U.S. Immigration Alerts

U.S. Immigration Updates – Week of February 12, 2024

USCIS Completes 10 Million Immigration Cases in FY2023; First Backlog Reduction in Over a Decade

U.S. Citizenship and Immigration Services (USCIS) released end of fiscal year (FY) 2023 data that illustrate the agency’s progress in meeting its strategic priorities:

• In FY 2023, USCIS received 10.9 million filings and completed more than 10 million pending cases, both record-breaking numbers in the agency’s history. In doing so, USCIS reduced overall backlogs by 15%.
• In FY 2023, USCIS and the Department of State (DOS) issued more than 192,000 employment-based immigrant visas – far above the pre-pandemic number. For the second year in a row, no available visas went unused.
• The agency increased the maximum validity period of Employment Authorization Documents (EADs) to five years for adjustment of status applicants.
• USCIS also clarified eligibility for a range of immigration services, including the International Entrepreneur Rule, the EB-1 immigrant visa for individuals of extraordinary ability and outstanding professors and researchers, and the waiver of the two-year foreign residence requirement for J-1 cultural and educational exchange visitors (including foreign medical graduates).
• USCIS also removed the biometrics fee and appointment requirement for applicants for a change or extension of nonimmigrant status and updated the agency’s interpretation of the Child Status Protection Act to prevent many child beneficiaries of noncitizen workers from “aging out” of child status, allowing them to seek permanent residence along with their parents.
• USCIS will work to maintain the median processing times of 30 days for certain EAD applications filed by individuals who entered the United States after scheduling an appointment through the Customs and Border Protection.
• USCIS will also continue to update policy guidance for the EB-5 investor visa program, incorporating statutory reforms to the Regional Center Program as they relate to regional center designation and other requirements for immigrant investors.
• USCIS will also finalize a new rule on the H-1B program for specialty occupation workers.
• USCIS will also propose a new rule on the adjustment of status process, including regulations clarifying the age calculation under the Child Status Protection Act and providing employment authorization for certain derivative beneficiaries awaiting immigrant visa availability when they present compelling circumstances.

Source: Completing an Unprecedented 10 Million Immigration Cases in Fiscal Year 2023, USCIS Reduced Its Backlog for the First Time in Over a Decade | USCIS and ABIL Immigration Insider, February 11, 2024.

DOS: the U.S. Embassy and Consulates in India Processed a Record-Breaking Number of Visas in FY 2023

In 2023, the U.S. Embassy and Consulates in India processed a record-smashing 1.4 million U.S. visas:

• The U.S. Consular Team in India processed more visas than ever before in 2023, bringing down visitor visa appointment wait times by 75%.
• Demand across all visa classes was unprecedented, with a 60% increase in applications compared to 2022.  Indians now represent one out of every ten U.S. visa applicants around the world.
• Visitor visas (B1/B2) have rebounded to represent the second highest number of applications in the U.S. Mission’s history – over 700,000. Process improvements and investments in staffing have brought the appointment wait time for visitor visas down from an average of 1,000 days to only 250 days around the country.
• In 2023, the U.S. consular team in India issued over 140,000 student visas – more than in any other country in the world setting a record for the third year in a row.
• Employment visas remain a top priority.  Consular Team India consolidated most petition-based visa processing in Chennai and Hyderabad to increase efficiency, leading to the processing of over 380,000 employment visas for Indians and their family members in 2023 and allowing the U.S. Mission to maintain a minimal appointment wait time.
• The U.S. Mission continues to invest in the future of consular services in India.  These investments have included the opening of a new $340 million dollar facility in Hyderabad in March 2023, the announcement of two new consulates in Ahmedabad and Bangalore, continued capital improvements to our facilities around the country, and the permanent assignment of more consular officers to India.

SOURCE: Department of State, U.S. Sets Visa Records in India in 2023 through Staffing Increases, Innovations, and Increased Efficiency – U.S. Embassy & Consulates in India (usembassy.gov)

USCIS Increases Fees for EB-5 Petitions

The USCIS is substantially increasing fees for the EB-5 Immigrant Investor Program effective April 1, 2024.  Applicants intending to file EB-5 petitions should contact their immigration attorney to see about filing before the new fees take effect. Below are the fee increases for EB-5 specific filings:

Beginning April 1, 2024, EB-5 applicants will also need to pay separate fees for Forms I-765 (Application for Employment Authorization), I-131 (Application for Travel Document), and I-485 (Application to Register Permanent Residence or Adjust Status).  These fees will no longer be bundled together. Below is a chart of the fee increases for these filings:

The complete schedule of USCIS fee increases can be found on the USCIS’s webpage on “Frequently Asked Questions on the USCIS Fee Rule” under the tab, “New Fee Schedule Table.” Frequently Asked Questions on the USCIS Fee Rule | USCIS

USCIS Schedules Additional Tech Talks on Organizational Accounts

U.S. Citizenship and Immigration Services (USCIS) will host additional Tech Talks in February and March about the new USCIS organizational accounts in preparation for the fiscal year 2025 H-1B electronic registration season and online filing of Form I-129, Petition for a Nonimmigrant Worker, and Form I-907, Request for Premium Processing Service, for H-1B petitions. The next five sessions will be held:

• Tuesday, Feb. 20, 2024, 2-2:45 p.m. Eastern
• Tuesday, Feb. 27, 2024, 2-2:45 p.m. Eastern
• Thursday, Feb. 29, 2024, 2-2:45 p.m. Eastern
• Tuesday, March 5, 2024, 2-2:45 p.m. Eastern
• Thursday, March 7, 2024, 2-2:45 p.m. Eastern

No registration is required for these events. Participants should go to the USCIS webpage, “Join Us for Our Tech Talks on the Organizational Accounts” and click on the link to the specific event they wish to attend: Join Us for Our Tech Talks on the Organizational Accounts | USCIS. Please use Microsoft Teams to join the engagements. USCIS recommends using Microsoft Edge, Chrome, or Firefox as the web browser. Participants may also view the engagement from a mobile device with the Microsoft Teams application.

DOJ: EOIR to Transition to DOJ Login

The Department of Justice’s (DOJ) Executive Office for Immigration Review (EOIR) announced new procedures for accessing the EOIR Courts and Appeals System (ECAS) Case Portal:

• EOIR is transitioning to “DOJ Login,” a cloud-based identity management and authentication service. To facilitate this change, users must confirm or correct their primary email address, which will serve as their DOJ Login ID.
• All currently registered practitioners will be migrated to DOJ Login ID to access ECAS Case Portal, EOIR said.
• EOIR is implementing a phased migration that it expects to complete this spring. EOIR said it has developed detailed instructions for this phased transition and will notify users by email when it is time for them to activate their new DOJ Login ID.
• Those who have questions or need assistance can email customer support at techsupport@usdoj.gov or call 1-877-388-3842.

SOURCE: EOIR notice (Feb. 9, 2024)

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or 248.643.4900 for guidance if you have specific questions.