Headlines:

USCIS Proclaims Registration Interval, Directions, and Updates for FY 2025 H-1B Cap Season – U.S. Citizenship and Immigration Providers introduced that the preliminary registration interval for the fiscal yr 2025 H-1B cap season will open at midday ET on March 6, 2024, and run via midday ET on March 22, 2024.

USCIS Points Closing Rule With New Submitting Charges – U.S. Citizenship and Immigration Providers printed a remaining rule, efficient April 1, 2024, to regulate sure immigration and naturalization profit request charges. The ultimate rule consists of payment will increase for numerous classes.

World: The Netherlands – This text discusses the precept of single nationality in Dutch regulation and the proportionality check, and the way they work in follow.

Particulars:

USCIS Proclaims Registration Interval, Directions, and Updates for FY 2025 H-1B Cap Season

U.S. Citizenship and Immigration Providers (USCIS) has introduced that the preliminary registration interval for the fiscal yr 2025 H-1B cap season will open at midday ET on March 6, 2024, and run via midday ET on March 22, 2024. Throughout that interval, potential petitioners and their representatives, if relevant, should use a USCIS on-line account to register every beneficiary electronically and pay the related registration payment.

The ultimate rule makes a number of modifications. For instance:

• As a substitute of choosing by registration, USCIS will choose registrations by distinctive beneficiary. Every distinctive beneficiary who has a registration submitted on their behalf will probably be entered into the choice course of as soon as, no matter what number of registrations are submitted on their behalf.
• Begin date flexibility will probably be supplied for sure H-1B cap-subject petitions. Submitting will probably be permitted with requested begin dates which might be after October 1 of the related fiscal yr.
• Registrations should embrace the beneficiary’s legitimate passport info or legitimate journey doc info, and a beneficiary is prohibited from being registered underneath a couple of passport or journey doc. USCIS mentioned the modification to permit for a sound journey doc “is meant to narrowly accommodate stateless people, refugees, and others who’re unable to acquire legitimate passports, and is immediately in response to public feedback.”

Particulars:

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USCIS Points Closing Rule With New Submitting Charges

U.S. Citizenship and Immigration Providers (USCIS) printed a remaining rule, efficient April 1, 2024, to regulate sure immigration and naturalization profit request charges. The ultimate rule consists of payment will increase for numerous classes, corresponding to:

• I-129 H-1B (named beneficiaries), from $460 to $1,080
• I-129 H-1B (named beneficiaries, small employers and nonprofits), from $460 to $540
• I-129 L Nonimmigrant Staff, from $460 to $1,385
• I-129 L Nonimmigrant Staff (small employers and nonprofits), from $460 to $695
• I-526/526E Immigrant Petition by Standalone Regional Heart, from $3,675 to $11,160

Amongst different issues, the ultimate rule additionally:

• Imposes a brand new Asylum Program Price to be paid by employers who file both a Type I-129, Petition for a Nonimmigrant Employee, Type I-129CW, Petition for a CNMI-Solely Nonimmigrant Transitional Employee, or Type I-140, Immigrant Petition for Alien Employee. The payment will probably be $0 for nonprofits; $300 for small employers (outlined as corporations or people having 25 or fewer full-time staff); and $600 for all different filers of Kinds I-129 and I-140.
• Permits for half-price Employment Authorization Doc functions for adjustment of standing candidates and a diminished payment for adjustment of standing candidates underneath the age of 14 in sure conditions; and
• Implements a typical $50 low cost for many on-line filers. The low cost doesn’t apply “in restricted circumstances, corresponding to when the shape payment is already supplied at a considerable low cost or USCIS is prohibited by regulation from charging a full price restoration stage payment.”

Particulars:

• USCIS remaining rule, 89 Fed. Reg. 6194 (Jan. 31, 2024).
• USCIS FAQ on payment rule (Jan. 31, 2024). The FAQ features a full record of the revised varieties efficient April 1, 2024, together with the brand new charges. USCIS mentioned it should settle for prior editions of most varieties throughout a grace interval from April 1, 2024, via June 3, 2024. Through the grace interval, USCIS will settle for each earlier and new editions of sure varieties, filed with the right payment.

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World: The Netherlands

This text discusses the precept of single nationality in Dutch regulation and the proportionality check, and the way they work in follow.

One strong precept of Dutch nationality regulation is that twin nationality should be averted. Because of the Tjebbes ruling by the European Union (EU) Courtroom of Justice, this precept is mitigated by a proportionality check for instances of automated lack of Dutch nationality. A provision to this impact was launched within the Netherlands Nationality Act (NNA) on April 1, 2022.

Essentially the most frequent instances of automated lack of Dutch citizenship outcome from:

1. Voluntary acquisition of one other nationality; or
2. Extended keep overseas within the possession of two (or extra) nationalities.

There are exemptions. For instance, buying a second nationality doesn’t result in lack of Dutch nationality if one is married to an individual of the brand new nationality. However, these instances happen often, and for most of the affected people, it’s not a lot the very fact of dropping Dutch nationality however quite the automated character of the loss that strikes essentially the most. It occurs by act of regulation; a call by a Dutch authority to revoke the nationality shouldn’t be vital. The sufferer typically solely finds out that they aren’t Dutch anymore once they attempt to renew their Dutch passport.

The Tjebbes Ruling

As of April 1, 2022, a brand new provision was included within the NNA following the Tjebbes ruling by the EU Courtroom of Justice of March 12, 2019. Via a brand new subcategory of the “choice process,” this group of individuals can request to regain their Dutch citizenship. The choice process is, subsequent to naturalization, a method to request Dutch nationality, specifically for individuals of Dutch descent and former Dutch nationals. By submitting an choice request based mostly on the brand new provision, a proportionality check could be requested. The check examines whether or not the lack of Dutch citizenship was in impact disproportionate.

This criterion was utilized within the Tjebbes ruling, wherein the EU Courtroom talked about a number of circumstances that could be weighed within the proportionality check, primarily associated to the individual’s rights of free motion and residence within the EU territory and whether or not these have been misplaced as a result of lack of nationality.

Nationality regulation is more and more influenced by EU regulation. This has softened considerably the strictness of the Dutch regulation in avoiding twin nationality. Former Dutch nationals now have a proper treatment in opposition to disproportionality of the lack of their nationality.

In follow, the usual to satisfy is excessive. Case regulation will decide how efficient this proportionality check will turn into.

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