Articles Posted in Employment based visa

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Welcome back to Visalawyerblog! In this post, we bring you the latest H-1B lottery news.

Today, August 23, 2022, USCIS announced that the computer-generated H-1B lottery has been fully completed to select enough petitions to meet the H-1B regular cap and the U.S. advanced degree exemption for fiscal year 2023.

With this announcement, USCIS brings the 2023 fiscal year H-1B lottery to a close. Those wishing to participate in the program must wait until March 2023 to submit new applications for the fiscal year 2024 H-1B visa lottery.

For fiscal year 2023, USCIS previously announced that the agency received 483,927 H-1B registrations and initially selected 127,600 registrations as needed to reach the fiscal year 2023 numerical allocations. No second lottery was conducted. Those with selected registrations received notification of selection through their myUSCIS accounts including a selection notice, with details about when and where to file.

In comparison to fiscal year 2022, USCIS received 308,613 H-1B registrations and initially selected 87,500 registrations to meet the fiscal year 2022 numerical allocations. A second lottery took place which selected an additional 27,717 registrations, and a third lottery selected an additional 16,753 registrations, for a total of 131,970 selected registrations in fiscal year 2022.

What happens next?

At this point, USCIS has completed its selection process and sent out non-selection notifications via the myUSCIS online accounts to those petitioners and their attorneys who were not selected for FY 2023.

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In this blog post, we cover the release of the September Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of September.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.


Adjustment of Status Filing Chart September 2022


For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the  Dates for Filing chart in the Department of State Visa Bulletin for September 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for September 2022.


September 2022 Visa Bulletin Final Action Cutoff Dates


Employment-Based Categories


FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s September 2022 Visa Bulletin, the following Final Action cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

  • EB-1: All countries, including India and China, will remain current.
  • EB-2: India remains unchanged at December 1, 2014, and China remains unchanged at April 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and EB-3 China will remain unchanged from the previous month, at February 15, 2012 and April 22, 2018, respectively. All other countries will remain current.
  • EB3 Other Workers: For this category, the Department of State has established a worldwide cutoff date of May 8, 2019, to avoid exceeding the annual numerical limits. EB-3 India and China will remain unchanged at February 15, 2012 and June 1, 2012, respectively.
  • EB-5: The Department of State has taken corrective action by establishing a Final Action cutoff date which has advanced by one month to December 22, 2015, for the EB-5 China Unreserved Non-Regional Center (C5, T5, I5, and R5) categories. EB-5 Final Action dates will remain current for all countries and for all EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure).

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Welcome back to Visalawyerblog! We kick off the start of the week with exciting news from the U.S. Citizenship and Immigration Services (USCIS).

On July 15, 2022, USCIS announced the second phase of the expansion of premium processing service for petitioners who have a pending Form I-140 Immigrant Petition for Alien Workers, under the EB-1 and EB-2 employment-based classifications.

As with the first phase of the premium processing expansion, the second phase of expansion only applies to certain previously filed Form I-140 petitions under the EB-1-3 multinational executive and manager classification, or EB-2 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW) that were filed on certain dates. Only such petitions will be eligible to upgrade to premium processing using Form I-907, Request for Premium Processing Service.


Who will benefit?


Beginning August 1, 2022, USCIS will accept Form I-907 Premium Processing requests for:

  • EB-1-3 multinational executive and manager petitions received on or before July 1, 2021; and
  • EB-2 NIW petitions for advanced degree or exceptional ability received on or before August 1, 2021.

USCIS has explicitly made clear that it will reject premium processing requests for these Form I-140 classifications if the receipt date is after the dates listed above. For cases eligible to upgrade to premium processing, USCIS will guarantee 45 calendar days to take adjudicative action for these requests for premium processing service. USCIS will not accept new (initial) Forms I-140 with a premium processing request at this time for petitions that do not explicitly fall under the above categories.

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Welcome back to a brand-new week. We have some interesting news for employment-based adjustment of status applicants.

Today, Monday, June 27, 2022, the U.S. Citizenship and Immigration Services (USCIS) issued a public engagement notice recommending that members of the public submit their Form I-693 sealed medical examinations as soon as possible to ensure efficient processing of employment based green cards.

