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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April 2022 Visa Bulletin Update

The Department of State has issued its April 2022 Visa Bulletin.  There is little to no movement in the final action dates for most employment-based preference categories.  India EB-2 will advance by a little over two months to July 8, 2013.  Final action dates for India EB-3 and China EB-2 and EB-3 professionals and skilled workers will remain the same as in March.  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.  Despite little movement in the final action dates, India EB-2 dates for filing will advance one year, to September 1, 2014.  Additionally, USCIS has announced that the dates for filing will be used when determining filing eligibility for adjustment of status.  Dates for filing for India EB-3 and China EB-2 and EB-3 professionals and skilled workers will remain the same as in March. EB-5 Non-Regional Center cases remains current for all countries. Although the Regional Center program was reauthorized by recent legislation, Regional Center cases are still listed as Unavailable in April, pending the legislation taking effect.  Additionally, the new legislation allows concurrent processing for pending and new EB-5 cases.  As such, Chinese mainland individuals […]

Immigration Update

In this edition, find the latest news on a Second H-1B Lottery, the Visa Bulletin, STEM Degrees added to Program List, and much more! Second H-1B Lottery Selection Just Announced On July 30, 2024, USCIS announced that it will conduct a second round of the H-1B cap lottery.   After initial selection in March, USCIS recently determined that it would need to select additional registrations for unique beneficiaries to reach the FY2025 regular cap numerical allocation. Master’s cap but the regular cap has not.  The second random selection will include registrations submitted in March 2024.  While USCIS is including those registrations that indicated eligibility for both the master’s cap and the regular cap, selected registrations will be counted under the regular cap. Once the lottery selection is completed, USCIS will make an announcement. Impact:  Employers should expect the random selection to be conducted soon by USCIS.  USCIS will notify petitioners and their attorneys of selections and status may be checked using USCIS online accounts.  If selected, petitioners will have 90 days to file the H-1B petition.  The first day of H-1B cap eligibility is October 1st.  Back to Top Visa Bulletin: No Further Retrogression in EB-3 Category for August The Department of […]