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 registration. Employers new to filing H-1B petitions may sent up their “registrant” myUSCIS accounts beginning February 21, through the end of the registration period. USCIS will notify sponsoring employers of selected entries by March 31, 2023. All filing must be done online and employers must pay $10 per H-1B registration.

USCIS CLARIFIES PHYSICAL PRESENCE GUIDANCE FOR ASYLEES AND REFUGEES APPLYING FOR ADJUSTMENT OF STATUS

USCIS has updated guidance clarifying that both asylees and refugees must have been physically present in the United States for one year when their Form I-485 is adjudicated, rather than at the time they file their adjustment of status application. This guidance applies to all Form I-485 and N-400 applications that are pending as of February 2, 2023 and those filed on or after this date. An additional update was provided indicating that these applicants who were previously admitted on J-1 or J-2 visas and otherwise subject to the two-year foreign residence requirement under INA 212(e) do not need to meet that requirement or obtain a waiver to adjust their status under INA 209.

TEXAS GOVERNOR ABBOTT ENDORSES BILL PROHIBITING NATIONALS FROM CERTAIN COUNTRIES FROM PURCHASING LAND IN THE STATE

On January 15,2023, Governor Abbott endorsed a bill that, if passed, would ban citizens, governments and entities of China, Iran, North Korea and Russia from purchasing land in Texas. Under the bill, “purchase of or acquisition of title to real property by certain foreign individuals or entities would be prohibited.” Those subject to the ban include “governmental entities of China, Iran, North Korea or Russia; a company or other entity that is headquartered in China, Iran, North Korea or Russia, or an individual who is a citizen of China, Iran, North Korea, or Russia.” According to a National Foundation for American Policy analysis of the American Community Survey, there are approximately 80,000 non-U.S. Citizens born in these four countries who are residents of Texas. If passed, this bill would apply to F-1 students, H-1B visa holders and lawful permanent residents.