According to USCIS, the agency is ramping up its efforts to process as many employment-based immigrant visas as possible to avoid wasting visa numbers before the end of fiscal year 2022, which ends on September 30, 2022.

50091854772_d0d3b61325_bMexico’s President Andres Manuel Lopez Obrador is set to visit the White House next month to discuss immigration and make a push for additional U.S. commitments to help curb rates of illegal immigration.

It has been rumored that during his visit, the Biden administration will announce an offer of 300,000 temporary work visas up for grabs for Mexican nationals and Central Americans.

Mexico’s Interior Minister Adan Augusto Lopez confirmed these reports in a business meeting explaining that the U.S. government has agreed to split the number of visas proportionally to both Mexican and Central Americans, in an effort to ease the migration challenges of both countries.

According to Lopez, “The American government agreed to issue, initially, 300,000 temporary work visas; 150,000 will be for Mexicans or for foreigners who are currently in Mexico waiting for the possibility to migrate north.” The Biden administration is expected to announce these measures during President Obrador’s visit in July.

“It’s a high price, in terms of social costs, for our country to be a crossing point for migrants and every day we’re talking with the American government to try to generate (better) conditions,” Lopez said in remarks during a business meeting in Tijuana, Mexico.

While the spokesperson at the U.S. Embassy in Mexico did not return requests for comment, it will be interesting to see how these developments will play out in the coming weeks.

Earlier this month, tensions grew between President Obrador and the Biden administration over the U.S. government’s decision to exclude Nicaragua, Cuba, and Venezuela from attending the Summit of the Americas due to human rights violations. Following the news, President Obrador declined to attend the Summit, and Foreign Minister Marcelo Ebrard took his place.

President Obrador’s visit will coincide with the 10th anniversary of the Deferred Action for Childhood Arrivals (DACA) program, prompting a renewed debate over U.S. immigration policy.

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In this blog post, we cover the release of the June Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of June.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.


Adjustment of Status Filing Chart June 2022


USCIS has not yet released the adjustment of status filing chart for the June Visa Bulletin, but it should be available soon on the following webpage:

In this chart, USCIS will define the cutoff dates for acceptance of adjustment of status applications next month (whether adjustment of status applications will be accepted based on the Final Action dates chart, or the Dates for Filing chart).


June 2022 Visa Bulletin Final Action Cutoff Dates


Employment-Based Categories


FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES


According to the Department of State’s June 2022 Visa Bulletin, the following final cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

  • EB-1: All countries, including India and China, will remain current.
  • EB-2: India will advance by one year, to September 1, 2014, and China will remain at March 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and EB-3 China will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively. All other countries will remain current.
  • EB3 Other Workers: For this category, the Department of State has established a worldwide cutoff date of May 8, 2019, to avoid exceeding the annual numerical limits. EB-3 India and China will remain unchanged at January 15, 2012 and June 1, 2012, respectively.
  • EB-5: The Department of State has taken corrective action by establishing a Final Action cutoff date of November 22, 2015, for the EB-5 China Unreserved Non-Regional Center (C5 and T5) categories. It will also apply to EB-5 Unreserved Regional Center (I5 and R5) case types. EB-5 Final Action dates will remain current for all countries and for all EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure).

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We kick off the start of a brand-new week with some interesting revelations. On April 28, 2022, President Biden issued a letter proposing a new immigration measure that, if passed, could offer highly educated Russian nationals a pathway to permanent residency.

What is it all about?


The Russian invasion of Ukraine has left scientists and engineers seeking stable ground, with many young STEM talent looking to its European neighbors for employment opportunities.

In a letter to the House of Representatives, the Biden administration called for a measure to be approved as part of requested legislation for emergency supplemental funding to Ukraine.

Biden’s proposals seek amendment of Section 203(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)) effectively welcoming Russian STEM talent to the United States.


What does the measure propose?


By amending Section 203(b)(2), the U.S. government would essentially eliminate the need for Russian nationals, with a master’s or doctoral degree in a STEM field, to obtain an employment sponsor (job offer from a U.S. employer) and eliminate placement in the green card backlogs.

Under Biden’s proposal, adjudication of visas for such individuals would occur within just 90 days if possible, taking into account the need for security assessments. The proposed measure would end after four years (unless extended by Congress).

