Headlines
USCIS Reports Statistics on Employers and Beneficiaries for FY 2025 H-1B Cap Initial Registration – Following up on U.S. Citizenship and Immigration Services’ (USCIS) previous announcement that it had received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap), USCIS reported several statistics in an email blast.
USCIS Reminds Certain Employment-Based Petitioners to Submit Correct Fees – A new added FAQ asks, How can I make sure that my filing is not rejected at intake for incorrect fees? U.S. Citizenship and Immigration Services’ response emphasizes the differences between “small employer” and “nonprofit” status and includes examples with details.
CBP Issues 30-Day Request for Comments on Arrival/Departure Record and Electronic System for Travel Authorization – Comments are due by May 30, 2024.
DOL Amends Regulations on Certification for Temporary/Seasonal Nonimmigrant Agricultural Workers – Effective June 28, 2024, the Department of Labor is amending its regulations governing certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural work and enforcement of contractual obligations applicable to their employers.
USCIS Agrees to Refund Ukrainians for I-765 Fees – U.S. Citizenship and Immigration Services (USCIS) announced on April 24, 2024, that it is refunding all of the I-765 work permit fees collected from eligible Ukrainian parolees who entered as parolees after February 24, 2022.
DOS Issues Final Rule on Exchange Visitor Program Provisions – The Department of State issued a final rule, effective May 23, 2024, on Exchange Visitor Program regulations that apply to J-1 sponsors. The final rule includes a requirement for digital signatures when signing the Form DS-2019.
USCIS to Open International Field Offices in Qatar and Turkey – U.S. Citizenship and Immigration Services announced the opening of international field offices in May in Doha, Qatar, and Ankara, Turkey.
Cap Reached for Additional Returning Worker H-2B Visas for Early Second Half of FY 2024 – U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 19,000 H-2B visas made available for returning workers for the early second half of fiscal year 2024 with start dates from April 1 to May 14, 2024.
DOS Announces New Exchange Visitor Program for Japan – The program authorizes an exception under the Specialist category in the Exchange Visitor Program regulations to permit Japanese language and culture specialists to stay up to 36 months in the United States on J-1 visas.
USCIS Updates Fee Schedule for Petition for a Nonimmigrant Worker (I-129) – U.S. Citizenship and Immigration Services has updated its fee schedule for Form I-129, Petition for a Nonimmigrant Worker—H-1B and H-1B1 Petitions, to reflect the additional required fees for online filings.
DHS Provides Work Authorization for Certain Ethiopian and Palestinian Students in F-1 Nonimmigrant Status – Covered students may request employment authorization, work an increased number of hours while school is in session, and reduce their course loads while continuing to maintain their F-1 nonimmigrant status.
DOS Suspends Visa Services in Haiti – The U.S. Embassy in Port-au-Prince has suspended routine immigrant and nonimmigrant visa appointments until further notice.
DOJ Secures Agreement to Resolve Claims of Immigration-Related Discrimination at Washington University School of Medicine – The agreement resolves the Department of Justice’s determination that Washington University School of Medicine in St. Louis violated the Immigration and Nationality Act by discriminating against a worker, who had been granted asylum, based on his citizenship status and then retaliating against him for complaining about the discrimination.
Non-Minister Special Immigrant Religious Workers Category Extended – H.R. 2882, signed into law on March 23, 2024, extended the Employment Fourth Preference Certain Religious Workers (SR) category until September 30, 2024.
DOS Seeks Comments on Attestation for Employers Seeking H-2B Nonimmigrant Workers – The Department of State seeks comments on an Employment and Training Administration information collection request that supports a temporary final rule, Exercise of Time-Limited Authority to Increase the Numerical Limitation for Fiscal Year 2024 for H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking to Change Employers.
Expansion of Schedule A, Group II Definition to Support STEM Talent – The U.S. Citizenship and Immigration Services has expanded the “science or art” categories within Schedule A, Group II to include any field of knowledge or skill for which colleges and universities commonly offer courses leading to a degree.
