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Impact of Government Shutdown on the Immigration Services According to a recent AILA Practice Alert dated September 22, 2023 (AILA Doc. No. 21092710), the following might be the impact on the Immigration services: If the government agencies close for budgetary reasons, all but "essential" personnel are furloughed and are not allowed to work. USCIS:USCI...

USCIS has started announcing Second Round H-1B Lottery Results for FY2024 H-1B CAP. Those with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details of when and where to file. H-1B Petition for the selected registration can be submitted to USCIS between 08/02/2023 and 10/31/2023.

All the best to the registered candidates!!

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USCIS Will Conduct Second Round of H-1B Lottery from Previously Submitted FY2024 H-1B CAP Registrations On July 27, 2023, USCIS announced that it has determined that to reach the FY2024 H-1B CAP, it will need to select additional registrations from previously submitted electronic registrations using a random selection process. In the coming days, USCIS will announce when it has completed the second...

On March 31, 2023, USCIS issued policy guidance on the permanent removal of the requirement that the civil surgeon's signature on Form I-693 be dated no more than 60 days before an applicant files the application for the underlying immigration benefit. Guidance is effective as of 03/31/2023; comments are due by 05/01/2023.

Starting May 31, 2023, USCIS will accept only the 03/09/2023 edition of Form I-693. Until then, one can also use the 07/19/2022 edition of Form I-693. If the civil surgeons sign the form on or after October 05, 2022, one must use the 03/09/2023 or 07/19/2022 editions. One can find the edition date at the bottom of the page on the form and instructions. Dates are listed in mm/dd/yy format. If you complete and print this form to mail it in, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same edition of the form. If any of the form's pages are missing or are from a different edition of the form, USCIS may reject your form.

On March 28, 2023, US State Department published a Final Rule to increase consular fees for nonimmigrant visa applications and border crossing cards for Mexican citizens aged 15 and over. The rule will go into effect on 05/30/2023.

The fee changes implemented by the rule are:

The application processing fee for non-petition-based nonimmigrant visas (except E category) will be raised from $160 to $185.
The application processing fee for H, L, O, P, Q, and R category NIVs will be raised from $190 to $205.
The fee for E-category NIVs will be raised from $205 to $315.
The processing fee for Border Crossing Cards for Mexican citizens aged 15 and over will be raised from $160 to $185.
The fee for the exchange visitor waiver of the two-year residency requirement will be maintained at $120.

On March 06, 2023, USCIS finally announced the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking STEM-OPT extensions who have a pending Form I-765, Application for Employment Authorization and wish to request a premium processing upgrade. The Premium Processing fee is $1500.00.

Beginning March 6, 2023, USCIS will accept Form I-907 requests, filed either via paper form or online, for certain F-1 students who already have a pending Form I-765, Application for Employment Authorization, if they are filing under one of the following categories:
(c)(3)(A) – Pre-Completion OPT;
(c)(3)(B) – Post-Completion OPT; and
(c)(3)(C) – 24-Month Extension of OPT for STEM students.

Beginning April 3, 2023, USCIS will accept Form I-907 requests, filed either via paper form or online, for F-1 students in the above categories when filed together with Form I-765.

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USCIS Announces Premium Processing; New Online-Filing Procedures for Certain F-1 Students Seeking OPT or STEM OPT Extension On March 06, 2023, USCIS announced the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking STEM-OPT extensions who have a pending Form I-765, Application for Employment Authorization and wish to request a premium processing u...

On February 14, 2023, USCIS issued a policy guidance in the USCIS policy manual to update when an immigrant visa “becomes available” for the purpose of calculating the Child Status Protection Act (CSPA) age in certain situations. USCIS now considers a visa available to calculate CSPA age; at the same time, USCIS considers a visa immediately available for accepting and processing the adjustment of status application. Also, the 1-year period during which a noncitizen must seek to acquire lawful permanent residence for CSPA starts when a visa becomes available for accepting and processing a potential adjustment of status application.

