Visa Lawyer Blog

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SSN Updates for New N-400 Applicants

If you have been thinking of applying for U.S. Citizenship, you may be pleased to learn that starting April 1st applicants will have the option of requesting an original or replacement Social Security number (SSN) or card and have the chance to update their immigration status with the Social Security Administration (SSA), without having to visit an SSA office in person.

This is all part of the new edition of Form N-400, Application for Naturalization (edition date 04/01/24) which will allow these requests to be made when submitting the application with the U.S. Citizenship and Immigration Services (USCIS).

Previously, green card holders were required to visit an SSA office in person to notify them of their new U.S. Citizenship status and apply for a replacement SSN card reflecting their new immigration status.

Unfortunately, this new update only applies to applicants filing the new edition of the N-400 application (04/01/24) on or after April 1st.  Those who applied using the previous edition of the form (09/17/19) cannot take advantage of this option.

When will the new edition of the N-400 be available for use?

The new edition of the Form N-400 (04/01/24) will be available for online filing on April 1.

To file Form N-400 online, applicants must first create a USCIS online account, a convenient and secure method to submit forms, pay fees, and track the status of any pending USCIS immigration request throughout the adjudication process.

H-1B FY 2025 Cap Season Updates: What to Expect

You may be aware that the electronic registration period for the FY 2025 H-1B cap season closed at noon Eastern on March 25, 2024.

Within the next few days, USCIS will conduct a lottery to randomly select within the pool of properly submitted registrations to reach the FY 2025 H-1B annual numerical allocations, including the advanced degree exemption (master’s cap). USCIS will notify the public once the lottery has been completed.

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In this blog post, we share with you some new updates for the H-1B cap season for fiscal year 2025 and beyond.

 H-1B Cap Initial Registration Period FY 2025

USCIS has announced that the initial registration period for the FY 2025 H-1B cap season will open at noon Eastern time on March 6, 2024, and run through noon Eastern time on March 22, 2024.

During the registration period, prospective petitioners and their representatives, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.

For more information on the H-1B Cap Season, visit H-1B Cap Season webpage.

Organizational Accounts and Online Filing for Forms I-129 and I-907

On February 28, 2024, USCIS will launch new organizational accounts in the USCIS online account webpage that will allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907, online.

Also on February 28, USCIS will launch online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions.

Online Filing of H-1B Cap Petitions and I-907 Starting April 1, 2024

On April 1, 2024, USCIS will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.

Petitioners will continue to have the option of filing a paper Form I-129 H-1B petition and any associated Form I-907 if they prefer. However, during the initial launch of organizational accounts, users will not be able to link paper-filed Forms I-129 and I-907 to their online accounts.

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The rumors are true. For the first time in nearly two decades, the Department of State (DOS) will process domestic visa renewals for certain H-1B visa applicants without requiring them to leave the United States.

This is all part of a new pilot program starting January 29, 2024, through April 1, 2024, that will allow 20,000 qualified H-1B nonimmigrant workers the opportunity to renew their visas domestically.

The Department of State hopes the pilot program will reduce heavy backlogs at more than 200 consular sections worldwide by making available an increased number of interview appointments for other visa categories, especially first-time travelers applying for business and tourism visas who require in-person interviews.

At the same time, DOS seeks to alleviate the burden on U.S. companies that employ H-1B workers by streamlining the visa renewal process.

The Department will accept applications for the pilot program starting January 29, 2024 on its webpage.

After the initial application period which ends on April 1st the Department will expand the scope of the program.

What are the Requirements to Participate?

Participation in this pilot will be limited to applicants who(se):

  1. Are seeking to renew an H–1B visa; during the pilot phase, the Department will not process any other visa classifications;
  2. Prior H–1B visa that is being renewed was issued by Mission Canada with an issuance date from January 1, 2020, through April 1, 2023; or by Mission India with an issuance date of February 1, 2021, through September 30, 2021;
  3. Are not subject to a nonimmigrant visa issuance fee (Note: this is commonly referred to as a “reciprocity fee”);
  4. Are eligible for a waiver of the in-person interview requirement;
  5. Have submitted ten fingerprints to the Department in connection with a previous visa application;
  6. Prior visa does not include a “clearance received” annotation;
  7. Do not have a visa ineligibility that would require a waiver prior to visa issuance;
  8. Have an approved and unexpired H–1B petition;
  9. Were most recently admitted to the United States in H–1B status;
  10. Are currently maintaining H–1B status in the United States;
  11. Period of authorized admission in H–1B status has not expired; and
  12. Intend to reenter the United States in H–1B status after a temporary period abroad.

