Headlines:

USCIS to Launch Organizational Accounts, Enabling ‘On-line Collaboration’ and Submission of H-1B Registrations – U.S. Citizenship and Immigration Companies plans to launch organizational accounts for non-cap filings and the fiscal yr 2025 H-1B cap season.

Cap Reached for Further Returning Employee H-2B Visas for First Half of FY 2024 – U.S. Citizenship and Immigration Companies has obtained sufficient petitions to succeed in the cap for the extra 20,716 H-2B visas made accessible for returning employees for the primary half of fiscal yr 2024 with begin dates on or earlier than March 31, 2024.

February Visa Bulletin Notes Expiration of EB-4 Spiritual Employees Class – The Division of State’s Visa Bulletin for February 2024 notes that absent legislative motion, the non-minister particular immigrant program will expire on February 2, 2024.

USCIS Knowledge Present Enhance in O-1A and NIW EB-2 Approvals for STEM Actions – In keeping with a newly launched report, U.S. Citizenship and Immigration Companies knowledge present a large total improve in O-1A petition approvals for people engaged in science, expertise, engineering, and arithmetic (STEM) actions and in Nationwide Curiosity Waiver EB-2 petition approvals for people engaged in STEM actions.

CBP Updates Web site, Offers Trusted Traveler Processing Occasions – In an effort to cut back unscheduled visits to Trusted Traveler Program Enrollment Facilities, U.S. Customs and Border Safety has expanded the TTP-related matters on its public web site portal.

DOL Will increase Civil Financial Penalties for Sure Immigration-Associated Employer Violations – Efficient January 15, 2024, as a part of annual inflation changes, the Division of Labor (DOL) is growing D-1, H-1B, H-2A, and H-2B civil financial penalties it assesses or enforces for employer violations.

Particulars:

USCIS to Launch Organizational Accounts, Enabling ‘On-line Collaboration’ and Submission of H-1B Registrations

U.S. Citizenship and Immigration Companies (USCIS) plans to launch organizational accounts for non-cap filings and the fiscal yr (FY) 2025 H-1B cap season. Organizational accounts “will permit a number of people inside a corporation, corresponding to an organization or different enterprise entity, and their authorized representatives to collaborate on and put together H-1B registrations, Type I-129, Petition for a Nonimmigrant Employee, and related Type I-907, Request for Premium Processing Service,” USCIS stated. The company additionally plans to introduce on-line submitting for I-129 H-1B petitions and H-1B I-907 premium processing service.

USCIS expects to launch the organizational accounts in February 2024, with on-line submitting of Varieties I-129 and I-907 following shortly thereafter. USCIS will transition the paper submitting location for Varieties I-129 and I-907 from service facilities to the USCIS lockbox.

Particulars:

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Cap Reached for Further Returning Employee H-2B Visas for First Half of FY 2024

On January 12, 2023, U.S. Citizenship and Immigration Companies (USCIS) introduced that it has obtained sufficient petitions to succeed in the cap for the extra 20,716 H-2B visas made accessible for returning employees for the primary half of fiscal yr 2024 with begin dates on or earlier than March 31, 2024, underneath the
H-2B supplemental cap non permanent last rule. USCIS stated January 9, 2024, was the ultimate receipt date for petitions requesting supplemental H-2B visas underneath the FY 2024 first half returning employee allocation.

USCIS stated it’s nonetheless accepting petitions for H-2B nonimmigrant employees with begin dates on or earlier than March 31, 2024, for the extra 20,000 visas allotted for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (country-specific allocation), in addition to those that are exempt from the congressionally mandated cap.

USCIS inspired petitioners with begin dates on or earlier than March 31, 2024, whose employees weren’t accepted for the 20,716 returning employee allocation, to file underneath the country-specific allocation whereas visas stay accessible. As of January 12, 2024, USCIS stated it has obtained petitions requesting 4,500 employees underneath the 20,000 visas put aside for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica.

Particulars:

• USCIS alert (Jan. 12, 2024).

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February Visa Bulletin Notes Expiration of EB-4 Spiritual Employees Class

The Division of State’s Visa Bulletin for February 2024 notes that absent legislative motion, the non-minister particular immigrant program expires on February 2, 2024: “No SR visas could also be issued abroad, or last motion taken on adjustment of standing instances, after midnight February 1, 2024. Visas issued previous to that date can be legitimate solely till February 1, 2024, and all people searching for admission within the non-minister particular immigrant class should be admitted (repeat admitted) into the US no later than midnight February 1, 2024.”

