Kris Quadros-Ragar, Esq.

The latest policy alert, PA-2024-05, issued by the U.S. Citizenship and Immigration Services (USCIS) on March 21, 2024, brings revisions to the USCIS Policy Manual, specifically focusing on expediting requests. These updates aim to simplify and elucidate the process for applicants, particularly those facing emergencies or urgent humanitarian needs. The primary goal is to make it easier for applicants to understand how to request expedited processing for their various submissions, including applications, petitions, appeals, or motions, especially in cases concerning government interests or urgent situations. While USCIS has historically permitted immigration benefit seekers to request expedited application processing in specific circumstances, the process has frequently been perceived as unclear, with decisions made arbitrarily on a case-by-case basis. The recent update seeks to rectify this by providing clarity and uniformity to the process and establishing explicit criteria and documentation standards. In order to request expedited processing, applicants need to adhere to a more defined procedure. This involves submitting thorough documentation and illustrating the urgency or government relevance of their case. The recent update also explains how USCIS reviews these requests, offering applicants a better grasp of the process. The update introduces special measures for speeding up the processing of Form I-131 (Application for Travel Document) in emergency situations. This acknowledges the urgent need for certain applicants to travel. The policy also acknowledges that expedited requests may be evaluated if there is evident USCIS error, aiming to uphold fairness and accountability within the processing system. These changes aim to make the expedited request process more transparent and understandable for applicants and their representatives. In summary, USCIS's revision regarding expedited requests signifies a notable advancement in rendering the immigration process more transparent and attentive to applicants' requirements. By comprehending these updated guidelines, applicants and their representatives can more effectively navigate the expedited request procedure, ensuring that urgent cases receive due consideration. If you believe you qualify for expedited processing under the recent USCIS policy updates, feel free to contact our office, and we will be more than happy to assist you. FONT : https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

The United States has concluded the initial registration phase for the Fiscal Year 2025 H-1B cap season, wrapping up on March 25, 2024 , at noon Eastern Time after a three-day extension. According to a statement from the U.S. Citizenship and Immigration Services (USCIS), the agency will soon commence the random selection of beneficiaries from properly submitted registrations. These selections are anticipated to fulfill the numerical allocations for the FY 2025 H-1B cap, including the master’s cap exemption. Once selected, prospective petitioners will be notified of their eligibility to file an H-1B cap-subject petition for the chosen beneficiaries . As of April 1, 2024, USCIS has implemented a change in the filing location for H-1B and H-1B1 (HSC) Form I-129 petitions. All paper-based submissions must now be directed to USCIS lockbox locations, superseding service centers . This directive applies universally to cap, non-cap, and cap-exempt H-1B filings. Mailing addresses specifically designated for H-1B cap cases can be found on the Form I-129 Direct Filing Addresses page. A clear warning has been issued by USCIS regarding petitions received at USCIS service centers on or after April 1, 2024. Any such submissions will be rejected outright, without any grace period provided. Alongside these procedural adjustments, USCIS has introduced new fees and a revised edition of Form I-129, effective April 1, 2024 . Henceforth, petitions postmarked on or after this date must adhere to the updated fees and utilize the latest edition of Form I-129. USCIS will reference the postmark date to ascertain the correct form version and applicable fees. If you are considering an H-1B visa application or have any questions, please schedule a consultation with one of our experienced attorneys. We are here to assist you.

Embarking on the exhilarating journey of launching a new tech startup in the United States is a venture that blends innovation with ambition, and the dynamic landscape of the country offers an unparalleled stage for entrepreneurs to turn their groundbreaking ideas into thriving businesses. The United States highly values its position among the technology leaders of the world. In a nation fueled by a relentless pursuit of technological advancements, the process of bringing a startup to life involves navigating through a myriad of opportunities, challenges, and regulatory landscapes. This is particularly true for foreign entrepreneurs, who must also navigate the immigration system in addition to focusing on launching their businesses. Nevertheless, the United States recognizes the value in bringing technological innovators into the country and has created special considerations for immigrants with education in STEM (Science, Technology, Engineering, and Mathematics) who are seeking to develop important cutting-edge technologies in the United States. These special considerations apply to the EB-2 National Interest Waiver, an immigrant visa classification which leads to permanent residency, and eventually citizenship in the United States. At the heart of every EB-2 National Interest Waiver petition is a proposed endeavor, and while these proposals for the United States can be about nearly anything, the Immigration Service is directed to recognize particular importance for proposals that aim to develop specific technologies that the Biden administration has identified as critical for U.S. competitiveness and national security. In particular, these areas of critical and emerging technologies include: Advanced Computing Advanced Engineering Materials Advanced Gas Turbine Engine Technologies Advanced Manufacturing Advanced and Networked Sensing and Signature Management Advanced Nuclear Energy Technologies Artificial Intelligence Autonomous Systems and Robotics Biotechnologies Communication and Networking Technologies Directed Energy Financial Technologies Human-Machine Interfaces Hypersonics Networked Sensors and Sensing Quantum Information Technologies Renewable Energy Generation and Storage Semiconductors and Microelectronics Space Technologies and Systems If you are a tech entrepreneur with an education in a STEM field, seeking to launch a startup in the U.S. developing any of these technologies, the EB-2 National Interest Waiver might be your ticket to permanent residency. Whether you're drawn to the iconic landscapes of Silicon Valley or the emerging tech scenes across the nation, the time is now to make your mark. If you are interested in applying for a National Interest Waiver to launch a startup in the United States, schedule an appointment with one of our skilled attorneys.

