic registration with the assistance of an attorney, you must contact your legal representative/case manager to determine whether you were selected in the second randomized lottery.

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