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USCIS Policy Guidance on When an Immigrant Visa “Becomes Available” for the Purpose of Calculating Child Status Protection Act (CSPA) age in certain situations. On February 14, 2023, USCIS issued a policy guidance in the USCIS policy manual to update when an immigrant visa “becomes available” for the purpose of calculating the Child Status Protection Act (CSPA) age in certain situations. The CSPA protects certain beneficiaries from losing eligibility fo...

On February 03, 2023, U.S. Embassy in India tweeted that a visa applicant may be able to get a visa appointment at the U.S. Embassy or Consulate in your destination abroad. This move comes as US Embassy in India is trying to reduce the massive backlog in visa processing. Recently US Embassy in Bangkok has opened B1/B2 appointments for Indians who will be in Thailand in the coming months. Also, the US Embassy in India released more than 250,000 additional B1/B2 appointments two weeks ago.

The U.S. Department of State, on January 11, 2023, released the February 2023 visa bulletin. In the latest visa bulletin, for Certain Religious Workers' preference category, Final Action Dates were introduced.

Most importantly, the number used in the F2A category has remained steady throughout FY-2023, and it may be necessary to establish an F2A final action dates as early as March to keep the number used within the annual limit. The final action dates and the dates for filing for the employment-based first, second, third, and fourth preference categories for individuals from India, China, and all around the world remained the same as that of the January 2023 visa bulletin.

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February 2023 Visa Bulletin Introduces Final Action Dates for Certain Religious Workers preference category The U.S. Department of State, on January 11, 2023, released the February 2023 visa bulletin. In the latest visa bulletin, for Certain Religious Workers preference category, Final Action Dates were introduced. The final action dates and the dates for filing for the employment-based first, second,...

On January 27, 2023, USCIS announced that the initial registration period for the fiscal year 2024 H-1B CAP would open at noon EST on March 1, 2023, and run through noon EST on March 17, 2023. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using USCIS online H-1B registration system. Registrants will be able to create new accounts beginning at noon EST on February 21, 2023. Both representatives and registrants must wait until March 1, 2023, to enter beneficiary information and submit the registration with the $10 fee. USCIS intends to notify the results of the lottery to the account holders by March 31, 2023.

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The Initial Registration Period for FY 2024 H-1B Cap to Open on March 1, 2023 On January 27, 2023, USCIS announced that the initial registration period for the fiscal year 2024 H-1B cap would open at noon EST on March 1, 2023, and run through noon EST on March 17, 2023. During this period, prospective petitioners and representatives will be able to complete and submit thei...

ALERT: Major changes in the new edition of Form I-485, Application to Register Permanent Residence or Adjust Status.

Beginning December 23, 2022, one must use the 12/23/22 edition of Form I-485, or USCIS will reject the filing. Also, if one files Form I-485 before December 23, 2022, one must use the 07/15/22 edition of Form I-485, or USCIS will reject the filing. On September 09, 2022, DHS published the Public Charge Ground of Inadmissibility final rule to provide clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. The new final rule will go into effect on December 23, 2022, and requires the collection of information in the new 12/23/2022 edition of Form I-485. Preview versions of the new Form I-485 and form instructions were published on uscis.gov on November 23, 2022. USCIS has already published the final 12/23/22 edition of Form I-485 for applicants to prepare their applications in advance of December 23, 2022.

Read more at: https://www.sanshalawoffice.com/alert-major-changes-in-the-new-edition-of-form-i-485-application-to-register-permanent-residence-or-adjust-status

ALERT: Major changes in the new edition of Form I-485, Application to Register Permanent Residence or Adjust Status Beginning December 23, 2022, one must use the 12/23/22 edition of Form I-485, or USCIS will reject the filing. Also, if one files Form I-485 before December 23, 2022, one must use the 07/15/22 edition of Form I-485, or USCIS will reject the filing. On September 09, 2022, DHS published the ...

