Health Care Blog

The Department of State has just issued the April 2024 Visa Bulletin, which is the sixth ofthe 2024 US fiscal year.  This blog post analyzes this month’s VisaBulletin.

VisaBulletin

TableA: FinalAction Dates — Applications with these dates may be approved for their GreenCard (Permanent Residency card) or Immigrant Visa appointment.

Table B: Dates of Filing

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

MU Law Analysis

Philippines and AllOther EB-3 continued slow, pace forward, moving ahead justover 60 days to November 2022. China and India EB-3 remained atSeptember 1, 2020 and while India progressed just one monthto August 15, 2012.  

There is a similar storyin EB-2.  China and India EB-2 as each moved ahead onemonth.  Philippines and AllOther EB-2 advanced approximately60 days to January 15, 2023.

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

The Department of Statehas just issued the March 2024 Visa Bulletin, which is the sixth of the 2024 US fiscal year.  This blog post analyzes this month’s VisaBulletin.

Visa Bulletin

Table A:Final Action Dates — Applications with these dates may be approved for theirGreen Card (Permanent Residency card) or Immigrant Visa appointment.

Table B: Dates of Filing

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

MULaw Analysis

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

Thereis a similar story in EB-2.  China andIndia EB-2 remained at their February Visa Bulletin dates, January1, 2020 and March 1, 2012.  Philippines and All Other EB-2 advanced one week to November 22,2022.

MULaw expects similar progress in the next few months, followed by a slowdown andwe get closer to the end of the fiscal year. 

 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!

Effective April 1, 2024 the USCIS will increasefiling fees on manyimmigration applications. 

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

With the fee increase, the USCIS has also lengthenedthe premium processing timeframe from calendar days to businessdays.  In a separate ruletaking effect February 26, 2024, the USCIS hasincreased the premium processing fee from $2500 to $2805.

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

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

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

Total:$2330

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

MU Law will behosting a FREE webinar for our clients andfriends on Tuesday, February 13, 2024 at 2PM Eastern (1PM Central).

Join us forthis FREE webinar tolearn 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!

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

On January 30, 2024, USCIS announced afinal rule to reducethe potential for fraud in the H-1B registration process. The new rule selects H-1Bcap entries by each unique employee, instead of by each registration. Thisgives each employee the same chance of selection, regardless of how manyregistrations were submitted on that employee’s behalf.

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

USCIS has also provided clarificationthat for H-1B cap petitions, a start date after October 1 of the relevantfiscal year is allowed.  

 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!

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 VisaBulletin.

Visa Bulletin

Table A: Final Action Dates — Applications with these dates may be approved fortheir Green Card (Permanent Residency card) or Immigrant Visa appointment.

Table B: Dates of Filing

The USCIS is expected to use the Table B Dates of Filing chart for I-485 employment-basedfilings. See: USCIS Visa Bulletin Dates

MU Law Analysis

We were again encouraged to see slow, steady improvement of dates in mostcategories.  Philippine and All OtherEB-3 moved ahead one month.  IndiaEB-3 advanced one month.   We wouldnot be surprised to see a few more small progressions this fiscal year in thesecategories.  China EB-3 unfortunatelydid 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.

On December 27, 2023, USCIS announced that thefiling fee for Form I-907, Request for Premium Processing, will be increasingto adjust for inflation.

The fee change will go into effect onFebruary 26, 2024. If USCIS receives a Form I-907 postmarked on or afterFebruary 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 $2500to $2805, except for H-2B and R-1 petitions. For H-2B and R-1 petitions it willincrease from $1500 to $1685.
• Form I-140, Immigrant Petition for Alien Worker will increase from $2500to $2805.
• Form I-539, Application to Extend/Change Nonimmigrant Status willincrease 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 onlycurrently available for certain F-1 students.

Department of Homeland Security (DHS)will use the revenue generated by the premium processing fee increase toprovide premium processing services, make improvements to adjudicationsprocesses, respond to adjudication demands (including reducing benefit requestprocessing backlogs), and otherwise fund USCIS adjudication and naturalizationservices.

OnJanuary 05, 2024, the USCIS updatedits policy manual to clarify how the UCSIS will determine an employer’s abilityto pay when an employment-based green card applicant ports to a new employerunder the American Competitiveness in the Twenty-First Century Act of 2000(AC21).

TheAC21 allows certain employment-based green card applicants to port, or changeemployers, without filing a new Form I-140 petition. Under certaincircumstances an employment-based green card applicant can change employers whentheir Form I-140 petition and Form I-485 application are concurrently filed andremain pending.

TheUSCIS has explained that when a green-card applicant changes employers whileForm I-140 is pending, USCIS will only consider the facts existing at the timeof filing when making an ability to pay determination. In other words, USCISwill only review initial evidence submitted with the Form I-140 petition (andany responses to Requests for Evidence) to determine if the petitioner hasestablished its ability to pay from the priority date to the date of filing theI-140 petition.