New Audit Measures for EB-5 Regional Centers – The U.S. Citizenship and Immigration Services has announced new audit measures under the EB-5 Reform and Integrity Act of 2022, affecting all designated regional centers.
Employment Authorization Granted to Eligible Palestinians Under DED – Effective immediately, Palestinians covered by Deferred Enforced Departure are eligible to apply for work permits valid through August 13, 2025.
The News in Detail
USCIS Reports Statistics on Employers and Beneficiaries for FY 2025 H-1B Cap Initial Registration
Following up on U.S. Citizenship and Immigration Services’ (USCIS) previous announcement that it had received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap), USCIS reported several statistics in an email blast:
- The agency “selected 114,017 beneficiaries, resulting in 120,603 selected registrations in the initial selection for the FY 2025 H-1B cap.”
- During the registration period for the FY 2025 H-1B cap, the agency “saw a significant decrease in the total number of registrations submitted compared to FY 2024, including a decrease in the number of registrations submitted on behalf of beneficiaries with multiple registrations.”
- The number of unique beneficiaries this year for FY 2025 (approximately 442,000) was comparable to the number last year for FY 2024 (approximately 446,000). The number of unique employers this year for FY 2025 (approximately 52,700) was also comparable to the number last year for FY 2024 (approximately 52,000), USCIS said.
USCIS has notified all prospective petitioners with selected beneficiaries that they are eligible to file H-1B cap-subject petitions for those beneficiaries.
Details:
- USCIS alert (Apr. 1, 2024). See also FY 2025 H-1B Cap Registration Process Update (scroll down).
USCIS Reminds Certain Employment-Based Petitioners to Submit Correct Fees
U.S. Citizenship and Immigration Services (USCIS) announced on April 29, 2024, that it has updated its Frequently Asked Questions on the USCIS Fee Rule “to help certain employment-based petitioners understand how to submit the correct required fees.”
A new added FAQ asks, How can I make sure that my filing is not rejected at intake for incorrect fees? USCIS’s response emphasizes the differences between “small employer” and “nonprofit” status and includes examples with details on how USCIS determines the required fees based on the various types of petitions and the employer’s responses to questions in the petition, and how employers should answer the questions and calculate the fees.
For example, for Form I-129, Petition for a Nonimmigrant Worker, USCIS provides several tips, including:
Part 5, Question 14 asks for your “Current Number of Employees in the United States.” If you check “Yes” to Part 5, Question 15, and you answer Question 14 with a number greater than 25, then your supporting documentation should demonstrate how you calculated the number of full-time equivalent employees as 25 or fewer. If we cannot determine the number of full-time equivalent employees, we may reject your petition.
Details:
- USCIS alert (Apr. 29, 2024).
CBP Issues 30-Day Request for Comments on Arrival/Departure Record and Electronic System for Travel Authorization
U.S. Customs and Border Protection (CBP) seeks comments on the Arrival/Departure Record (Form I-94) and the Electronic System for Travel Authorization (ESTA).
Comments are due by May 30, 2024, using the method described in the notice, which also provides contact information for those seeking additional information.
Details:
- CBP notice, 89 Fed. Reg. 34262 (Apr. 30, 2024).
DOL Amends Regulations on Certification for Temporary/Seasonal Nonimmigrant Agricultural Workers
Effective June 28, 2024, the Department of Labor (DOL) is amending its regulations governing certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural work and enforcement of contractual obligations applicable to their employers. The revisions in the final rule “focus on strengthening protections for temporary agricultural workers and enhancing [DOL’s] capabilities to monitor program compliance and take necessary enforcement actions against program violators.” DOL said it determined the need for these revisions “through program experience, recent litigation, challenges in enforcement, comments on this rulemaking as well as on prior rulemakings, and reports from various stakeholders.”
The regulatory revisions include provisions to protect workers’ voices and empowerment; clarify termination for cause; designate an immediate effective date for adverse effect wage rate updates; enhance transparency for job opportunities and foreign labor recruitment; enhance transparency and protections for agricultural workers; enhanced enforcement capabilities; and the definitions and factors used in determining terms such as what constitutes a “single employer” or a “successor in interest.”
