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 been notified of their selection and that they are eligible to file an H-1B cap subject petition for the beneficiary named in the selected registration. Registrant's online accounts will now show one of four statuses:
- Submitted: Registration has been properly submitted and will remain eligible for selection, unless subsequently invalidated, for any future selections that may occur in the fiscal year for which it was submitted.
- Selected: Registration was selected to file H-1B cap petition.
- Denied: If multiple registrations were submitted by or for the same registrant for the same beneficiary, they will be denied. If denied as a duplicate registration, all registrations submitted by the same beneficiary for the same registrant for this fiscal year will be denied.
- Invalidated-Failed Payment: This means that a registration was submitted but the payment method was declined.
H-1B cap-subject petitions for FY 2024 that have been selected during the initial electronic registration process can begin filing starting April 1, 2023. The petitions must be properly filed at the correct service center and within the filing period indicated on the registration notice. Selected registrants will be given at least 90 days to file their completed H-1B petition.
Online filing is not available for H-1B at this time, so all petitioners filing H-1B petitions must file by paper. A printed copy of the applicable registration selection notice with the FY 2024 H-1B cap- subject petition must be included in the paper filing.
**Please note: Selection in the registration process does not itself establish the eligibility for approval of an H-1B petition. Petitioners filing in under both the regular cap and the Master's cap must still establish eligibility. **
USCIS UPDATES POLICY ON TIMING FOR PAPER-BASED FILINGS AND RESPONSES
In an effort to address situations that arise when the last day to file a benefit request or respond to a USCIS action falls on a Saturday, Sunday, or federal holiday, USCIS has decided to consider a response “timely” if it is received by the end of the day on the next business day. Please note that the receipt date will reflect the date that USCIS physically received the request, though they will consider the benefit request or response to be timely filed. These changes are effective immediately and apply only to paper-based filings. Electronic filings or responses submitted electronically must abide by the date on the notice regardless of if the final date falls on a holiday, Saturday, or Sunday.
NEW LOCKBOX LOCATION FOR CERTAIN IMMIGRATION APPLICATIONS AND PETITIONS
On March 30, USCIS changed the filing location to Tempe, AZ for courier delivery services for FedEx, UPS, and DHL for the USCIS Phoenix lockbox. The filing location remains the same when using the U.S. Postal Service. The following forms are subject to this change in filing location: I-130, Petition for Alien Relative; I-131, Application for Travel Document;I-360, Petition for Amerasian, Widow(er), or Special Immigrant;I-485, Application to Register Permanent Residence or Adjust Status; and I-765, Application for Employment Authorization.
DOL OFLC AGREES TO REVIEW CASES WHERE THE PERM DENIAL WAS BASED ON QUESTION H.10-B
As of March 14, 2023, the DOL has agreed to immediately begin reviewing cases where the PERM denial was based on Question H.10-B of Form 9089. Guidance from the DOL Liaison Committee indicates that, if you have received a denial of Form ETA 9089 based on Question H.10-B, you should file an RFR indicating in your request that the case was denied on the basis of Question H.10-B. Additionally, if you have already filed your RFR or if your application is still pending, the Liaison Committee notes that no further action is needed at this time. While the DOL will immediately begin reviewing these cases, they note that it may take several weeks to process them all.
REMOVAL OF “60-DAY RULE” FOR REPORT OF IMMIGRATION MEDICAL EXAMINATION AND VACCINATION RECORD (FORM I-693)
USCIS is removing the requirement that civil surgeons sign Form I-693, Report of Immigration Medical Examination and Vaccination Record, no more than 60 days before an individual applies for an underlying immigration benefit. The goal of this is to allow USCIS to more swiftly adjudicate cases with immigration medical examinations that would previously have been considered invalid and would have necessitated the issuance of an RFE. Now, USCIS will be able to accept Form I-693 for adjudicative purposes for up to 2 years after the date the civil surgeon signed the form.