April 2023 U.S. Immigration Notify | Seyfarth Shaw LLP

Seyfarth Synopsis: The underneath summarizes recent authorized updates that affect U.S. immigration:

1. FY2024 H-1B Cap Registration

On March 27, 2023, U.S. Citizenship and Immigration Solutions (USCIS) declared that initial registration was complete and that all future petitioners with picked registrations picked in the lottery have been notified. Petitioners must file H-1B cap-subject matter petitions for chosen registrations just before June 30, 2023.

2. USCIS Issued Direction on Cell Biometrics Selection Solutions

On March 7, 2023, USCIS issued coverage advice to deal with cell biometrics assortment and biometrics collection in remote locations.  If men and women are unable to attend their biometrics in person due to overall health or other problems, or due to the fact they reside in distant destinations, USCIS now has the discretion to offer you mobile biometrics providers.  USCIS may well also coordinate with community legislation enforcement businesses or other Office of Homeland Security (DHS) businesses to gather biometrics if mobile biometrics collection products and services are unavailable.  Applicants have to abide by the recommendations on the biometric detect to ask for mobile biometrics.

3. Quality Processing for Opt and STEM Choose Pupils

As of April 3, 2023, USCIS will acknowledge quality processing requests for all Decide and STEM Opt I-765 apps, such as both equally new or pending Choose EAD programs.  USCIS will system Opt EAD applications in just a 30-working day period for a premium charge of $1,500.

4. USCIS Area Places of work  – Offering Sorts I-94 with ADIT (Temporary I 551) Stamps by Mail to Confirm Short-term Lawful Permanent Resident (LPR) Position

On March 16, 2023, USCIS introduced that LPRs may perhaps receive Forms I-94 with ADIT (momentary I-551) stamps by mail as short term evidence of Lawful Permanent Resident position without attending an in-individual appointment at a USCIS subject office environment.  According to USCIS, this alternate Sort I-94 with an ADIT stamp is an acceptable Checklist A receipt for Type I-9 and E-Validate functions.

LPRs may possibly ask for temporary proof of their standing in the kind of an ADIT stamp if:

• They do not have their Inexperienced Card or
• Their Type I-90, Software to Switch Everlasting Resident Card (Green Card), Form I-751, Petition to Eliminate Conditions on Residence, or Sort N-400, Software for Naturalization, is continue to pending adjudication and their Eco-friendly Card and extension observe have expired.

To obtain an Type I-94 with an ADIT stamp, LPRs ought to get in touch with USCIS by calling at 1-800-375-5283 or 1-800-767-1833 (TDD for the hearing impaired).  Immigration services officer will confirm the LPR’s facts, including their identity and physical mailing handle.  The officer will then either create an in-person appointment if required or submit a ask for to a USCIS field business.  Upon receipt of the request, if an in-individual appointment is not needed, the USCIS field office environment will then evaluation the request and mail the applicant a Variety I-94 with ADIT stamp, DHS seal and a printed image of the LPR in USCIS’s units.

5. DHS Extended and Redesignated Somalia for Short term Guarded Standing for 18 Months

On March 13, 2023, DHS declared an eighteen-month extension of the designation of Somalian nationals for Non permanent Secured Status (TPS) till September 17, 2024.  To benefit from this extension, existing TPS recipients have to re-sign up for the duration of the 60-working day re-registration time period from March 13, 2023 to May perhaps 12, 2023.  Eligible candidates who are implementing for TPS for the initially time can sign up for the duration of the period from March 13, 2023 to September 17, 2024.

6. Extension for Specified Ukrainians Paroled into the U.S.

DHS announced that it is taking into consideration, on a circumstance-by-situation basis, granting a one-year extension of parole and employment authorization to certain Ukrainian nationals and rapid spouse and children associates who had been paroled into the U.S. at a port of entry among February 24, 2022 and April 25, 2022, prior to the Uniting for Ukraine course of action turned readily available. In accordance to DHS, it will evaluate circumstances primarily based on the day of parole, and the evaluate course of action can get about four months to contemplate and vet all the people in the team. 

7. COVID-Connected Flexibilities

USCIS verified on March 23, 2023 that the COVID-similar adaptability to file certain notices and requests finished on March 24, 2024.  For the notices or requests issued soon after March 23, 2023, USCIS must obtain the reaction by the deadline shown in the recognize or request to be viewed as timely submitted.  If the observe or request was issued on or prior to March, 23, 2023, then the 60-day versatility will use to file the response after the deadline detailed on the recognize.  These notices contain, but are not restricted to, Requests for Proof (RFEs), Notices in of Intent to Deny (NOIDs), Notices of Intent to Revoke (NOIRs,), and some others.

For Type I-290B, Observe of Appeal or Motion, or Kind N-336, Request for a Listening to on a Final decision in Naturalization Proceedings (Under Area 336 of the INA), USCIS will look at if:

• The type was submitted up to 90 calendar days from the issuance of a final decision they built and
• They made that conclusion involving November 01, 2021 and March 23, 2023.

8. USCIS Removed 60-Day Rule for Civil Surgeon Signatures on Form I-693

After a non permanent waiver for programs submitted December 9, 2021 to March 30, 2023, on March 31, 2023, USCIS issued assistance that permanently eradicated the prerequisite to file Type I-693 in just 60 times of the civil surgeon signing the type.  Effective quickly, the new policy applies to all Kind I-693s, which includes ones that are presently pending with USCIS.

9. U.S. Section of Condition (DOS) Introduced Visa Charges Maximize for Certain Visa Types

On March 28, 2023, DOS printed a final rule about improves to specified visa application  processing costs and the Border Crossing Card (BCC) for Mexican citizens age 15 and in excess of.  The charge boosts choose outcome on Could 30, 2023. The modifications consist of the subsequent:

• The software processing fee for non-petition primarily based nonimmigrant visa purposes (apart from E classification) will be raised from $160 to $185 (15.6% enhance).
• The software processing fee for H, L, O, P, Q, and R categories will be elevated from $190 to $205 (7.9% boost).
• The processing cost for the BCCs for Mexican citizens age 15 and above will be lifted from $160 to $185 (15.6 % enhance).
• The cost for E group visa apps will be lifted from $205 to $315 (53.7% maximize).