Details:
- DOL final rule, 89 Fed. Reg. 33898 (Apr. 29, 2024) (advance copy).
USCIS Agrees to Refund Ukrainians for I-765 Fees
U.S. Citizenship and Immigration Services (USCIS) announced on April 24, 2024, that it is refunding all of the I-765 employment authorization document (EAD) fees collected from eligible Ukrainian parolees who entered as parolees after February 24, 2022. The action is a result of a class action lawsuit against USCIS.
IMMpact sued USCIS in August 2022 for failing to carry out provisions in the 2022 Ukraine supplemental bill, which mandated that Ukrainian parolees be provided automatic, free employment authorization. As a result of the litigation, IMMpact noted, USCIS changed its policy to recognize automatic work authorization in November 2022 but failed to refund unlawfully collected I-765 EAD fees for applications received before that date. IMMpact filed a second suit in 2023 to recover those funds for tens of thousands of Ukrainians.
USCIS will refund the filing fee Ukrainians paid for their initial EADs if they:
- Were paroled under the Uniting for Ukraine process or were paroled between February 24, 2022, and September 30, 2023;
- Filed their initial Form I-765 between May 21, 2022, and November 21, 2022, based on their parole; and
- Paid a filing fee of $410.
IMMpact is a collaboration of the firms Bless Litigation in Boston, Massachusetts; Joseph & Hall in Denver, Colorado; Kuck Baxter in Atlanta, Georgia; and Siskind Susser in Memphis, Tennessee.
Details:
- IMMpact Litigation press release (Apr. 25, 2024).
- Refund information and form, USCIS (N.D.)
- For further information or updates on the lawsuit, email Greg Siskind at gsiskind@visalaw.com.
DOS Issues Final Rule on Exchange Visitor Program Provisions
The Department of State (DOS) issued a final rule, effective May 23, 2024, on J-1 exchange visitor program regulations that apply to sponsors that DOS designates to conduct international educational and cultural exchange programs. The final rule includes a requirement for digital signatures when signing the Form DS-2019, Certificate of Eligibility for Exchange Visitor Status.
DOS noted that most of the 64 commenters addressed two topics: sponsor preference for electronic signatures rather than digital signatures, and the need for sponsors to electronically transmit Forms DS-2019 directly to third parties acting on their behalf. After consideration, DOS has retained the requirement for digital signatures for signing Forms DS-2019, and it makes no changes to the list of entities to which sponsors may transmit Forms DS-2019 electronically. However, the final rule will allow third parties to retrieve Forms DS-2019 directly from sponsors’ password-protected computer network systems and/or databases. “This modification allows third parties to retrieve copies of digital Forms DS-2019 directly from sponsors that wish to give them such access,” the rule notes. DOS will also continue to allow sponsors to “wet sign” and physically mail Forms DS-2019 to exchange visitors and/or third parties.
DOS explained that a digital signature, which requires digital signature software, provides a “higher level of security” over an electronic signature.
Details:
- DOS final rule, 89 Fed. Reg. 30268 (Apr. 23, 2024).
USCIS to Open International Field Offices in Qatar and Turkey
On April 23, 2024, U.S. Citizenship and Immigration Services (USCIS) announced the opening of international field offices in May in Doha, Qatar, and Ankara, Turkey, available by appointment, “to increase capacity for refugee processing, strengthen strategic partnerships, and facilitate interagency cooperation.” USCIS Director Ur M. Jaddou said that opening these field offices “establishes a USCIS presence and expertise in critical locations in the Middle East.”
USCIS noted that the Biden administration set the refugee admissions ceiling for fiscal year 2024 at 125,000 refugees. Establishing USCIS field offices in Qatar and Turkey will support the U.S. Refugee Admissions Program’s infrastructure in the region and will directly support long-established and increasing USCIS refugee processing circuit rides, USCIS said.
