Immigration

The Department of State published an online tool H-1B visa applicants can use to determine if they are eligible for the stateside visa renewal pilot program announced in December 2023, which allows a limited number of H-1B nonimmigrants to renew their visas from within the US.

USCIS is working to publish a final rule in April that would implement a 40% overall weighted average increase to the immigration fee schedule.

On December 27, US Citizenship and Immigration Services (USCIS) announced that it will increase the fee for Premium Processing, effective February 26, 2024.

On December 12, 2023, US Citizenship and Immigration Services announced that it has received a sufficient number of H-1B petitions to reach the annual quota of 85,000 new H-1B filings for the FY2024 H-1B cap for H-1B registrations submitted in March 2023.

Read about DHS’s proposed new H-1B regulations aimed at modernizing the H-1B specialty occupation worker program, including by streamlining eligibility requirements.

Over the past several months, the Department of State (DOS) and Department of Homeland Security (DHS) have announced additional backlogs in the permanent residence (Green Card) quota system.  These additional backlogs have forced employers and their foreign national employees to adjust strategy in applying for permanent residence, and in maintaining lawful status and employment authorization in the U.S.

Read about how a partial government shutdown could impact employers’ onboarding processes, particularly in relation to the Employment Eligibility Verification (Form I-9) and DHS’s E-Verify system.

Read about DHS’s new version of Form I-9 as part of its Final Rule regarding Form I-9 document examination and the optional procedure for conducting remote document review.

Read about USCIS’s upcoming H-1B cap lottery to select additional H-1B registrations from the eligible registrations submitted in March.

Read about DHS’s Final Rule regarding Form I-9 completion, which provides flexibility in allowing remote document review and verification for certain qualified employers that are enrolled in, and in good standing with, the DHS E-Verify system.

Read about USCIS guidance on the upcoming July 31 end to the Form I-9 COVID-19 flexibility policy, which allowed employers whose workforce is working remotely to defer the physical presence requirements associated with certain employment verification.

U.S. Lawful Permanent Residents (LPRs) are eligible to apply for U.S. citizenship (also called “naturalization”) after a period of either three or five years of permanent residence, if certain conditions are met.

Read about the upcoming July 31 end to the Form I-9 COVID-19 flexibility policy, which allowed employers whose workforce is working remotely to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) and section 274A of the Immigration and Nationality Act.

Mintz’s immigration memos provide information on various types of visas, USCIS forms and requirements, travel bans and requirements, and rules for obtaining an expedited U.S. passport.

Read about how the influx of patent applications at the U.S. Department of State is causing delays in all passport processing and how applicants can track the status of a passport application.

Read about a recent USCIS policy change, which will soon allow an applicant or beneficiary to elect “Male” (M), “Female” (F), or (“X”), which indicates another or an unspecified gender identity, on most forms without the need to provide supporting documentation or to match the gender listed on the individual’s existing identity documents.