MAY 2024 VISA BULLETIN: ANALYSIS

The Department of State has just issued the May 2024 Visa Bulletin. 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	01SEP22	01MAR21	C	C
2nd	15JAN23	01FEB20	01APR12	15JAN23	15JAN23
3rd	22NOV22	01SEP20	15AUG12	22NOV22	22NOV22

Table B: Dates of Filing

The USCIS will use the Table A Final Action chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

All dates mirrored the April 2024 Visa Bulletin.  We do not expect any meaningful progression for the remainder of the US fiscal year.  The US fiscal year ends on September 30, 2024.

AUTOMATIC EXTENSION OF CERTAIN EADs INCREASES TO 540 DAYS

USCIS has announced a temporary final rule increasing the automatic extension period for certain employment authorization documents (EADs) from 180 days to 540 days.

The rule applies to eligible workers with pending renewal applications filed on or after October 27, 2023, and to those who file renewal applications between April 8, 2024, and September 30, 2025.

Eligible workers include, but are not limited to:

• E-1/2/3 spouses (A17);
• L-1 spouses (A18);
• Certain H-1B spouses; and
• Workers with pending Adjustment of Status applications (C9).

A full list of the eligible categories may be found on the USCIS website here.

The temporary final rule follows a previous measure from 2022 that increased the EAD automatic extension period for workers with renewal applications filed before October 27, 2023.

USCIS estimates the temporary final rule will benefit 800,000 workers and 60,000 to 80,000 employers by preventing prevent lapses in work authorization.

From now until June 7, 2024, USCIS invites comments from the public on whether the automatic extension period for EADs should be permanently increased to 540 days or whether a different solution should be implemented.

MU Law encourages workers with pending EAD renewal applications to contact their MU immigration attorney to determine if they qualify for the automatic 540 EAD extension.

Please refer to the USCIS press release for further details. Comments may be submitted on the Federal Register until June 7, 2024.

Webinar on USCIS Online Filing for H-1Bs

MU Law will be hosting a FREE webinar for our clients and friends on Friday, April 12, 2024 at 12PM Eastern (11AM Central).

Join us for this FREE webinar to learn more about the USCIS' new online filing for H1Bs.

USCIS ANNOUNCES EXTENSION OF H-1B REGISTRATION PERIOD

On March 21, 2024, USCIS announced that they would be extending the registration period for the 2024 (fiscal year 2025) H-1B cap registration.

The initial registration opened at noon eastern on March 6, 2024 and was scheduled to run through noon eastern on March 22, 2024. The registration period will now run through noon eastern on March 25, 2024. The extension of the registration period is due to a temporary USCIS outage that was experienced by some registrants.

The registration process during this extended period will remain the same and USCIS still intends to notify registrants that they are selected by March 31, 2024.

APRIL 2024 VISA BULLETIN: ANALYSIS

The Department of State has just issued the April 2024 Visa Bulletin, which is the sixth 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	01SEP22	01MAR21	C	C
2nd	15JAN23	01FEB20	01APR12	15JAN23	15JAN23
3rd	22NOV22	01SEP20	15AUG12	22NOV22	22NOV22

Table B: Dates of Filing

The USCIS will use the Table A Final Action chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

Philippines and All Other EB-3 continued slow, pace forward, moving ahead just over 60 days to November 2022. China and India EB-3 remained at September 1, 2020 and while India progressed just one month to August 15, 2012.  

There is a similar story in EB-2.  China and India EB-2 as each moved ahead one month.  Philippines and All Other EB-2 advanced approximately 60 days to January 15, 2023.

MU Law expects similar paced progress in the next few months, followed by a slowdown and we get closer to the end of the fiscal year over the summer months. 

