Stay Current on Immigration Issues

Department of State Issues Updates on Administrative Processing

There have been some recent significant developments within the United States Department of State (“DOS”) in relation to overseas visa processing times, which appear to be promising for both current and future visa applicants. The Department of State has been implementing strategies and adopting advanced technology to process visas more efficiently than ever before. A key aspect of these improvements revolves around reducing the duration of "administrative processing," which includes additional steps that must be completed by a consular officer before a visa application can be finalized. In many cases, these steps can involve additional national security vetting.   The DOS indicated...

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Update: OFLC Postpones Date for Submitting Revised ETA-9089 Form to June 1, 2023

As an update to its earlier announcement, OFLC confirmed today that it is postponing the date for applicants to begin submitting new, revised ETA-9089s from May 16, 2023 to June 1, 2023.  It will no longer accept any new applications submitted via the legacy PERM Online System after May 31, 2023, at 6:59 pm Eastern Standard Time. Applicants should continue to use the current ETA-9089 form in the meantime. For additional information relating to the revised ETA-9089, please see Global Immigration Partners' prior Employer Alert here. We will continue to provide future Alerts if there are additional important developments during this transition process....

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ICE Announces August 30, 2023 Deadline for Employers to Reach I-9 Compliance

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) recently announced that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023. These flexibilities were first announced in March 2020 and subsequently extended throughout the COVID-19 pandemic. DHS encourages employers who have been using those temporary flexibilities to plan ahead to ensure that all required physical inspections of identity and employment eligibility documents are completed by August 30, 2023. It is important to note that this deadline applies to individuals hired on or after...

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Revised Form ETA-9089 Required After May 15, 2023

The Department of Labor’s (“DOL”) Office of Foreign Labor Certification (“OFLC”) recently announced a revised Form ETA-9089, which it will begin accepting in the Foreign Labor Application Gateway (FLAG) system on May 16, 2023. It will no longer accept any new applications submitted via the legacy PERM Online System after May 15, 2023, at 6:59 PM EST, so any eligible Form ETA-9089 drafted under the legacy PERM system should be submitted before then.   Overall, it appears that the revisions to the Form ETA-9089 are intended to promote greater efficiency and transparency in OFLC’s review of applications. Some notable changes include:   Employers...

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USCIS Releases FY 2024 H-1B Cap Registration Numbers

  USCIS has released the FY 2024 H-1B Cap registration numbers, noting that it saw a significant increase in the number of registrations submitted this year, as compared to prior years.     This chart reproduced below shows registration and selection numbers for fiscal years 2021-2024 (as of April 24, 2023).     Cap Fiscal Year  Total Registrations  Eligible Registrations*  Eligible Registrations for Beneficiaries with No Other Eligible Registrations  Eligible Registrations for Beneficiaries with Multiple Eligible Registrations  Selections**  2021  274,237  269,424  241,299  28,125  124,415  2022  308,613  301,447  211,304  90,143  131,924  2023  483,927  474,421  309,241  165,180  127,600  2024  780,884  758,994  350,103  408,891  110,791    The number of selections was smaller in FY24 than in prior years primarily due to (a) establishing a higher anticipated petition filing rate by selected registrants based on prior years; and (b) higher projected...

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USCIS Updates Policy Manual on Timely Paper-Based Filings

The USCIS has issued a policy update today regarding timeframes for paper-based filings and responses ending on Saturdays, Sundays, or federal holidays. Effective immediately, USCIS will consider a filing or response submitted on paper timely if received by the end of the next business day when the last day to file a benefit request or respond to a USCIS action falls on a Saturday, Sunday, or federal holiday. Please note that the receipt date will continue to reflect the date USCIS physically received the request. This policy update will apply to all benefit requests and responses to Requests for Evidence...

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USCIS Completes FY2024 H-1B Electronic Registration Selection Process

 USCIS announced today that it has completed its random selection of FY2024 H-1B cap registrations that were properly submitted, and have notified all prospective petitioners with selected registrations that they are eligible to file a H-1B cap-subject petition. Registrants’ online accounts have been updated accordingly.    H-1B cap-subject petitions may be filed, beginning April 1, 2023, until June 30, 2023, at the service center noted on the registration selection notice.   If you submitted registrations for prospective H-1B employees and would like GIP to prepare petitions for those candidates to submit during the filing window, please reach out to your contact at our office...

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USCIS Ends COVID-19 Flexibilities

USCIS announced it is ending the extension of its COVID-19-related flexibilities on March 23, 2023.   As such, individuals must respond to any notices or requests dated after March 23, 2023 by the deadlines listed in the notice requested. This includes:    Requests for Evidence;  Continuations to Request Evidence (N-14);  Notices of Intent to Deny;  Notices of Intent to Revoke;  Notices of Intent to Rescind;  Notices of Intent to Terminate regional centers;  Notices of Intent to Withdraw Temporary Protected Status; and  Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.    Notices and requests issued prior to...

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Terminated Nonimmigrant Workers May Receive 180 Day Grace Period to find New Employment

Terminated Nonimmigrant Workers May Receive 180 Day Grace Period to find New Employment     Brandon D. Neuman, Attorney    As the tech industry continues to see massive layoffs, foreign workers that are impacted by the layoffs currently have a 60-day grace period to find a new employer who will transfer their visa. If they go beyond 60 days, they are considered out of status and could face issues with future applications. In order to retain these valuable resources, the Biden Administration proposed extending the period to 180 days, which will provide a welcome relief, if implemented.     However, this recommendation faces at least two administrative challenges...

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USCIS Extends H-1B Cap Registration Window to 5 PM ET on Monday, March 20, 2023

Due to a technical issue users were experiencing with the MyUSCIS H-1B cap registration website yesterday, USCIS has extended the registration window until 5 PM ET on Monday, March 20, 2023. They confirmed that any paid and completed registrations were not impacted by this technical issue....

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