The bulletin notes that if there isn’t any legislative motion extending the class past February 2, 2023, “the class will instantly turn into ‘Unavailable’ as of February 2, 2023. Within the occasion there may be legislative motion extending the class past February 2, the revealed dates will proceed to be in impact for the rest of February.”

Particulars:

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USCIS Knowledge Present Enhance in O-1A and NIW EB-2 Approvals for STEM Actions

In keeping with a newly launched report, U.S. Citizenship and Immigration Companies (USCIS) knowledge present a large total improve in O-1A petition approvals for people engaged in science, expertise, engineering, and arithmetic (STEM) actions and in Nationwide Curiosity Waiver (NIW) EB-2 petition approvals for people engaged in STEM actions, in comparison with fiscal yr 2021, earlier than USCIS issued new coverage steering in January 2022. USCIS famous:

• From FY 2021 to FY 2022, whole receipts of Type I-140, Immigrant Petition for Alien Employees, with and with out waivers (mixed) elevated by 20 %, from 70,600 to 84,470. Receipts continued to extend by one other 10 % from FY 2022 to FY 2023. Approvals elevated by 60 % from 57,810 in FY 2021 to 92,280 in FY 2022, however decreased about 12 % from 92,280 in FY 2022 to 81,380 in FY 2023. The approval fee remained at 90 % or above all through FY 2018-FY 2023. Complete EB-2 receipts in STEM job classes decreased by nearly 13 %, from 61,790 in FY 2022 to 53,960 in FY 2023. Receipts in non-STEM job classes elevated by 28 % throughout that point.
• An growing variety of EB-2 petitioners are requesting NIWs, USCIS stated. The variety of petitions with NIW requests nearly doubled, from 21,990 in FY 2022 to 39,810 in FY 2023; the variety of petitions with out NIW requests dropped from 62,490 to 53,200.
• From FY 2021 to FY 2022, whole receipts of Type I-129 for O-1A petitioners elevated 29 %, from 7,710 to 9,970. They continued to extend barely from 9,970 in FY 2022 to 10,010 in FY 2023 (see Determine 4). Approvals adopted an identical pattern by growing by 25 % from FY 2021 to FY 2022, from 7,320 to 9,120. They continued to extend barely from 9,120 in FY 2022 to 9,490 in FY 2023. The approval fee remained steady at 90 % or above all through FY 2018-FY 2023.
• From FY 2021 to FY 2022, whole approvals of STEM-related O-1A Type I-129 petitions elevated 29 %, from 3,550 to 4,570. From FY 2022 to FY 2023, approvals remained nearly the identical, from 4,570 to 4,560. Approvals of non-STEM-related petitions adopted an identical pattern growing 21 %, from 3,410 in FY 2021 to 4,140 in FY 2022. Approvals elevated barely from 4,140 in FY 2022 to 4,380 in FY 2023.

The January 2022 coverage steering clarified how sure professionals in STEM fields can exhibit eligibility for (a) the NIW in employment-based immigrant standing (EB-2), together with the importance of letters from governmental and quasi-governmental entities, and (b) nonimmigrant standing for people of extraordinary skill (O-1A).

Particulars:

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CBP Updates Web site, Offers Trusted Traveler Processing Occasions

In an effort to cut back unscheduled visits to Trusted Traveler Program (TTP) Enrollment Facilities, U.S. Customs and Border Safety (CBP) has expanded the TTP-related matters on its public web site portal to incorporate the flexibility to pick out the choice “replace paperwork in my account.”

CBP additionally famous that processing instances differ by applicant, however on common candidates can anticipate these timeframes:

• International Entry: 4-6 months
• NEXUS: 12-14 months
• SENTRI: 10-12 months
• FAST: 1-2 weeks

CBP stated candidates ought to examine the Trusted Traveler Program web site periodically for updates or the standing of their purposes. Moreover, CBP famous that those that submit renewal purposes earlier than their membership expires can proceed to make use of the advantages after the membership expiration date.

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DOL Will increase Civil Financial Penalties for Sure Immigration-Associated Employer Violations

Efficient January 15, 2024, as a part of annual inflation changes, the Division of Labor (DOL) is growing D-1, H-1B, H-2A, and H-2B civil financial penalties it assesses or enforces for employer violations.

To compute the 2024 annual adjustment, DOL multiplied the newest penalty quantity for every relevant penalty by the multiplier, 1.03241, and rounded to the closest greenback.

Particulars:

• DOL last rule, 89 Fed. Reg. 1810 (Jan. 11, 2024).

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