On November 22, 2022, USCIS announced that it is extending and expanding previously announced filing fee exemptions and expedited application processing for certain Afghan nationals. These actions will help Afghan nationals resettle and, in many cases, reunite with family in the United States by enabling USCIS to process their requests for work authorization, long-term status, status for immediate relatives, and associated services more quickly. USCIS encourages one to use the web pages below to learn more about the eligibility details for each type of filing one may wish to pursue.

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USCIS Extends and Expands Fee Exemptions and Expedited Processing for Afghan Nationals On November 22, 2022, USCIS announced that it is extending and expanding previously announced filing fee exemptions and expedited application processing for certain Afghan nationals. These actions will help Afghan nationals resettle, and in many cases reunite with family, in the United States by ...

On November 10, 2022, the Department of Homeland Security (DHS) posted a Federal Register Notice announcing the continuation of Temporary Protected Status (TPS) and certain related documents for beneficiaries under the TPS designations that remain subject to the court orders in the Ramos et al. v. Nielsen and Bhattarai et al. v. Nielsen et al. lawsuits.

TPS beneficiaries under the designations for El Salvador, Honduras, Nicaragua, and Nepal, as well as the 2011 Haiti designation and the 2013 Sudan designation, will retain their TPS while the preliminary injunction in Ramos and the stay of proceedings order in Bhattarai remain in effect, provided they continue to meet all the individual requirements for TPS eligibility. The automatic extension of TPS-related documentation includes specified Employment Authorization Documents (EADs) through June 30, 2024.

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DHS Continues Temporary Protected Status and Related Documentation for Certain Beneficiaries of TPS for Nepal, El Salvador, Honduras, and Nicaragua, as well as the 2011 Haiti designation and the 2013 Sudan designation On November 10, 2022, the Department of Homeland Security (DHS) posted a Federal Register Notice announcing the continuation of Temporary Protected Status (TPS) and certain related documents for beneficiaries under the TPS designations that remain subject to the court orders in the Ramos et al. v...

The U.S. Department of State, on November 10, 2022, released the December 2022 visa bulletin. In the latest visa bulletin, there has been further retrogression in the final action dates and the dates for filing for India in the employment-based second preference category. Moreover, a worldwide employment second preference final action and the date for filing have been introduced in the December visa bulletin. Also, per the U.S. Department of State, the estimated employment-based annual limit will be 197,000 for FY-2023. The final action dates and the dates for filing may also be introduced in the upcoming months for the employment first preference category for China and India. In addition, the final action date and dates for filing have been introduced for the employment-based fourth preference category. Except for El Salvador, Guatemala, Honduras, and Mexico, all countries are subject to a final action date of 22JUN2022 and the date of filing of 22JUL22 for the fourth preference category. The final action and dates for filing for the employment-based fifth preference unreserved category for individuals from India and China have remained the same as that of the November 2022 visa bulletin.

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Big Changes in the December 2022 Visa Bulletin The U.S. Department of State, on November 10, 2022, released the December 2022 visa bulletin. In the latest visa bulletin, there has been further retrogression in the final action dates and the dates for filing for India in the employment-based second preference category. Moreover, a worldwide em...

On November 03, 2022, USCIS announced that on Monday, October 31, 2022, the Department of Homeland Security’s final rule (PDF) to preserve and fortify Deferred Action for Childhood Arrivals (DACA) went into effect. The final rule’s implementation means that DACA is now based on a formal regulation, thereby preserving and fortifying the program while the program remains the subject of litigation in court.

Read more at: https://www.sanshalawoffice.com/dhs-begins-limited-implementation-of-daca-under-final-rule

On November 01, 2022, published on its website that on August 19, 2022, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. ACICS loss of recognition may affect certain students applying for English language study and 24 month STEM OPT extension programs, H-1B and I-140 applicants.

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ACICS Loss of Recognition May Affect Certain Students Applying for English Language Study and 24-month STEM OPT Extension Programs, H-1B, and I-140 Applicants On November 01, 2022, published on this website that on August 19, 2022, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigrati...

