Visa Lawyer Blog

Articles Posted in Policies

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In this blog post, we share with you new guidance released by the U.S. Citizenship and Immigration Services (USCIS) regarding instances where the last day of filing a benefit request or response to a Request for Evidence or a Notice of Intent to Deny, Revoke, Rescind, or Terminate, falls on a Saturday, Sunday, or federal holiday.

USCIS recently issued a policy alert clarifying that the agency does not accept paper-based applications or petitions on Saturdays, Sundays, or federal holidays.

In light of this, USCIS has clarified that, in instances where the last day of a period for filing a paper-based benefit request, such as the last day before a requestor’s or beneficiary’s birthday, or the last day of a qualifying time period, falls on a Saturday, Sunday, or federal holiday, USCIS will consider the filing to be timely if received by the end of the next business day.

Similarly, the USCIS update also clarifies that where the last day to respond by mail to a mailed Request for Evidence or a Notice of Intent to Deny, Revoke, Rescind, or Terminate falls on a Saturday, Sunday, or federal holiday, USCIS will consider the response timely if received by the end of the next business day.  

With respect to electronically-submitted responses, they are considered received immediately upon submission. These filings, therefore, are not affected by the fact that USCIS does not accept deliveries on Saturdays, Sundays, and federal holidays, and are not impacted by the new policy clarification.

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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 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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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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In this blog post, we share with you the most recent updates in immigration news.

We have important information for EB-5 Regional Center Investors. The United States Citizenship and Immigration Services (USCIS) recently announced that beginning Wednesday March 15, 2023, the biometrics requirement and its associated $85 biometrics fee will be eliminated for EB-5 investors filing Form I-526E, Immigrant Petition by Regional Center Investor.

Regional Center investors are those that are pooling their investment with one or more qualified immigrants participating in the Regional Center Program.

This means that starting March 15, investors will no longer need to submit the fee for biometrics services with Form I-526E.

Why the change?

USCIS has determined that universal biometrics collection is no longer necessary. However, in some circumstances, the agency may still request biometrics from certain investors  under INA 203(b)(5)(H)(iii), 8 CFR 103.2(b)(9), or under other applicable authorities.

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The moment we have been waiting for has finally arrived.

Yesterday, March 6, 2023, the United States Citizenship and Immigration Services (USCIS) announced the expansion of premium processing services for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions who have a pending Form I-765, Application for Employment Authorization, and wish to request a premium processing upgrade.

As of yesterday, March 6th USCIS has made possible the online filing of Form I-907, Request for Premium Processing Service, for F-1 students in these categories. USCIS will also accept the latest edition of the Form I-907 by mail.

In support of this move, USCIS Director Ur M. Jaddou said, “The availability of premium processing for certain F-1 students, in addition to the ease of online filing, will streamline the immigration experience for a great many international students.”

Regarding the decision to make online filing of Form I-907 available, he stated, “The ongoing expansion of online filing is a priority for USCIS as we continue to create operational efficiencies and increase access to the immigration system for stakeholders, applicants, petitioners, requestors, and those we serve.”

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The H-1B registration period is now in full swing. Employers will have the opportunity to complete the electronic registration process from now until noon Eastern Time on March 17, 2023.

The question on everyone’s minds is whether the massive tech layoffs in Silicon Valley will decrease demand for H-1B visa registrations. Tens of thousands of employees at Google, Amazon, and Meta, have been laid off since early January, leaving big tech companies to adapt to their changing circumstances.

However, demand for high-skilled foreign workers remains high. Companies across the United States will compete for a chance to win selection just as in past years. It is expected that demand for the H-1B visa lottery program will grow this year, because the labor market still demands highly skilled workers with skills in the STEM fields.

Once the H-1B registration period has closed on March 17th the United States Citizenship and Immigration Services (USCIS) will complete a random lottery to reach the annual cap of 85,000 H-1B visas.

Since the implementation of the online registration process in 2020, H-1B registration submissions have far exceeded the number of available visas each year. As an example, in FY 2022 employers submitted roughly 308,613 H-1B registrations (selecting 131,970), and by 2023 this figure increased to 483,927 registrations (selecting 127,600).

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In this blog post, we provide an immigration roundup regarding the latest immigration news.

USCIS Recommends AOS applicants submit all evidence with Form I-485, including Medical Examination

Those who are applying for adjustment of status should be aware that USCIS has recommended green card applicants submit all required initial evidence and supporting documentation at the time of filing the Form I-485.

This practice is recommended to avoid the issuance of a Request for Evidence (RFE). An RFE is issued where USCIS finds that further evidence or supporting documentation is needed to complete the adjudication of your case. It is also beneficial to submit all supporting evidence at the time of filing Form I-485 to avoid delays in the long-run, and where the immigration officer may find that an in-person interview is unnecessary, electing to waive the interview requirement.

Additionally, applicants are advised to submit Form I-693, Report of Medical Examination and Vaccination Record, at the same time of filing Form I-485. USCIS points out that the I-693 Medical Examination is valid for two years after the date the civil surgeon signed the examination. USCIS has also temporarily waived the requirement that the civil surgeon’s signature be dated no more than 60 days before filing Form I-485 until March 31, 2023.

Changes to Filing Location for Form I-360 and Form I-485 for Self-Petitioning Abused Spouses, Children, and Parents

USCIS has announced that beginning Friday, February 10, 2023, self-petitioning abused spouses, children, and parents must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and Form I-485, Application to Register Permanent Residence or Adjust Status, at the Nebraska Service Center instead of the Vermont Service Center.

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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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