Applicants that fall outside of this scope are not eligible to apply for a visa domestically.

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In this blog post we share very exciting news for H-1B and L visa holders working in the United States.

The State Department is planning to resume the process of domestic visa revalidation in certain categories, like H-1B and L-1 visas, through the launch of a new pilot program that will soon be implemented later this year, specifically benefitting H-1B specialty occupation workers and L-1 visa holders who are currently required to travel abroad for renewal of their visas.

This move will restore stateside visa renewals, a practice that was previously discontinued by the government in 2004. Previously, certain categories of non-immigrant visa holders, particularly H-1B workers, could renew their visas and be stamped domestically while inside the United States. However, the government stopped allowing domestic renewal of these visas, requiring foreign workers to go out of the country and make an appointment at a U.S. Embassy or Consulate in their home country to receive an H-1B extension stamped in their passport.

The pilot program when fully implemented will benefit H-1B and L-1 workers allowing them to receive their stamping inside the United States without having to leave the country. This will help reduce the visa backlogs at U.S. Embassies and Consulates worldwide.

Additionally, the pilot program will potentially benefit tens of thousands of foreign workers, especially technology workers from India, where Consular operations are some of the busiest in the world.

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Did you participate in the H-1B electronic registration for Fiscal Year 2022? If so, we have some exciting news for you.

This morning, July 29, 2021, USCIS announced via its official website that the agency has conducted a second randomized lottery to select additional registrations to reach the Congressionally mandated Fiscal Year 2022 numerical allocations for the H-1B visa program.

When did the second lottery take place?

On July 28, 2021, USCIS selected from previously submitted electronic FY 2022 registrations, using a randomized process, to meet the necessary visa quota numbers.

How will you know if you were selected?

Petitioners with selected registrations will have their myUSCIS 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 July 28 lottery.

If I was selected in the second lottery, when can I submit my paper application by mail?

Only petitioners who were selected in the second lottery will be able to file a paper application with USCIS on behalf of the alien worker, beginning August 2, 2021, through November 3, 2021. Petitioner’s must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition. No online filing system is currently available. Petitioners should ensure that they send their paper application to the correct service center within the filing period indicated on the registration selection notice.

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In this blog post we share with our readers several new developments in immigration relating to COVID-19.

At a Glance: What’s in This Blog?

  • DOS Announces One-Month Extension for Immigrant Visa Medical Examinations
  • Phased Resumption of Routine Visa Services
  • DOS Releases SEVP Online Course Guidance for F and M Students for Fall 2020
  • When will the Presidential Proclamation Suspending Entry for the Schengen Countries be Lifted?
  • Are there any National Interest Exceptions for Certain Travelers from the Schengen Area, United Kingdom, and Ireland?
  • Are there any National Interest Exceptions to Presidential Proclamations (10014 & 10052) Suspending the Entry of Immigrants and Nonimmigrants Presenting a Risk to the United States Labor Market?

DOS Announces One-Month Extension for Immigrant Visa Medical Examinations

We are pleased to report that on July 24, 2020, the Department of State issued an important announcement confirming that the Centers for Disease Control and Prevention (CDC) have approved a one-month extension for medical examinations conducted between January 1, 2020 and June 30, 2020. As many of you know, medical examinations for immigrant visa applicants are valid for a maximum of six months.

The Department of State has advised applicants (1) who were unable to travel on an issued visa, or (2) who obtained a medical examination but did not receive a visa, to contact the Immigrant Visa Unit of the U.S. Embassy or Consulate that issued or is adjudicating your visa application to determine whether you may be issued or reissued a visa for one additional month. Applicants who are unable to travel within one additional month, should consider waiting until they are able to travel to obtain a new, full validity medical examination and visa.

Phased Resumption of Routine Visa Services

In March 2020 the Department of State suspended routine visa services worldwide in response to the Coronavirus pandemic. On July 14, 2020 the Department of State released information on its webpage notifying the public that resumption of routine visa services will occur on a post-by post basis, in coordination with the Department’s Diplomacy Strong framework to safely return personnel to Department facilities. With that being said, the Department of State cannot provide a specific date for when each Consular post will return to processing at pre-Covid workload levels. Applicants are advised to monitor each individual U.S. Embassy or Consulate’s website for information regarding operating status, and updates on which services they are currently offering.

As always, U.S. Embassies and Consulates will continue to provide emergency and critical visa services.

The DOS has also stated that MRV fees are valid and may be used to schedule a visa appointment in the country where it was purchased within one year of the date of payment.

