USCIS Opens New Service Center Focused on Humanitarian And Workload Cases

USCIS announced a new service center, the Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) center provides virtual support for qualifying matter types focused on humanitarian and workload cases. This center works in tandem with other USCIS service sites.

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Work Permits For Highly Skilled Workers’ Spouses Upheld

An Obama-era policy that granted employment authorization for spouses of highly skilled foreign workers remains active. A federal judge determined that the policy allowing spouses of H-1B visa holders to be eligible for an H-4 visa and work permits is not arbitrary and capricious, as argued by an organization of U.S. tech workers.

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Our Perspective: H-1B Options If Not Selected in the FY 2024 Cap

Due to unprecedented demand and, in turn, a lower percentage of selection, many are now wondering what their next step is.  If you were not selected, this doesn’t have to be the end of the road. You have H-1B options if not selected in the current FY2024 cap. This article provides a comprehensive guide regarding the alternatives available to you if you weren’t selected for the FY 2024 H-1B cap.

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Selections for FY2024 H-1B Cap Filings Announced

U.S. Citizenship and Immigration Services (USCIS) announced they received sufficient electronic registrations during the initial period to satisfy the FY2024 H-1B cap, including the advanced degrees (master’s cap). A random selection from complete and properly submitted registrations is complete. Individuals selected to submit their petitions for their specific beneficiary have been notified through the online account.

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The U.S. and Canada Update Asylum Agreement

Prime Minister Trudeau and President Biden announced an agreement between the United States and Canada to clarify where the respective countries can turn away asylum-seekers who enter their countries without authorization. The updated agreement applies to individuals who do not have U.S. or Canadian citizenship, cross the border at unofficial points, and are discovered within 14-days of crossing the U.S.-Canada border in either direction.

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Nonimmigrant Workers Options After Job Loss

U.S. Citizenship and Immigration Services clarified options available to individuals with employment-based visas after termination of employment. Options to the 60-day rule in which individuals must find employment are clarified, including options to remain in the U.S. after the 60-day grace period for nonimmigrant workers.

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USCIS Reminder: COVID Flexibilities End March 23, 2023

U.S. Citizenship and Immigration Services sent a reminder today, March 23, 2023, reminding all that COVID flexibilities are ending today. The original announcement was released in January 2023, setting the date of expiration and confirming it would be the last extension. If you have questions about how this may affect you, contact us at ILBSG.

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April 2023 Visa Bulletin: Retrogression Upon Us and on the Horizon

Retrogression is seen in both employment-based and family-based visas. Future retrogression appears to be on the horizon as well. For employment-based cases, In April 2023, USCIS is accepting AOS applications based on the Visa Bulletin Final Action Dates chart, rather than the Dates for Filing chart that it had been using for the past several months.

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USCIS Affirms Guidance and Provides Clarification on Employer Ability to Pay

USCIS recently provided an update on requirements for employers to prove their ability to pay. The policy alert focuses on whether the Petitioner has the Ability to Pay the Beneficiary’s proffered wage for each year from the Beneficiary’s priority date to the Present.

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Our Perspective: The H-1B Multiple Petition Rule and How to Overcome Inquiries

The H-1B multiple petition rule monitors multiple filings for the same individual and role. While the rule talks about “petitions” filed with USCIS, the Service is applying the same rule to H-1B registrations. Even in instances where a candidate registers through multiple companies but only files an actual H-1B petition through one company, USCIS is raising the issue.

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USCIS Makes It Easier to Obtain Evidence of Green Card Status

U.S. Citizenship and Immigration Service (USCIS) recently updated a less burdensome way for lawful permanent residents (LPRs), or commonly known as green card holders, to receive temporary evidence of their lawful permanent resident status. USCIS is now enabling LPRs to receive temporary evidence of their green card status by mail instead of appearing in person at their local field office.

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Presidential Committee Recommends H-1B Grace Period Extension for Laid Off Workers

A Presidential Advisory Committee recommends extending the grace period for H-1B visa holders to find new employment when laid off. In recent months, several large tech companies have announced successive layoffs, affecting many H-1B workers.

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USCIS Announces Extension for FY2024 H-1B Registration

USCIS extended the FY2024 H-1B registration period to Monday, March 20, 2023, at 5:00 pm Eastern Standard Time, due to issues experienced by some users in completing the payment process.

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USCIS Announces Changes to Regional Center Investor Filing Fee Requirements

The United States Citizenship and Immigration Services (USCIS) has announced that starting from March 15, 2023, petitioners filing Form I-526E, Immigrant Petition by Regional Center Investor, will no longer have to submit biometrics or pay the $85 fee. This decision by USCIS is based on its determination that biometric submission is not necessary to confirm compliance with the Immigration and Nationality Act.

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USCIS Policy Update for Employer’s Proof of Ability to Pay

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant petition adjudications.

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Bipartisan Bill Introduced to Help Eliminate Visa Backlogs

The Eliminating Backlogs Act of 2023 was introduced in the U.S. House of Representatives. The Act proposes changes to how employment-based visas are allocated annually.

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Companies Moving Foreign Talent Abroad to Avoid US Visa Delays

U.S. companies are increasingly moving key foreign employees abroad in order to retain them. The approach referred to as offshoring or nearshoring, gives companies the option to avoid the long delays and shortage of U.S. employee visa options and keep their teams intact.

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EB-5 Integrity Fund Payments Begin

The Department of Homeland Security EB-5 Integrity Fund is now requiring payments from regional centers. The funds will be used to support the detection and investigation of fraud and other immigration crimes.

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$150k Fine Over Unplaced H-1B Worker Supported by DOL

The U.S. Department of Labor (DOL) appeals board supported a penalty levied against a tech recruitment firm. The firm violated the Immigration and Nationality Act (INA) when it did not place the H-1B visa holder and failed to make promised salary payments, as per the Labor Condition Application (LCA) and the H-1B filing.

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USCIS Issues Policy Alert on Evaluation of Eligibility for O-1B Visa Classification

U.S. Citizenship and Immigration Services (USCIS) issued a policy alert regarding the evaluation of eligibility for the O-1B visa classification. This policy guidance aims to provide clarification on how USCIS evaluates evidence to determine eligibility for the O-1B visa classification.

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