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The Department of Homeland Security (DHS) announced that US Citizenship & Immigration Services (USCIS) will accept premium processing requests on a rolling basis for certain immigrant petitions (Form I-140) for multinational executives/managers and for members of professions with advanced degrees or exceptional ability seeking a national interest waiver. Immigrant petitions (Form I-140) are filed by employers sponsoring employees and individuals for US permanent residency (the US green card).  This is the first implementation phase of the previously announced premium processing expansion.

Employers will be able to request premium processing (expedited adjudication based on a government filing fee) in a staggered approach for the newly-included categories, but note that this benefit applies only to cases filed on or before a specific date in 2021.

Premium Processing May Be Requested Beginning On: Case Type Filed On or Before
June 1, 2022 EB-1C Multinational Managers/Executives January 1, 2021
July 1, 2022 EB-1C Multinational Managers/Executives March 1, 2021
July 1, 2022 EB-2 National Interest Waivers June 1, 2021

Continue Reading Long Awaited Expansion of Expedited Processing: EB-1 and EB-2 Employment Cases

On October 8, 2021, President Biden officially set an annual ceiling of 125,000 for refugee admissions to the United States during Fiscal Year (FY) 2022. This number represents the maximum number of refugees that may be admitted to the United States through September 30, 2022. The President set the annual refugee ceiling after consulting with members of the Senate and House Judiciary Committees.
Continue Reading White House Raises the Cap on Refugee Admissions to 125,000

In likely its last “midnight rule,” the Department of Homeland Security (DHS) plans to publish a more limited version of its Strengthening the H-1B Nonimmigrant Visa Classification Final Rule (the “Final Rule”). With the twin goals of aligning the H-1B regulations with the Immigration and Nationality Act and improving the integrity of the H-1B program, the Final Rule targets employers who assign H-1B workers to third-party worksites, requiring those employers to establish a valid “employer-employee” relationship.
Continue Reading Trump Administration Poised to Publish a More Limited H-1B Rule Before Inauguration Day

USCIS announced last week the implementation of adjustments that will slow the processing of Premium Processing Service cases, as well as increase filing fees for the majority of requests as part of a published Final Rule.

As covered in our previous blog post, a proposed Final Rule was reopened in January and the comment period extended to February 10.  On May 27, 2020, the USCIS Fee Rule went to the Office of Management and Budget’s Office of Information & Regulatory Affairs (OIRA).  OIRA completed its review on July 22, 2020, and the Final Rule was published on July 31, 2020.

In addition to lengthening processing for the Premium Processing Service and adjusting fees for petitions filed with USCIS, the Final Rule removes certain fee exemptions, changes fee waiver requirements, modifies intercountry adoption processing, and makes certain adjustments to filing requirements for nonimmigrant workers.

The Final Rule, including the adjusted fee amounts, is effective October 2, 2020.  Any application, petition, or request postmarked on or after that date must include the new fees under the Final Rule.

Adjustment to Premium Processing Timelines

As part of the Final Rule, USCIS has adjusted the processing time for its Premium Processing Service, which provides accelerated processing of some visa submissions for an additional filing fee ($1,440).  The Final Rule will increase the processing time from fifteen (15) calendar days to fifteen (15) business days.  This change will increase processing times associated with the Premium Processing Service, which will provide less flexibility to employers and lengthen the time required to secure approvals of work authorization.

Changes to Filing Fees for Nonimmigrant and Immigrant Petitions

The Final Rule adjusts the USCIS fee schedule to “provide for recovery of the estimated full cost of immigration adjudication and naturalization services,” according to the language in the published Final Rule.  DHS is adjusting USCIS fees by a weighted average increase of 20 percent, adding new fees for certain immigration benefit requests, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms.

Of particular note, USCIS has implemented varying filing fees for Form I-129, petitions with USCIS for H, L, O, E, and TN visas.  Under the Final Rule, each non-immigrant category will be subject to a separate fee rather than the current fee of $460.Continue Reading USCIS Lengthens Premium Processing Timeline and Implements Fee Increases, Among Other Adjustments

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Updated on April 2, 2020.

On Friday, March 27, 2020, US Citizenship and Immigration Services (USCIS) announced that it received a sufficient number of H-1B registrations through its new electronic registration system needed to reach the annual cap, which includes registrations for both the 65,000 regular cap, as well as the 20,000 allotted US advanced degree exemption (or “master’s cap”).

USCIS states that it will notify employers no later than March 31, 2020 if any of their registrations have been selected in the lottery.  The process remains as reported in our prior Mobile Workforce post, As March 20 Fast Approaches, Where Do Your H-1B Cap Cases Stand?
Continue Reading USCIS Announces H-1B FY 2021 Lottery Selection Complete, With Notification to Selected Petitioners Slated for March 31

Mayer Brown’s DC-based litigation team secured a victory when The Middle District of North Carolina issued a nationwide injunction barring the government from applying a 2018 policy memorandum released by the US Citizenship and Immigration Services, which purported to fundamentally alter how “unlawful presence” is calculated for the more than a million people present in…

The White House appears to be eyeing the former head of a well-known anti-immigration group, the Federation for American Immigration Reform, Julie Kirchner, to take the helm of US Citizenship & Immigration Services, the agency within the Department of Homeland Security charged with administering immigration and naturalization benefits. Kirchner, who joined the administration shortly after the president took office, currently serves as USCIS Ombudsman, the office tasked with resolving complex individual case issues, as well as providing recommendations for improvement in the administration of overall case processing.
Continue Reading DHS Shake-Up May Lead to Change in USCIS Leadership

Delay

As USCIS increases scrutiny of immigration filings, processing times for nearly all immigration categories has increased, as has the margin of error at agency service centers.  Liz Stern discusses changes within the agency, and how those changes are impacting employers and foreign nationals applying for US immigration benefits in a recent Law360 article.