Categories News & Updates USCIS

USCIS Proposed Fee Increases

USCIS proposed a fee increase for certain immigration services, including applications for naturalization and certain types of visas. The proposed fee increase would affect a wide range of individuals, including those seeking to become naturalized citizens, as well as those applying for nonimmigrant visas such as H-1B, L-1, and E-2 visas. The proposed fee increase would also apply to individuals seeking employment authorization documents and those seeking to renew their green cards.

The text of the proposed rule is now available and is noted at the bottom of this article. There is a variable fee for Form I-129 depending on the type of status sought, such as H-1B, L-1, TN, etc. The I-129 fee increase ranges between 70% – 201%. The current I-129 fee is $460.

According to the USCIS, the proposed fee increase is necessary to “ensure the agency has the resources it needs to maintain processing times, reduce backlogs, and improve its services.” The agency claims that it has not raised fees for many of its services in over a decade and that the proposed increase is necessary to keep pace with the rising costs of providing immigration services.

However, the proposed fee increase has faced widespread opposition from immigrant advocacy groups and some members of Congress. Critics argue that the fee increase would place an undue burden on immigrants and could discourage people from seeking legal immigration status. They also argue that the fee increase is unnecessary, as the USCIS already generates sufficient revenue through fees to cover its costs.

At this time, it is unclear when or if the proposed fee increase will take effect. The USCIS is required to allow for a period of public comment before implementing any changes to its fees. It is possible that the agency will make changes to the proposed fee increase based on the feedback it receives during this period.

In conclusion, the proposed fee increase from the USCIS has generated significant controversy and opposition. While the agency argues that the increase is necessary to maintain its operations, critics argue that it would place an undue burden on immigrants and is unnecessary given the agency’s current fee structure. Procedural rules require that the proposal go through a formal notice-and-comment period that will likely last 60 days, during which time any member of the public may submit feedback.

Here is a link to the proposed rule: https://lnkd.in/eQSvXPGY

Categories News & Updates USCIS

H-1B Cap Details Announced

U.S. Citizenship and Immigration Services has announced that the registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 18, 2022.

In order to file a new H-1B case, employers must complete registrations using the USCIS online H-1B registration system. H-1B registration is a simple online process, where employers submit details for each candidate they intend to sponsor for a new H-1B. The online form avoids extra paperwork and cost for employers. The cost for registration is $10 per candidate.

New H-1B cases are limited to an annual quota of 85,000. Of these, 20,000 are available to those who have earned an advanced degree from a U.S. college or university, while the remaining 65,000 are available to other qualified candidates.

USCIS introduced the concept of H-1B registration two years ago. There were 380,613 registrations filed for FY 2022 and 275,000 registrations filed for FY 2021. When USCIS receives more registrations than the annual cap of 85,000, a random lottery is run on the overall pool of registrations. Once the lottery is completed, USCIS notifies successful selections, at which point a full H-1B petition must be filed for the corresponding candidate.

Prospective H-1B cap-subject petitioners or their representatives will be able to create new accounts beginning at noon Eastern on Feb. 21. While companies can be set up in the system during this time, candidate information cannot be submitted until March 1st.

Anticipating that USCIS will receive more than 85,000 registrations by March 18th, they will run a lottery and notify successful registrants by March 31.

An H-1B cap-subject petition, including a petition for a beneficiary who is eligible for the advanced degree exemption, may only be filed by a petitioner whose registration for the beneficiary named in the H-1B petition was selected in the H-1B registration process.

Please contact your Graham Adair attorney with any specific questions, or contact us at info@grahamadair.com; +1 408 715 7067.

Categories News & Updates USCIS

DHS Rule Places New Restrictions on H-1Bs

Today, the Department of Homeland Security (DHS) published an interim rule that places additional restrictions on H-1Bs. This rule has been rumored for months and was rushed through the standard rulemaking process, bypassing the traditional notice and comment period. It is scheduled to go into effect in 60 days, however, bypassing standard rulemaking procedures does leave it open to potential legal challenges.

This rule, if it goes into effect, will do two primary things:

  • Specialty Occupation. It codifies the definition of “specialty occupation” and makes the criteria to meet specialty occupation more stringent. Specifically, the rule says that a bachelor’s degree specific to the H-1B position is required, and that positions allowing for “general degrees,” such as liberal arts or business management, would not be sufficient.
  • Third-Party Worksites. It also establishes new restrictions on employees who work at third-party worksites. This includes specific requirements to demonstrate employer-employee relationships, such as proving that the sponsoring company controls and supervises the work. It also limits the duration of third-party worksite H-1Bs to 1-year increments. It is important to note that employees working from their homes are not considered to be at a third-party worksite.

There are other provisions in the regulation, but the two items listed above will have the biggest impact on the H-1B process. It should be noted that this rule is going to face significant legal challenges, not only for bypassing the standard rulemaking procedures, but also for applying a different standard to “specialty occupation” that seems to go beyond what was contemplated in the original H-1B legislation.

It is possible to submit comments to the DHS on how this rule will impact employers, but the DHS is not required consider those comments before this rule is implemented. We will post updates on any legal action as they become available.

Categories Department of Labor News & Updates USCIS

Insights on Proposed H-1B Regulation Changes

The American Immigration Lawyers Association (AILA) has published some information on the possible regulatory changes that could be coming in the near future for the H-1B classification.  According to AILA, we can anticipate several proposed changes to the H-1B regulations.  These changes could include redefining “specialty occupation” to make it more restrictive than the current definition.  Changes to the rules around “employer-employee” relationships as it relates to 3rd party worksite placements, including changes to LCA requirements to make the 3rd party host part of the LCA process, are apparently being considered.  It is also anticipated that the Department of Labor will adjust prevailing wage requirements, which would impact H-1B petitions.

It is anticipated that these rules will be published as interim final rules and will go into effect immediately upon publishing.  It is also anticipated that there will be lawsuits filed to challenge the new regulations, which could lead to injunctions that would delay implementation of these new rules.

AILA anticipates that these rules are likely to be rolled out within the next 30 days.

Graham Adair is monitoring these rules very closely and will provide additional information as it becomes available.