Immigration

Immigration News - September 2023

Second Random Selection from Previously Submitted Registrations Complete for FY 2024 H-1B Cap

USCIS recently announced that we would need to select additional registrations to reach the FY 2024 H-1B numerical allocations. We now have randomly selected, from the remaining FY 2024 registrations properly submitted, a sufficient number of registrations projected as needed to reach the cap, and have notified all prospective petitioners with selected registrations from this round of selection 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 may file H-1B cap-subject petitions for FY 2024, and only for the beneficiary named in the applicable selected registration notice.

An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2024 H-1B cap-subject petition.

Registration selection only pertains to eligibility to file an H-1B cap-subject petition. Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval based on existing statutory and regulatory requirements.

Source: Click here

USCIS Exempts Biometric Services Fee for all Form I-539 Applicants including H4,L2 and E

U.S. Citizenship and Immigration Services (USCIS) today announced that it is exempting the biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant Status.

Beginning Oct. 1, we are exempting the $85 biometric services fee as part of the application process for Form I-539. You do not need to pay the fee if your application is postmarked Oct. 1 or later. However, if you file Form I-539 prior to Oct. 1, certain filers will still be scheduled for an ASC appointment and should still attend that appointment as scheduled. In most cases, after Oct. 1 applicants will not be scheduled to attend a biometric services appointment. However, if USCIS determines that biometrics are required, the applicant will receive a notice with information about appearing for their biometric services appointment.

If you mistakenly submit the biometric services fee and the payment is submitted separately from the Form I-539 fee, we 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, this is considered an incorrect filing and we will reject the Form I-539. If you mistakenly authorize a credit card payment that combines the biometric services fee with the Form I-539 application fee, we will accept the application, and only charge the application fee.

The biometric services fee exemption will apply to all applicants filing on or after Oct.1, 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 for whom USCIS had previously suspended the biometrics requirement through Sept. 30, 2023. As mentioned in the USCIS Fiscal Year 2022 Progress Report (PDF, 1.08 MB), we are committed to accomplishing our goal of removing the biometric services fee and requirement for all Form I-539 applicants.

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October Visa Bulletin

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

For October, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01FEB19. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO, with priority dates beginning 01FEB19 and earlier than 08FEB19. All F2A numbers provided for MEXICO are exempt from the per-country limit.

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW final action date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. For Fiscal Year 2024 this reduction will be limited to approximately 150.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-october-2023.html

The Contributor of these articles is, Madhurima Boyapati Paturi. She is current Immigration/Legal Chair for ATA.

Disclaimer: The information provided here in is for public service and may not apply to any specific or particular circumstance. This information is not intended as, and should not be taken as, legal advice .Please consult an attorney about your particular factual and legal circumstances.