  • For more information about this announcement and FAQs please click here.
  • For a list of Embassies and Consular webpages click here.

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UPDATE: Today, Monday June 22, 2020, President Trump signed a new executive order entitled, “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” extending the April 22nd Presidential Proclamation and adding new restrictions for nonimmigrant workers who “pose a risk of displacing and disadvantaging United States workers during the coronavirus recovery,” including H-1B, H-2B, J, and L nonimmigrant workers.

According to the executive order, the entry of these nonimmigrants “presents a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak.”

When does the order apply?

The order is effective at 12:01 am eastern daylight time on June 24, 2020 and will last through December 31, 2020, suspending the entry of certain immigrant and nonimmigrant aliens as outlined here. Within 30 days of June 24, 2020 (on July 24th), and every 60 days thereafter while the proclamation is in effect, the Secretary of Homeland Security will, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications to the order.

When does the order terminate?

The proclamation terminates on December 31, 2020 and can be continued by the government as necessary.

Will the April 22nd Proclamation Be Extended?

Yes, the second paragraph of the new executive order states, “In Proclamation 10014 of April 22, 2020, …I determined that …the United States faces a potentially protracted economic recovery with persistently high unemployment if labor supply outpaces labor demand.  Consequently, I suspended, for a period of 60 days, the entry of aliens as immigrants, subject to certain exceptions… Given that 60 days is an insufficient time period for the United States labor market …to rebalance… considerations present in Proclamation 10014 remain.” This means the April 22nd proclamation will continue until at least December 31st and all conditions subject to that proclamation will continue to remain in place.

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There can be no doubt that the Trump era has dealt a devastating blow to immigration, but perhaps the most affected individuals have been H-1B visa hopefuls and their employers.

Early on during the President’s administration, the President advocated for and implemented some of the most disastrous immigration policies ever seen—particularly because of the restrictive effect these polices have had in drastically reducing visa approvals for temporary workers.

Across the board, our office witnessed a staggering increase in the issuance of requests for evidence, and a high rate of denials for H-1B visa worker petitions, despite a highly qualified applicant base.

While these petitions were easily approved in past administrations, the reality began to set in that things would be much different under President Trump. Data has shown that from fiscal year 2015 to fiscal year 2019, H-1B denial rates for new H-1B petitions increased drastically from 6 percent to 21 percent., while denial rates for H-1B visa extensions increased to 12 percent in fiscal year 2019.

Where did it all begin?

USCIS began to aggressively limit H-1B visa approvals following the passage of the President’s executive order “Buy American and Hire American” signed on April 18, 2017.

With this order, the President single-handedly targeted one of the most sought-after visa programs in the United States—the H-1B visa program for highly-skilled temporary foreign workers. The order specifically directed the Attorney General and Secretaries of State, Labor, and Homeland Security to suggest reforms to ensure that H-1B visas would only be approved for the most-skilled or highest-paid workers.

While the President’s restrictive policies on immigration gained him a loyal following, they ultimately narrowed the playing field significantly for prospective H-1B workers.

Buy American and Hire American effectively gave the Department of Homeland Security—and by extension the United States Citizenship and Immigration Services—a broad range of power to develop and enforce restrictive policies limiting the issuance of H-1B visas.

Thereafter, USCIS went to work producing rule-making, policy memoranda, and implementing operational changes to carry out the President’s agenda with the goal of drastically limiting approvals for H-1B workers.

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A new decision issued by a federal judge in the case Itserve Alliance Inc., et al., v. L. Francis Cissna, will dramatically change the way that the United States Citizenship and Immigration Services (USCIS) adjudicates H-1B petitions for Information Technology companies.

The new ruling invalidates key provisions of the CIS 2010 Guidance Memorandum (also known as the Neufeld Memo) and the CIS 2018 Policy Memorandum (PM-602-0157) for two reasons.

Firstly, the court found that the policies outlined in these memorandums were inconsistent with previous regulations that were lawfully passed by the government through the formal notice-and-comment rule-making process, as required by law.

Secondly, the court found that USCIS violated the law when it abandoned previous regulations and began applying their own policies without first going through the required formal notice-and-rulemaking process. Since these policies were not passed through the formal rule-making process, their application was found to be unlawful and unenforceable.

Background

During the start of the Trump administration, USCIS began adopting a narrow policy designed to limit the number of H-1B petitions that would be approved. Throughout this period, our office saw the highest number of requests for evidence and denial rates ever experienced in over a decade in practice. Other immigration attorneys across the country observed the same trends.

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