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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5 Things to Know About the Proposed New EB-5 Filing Fee Increases

By Joey Barnett The White House received the final rule containing new USCIS fees on Monday, January 8, 2024, and the Final Fee Rule should be published within the next few weeks. USCIS has stated that a significant increase in immigration filing fees is necessary to costs and better manage its workload. Once published in the Federal Register the increase is likely to take effect 60 days later. Here are five things to know for EB-5 immigrant investors and Regional Centers: USCIS says current fees do not cover costs and they need an increase to avoid backlogs as 96% of its funding is from filing fees. 2. New I-526/I-526E Filing Fee May Be $11,160. The proposed increase for Form I-526 (direct) and Form I-526E (regional center) petitions is an increase of 204% from $3,675 to $11,160. Avoid wasting $7,485 by filing in the next month or two. 3. New I-829 Filing Fee May Be  $9,525.          The proposed increase for Form I-829 petitions in an increase of 154% from $3,750 to $9,525. Avoid wasting another $5,775 if you will be within the 90-day window to file your removal of conditions soon. 4. New I-956 Filing Fee May Be $47,695.        The increase […]

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 […]