U.S. Immigration Updates – Week of March 4, 2024

March 05, 2024

USCIS Provides Additional Guidance on Valid Passports or Travel Documents for FY2025 H-1B Registrations

On February 2, 2024, the Department of Homeland Security (DHS) published a final rule to improve the H-1B registration selection process and program integrity. As previously announced, U.S. Citizenship and Immigration Services (USCIS) will require registrants to provide valid passport information or valid travel document information for each beneficiary.

Valid Passport or Travel Document

A valid passport or travel document is required at the registration stage.
The passport or travel document listed in the registration must correspond to the passport or travel document the beneficiary intends to use to enter the United States, if or when the beneficiary is abroad.
Each beneficiary must be registered under only one passport or travel document.

Documents that are facially expired but automatically extended

In rare instances the passport or travel document may be past the expiration date listed on the document (i.e., facially expired) but may have had its validity extended by decree or automatically by the national government or issuing authority that issued the passport or travel document.
In this case, USCIS would consider those documents to be valid since they were extended by decree or automatically.
Registrants should enter the expiration date of the passport or travel document based on the extension, rather than the date which appears in the passport itself.

Passport or travel document valid at registration but expired at the time of the H-1B petition filing

The passport or travel document must be valid at the time of registration.
If the passport or travel document expires between when a registration is submitted and when the H-1B petition is filed, the petitioner should enter data from the new, currently valid passport or travel document on Page 3, Part 3 of Form I-129, Petition for Nonimmigrant Worker.
In support of the H-1B petition, the petitioner should provide documentation for both passports or travel documents to establish that the passport or travel document was valid at the time of registration and an explanation as to why there was a change in identifying information.
For any other extenuating circumstances, the registrant will have an opportunity during the registration process to provide a brief explanation as to why the beneficiary does not have a valid passport or travel document.

For additional details about the registration process, please visit H-1B Electronic Registration Process | USCIS.

FY 2025 H-1B Cap Registration Period Opens March 6, 2024

U.S. Citizenship and Immigration Services (USCIS) reminds employers that the initial registration period for the FY 2025 H-1B cap season will open at noon ET on March 6, 2024, and run through noon ET on March 22, 2024. A USCIS online account is required to register each beneficiary electronically for the selection process and pay the associated $10 registration fee.

USCIS has also announced:

Starting with the FY 2025 initial registration period, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary. The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document.
On February 28, 2024, USCIS launched new myUSCIS organizational accounts to allow multiple people within an organization, as well as their legal representatives, to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907, Request for Premium Processing Service. A new organizational account is required to participate in the H-1B Electronic Registration Process as of March 2024.
In March, USCIS will launch online filing of Form I-129, Petition for a Nonimmigrant Worker, and associated Form I-907 for non-cap H-1B petitions. Those who are filing Form I-129 alone or with Form I-907 may also file online.
On April 1, 2024, USCIS service centers will no longer accept Form I-129 petitions requesting
H-1B Specialty Occupation Worker or H-1B1 (HSC) Free Trade Agreement Worker (specialty occupation from Chile and Singapore) classification. USCIS will reject such H-1B or H-1B1 (HSC) petitions received at a USCIS service center on or after April 1, 2024. There will be no grace period.
Beginning on April 1, 2024, all paper-filed Form I-129 petitions requesting H-1B1 (HSC), or H-1B classification, including those with a concurrent Form I-907, Request for Premium Processing Service, and those with concurrently filed Form I-539 and/or Form I-765, must be filed at a USCIS lockbox facility.
USCIS will provide the lockbox filing addresses for paper-filed forms in late March via web alert and on its Form I-129 Direct Filing Addresses

SOURCE: FY 2025 H-1B Registration Period and myUSCIS Organizational Account Reminders

USCIS: Reminder New Filing Fees Take Effect on April 1, 2024

USCIS filing fees for certain petitions and applications filed with USCIS for immigration benefits are increasing effective April 1, 2024. The new filing fees will help USCIS fund its operations to process these petitions and applications. Here are some highlights:

The new USCIS filing fee schedule may be found at https://www.uscis.gov/frequently-asked-questions-on-the-uscis-fee-rule under the tab, “New Fee Schedule Table.”
USCIS has increased the H-1B registration fee from $10.00 per registration to $215.00 per registration. However, the $215.00 registration fee will NOT affect the FY 2025 H-1B registration period (March 6-22, 2024).
Employers that file a Form I-129 petition or Form I-140 petition must now pay, in addition to the new filing fee(s) for these forms, an Asylum Program Fee of $600.00 per petition. USCIS has still not provided any guidance as to whether the foreign national beneficiary may pay the $600.00 Asylum Program Fee on behalf of the employer in a Form I-140 context.

USCIS: Reminder – Certain Updated Forms Take Effect April 1, 2024, With No Grace Period

U.S. Citizenship and Immigration Services (USCIS) issued a reminder that under the new fee final rule effective April 1, 2024, the new 04/01/24 editions of several forms will be required, including:

Note: USCIS will only accept the 04/01/24 edition of these forms if they are postmarked on or after April 1, 2024.

USCIS: Reminder – Premium Processing Fees Have Increased

U.S. Citizenship and Immigration Services (USCIS) reminded employers that fees for Form I-907, Request for Premium Processing, increased as of February 26, 2024. The new fees are:

$2,805 if you are requesting premium processing of Form I-129 requesting E-1, E-2, E-3, H-1B,
H-3, L (including blanket L-1), O, P, Q, or TN nonimmigrant classification.
$1,685 if you are requesting premium processing of Form I-129 requesting H-2B or R nonimmigrant classification.
$2,805 if you are requesting premium processing of Form I-140 requesting EB-1, EB-2, or EB-3 immigrant visa classification.
$1,685 if you are requesting premium processing of Form I-765 with eligibility category (C)(3)(A), (C)(3)(B), or (C)(3)(C).
$1,965 if you are requesting premium processing of Form I-539 seeking change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status.

USCIS said that if it receives a Form I-907 postmarked on or after February 26, 2024, with the incorrect filing fee, it will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (e.g., UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt, USCIS said.

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 Fakhoury Global Immigration at info@employmentimmigration.com or 248.643.4900 for guidance if you have specific questions.

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