Immigration Update

Feb 28, 2024 | Immigration Updates

In this edition, find the latest news on E-Verify+ services, Premium Processing Fees, CIS Ombudsman tips, and much more!

E-Verify to Pilot ‘Next Generation’ Service in Spring 2024

E-Verify announced on February 22, 2024, that it will launch its “next generation” service, E-Verify+, as a pilot in spring 2024. E-Verify said the “plus” in E-Verify+ represents benefits the new service will provide to employers and employees, including “added efficiency” for employers and “more control over their personal information” for employees.

E-Verify+ will include streamlining of Form I-9 and the employment eligibility verification process. Feedback will be sought as part of the pilot process. Updates will be posted on E-Verify.gov.

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Reminder: Premium Processing Fees Will Increased

The Alliance of Business Immigration Lawyers is reminding its clients that fees for Form I-907, Request for Premium Processing, will increase on February 26, 2024. The table below summarizes the increases by type of petition.

FormPrevious Premium Processing FeeNew Premium Processing Fee
Form I-129, Petition for a Nonimmigrant Worker$1,500 (H-2B or R-1 nonimmigrant status) $2,500 (all other available Form I-129 classifications)$1,685 (H-2B or R-1 nonimmigrant status) $2,805 (all other available Form I-129 classifications)
Form I-140, Immigrant Petition for Alien Worker$2,500 (employment-based classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW))$2,805 (employment-based classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW))
Form I-539, Application to Extend/Change Nonimmigrant Status$1,750 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2)$1,965 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2)
Form I-765, Application for Employment Authorization$1,500 (certain F-1 students with categories C03A, C03B, C03C)$1,685 (certain F-1 students with categories C03A, C03B, C03C)

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CIS Ombudsman Releases Tips on How to Avoid Getting Locked Out of Your USCIS Account

On February 14, 2024, the Office of the Citizenship and Immigration Services (CIS) Ombudsman released a tip sheet on how people with individual U.S. Citizenship and Immigration Services (USCIS) online accounts can maintain access and avoid getting locked out of their accounts.

The tips include how to create a strong password, the importance of logging in regularly to maintain access (the tip sheet suggests “once a month or once every few months”), what to do when locked out, how to reset a password, security considerations, and how USCIS’s Technical Help Desk works to assist with account access.

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ETA Extends Comment Period for Responses to PERM Schedule A Request for Information

The Department of Labor’s Employment and Training Administration (ETA) has extended the comment period for responses to its PERM Schedule A Request for Information (RFI). ETA said it has received “a very limited number of comments, only a few of which have responded to the questions posed in the RFI.” The public comment period was set to conclude on February 20, 2024, but has been extended to May 13, 2024.

As background, on December 21, 2023, ETA published the RFI, soliciting public input on potential revisions to Schedule A of the permanent labor certification process to include occupations in science, technology, engineering, and mathematics (STEM), including artificial intelligence-related occupations and non-STEM occupations, for which there may be an insufficient number of ready, willing, able, and qualified U.S. workers.

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President Orders Deferred Enforced Departure for Palestinians in the United States

On February 14, 2024, President Biden directed the Secretary of Homeland Security to grant Deferred Enforced Departure (DED) to Palestinians in the United States for 18 months, with some exceptions. He further directed the Secretary to authorize employment for Palestinian noncitizens whose removal has been deferred for the duration of such deferral, and “to consider suspending regulatory requirements with respect to F-1 nonimmigrant students who are Palestinians.” The Biden administration said it is taking these actions to give Palestinians in the United States a “temporary safe haven” due to deteriorating humanitarian conditions in Gaza.

The memorandum lists exceptions to DED for Palestinians, including those who have not continuously resided in the United States since February 14, 2024, who have voluntarily returned to the Palestinian territories after that date, who are inadmissible under certain provisions of U.S. immigration law or subject to extradition, who have been convicted of any felony or two or more misdemeanors committed in the United States, or who the Secretary deems a danger to public safety.

According to reports, about 6,000 Palestinians are eligible for DED under the memorandum.

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Breaking Immigration News for Employers

Annual Limit Reached in the EB-3 and EW Categories All legally available visas in the EB-3 (3rd preference) and EW (Other Workers) categories for FY 2024 have been issued.  Embassies and consulates should have been allocated enough numbers for all applicants which were scheduled by NVC for their initial interview during the month of August or September.  The fact that the annual limit has been reached means that those posts cannot request additional numbers which may have been required to process “comeback” cases from previous months. The Department of State characterizes this milestone as having facilitated travel including for healthcare workers, for example Schedule A Nurses.  Practically speaking, Schedule A Nurses likely contributed in large part to the demand for EB-3 Immigrant Visas causing the limit to be reached already.  Annual limits will reset on October 1, 2024 (start of FY 2025), at which time embassies and consulates, and USCIS may resume issuing EB-3 and EW visas to qualified applicants under the FY 2025 annual limits. Charlie Oppenheim, Director of Visa Consulting at WR and retired Visa Chief of the Department of State, clarifies that the FY 2024 visa limit being reached won’t affect applicants who were scheduled for their initial August or September […]

Immigration Update

In this edition, find out more about the third round of random H-1B Cap Registration selections, the immigration provisions in the “Build Back Better Act,” a major change in work authorization policy for certain nonimmigrant dependent spouses, and more. USCIS Conducts Third Random Selection From Previously Submitted FY 2022 H-1B Cap Registrations U.S. Citizenship and Immigration Services (USCIS) announced that on November 19, 2021, it selected additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption. This follows a second random selection in July 2021, after the initial selection in March. USCIS said the petition filing period will begin November 22, 2021, and close on February 23, 2022. Those with selected registrations will receive a selection notice in their myUSCIS accounts with details about when and where to file. For a better understanding of how employers can best prepare for H-1B Cap Registration, consider attending WR Immigration’s webinar tomorrow, Nov. 23rd, at 11a Pacific. Register now! Details: USCIS alert, Nov. 19, 2021, https://www.uscis.gov/newsroom/alerts/uscis-conducts-third-random-selection-from-previously-submitted-fy-2022-h-1b-cap-registrations Build Back Better Act, Passed in House, Includes Immigration Provisions; Senate’s Next The House of Representatives passed the $1.75 trillion “Build Back Better Act” budget reconciliation bill, 220-213, on November […]