With the opening of the Doha field office on May 7, 2024, and the Ankara field office on May 9, 2024, USCIS will have 11 international field offices. The others include Beijing and Guangzhou, China; Guatemala City; Havana, Cuba; Mexico City; Nairobi, Kenya; New Delhi, India; San Salvador, El Salvador; and Tegucigalpa, Honduras.
Details:
- USCIS news release (Apr. 23, 2024).
Cap Reached for Additional Returning Worker H-2B Visas for Early Second Half of FY 2024
U.S. Citizenship and Immigration Services (USCIS) announced on April 18, 2024, that it has received enough petitions to reach the cap for the additional 19,000 H-2B visas made available for returning workers for the early second half of fiscal year (FY) 2024 with start dates from April 1 to May 14, 2024, under the H-2B supplemental cap temporary final rule (FY 2024 TFR). USCIS said that April 17, 2024, was the final receipt date for petitions requesting supplemental H-2B visas under the FY 2024 early-second-half-returning-worker allocation.
USCIS said it is still accepting petitions for “H-2B nonimmigrant workers for the additional 20,000 visas allotted for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (country-specific allocation) who are exempt from the returning worker requirement, as well as those who are exempt from the congressionally mandated cap.”
Starting April 22, 2024, USCIS will begin accepting petitions for workers for the late second half of FY 2024, requesting employment start dates from May 15 to September 30, 2024. USCIS said that the 5,000 visas available under this allocation are limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2021, 2022, or 2023, regardless of country of nationality.
Details:
- USCIS alert (Apr. 18, 2024).
- Temporary Increase in H-2B Nonimmigrant Visas for FY 2024, USCIS (information on the 20,000 visas set aside for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica) (Apr. 18, 2024).
DOS Announces New Exchange Visitor Program for Japan
On April 19, 2024, the Department of State (DOS) announced a new international exchange visitor program for Japan. The program authorizes an exception under the Specialist category in the Exchange Visitor Program regulations to permit Japanese language and culture specialists to stay up to 36 months in the United States on J-1 visas.
The Japan Specialist Program “will expand educational and cultural exchange opportunities between the people of the United States and Japan, promote the interchange of knowledge and skills among foreign and U.S. specialists, and foster long-term mutual understanding and international cooperation with U.S. communities across the United States,” DOS said.
During their program, DOS said, exchange visitors from Japan “will share their specialized knowledge of Japanese language and education in the United States at community based, non-profit organizations, U.S. Government offices, secondary schools, or post-secondary academic institutions offering Japanese, and similar types of institutions to increase U.S. local communities’ understanding of Japan, its culture, and language. Selected experts in Japanese culture and language will gain a better understanding of U.S. culture and society and promote mutual enrichment by enhancing U.S. knowledge of Japanese culture, language, and educational systems.”
Details:
- DOS notice, 89 Fed. Reg. 28839 (Apr. 19, 2024).
USCIS Updates Fee Schedule for Petition for a Nonimmigrant Worker (I-129)
U.S. Citizenship and Immigration Services (USCIS) has updated its fee schedule for Form I-129, Petition for a Nonimmigrant Worker—H-1B and H-1B1 Petitions, to reflect the additional required fees for online filings.
According to the American Immigration Lawyers Association (AILA), USCIS made the update in response to an AILA query noting that “the information [previously] listed was unclear and could have been construed as an indication that the additional fees, such as the ACWIA fee, the Fraud Detection Fee and Asylum Program fee, were not required if a Form I-129 was filed online.”
Details:
- AILA Practice Alert (Apr. 19, 2024).
- USCIS Fee Schedule (I-129, Petition for a Nonimmigrant Worker—H-1B and H-1B1 Petitions) (Apr. 1, 2024).
DHS Provides Work Authorization for Certain Ethiopian and Palestinian Students in F-1 Nonimmigrant Status
The Department of Homeland Security’s U.S. Immigration and Customs Enforcement agency issued notices providing work authorization for certain Ethiopian and Palestinian students in lawful F-1 nonimmigrant status. Covered students may request employment authorization, work an increased number of hours while school is in session, and reduce their course loads while continuing to maintain their F-1 nonimmigrant status.