USCIS has started issuing Notice of Intent to Deny (NOID) as a counter measure for multiple H1B registrations for the FY-2023 H1B Lottery. Thus, the petitioners who are unable to overcome NOID, will end up losing the filing fees, the H1B petition getting denied or revoked, and getting reported to appropriate federal law enforcement agencies for investigation and further action as appropriate.

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News Flash: USCIS Issuing NOID As a Counter Measure for Multiple H1B Registrations for the FY-2023 H1B Lottery The H-1B non-immigrant visa allows companies and other employers in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor's degree or higher in the specific specialty o...

News Flash: US CBP No Longer Issuing Passport Entry Stamps AND Petitioners Are No Longer Required to Submit Duplicate Copies of Form I-129s.

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News Flash: CBP No Longer Issuing Passport Entry Stamps AND Petitioners Are No Longer Required to Submit Duplicate Copies of Form I-129s US Customs and Border Protection (CBP) recently announced that it would no longer be issuing entry stamps on the passports of foreign nationals arriving in the US. Many US airports have already discontinued stamping passports with an entry stamp when you enter the US CBP is eliminating the entry ...

As previously announced by The U.S. Department of State, the online registration period for the Diversity Visa – 2024 Program started today, Wednesday, October 05, 2022, at 12:00 noon Eastern Daylight Time (EDT) (GMT-4) and concludes on Tuesday, November 08, 2022, at 12:00 noon, Eastern Standard Time (EST) (GMT-5). The list below shows the countries and areas whose natives are eligible for DV-2024, grouped by geographic region. Dependent areas overseas are included within the region of the governing country. USCIS identified the countries whose natives are not eligible for the DV-2024 program according to the formula in Section 203(c) of the INA. The countries whose natives are not eligible for the DV program (because they are the principal source countries of Family-Sponsored and Employment-Based immigration or “high-admission” countries) are noted after the respective regional lists.

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The 2024 Diversity Immigrant Visa Program (DV-2024) – List of Countries/Areas by Region Whose Natives are Eligible for DV-2024 As previously announced by The U.S. Department of State, the online registration period for the Diversity Visa – 2024 Program started today, Wednesday, October 05, 2022, at 12:00 noon Eastern Daylight Time (EDT) (GMT-4) and concludes on Tuesday, November 08, 2022, at 12:00 noon, Eastern Standar...

As previously announced by The U.S. Department of State, the online registration period for the Diversity Visa – 2024 Program started today, Wednesday, October 05, 2022, at 12:00 noon Eastern Daylight Time (EDT) (GMT-4) and concludes on Tuesday, November 08, 2022, at 12:00 noon, Eastern Standard Time (EST) (GMT-5). Submit your Electronic Diversity Visa Entry Form (E-DV Entry Form or DS-5501) online at dvprogram.state.gov. The U.S. Department of State will not accept incomplete entries or entries sent by any other means. There is no cost to submit the online entry form.

Read more at: https://www.sanshalawoffice.com/the-2024-diversity-immigrant-visa-program-dv-2024--how-to-complete-your-electronic-diversity-visa-entry-form-e-dv-entry-form-or-ds-5501

The 2024 Diversity Immigrant Visa Program (DV-2024) – How to complete your Electronic Diversity Visa Entry Form (E-DV Entry Form or DS-5501) As previously announced by The U.S. Department of State, the online registration period for the Diversity Visa – 2024 Program started today, Wednesday, October 05, 2022, at 12:00 noon Eastern Daylight Time (EDT) (GMT-4) and concludes on Tuesday, November 08, 2022, at 12:00 noon, Eastern Standard ....