The U.S. Citizenship and Immigration Services (USCIS) has recently announced a significant enhancement to its customer experience with the upcoming launch of organizational accounts for H-1B cap season. These measures, set to debut in February 2024 , aim to boost efficiency and foster collaboration among organizations, legal representatives, and USCIS. One of the key features of this improvement is the introduction of organizational accounts for non-cap filings and the fiscal year (FY) 2025 H-1B cap season. This innovation allows multiple individuals within an organization and their legal representatives to collaborate seamlessly on H-1B registrations, Form I-129 (Petition for a Nonimmigrant Worker), and associated Form I-907 (Request for Premium Processing Service). The introduction of organizational accounts marks a transition to a fully electronic H-1B lifecycle, covering registration, petition preparation, decision-making, and transmission to the Department of State. USCIS expects to launch organizational accounts in February 2024, with the online filing of Forms I-129 and I-907 following shortly thereafter. This shift to electronic filing is anticipated to streamline the H-1B petition process, reducing common errors and eliminating duplicate H-1B registrations. Further, as part of USCIS's broader efforts to enhance efficiency and standardize processes, the paper filing location for Forms I-129 and I-907 will transition from service centers to the USCIS lockbox. This move aims to reduce costs while maintaining a more streamlined and standardized approach to handling H-1B petitions. With these customer experience improvements, USCIS is taking a significant stride towards modernizing and streamlining the H-1B petition process. As we approach the FY 2025 H-1B registration period, Santos Lloyd Law Firm is closely monitoring the evolving landscape of H-1B changes and actively engaging in upcoming sessions to maximize the benefits of these improvements.

In a recent update, the U.S. Citizenship and Immigration Services (USCIS) confirmed that the immigration agency has received a sufficient number of petitions, meeting the congressionally mandated caps for H-1B visas for fiscal year (FY) 2024. Both the regular cap of 65,000 and the U.S. advanced degree exemption, also known as the master’s cap, of 20,000 have been reached. Non-selection notices will be sent to registrants through their online accounts over the next few weeks. For those exempt from the cap, USCIS will continue to accept and process petitions. This includes petitions filed for current H-1B workers who have been previously counted against the cap and still retain their cap number. Fiscal Year (FY) 2025 Lottery Registration for the H-1B cap lottery for FY 2025 is expected to open in March 2024. The increase in submissions from previous years, especially for workers with multiple registrations, has prompted the agency to express concerns about attempts to manipulate the selection process. If the proposed changes released by USCIS on October 23, 2023, are implemented, there is an anticipation of a more streamlined H-1B process, where registrants will be selected as individuals and not based on the number of registrations. Meanwhile, USCIS has initiated fraud investigations into alleged efforts to manipulate the lottery, which could result in the denial of petitions or referrals to law enforcement. The agency is still accepting petitions for visas exempt from the H-1B cap, such as those for jobs at colleges and universities or research institutions. Santos Lloyd Law Firm will continue to monitor developments and publish updates related to the Fiscal Year 2025 H-1B lottery as they become available. Font: https://www.uscis.gov/newsroom/alerts/uscis-reaches-fiscal-year-2024-h-1b-cap

The U.S. Department of Homeland Security (DHS), through the U.S. Citizenship and Immigration Services (USCIS), has unveiled a Notice of Proposed Rulemaking (NPRM) with the objective of modernizing the H-1B specialty occupation worker program. This proposed overhaul is intended to simplify eligibility requirements, enhance program efficiency, provide improved benefits and flexibilities for both employers and workers and reinforce measures to guarantee the integrity of the program. The H-1B program plays a vital role in allowing U.S. employers to recruit the talent they need to meet business demands and maintain their competitiveness in the global arena while adhering to the legal protections of U.S. workers. Alejandro N. Mayorkas, the Secretary of Homeland Security, affirms that DHS is committed to developing and implementing regulations that streamline processes for employers and workers in the immigration system. The top priority of the Biden-Harris Administration is to attract global talent, reduce undue burdens on employers, and combat fraud and abuse in the immigration system.

In March 2023, the U.S. Citizenship & Immigration Services (USCIS) conducted the initial random selection for the fiscal year (FY) 2024 H-1B cap. Only selected registrations were eligible to file H-1B cap-subject petitions during the initial filing period from April 1, 2023, through June 30, 2023. At the end of July 2023, the USCIS provided an update on the H-1B cap selection, stating that additional registrations were required to reach the FY 2024 numerical allocations.

The United States Citizenship and Immigration Services (USCIS) recently posted a notice expressing concerns about possible fraud in the registration process for H-1B visas during the Fiscal Year 2024 H-1B Registration. On March 27, 2023, the USCIS announced that they had reached the annual limit for the fiscal year 2024 H-1B registrations, having received 780,884 electronic registrations, a significant increase from the previous year's 483,927 registrations, which had also seen a considerable increase from the year before that.