Immigration Update

Aug 15, 2023 | Immigration Updates

In this edition, find the latest news on the September Visa Bulletin, the second H-1B Cap selection, new I-9 procedures, and more.

September Visa Bulletin Includes DV-2024 Results, Availability of Employment-Based Visas, Determination of Numerical Limit on Immigrants

The Department of State’s (DOS) Visa Bulletin for September includes Diversity Visa 2024 (DV-2024) lottery results, availability of employment-based visas during September, and determination of the numerical limit on immigrants for fiscal year (FY) 2023.

Diversity Visa Lottery Results
The bulletin notes that the Kentucky Consular Center in Williamsburg, Kentucky, has registered and notified the selectees who are eligible to participate in the DV-2024 program. Entrants registered for the DV-2024 program were selected at random from 22,185,619 qualified entries. The selectee numbers for each country are listed in the bulletin.

During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or two years of work experience in an occupation that requires at least two years of training or experience within the past five years. “Those selected will need to act on their immigrant visa applications quickly,” the bulletin advises. Approximately 143,000 prospective applicants (selectees and their spouses and children) have been registered. Once the total 55,000 visa numbers have been used, the program for fiscal year 2024 will end. Selectees who do not receive visas or status by September 30, 2024, will derive no further benefit from their DV-2024 registration, the bulletin says.

DOS said that the dates for the DV-2025 program registration period will be widely publicized in the coming months.

Availability of Employment-Based Visas

The bulletin explains that that employment-based number used by both U.S. Citizenship and Immigration Services (USCIS) and DOS has been steady during this fiscal year. As a result, most employment-based preference category limits and/or the overall employment-based preference limit for FY 2023 are expected to be reached during September. If the annual limit is reached, the preference category will immediately become unavailable.

Determination of Numerical Limit on Immigrants

DOS has determined that the employment preference numerical limit for FY 2023 is 197,091. For FY 2023, the per-country limit is 29,616. The dependent area annual limit is 2%, or 8,462.

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Second Random Selection Complete for FY 2024 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) has completed the second random selection process from previously submitted registrations for the fiscal year (FY) 2024 H-1B cap.

In March 2023, USCIS conducted an initial random selection. The initial filing period for those with selected registrations for FY 2024 was April 1, 2023, through June 30, 2023. Only petitioners with selected registrations for FY 2024 are eligible to file H-1B cap-subject petitions. USCIS noted that the period for filing the H-1B cap-subject petition will be at least 90 days and will be indicated on the registration selection notice. Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper, USCIS said. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2024 H-1B cap-subject petition.

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USCIS Reminds Employers About New I-9 Alternative Procedure

U.S. Citizenship and Immigration Services (USCIS) reminded employers that the new version of Form I-9, Employment Eligibility Verification, is now available for use. The new version incorporates an alternative procedure for E-Verify employers to remotely examine employee documents. Other changes include shortening the form to one page and reducing the instructions to eight pages.

Employers can use the form immediately, USCIS said. The Form I-9 dated “10/19/2019” may continue to be used through October 31, 2023. The version date can be found at the lower left corner of the form. Beginning November 1, 2023, only the new Form I-9 dated “08/01/23” may be used.

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CBP Mobile App Facilitates More Than 170,000 Appointments in Six Months

The Department of Homeland Security (DHS) announced on August 3, 2023, that the U.S. Customs and Border Protection (CBP) mobile app, CBP One, has facilitated more than 170,000 appointments in six months.

The CBP One app is free and available to migrants in Central and Northern Mexico to schedule appointments to present themselves at a port of entry (POE) along the southwest border with the United States. Individuals who present at one of eight POEs (Nogales, Brownsville, Eagle Pass, Hidalgo, El Paso, Calexico, and San Ysidro) with CBP One appointments along the southwest border are vetted and processed. The process includes biographic and biometric security vetting and background screening, DHS said.

DHS said the number of available appointments has increased to 1,450 per day, up nearly 50 percent from the 1,000 appointments per day on May 12, 2023, when the process started.

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USCIS Changes Receipt Process for L-1 Nonimmigrant Intracompany Transferees Under Previously Approved Blanket L Petition

U.S. Citizenship and Immigration Services (USCIS) announced changes to how the agency issues receipts for L-1 nonimmigrant intracompany transferees (executives, managers, or specialized knowledge professionals) under a previously approved blanket L petition.

USCIS said that when filing Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, together with Form I-129, Petition for a Nonimmigrant Worker, the petitioner will now receive two notices: the receipt notice and the approval notice (if approved). Petitioners will no longer receive a stamped and signed Form I-129S in conjunction with the Form I-129 approval. Instead, the petitioner will receive a separate approval notice for the Form I-129S, which serves as the endorsement.

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Immigration Update

In this edition, find the latest news on the implementation of new I-94 designations for L-2 and E-dependent spouse visa holders, USCIS changing maximum validity period for EADs for certain applicants, the DHS and VA launching new online resources for noncitizen service members and families, and more! New I-94 Designations for L-2 and E-Dependent Spouse Visa Holders Now Being Issued by U.S. Customs and Border Protection WR Immigration previously announced that USCIS planned to ease the work authorization process for certain E, L, and H-4 spouses. The new USCIS policy, which became effective on November 12, 2021, stated that USCIS will consider L and E spouses to be employment authorized incident to their valid E or L nonimmigrant status, and therefore able to engage in authorized employment immediately after obtaining their status without first having to obtain an EAD. However, this change required USCIS, in cooperation with U.S. Customs and Border Protection (CBP), to modify notations on Form I-94 to distinguish employment authorized E and L dependent spouses from E and L dependent children who are not eligible for employment. CBP has confirmed that, as of Jan. 31, 2022, Form I-94s are now being issued with “L-2S” designations for L-1 […]