The measure has been proposed to ensure retention of talented Russian scientists and engineers. Interestingly, the letter highlights that the prospects of obtaining H-1B visa status for this group are lowered considering the numerical limits, and record H-1B registrations that far outweigh the number of available visas. In fiscal year 2023, USCIS announced that it received 483,927 H-1B registrations, a 57% increase over the last year. Only 127,600 registrations were selected to meet the H-1B quota (or 26% of total registrations).


Legislative Text


The legislative text of the provision reads as follows:

“IN GENERAL.— Section 203(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)) is amended by adding at the end the following:

“(D) Notwithstanding subparagraph (B), the requirements of subparagraph (A) that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States shall not apply to aliens (and the parents, spouses, and children of such aliens if accompanying or following to join) who—

“(i) are citizens of Russia;

(ii) have earned a masters or doctoral degree in the United States or an equivalent foreign degree in a field involving science, technology, engineering, or mathematics, including but not limited to degrees relevant to the following fields: Advanced Computing, Advanced Engineering Materials, Advanced Gas Turbine Engine Technologies, Advanced Manufacturing, Advanced and Networked Sensing and Signature Management, Advanced Nuclear Energy Technologies, Advanced Particle Detector Instrumentation Technologies, Artificial Intelligence, Autonomous Systems and Robotics, Biotechnologies, Communication and Networking Technologies, Cybersecurity, Directed Energy, Financial Technologies, Human-Machine Interfaces, Hypersonics, Advanced Missile Propulsion Technologies, Networked Sensors and Sensing, Quantum Information Technologies, Renewable Energy Generation and Storage, Semiconductors and Microelectronics, Space Technologies and Systems; and “(iii) are seeking admission to engage in work in the United States in an endeavor related to science, technology, engineering, or mathematics.”

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In this blog post, we cover the release of the May Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of May.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.


Adjustment of Status Filing Chart May 2022

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DACA Renewal E-Filing is here!

Exciting news is on the horizon for those filing a renewal of their deferred action under the Deferred Action for Childhood Arrivals (DACA)!

This week, the United States Citizenship, and Immigration Services (USCIS) announced that applicants will now be able to file their applications online on Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Additionally, renewal applicants may also file applications to renew their Employment Authorization Document (EAD) online by filing Form I-765 Application for Employment Authorization and the Form I-765 Worksheet.

This move will now make it easier for applicants to obtain a renewal of their status faster and more efficiently.

While the agency hopes to expand the possibility of electronic filing to a broader pool of applicants in the future, the e-file option is currently only available for individuals who have been previously granted DACA.

The e-filing option is expected to help reduce the substantial backlogs at the USCIS level. Currently, USCIS receives nearly half a million Form I-821D DACA requests every fiscal year, and processes more than 8.8 million requests for immigration benefits. As time has gone on, the agency has allowed online filings to streamline the application process.

How can you file online?


DACA renewal applicants who wish to file Form I-821D and Form I-765 online, must first create a USCIS online account, to submit their forms, pay fees and track the status of any pending USCIS immigration request throughout the adjudication process. There is no cost to set up an account, and one of the added benefits is that applicants have the ability to communicate with USCIS through a secure inbox and respond online to Requests for Evidence received.

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We kick off the start of a brand-new week with the latest in the world of immigration. This week we are excited to announce new H-1B FY 2023 cap season updates — the lottery is now complete!


H-1B Fiscal Year 2023 Season Updates


As our readers will know, the mandatory electronic registration period for the H-1B fiscal year 2023 season kicked off on March 1, 2022, and ended on March 18, 2022.

We had expected USCIS to notify all H-1B petitioners of selection by April 1st (the earliest date when H-1B cap-subject petitions for FY 2023 can be filed). However, news of selection came much quicker.

On March 29, 2022, USCIS announced that the H-1B FY 2023 cap was reached, and that enough registrations were also received for the advanced degree exemption (U.S. master’s cap). From these registrations, USCIS selected petitioners at random to be eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Petitioners will need to login to their USCIS online accounts to check the status of their registration.

If you were not selected in the FY 2023 cap the following status will be shown in your online account:

  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

If you were one of the lucky winners of the FY 2023 cap the following status will be shown:

  • Selected: Selected to file an H-1B cap petition.

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