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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June 2022 Visa Bulletin

The Department of State has issued its June 2022 Visa Bulletin, and the most notable update is a significant advancement in the India EB-2 final action dates, which will advance by a full year to September 1, 2014. There is little movement in the final action dates for most other employment-based preference categories. Final action dates remain unchanged from May 2022 for China EB-2, and India and China EB-3. All other countries under EB-2 and EB-3 will remain current, and EB-1 also remains current for all countries including India and China. There is also little movement in the dates for filing chart, although USCIS has announced that the final action dates chart must be used in June, which is a change from prior months, and, for Indian nationals, means that anyone with a priority date of September 1, 2014 or earlier will be eligible to file an adjustment of status in June. For EB-5 cases, the June visa bulletin combined the unreserved direct (C5 and T5) with the pre-Regional Center lapse categories (R5 and I5) and established a final action date of November 11, 2015 and application filing date of December 15, 2015 for mainland China, due to sufficient demand […]

President Trump Extends Presidential Proclamation 10052 Impacting Immigrant and Non-immigrants

Overview On June 22, 2020, Presidential Proclamation 10052 entitled “Suspension of entry of Immigrants and Nonimmigrants Who Present a Risk to the United States labor Market During Economic Recovery Following the 2019 Coronavirus Outbreak” was issued to suspend new nonimmigrant visas, purportedly in response to the COVID-19 pandemic. The impacted visa categories are: (1) intra-company transfers to non-citizens already employed by American businesses (L-1A and L-1B); (2) highly-skilled workers coming to America temporarily to perform services in a specialty occupation for which they are uniquely qualified (H-1B); (3) seasonal laborers responding to proven domestic labor shortages (H-2B); and (4) certain cultural exchange (interns, trainees, teachers, camp counselors, au pairs, and summer work travel programs participants) (J). On December 31, 2020, PP 10052 has been extended to March 31, 2021. For more information about this Presidential Proclamation, please read our FAQ. Who is impacted? Foreign nationals outside of the United States who have expired H-1B/H-4, L-1/L-2, or J-1/J-2 (only impacted programs) visa stamps, are barred and will need to wait until AFTER the validity of this travel ban proclamation to return to the U.S. Foreign nationals inside the United States with expired H-1B/H-4, L-1/L-2, or J-1/J-2 (only impacted programs) visa stamps, should NOT travel internationally for […]