H-1B 2024 Cap Webinar

 MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, February 13, 2024 at 2PM Eastern (1PM Central).

Join us for this FREE webinar to learn more about:

• H-1B Cap Basics, Registration Process, and Projections
• What is a Specialty Occupation?
• H-1B Dependency
• Special Issues for Staffing Companies, Third Party Placements
• Employer-Employee relationships, end-client documentation
• Cap-gap for F-1s as well as CPT/OPT maintenance
• New H-1B Rules
• Top 10 things H-1B employers can do to stay compliant

PLEASE JOIN US!

FEBRUARY VISA BULLETIN: SLOW, STEADY PROGRESS. CAN IT CONTINUE?

The Department of State has just issued the February 2024 Visa Bulletin, which is the fifth of the 2024 US fiscal year.  This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

Employment- based	All Chargeability  Areas Except Those Listed	CHINA- mainland  born	INDIA	MEXICO	PHILIPPINES
1st	C	01JUL22	01SEP20	C	C
2nd	15NOV22	01JAN20	01MAR12	15NOV22	15NOV22
3rd	01SEP22	01SEP20	01JUL12	01SEP22	01SEP22

Table B: Dates of Filing

The USCIS is expected to use the Table B Dates of Filing chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

We were again encouraged to see slow, steady improvement of dates in most categories.  Philippine and All Other EB-3 moved ahead one month.  India EB-3 advanced one month.   We would not be surprised to see a few more small progressions this fiscal year in these categories.  China EB-3 unfortunately did not move ahead. 

There was modest progression of All Other EB-2 dates of two weeks, although India and China EB-2 remained the same as last month.

USCIS ANNOUNCES INCREASE TO PREMIUM PROCESSING FEE

On December 27, 2023, USCIS announced that the filing fee for Form I-907, Request for Premium Processing, will be increasing to adjust for inflation.

The fee change will go into effect on February 26, 2024. If USCIS receives a Form I-907 postmarked on or after February 26, 2024, with the incorrect fee, the Form I-907 will be rejected and returned.

The fee changes are as follow:

• Form I-129, Petition for a Nonimmigrant Worker will increase from $2500 to $2805, except for H-2B and R-1 petitions. For H-2B and R-1 petitions it will increase from $1500 to $1685.
• Form I-140, Immigrant Petition for Alien Worker will increase from $2500 to $2805.
• Form I-539, Application to Extend/Change Nonimmigrant Status will increase from $1750 to $1965.
• Form I-765, Application for Employment Authorization will increase from $1500 to $1685. Please note that premium processing for Form I-765 is only currently available for certain F-1 students.

Department of Homeland Security (DHS) will use the revenue generated by the premium processing fee increase to provide premium processing services, make improvements to adjudications processes, respond to adjudication demands (including reducing benefit request processing backlogs), and otherwise fund USCIS adjudication and naturalization services.

USCIS UPDATES GUIDANCE ON EMPLOYERS’ ABILITY TO PAY WHEN A BENEFICIARY PORTS TO A NEW EMPLOYER UNDER AC21

On January 05, 2024, the USCIS updated its policy manual to clarify how the UCSIS will determine an employer’s ability to pay when an employment-based green card applicant ports to a new employer under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21).

The AC21 allows certain employment-based green card applicants to port, or change employers, without filing a new Form I-140 petition. Under certain circumstances an employment-based green card applicant can change employers when their Form I-140 petition and Form I-485 application are concurrently filed and remain pending.

The USCIS has explained that when a green-card applicant changes employers while Form I-140 is pending, USCIS will only consider the facts existing at the time of filing when making an ability to pay determination. In other words, USCIS will only review initial evidence submitted with the Form I-140 petition (and any responses to Requests for Evidence) to determine if the petitioner has established its ability to pay from the priority date to the date of filing the I-140 petition.

USCIS UPDATES GUIDANCE FOR NONIMMIGRANT STUDENTS

On December 20, 2023, USCIS published a Policy Alert, announcing changes to its Policy Manual, specifically the guidance for F and M nonimmigrant students.  

The guidance clarifies that a student does not violate his or her nonimmigrant status by simply having a green card application pending with USCIS. A student in F and M status, upon entry to the US, is required to demonstrate that he or she has a foreign residence and plans to leave the US after finishing his or her studies. However, a student’s intent can change after arrival in the US. At the time the student enters in F or M status, a student can intend to leave the US at the completion of his or her schooling and then can later change his or her intent and decide to apply for a green card in the US.

The guidance also announced several additional cosmetic changes to the Policy Manual, including a few new chapters and transferring of section information.