MARCH 2024 VISA BULLETIN: ANALYSIS

The Department of State has just issued the March 2024 Visa Bulletin, which is the sixth 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	15JUL22	01OCT20	C	C
2nd	22NOV22	01JAN20	01MAR12	22NOV22	22NOV22
3rd	08SEP22	01SEP20	01JUL12	08SEP22	08SEP22

Table B: Dates of Filing

The USCIS is expected to use the Table a Final Action chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

Philippines and All Other EB-3 continued slow, although uninspiring, progress by one week to September 8, 2022. China and India EB-3 remained at their February Visa Bulletin dates, September 1, 2020 and July 1, 2012, respectively.  

There is a similar story in EB-2.  China and India EB-2 remained at their February Visa Bulletin dates, January 1, 2020 and March 1, 2012.  Philippines and All Other EB-2 advanced one week to November 22, 2022.

MU Law expects similar progress in the next few months, followed by a slowdown and we get closer to the end of the fiscal year. 

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!

USCIS ANNOUNCES FEE INCREASE EFFECTIVE APRIL 1, 2024

Effective April 1, 2024 the USCIS will increase filing fees on many immigration applications. 

In addition to the fee increase, the USCIS has also introduced the new Asylum Program Fee of $600, which will be an add-on to all new I-129 (H-1B, L-1, and other) and I-140 petitions.  Nonprofit petitioners will be exempt from the new Asylum Program Fee, while employers having 25 or fewer full-time employees will be subject to a reduced Asylum Program Fee of $300.

With the fee increase, the USCIS has also lengthened the premium processing timeframe from calendar days to business days.  In a separate rule taking effect February 26, 2024, the USCIS has increased the premium processing fee from $2500 to $2805.

Form / Case Type	Current Fee	New Fee
H-1B (Form I-129) for companies with 25+ employees	$460	$1,380
H-1B (Form I-129) for companies with less than 25 employees	$460	$760
L-1 (Form I-129) for companies with 25+ employees	$460	$1,985
L-1 (Form I-129) for companies with less than 25 employees	$460	$995
Dependents of H or L (Form I-539)	$370	$470
Employment-Based Green Card (Form I-140) for companies with 25+ employees	$700	$1,315
Employment-Based Green Card (Form I-140) for companies with less than 25 employees	$700	$1,015
Green Card Application (Form I-485*)	$1,225	$1,440
Employment Authorization Document (Form I-765)	$410	$470
Advanced Parole Travel Permit (Form I-131)	$575	$630
Family-Based Green Card (Form I-130)	$535	$675
USCIS Immigrant Visa Fee	$220	$235

*It is important to note that the USCIS has unbundled the I-485 fees from the related I-131 Advanced Parole (travel document) and I-765 EAD (Employment Authorization Document) fees.  Under the current process, a separate I-765 and I-131 fee are not charged when the I-765 and I-131 are filed or renewed based on an I-485. 

Under the new rule, I-131s filed based on an I-485 will require the full fee payment of $630.  I-765s filed based on a pending I-485 will require a 50% reduced fee of $260.  As an example, an adult filing an I-485 for a green card with a related Advanced Parol and EAD application would pay:

• I-485 Filing Fee: $1440
• I-765 Filing Fee: $260
• I-131 Filing Fee: $630

Total: $2330

The H-1B cap registration fee will also increase from $10 to $215 per registration.  However, this specific increase will not take effect until March 2025.

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!

USCIS ANNOUNCES H-1B CAP REGISTRATION WINDOW AND CHANGES TO REGISTRATION PROCESS

The fiscal year 2025 (March 2024) H-1B cap registration period will open at noon eastern on March 6, 2024 and run through noon eastern on March 22, 2024. For fiscal year 2025 H-1B cap filings, employers will also have the option of filing Form I-129 electronically on the USCIS website.

On January 30, 2024, USCIS announced a final rule to reduce the potential for fraud in the H-1B registration process. The new rule selects H-1B cap entries by each unique employee, instead of by each registration. This gives each employee the same chance of selection, regardless of how many registrations were submitted on that employee’s behalf.

With this update to the registration process, the employee is required to include valid passport or travel document information, and a employee cannot register under more than one passport or travel document.

USCIS has also provided clarification that for H-1B cap petitions, a start date after October 1 of the relevant fiscal year is allowed.  

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.