On September 29, 2022, U.S. Embassy India's Minister Counselor for Consular Affairs, Don Heflin, answered questions regarding visa appointments and slot booking. According to him, U.S. Embassy in India will be opening 100,000 slots (Non-placeholder) in October 2022 for H&L for the 2023 processing. The U.S. Embassy currently stands at 70% resource capacity and is expected to be at 100% by mid-next year to process the pre-COVID level number of applications. Also, changes are coming next week to the U.S. Embassy website to request an expedited interview even if you qualify/have a Dropbox Appointment. Changes are coming to the J visas; the slots for the J visas will open up separately from the F and M visa so that one will see a small number of slot openings for J visas every week. In addition, the number of times reschedule can be done might get reduced to 2 instead of 3.

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U.S. Embassy India on September 29, 2022, Answered Questions Regarding Visa Appointments On September 29, 2022, U.S. Embassy India's Minister Counselor for Consular Affairs, Don Heflin, answered questions regarding visa appointments and slot booking. According to him, U.S. Embassy in India will be opening 100,000 slots (Non-placeholder) in October 2022 for H&L for the 2023 processing...

The U.S. Department of State recently announced that the online registration period for the Diversity Visa – 2024 Program begins on Wednesday, October 05, 2022, at 12:00 noon Eastern Daylight Time (EDT) (GMT-4) and concludes on Tuesday, November 08, 2022, at 12:00 noon, Eastern Standard Time (EST) (GMT-5). Submission of more than one entry for a person will disqualify all entries for that person. Submit your Electronic Diversity Visa Entry Form online at dvprogram.state.gov. There is no cost to register for the DV program. Also, an entrant may apply while in the United States or another country. An entrant may submit an entry from any location. In addition, each spouse may each submit one entry if each meets the eligibility requirements. If either spouse is selected, the other is entitled to apply as a derivative dependent. Even if you are already registered for an immigrant visa in another category, you can still apply for the DV program.

Read more at: https://www.sanshalawoffice.com/registration-for-us-diversity-visa--2024-program-to-open-on-october-05-2022

Registration for US Diversity Visa – 2024 Program to Open on October 05, 2022 The U.S. Department of State recently announced that the online registration period for the Diversity Visa – 2024 Program begins on Wednesday, October 05, 2022, at 12:00 noon Eastern Daylight Time (EDT) (GMT-4) and concludes on Tuesday, November 08, 2022, at 12:00 noon, Eastern Standard Time (EST....

How to Extend H-1B Beyond the Sixth Year if I-140 is Not Approved? We at SanSha Law Office, PLLC, recommend that employers start the PERM process for their employees as soon as possible and not wait for the fifth or sixth year of H-1B. An H-1B non-immigrant worker can stay in H-1B status in the U.S. for a maximum of 6 years, with extensions under certain circumstances. Presently it is taking almost 17 odd months to finish the first two steps related to the PERM process, which includes PWD and PERM certifications. Therefore, if an employer starts the PERM process for its H1B non-immigrant worker in the fifth or the sixth year, it is highly likely under the present scenario that the I-140 will not be approved by USCIS by the time the non-immigrant worker will run out of 6 years in H-1B status. However, it is never too late to start the PERM process; if an employer cannot begin the PERM process for the H1B non-immigrant worker in the first four or five years of H1B, all is not lost. The employer can still start with the PERM process at this time.

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How to Extend H-1B Beyond the Sixth Year if I-140 is Not Approved We at SanSha Law Office, PLLC, recommend that employers start the PERM process for their employees as soon as possible and not wait for the fifth or sixth year of H-1B. An H-1B non-immigrant worker can stay in H-1B status in the U.S. for a maximum of 6 years, with extensions under certain circums...

The U.S. Department of State on September 07, 2022, released the October 2022 visa bulletin, which is the first visa bulletin for the upcoming fiscal year 2023. In the latest visa bulletin, there has been a major retrogression in the final action dates and the dates of filing for India in the employment based second preference category. Also, the final action dates for employment based fifth preference unreserved category have retrogressed for the individuals from India and China.

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US Department of State Publishes the September 2022 Visa Bulletin: Retrogression is Back for India The U.S. Department of State on September 07, 2022, released the October 2022 visa bulletin, which is the first visa bulletin for the upcoming fiscal year. In the latest visa bulletin, there has been a major retrogression in the final action dates and the dates of filing for India in the employme...

