News

USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances We would like to bring to your attention the recent policy guidance provided by the U.S. Citizenship and Immigration Services (USCIS) regarding the eligibility criteria for initial and renewal applica...

DOS Fee Increase for NIV and Special Visa Applications Delayed until June 17 The implementation of fee increases for NIV application processing fees and Border Crossing Card fees has been delayed. Originally set to take effect on May 27, 2023, the new fees will now be implemented on June 17, 202...

OFLC Continues to Provide Guidance on Form ETA-9089 in FLAG   The Department of Labor (DOL) has released a new form titled "Form ETA-9089, Final Determination." This form is specifically intended for use when submitting a Form I-140 petition to USCIS in support of a Schedule A or National Inter...

Form ETA-9089 Submissions for PERM in Flag Deployed on June 1 The Office of Foreign Labor Certification (OFLC) has an exciting notice for employers and individuals involved in the PERM labor certification process. On June 1, 2023, the PERM module in the FLAG (Foreign Labor Application Gateway)...

DOS Implements Measures to Expedite Visa Processing The DOS has implemented new technology and improved coordination to reduce the number of visa applications that require administrative processing on security grounds. Since October 2022, the majority of cases that previously required additional...

H-1B and LCA Compliance Protocol: Lesson Learned A recent case involving Peri Software Solutions, Inc. has highlighted the significance of complying with H-1B regulations. The Department of Labor's Wage and Hour Division found that the company owed $1,456,4222 in back wages to 163 H-1B workers d...

Larsen & Toubro Technology Services Settles Dispute by Paying $9.9 Million L&T Technology Services, LTD has agreed to pay $9.9 million to resolve a dispute over visa fees. It was alleged that between 2014 and 2019, the company underpaid USCIS fees by using B-1 visas instead of H-1B visas, which...

H-1B Visa Registration Numbers Show Demand Far Exceeds Supply; Changes Are Necessary to Ensure Integrity of the System The demand for H-1B visas, which allow foreign workers to work in the US, far exceeds the supply. The registration system has flaws that have made it vulnerable to exploitation,...

More than 780,000 registered for the H-1B Lottery in FY 2024 against about 80,000 H-1B visas (Only 350,000 applicants for H-1B visas submitted one entry into the lottery this year; the rest of 431,000 cases were part of the double to triple filing for the same person) This past H-1B CAP lottery...

MAY 2023 VISA BULLETIN According to the May Visa Bulletin, employment-based preference adjustment of status filings, USCIS will continue to use the Final Action Dates chart that was used in April. EB-1 for India and China will maintain their Final Action cutoff date of February 1, 2022 and Dates...

Delay in issuing PERM (Labor Certification) and Prevailing Wage  As per the DOL FLAG page, there is still a considerable delay in issuing the PERM approval and Prevailing Wage. As of March 31, 2023, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in July 2022 or earlier,  and processing audited cases with priority dates of April 2022 or earlier. DOL is working on standard reconsideration requests that were filed in July 2022 or earlier.

ALTERNATIVES TO THE H-1B LOTTERY Please contact us soon so we can explore various U.S. and global visa categories for employers and non-selected H-1B lottery employees to consider. Whether you are sending this employee overseas or transferring his or her status to H-3, J-1, O-1, day-one CPT, EB-...

USCIS ANNOUNCES THAT FY 2024 H-1B CAP HAS BEEN MET USCIS has received enough electronic registrations during the initial registration period to fill the FY 2024 H-1B numerical allocations, including the advanced degree exemption Master's cap. All prospective applicants who were selected have bee...

USCIS ANNOUNCES END OF COVID-RELATED FLEXIBILITIES USCIS has notified the public that the Covid-related flexibilities in responding to several types of notices and requests have ended. First announced in March 2020, during the height of the Pandemic in the United States, USCIS began granting an ...

U.S. PASSPORT RENEWAL SUBJECT TO INCREASING DELAYS Earlier this year, routine U.S. passport renewals were taking roughly between 6-9 weeks, with expedited renewal petitions taking roughly half of that time, between 3-5 weeks. However, as of recent, the processing time has increased to 8-11 week...

USCIS INCREASES FEE FOR EB-5 REGIONAL CENTER PROGRAM The Department of Homeland Security announced on March 2, 2023 that the annual fees to be collected for the “EB-5 Integrity Fund” will be increased. The increased revenue will be primarily used to administer the EB-5 Regional Center Program. ...

CERTAIN NONIMMIGRANT VISA APPLICANTS WHO WERE DENIED WAIVER WILL BE ABLE TO REAPPLY Following a district court ordered, the U.S. government will provide relief to approximately 41,000 nonimmigrant visa applicants who were denied a waiver during the Trump administration's travel ban and who have ...

USCIS ANNOUNCES REGISTRATION SCHEDULE FOR FY 2024 H-1B CAP SEASON The H-1B cap registration period for FY 2024 will open at noon ET on March 1, 2023 and will close at noon ET on March 17, 2023. Prospective H-1B cap employers may use their “registrant” myUSCIS accounts for FY 2024 cap registratio...

H-1B CAP SEASON FOR 2024 OPENS MARCH 1   The FY-2024 H-1B lottery registration window opens March 1, 2023 and will remain open until 12pm ET March 17, 2023. The lottery allocation system is based on random selection and closes once the cap has been met, so filing as soon as possible is re...

USCIS SETTLES LAWSUIT WHICH SHOULD STREAMLINE EADS FOR H-4 AND L-2 DERIVATIVES In a recently signed settlement, USCIS agrees to return to bundling the adjudication of I-539s and I-756s for H-4 and L-2 derivative along with the underlying I-129 petition when these forms are filed together. Prior...

FEBRUARY 2023 VISA BULLETIN Next month, EB-1 India and China will maintain their Final Action cutoff date of February 1, 2022 and their Dates of Filing cutoff date of June 1, 2022. EB-2 India Final Action date stays at October 8, 2011. The EB-2 India Dates for Filing cutoff will remain at May 1,...

USCIS RELEASES PROPOSED FEE INCREASES FOR MULITPLE FORMS TO OFFSET COST OF ASLYUM ADJUDICATION U.S. Citizenship and Immigration Services published a proposal last week of certain fee increases that they intend to implement as a way to increase their ability to fund the asylum program. A fee of ...

USCIS ISSUES PROPOSED RULE FOR FEE CHANGE FOR CERTAIN APPLICATIONS In an attempt to “fully recover its operating costs, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs,” USCIS has proposed a fee increase on certain nonimmigrant worker petitio...

    E-VERIFY RENEWS ABILITY FOR EMPLOYERS TO SIMULTANEOUSLY UPLOAD MULTIPLE HIRING SITES   E-Verify has restored the ability for employers, employer agents, and corporate administrators to upload multiple hiring sites simultaneously. This feature will allow increased efficiency for ...

DHS PUBLIC CHARGE FINAL RULE GOES INTO EFFECT DECEMBER 23, 2022 On December 23, 2022, the Department of Homeland Security's Public Charge Ground of Inadmissibility rule will go into effect. The rule attempts to provide “clarity and consistency for noncitizens on how DHS will administer the publi...