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Registration for the FY2024 H-1B lottery is officially underway as of March 1, 2023.  It will remain open for employers until March 17, 2023.  Contrary to some reports, you do not have a better chance of being selected if you register earlier.  In other words, applications received on March 1st have the same chances of being selected as those received on March 17th.  Good luck to everybody!

On January 20, 2023, USCIS indicated that it will adjudicate any I-539 and I-765 applications for dependent spouses and children that are concurrently submitted with an underlying I-129 petition for H-1B or L-1 status.  This will be done whether the I-129 petition was submitted via regular processing or premium processing.

So what does this mean?  When an employer files a petition for H-1B or L-1 status on behalf of its employee, that employee’s spouse and children can submit their applications to change or extend their respective H-4 or L-2 status with that petition.  If eligible, the dependent spouse can also submit his or her application for employment authorization (EAD) with the application as well.  In the past, USCIS would adjudicate all of the applications separately based on their respective timelines.  This meant that an H-1B transfer could be approved, while the wife and children’s H-4 statuses remained pending for several more months.  It could also mean that H-4’s were approved but EAD’s were not approved at the same time.  This reinstated policy will ensure that if the underlying employer petition is approved, all dependent applications and EAD applications that were submitted concurrently would be adjudicated (and hopefully approved) at the same time.  This will alleviate the burden and uncertainty many family members of certain non-immigrant visas face.

USCIS announced that the H-1B lottery for FY2024 opens at 12:00 pm EST on March 1, 2023.  The lottery will close on 12:00 pm EST on March 17, 2023.  During this window, employers can submit registrations for anybody they wish to petition for H-1B status beginning October 1, 2023.  More details to follow…

USCIS announced that it will extend expired green cards for up to 48 months if an I-751 petition to remove conditions on residence was properly and timely filed.

Green card holders who were married for fewer than two years at the time their green card was approved will be issued a 2-year green card known as conditional residency. In these cases, the green card holder will have to apply for a 10-year green card known as permanent residency in the 90-day window before their 2-year green card expires.

When an I-751 petition is submitted, USCIS will mail a receipt notice to the green card holder that automatically extends the validity of the green card beyond the current expiration. In the past, the extension was granted for 12 months – and eventually 18 or even 24 months. However, with I-751 processing times facing major backlogs, USCIS has decided to extend expired green cards for 48 months (4 years).

The goal is to ensure that those who are waiting for a decision on the 10-year green card to be able to continue working and traveling abroad without any interruption or disruption.

If you currently have a 2-year conditional resident green card, feel free to contact us to discuss logistics with respect to applying to remove the conditions.

In January 2023, USCIS issued a proposed rule to increase the filing fees for several immigrant and non-immigrant petitions.  If the rule goes into effect, we could see the fee increases as early as this summer.  Examples of some of the fee increases include:

$760:  Application for Naturalization (increase of $35)

$720:  Petition for Foreign Fiance (increase of $185)

$710:  Petition for Alien Relative (increase of $175)

$1,105:  Petition to Remove Conditions on Residence (increase of $600)

$780:  Petition for Alien Worker (increase of $320)

$650:  Application for Employment Authorization (increase of $240)

$630:  Application for Travel Document (increase of $55)

$1,540:  Application for Adjustment of Status (increase of $315)