Effectively Navigating the Complex Maze of the PERM Process: U.S. Immigration law provides an individual with various ways to become lawful permanent residents (get a Green Card) through employment in the United States of America. Some immigrant visa preferences (EB-2/EB-3, other than EB-2 NIW) require you to have a job offer from a U.S. employer. This employer will be considered as your sponsor. Obtaining permanent labor certification is the second step in a series of steps that an employer must complete before an individual can get a Green Card in the preference categories Second & Third through employment in the United States of America. Also, for professional nurses and physical therapists, the employer submits the petition to USCIS with an uncertified ETA Form 9089 for consideration as Schedule A.

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Effectively Navigating the Complex Maze of the PERM Process U.S. Immigration law provides an individual with various ways to become lawful permanent residents (get a Green Card) through employment in the United States of America. These employment-based (E.B.) “preference immigrant” categories include: First preference (EB-1)– priority workers Perso...

How to make changes in the DS-160 Form after submission?

Most people familiar with US Immigration know that once you have submitted the DS-160 form, you cannot reopen it to make any changes. Accordingly, if there is a material change requiring information to be updated, there are two efficient ways to reuse information from a previously submitted application to create and submit a new/updated DS-160.

To know about the two efficient ways, please read at: https://www.sanshalawoffice.com/how-to-make-changes-in-the-ds-160-form-after-submission

How to make changes in the DS-160 Form after submission Most people familiar with US Immigration know that once you have submitted the DS-160 form, you cannot reopen it to make any changes. Accordingly, if there is a material change requiring information to be updated, there are two efficient ways to reuse information from a previously submitted appli...

Now that the FY 2023 H1B CAP season is over, and if you were not selected in this year's lottery, what other options do you have? Below we briefly discuss your other options.

Read more at: https://www.sanshalawoffice.com/now-that-the-fy-2023-h1b-lottery-looks-to-have-ended-and-if-you-are-one-of-the-unlucky-candidates-who-was-not-selected-in-this-years-lottery-what-other-options-do-you-have-for-staying-in-the-us

Now that the FY-2023 H1B Lottery has ended, and if you are one of the unlucky candidates who was not selected in this year’s lottery, what other options do you have for staying in the US? On August 20, 2022, USCIS started issuing a "Not Selected" Notice for FY 2023 H1B registrations that were not picked up in the first round of the lottery. Also, per AILA announcement dated August 22, 2022, AILA believes that USCIS has apparently received a sufficient number of petitions needed to...

H1B Lottery FY 2023 News Flash!! (NEW)

On August 23, 2022, USCIS has announced that it has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2023.

Also, that USCIS has completed sending non-selection notifications to registrants’ online accounts.

For more details please read our blog: https://www.sanshalawoffice.com/uscis-reaches-fiscal-year-2023-h-1b-cap

USCIS Reaches Fiscal Year 2023 H-1B CAP On August 23, 2022, USCIS announced that it has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master's cap, for fiscal year (FY) 2023. Also, that USCIS has ...

Do you know? In certain situations, you can use your spouse's country of birth to file an adjustment of status application if the priority date is current for your spouse's country of birth, even if your country of birth's priority date is not current.

In certain situations, a green card applicant may benefit from charging their visa to their spouse's or parent’s country of birth rather than their own. This is known as cross-chargeability.

Read more at: https://www.sanshalawoffice.com/concept-of-cross-chargeability-your-spouses-country-of-birth-may-help-you-to-get-past-the-lengthy-wait-time-for-green-card

H1B Lottery FY 2023 News Flash!!

As of August 20, 2022, USCIS has started issuing "Not Selected" notices to some of the H1B registration submissions but not all the applicants for the FY 2023 H1B Lottery. Accordingly, it is safe to say that USCIS won't run a second round of the lottery for FY 2023 H1B submissions.