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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Creating a Path to Citizenship: Update on President Biden’s Legislative Proposal for Immigration Reform

Within his first 100 days of office, President Biden introduced a 353-page comprehensive immigration reform bill that would provide a path to citizenship to undocumented children, address the root causes of migration, make efforts to responsibly manage the southern border, reform the immigrant visa system, and serve other goals. But what are the odds that President Biden’s ambitious plans for immigration reform will pass and become enacted into law? Given narrow party divisions in the House and Senate, large-scale immigration reform has been historically difficult to push through Congress.  Piecemeal legislation has a much higher chance of surviving the legislative process. At present, lawmakers are focused on incorporating a pathway to citizenship into President Biden’s multitrillion dollar reconciliation package under consideration by Congress. The budget plan, which passed in the House of Representatives in late August, includes provisions to facilitate legal permanent residency for undocumented children, Temporary Protected Status (TPS) holders, and farmworkers.  It also earmarks $107 billion for immigration and border security. However, special rules restrict the type of measures that can be passed as part of budget reconciliation, and it is uncertain whether language concerning immigration reform will remain intact.    Senate Democrats will be meeting with the […]

Immigration Update

In this edition, find the latest news on the April Visa Bulletin, COVID-19 flexibilities, the H-1B electronic registration selection process, and more!  April Visa Bulletin Shows Worldwide EB-4 Backlog of 5+ Years, EB-2 Retrogression EB-5 Backlog DOS is no longer including a separate column covering applicants chargeable to El Salvador, Guatemala, or Honduras in the charts titled, “Final Action Dates for Employment-Based Preference Cases” and “Dates for Filing of Employment-Based Visa Applications,” for applicants who are seeking an immigrant visa in the EB-4 category. Final action and filing dates for applicants from these three countries are now provided in the column headed “All Chargeability Areas Except Those Listed.”  Previously, DOS was applying the per-country limit to the EB-4 subcategory, which made the “North Central American” (NCA) countries of El Salvador, Guatemala, and Honduras oversubscribed, but preserved religious worker priority dates as “current” for all other chargeability areas. DOS has now announced that it interprets the limit to apply to the family/employment-based system as a whole and not within each category. In other words, because the NCA countries are not oversubscribed in the total family/employment system, DOS cannot set a cutoff for them separately within the EB-4 category.  EB-2 Retrogression  EB-2 […]