For covered Ethiopian students, the notice is effective June 13, 2024, through December 12, 2025. For covered Palestinian students, the notice is effective February 14, 2024, through August 13, 2025. See the Federal Register notices for additional details about eligibility.
Details:
- Ethiopian notice, 89 Fed. Reg. 26161 (Apr. 15, 2024).
- Palestinian notice, 89 Fed. Reg. 26156 (Apr. 15, 2024).
DOS Suspends Visa Services in Haiti
The Department of State has suspended visa services in Haiti. The U.S. Embassy in Port-au-Prince has suspended routine immigrant and nonimmigrant visa appointments until further notice.
Immigrant visa applicants who can travel to another U.S. embassy or consulate that processes immigrant visas and remain in that country for the duration of their visa processing should consider requesting the transfer of their case from U.S. Embassy Port-au-Prince using the instructions in the DOS notice.
DOS said that the U.S. Embassy in Port au Prince can only accept expedited nonimmigrant visa appointments for life-or-death medical emergencies (with proof of travel plans) or to facilitate travel for a child with a confirmed USCIS appointment for a naturalization interview based on a Form N-600K. Applicants can submit a request for an expedited NIV appointment by following the instructions at https://www.ustraveldocs.com/ht/en/nonimmigrant-visa. Nonimmigrant visa applicants may apply at any embassy or consulate where they are physically present and where appointments are available, DOS said.
Details:
- DOS notice (Apr. 15, 2024).
DOJ Secures Agreement to Resolve Claims of Immigration-Related Discrimination at Washington University School of Medicine
The Department of Justice (DOJ) announced on April 17, 2024, that it secured a settlement agreement with Washington University, a private university headquartered in St. Louis. The agreement resolves DOJ’s determination that the university’s medical school, known as Washington University School of Medicine in St. Louis (WashU School of Medicine), violated the Immigration and Nationality Act (INA) by discriminating against a worker based on his citizenship status and then retaliating against him for complaining about the discrimination.
Specifically, DOJ said that the Civil Rights Division’s Immigrant and Employee Rights Section (IER) determined that WashU School of Medicine discriminated against the individual, who had been granted asylum, when it repeatedly confronted him about his immigration status, his documentation, and his right to work, even though he had provided sufficient proof of his authorization to work. The department also determined that WashU School of Medicine retaliated against the worker when it terminated his employment for complaining about the discrimination.
Under the terms of the settlement agreement, the school will pay civil penalties of $4,465 to the United States and pay $3,264 in back pay, plus interest, to the affected worker. The agreement also requires the school to train its personnel on the INA’s antidiscrimination requirements, revise its employment policies, and be subject to departmental monitoring and reporting requirements.
Details:
- DOJ press release (Apr. 17, 2024).
- Settlement Agreement (Apr. 17, 2024).
Non-Minister Special Immigrant Religious Workers Category Extended
The Department of State’s Visa Bulletin for May 2024 notes that H.R. 2882, signed into law on March 23, 2024, extended the Employment Fourth Preference Certain Religious Workers (SR) category until September 30, 2024.
The bulletin states that no SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2024. Visas issued prior to that date will be valid only until September 29, 2024, and all individuals seeking admission in the non-minister special immigrant category must be admitted into the United States by midnight September 29, 2024.
The bulletin notes that the SR category “is subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.”
Details:
DOS Seeks Comments on Attestation for Employers Seeking H-2B Nonimmigrant Workers
The Department of State seeks comments on an Employment and Training Administration information collection request that supports a temporary final rule, Exercise of Time-Limited Authority to Increase the Numerical Limitation for Fiscal Year 2024 for H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking to Change Employers.
Details:
- DOS OMB notice, 89 Fed. Reg. 26937 (Apr. 16, 2024).
Expansion of Schedule A, Group II Definition to Support STEM Talent
In a significant development for employers and individuals involved in the STEM fields, the U.S. Citizenship and Immigration Services (USCIS) has announced an update to the definition of “Schedule A, Group II” occupations, which is part of the agency’s efforts to align more closely with the Department of Labor (DOL) definitions and streamline the permanent residency application process for high-achieving employees. This clarification, as outlined in the latest policy guidance from USCIS, expands the “science or art” categories within Schedule A, Group II, to include any field of knowledge or skill for which colleges and universities commonly offer courses leading to a degree. This change, effective immediately, is designed to enhance the utility of the Schedule A, Group II designation for employers sponsoring employees for permanent residency, particularly in sectors experiencing a shortage of qualified U.S. workers.
The updated policy now explicitly incorporates the DOL’s definition of “sciences or arts,” covering a broader range of occupations than previously eligible. This means that occupations in any field that commonly lead to a degree from higher education institutions, and that demonstrate exceptional ability, are now encompassed under the Schedule A, Group II designation. Importantly, this designation waives the labor market test requirement for EB-2 or EB-3 permanent residency sponsorship applications, facilitating a more efficient pathway to permanent residency for eligible employees. This policy update reflects the current administration’s commitment to retaining STEM talent within the United States and underscores the agency’s ongoing efforts to make the immigration process more accommodating for individuals with exceptional abilities in the sciences and arts.
Details:
- USCIS alert (Apr. 10, 2024).
New Audit Measures for EB-5 Regional Centers
The U.S. Citizenship and Immigration Services (USCIS) has announced new audit measures under the EB-5 Reform and Integrity Act of 2022, affecting all designated regional centers. Under the 2022 law, USCIS must conduct audits at least once every five years for each regional center. These audits are comprehensive, including a review of necessary documentation maintained by the regional centers and the flow of immigrant investor capital into their projects. This initiative aims to reinforce the credibility and reliability of the EB-5 program by verifying the accuracy of information provided in the regional center applications, annual certifications, and related investor petitions.
In terms of procedure, USCIS will implement audits based on the Generally Accepted Government Auditing Standard, starting April 23. This will provide a standardized approach to assess the regional centers’ compliance with laws and their eligibility for continued designation. It’s important for regional centers to understand that non-compliance during these audits, such as refusing a site visit or attempting to impede the audit process, may lead to termination of their designation. However, adverse findings from an audit do not automatically affect the status of EB-5 associated entities or petitioners unless they directly involve non-compliance or eligibility issues.
USCIS has created a website with additional resources for regional centers, including how to prepare for an audit, participating in an audit, and more.
Details:
- USCIS Alert (Apr. 9, 2024).
- EB-5 Regional Center Audits (Apr. 9, 2024)
Employment Authorization Granted to Eligible Palestinians under DED
U.S. Citizenship and Immigration Services (USCIS) has issued a significant update for Palestinians in the United States, as detailed in a recent Federal Register notice. Effective immediately, Palestinians covered by Deferred Enforced Departure (DED) are eligible to apply for Employment Authorization Documents (EADs) valid through August 13, 2025. This follows a memorandum issued by President Biden on February 14, 2024, which defers the removal of certain Palestinians present in the U.S. from the time of the announcement through August 13,2025. The memorandum directs the Department of Homeland Security to implement measures facilitating work authorization for eligible Palestinians and excludes individuals who entered the U.S. after February 14, 2024 from DED eligibility. Applicants will need to provide acceptable documentation, such as a Palestinian Authority passport or identification card, to support their applications.
Additionally, the announcement includes provisions for Special Student Relief for Palestinian F-1 nonimmigrant students, allowing them to request employment authorization, work more hours during the school session, and reduce their course load while maintaining their F-1 status. These measures aim to assist Palestinians in maintaining economic stability and educational pursuits during their stay in the U.S. under DED. USCIS has committed to adjudicating each EAD application on a case-by-case basis, ensuring a fair, humane, and efficient process.
Details:
- USCIS notice (Apr. 12, 2024).
