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Cap Reached for Additional Returning Worker H-2B Visas for the Early Second Half of FY 2023

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U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 16,500 H-2B visas made available for returning workers for the early second half of fiscal year (FY) 2023 with start dates from April 1, 2023 to May 14, 2023, under the FY 2023 H-2B supplemental visa temporary final rule. We will reject and return any H-2B petitions received after March 30, 2023, that are filed for a returning worker under the early second half of FY 2023 allocation.

We continue to accept petitions for H-2B nonimmigrant workers for the additional 20,000 visas allotted for nationals of Haiti, El Salvador, Guatemala, and Honduras for the first and second halves of FY 2023. Eligible petitioners whose workers were not accepted for the 16,500 returning-worker allotment for the early second half of FY 2023 are encouraged to file under the Haiti, El Salvador, Guatemala, and Honduras allotment while visas remain available. As of March 30, 2023, USCIS has received petitions requesting 9,791 workers under the 20,000 visas set aside for nationals of Haiti, El Salvador, Guatemala, and Honduras.

Starting April 13, 2023, we will begin accepting petitions for workers for the late second half of FY 2023, requesting employment start dates from May 15, 2023, to Sept. 30, 2023. The 10,000 visas made available under this allocation are limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2020, 2021, or 2022, regardless of country of nationality.

We will also continue to accept H-2B petitions for workers who are exempt from the congressionally mandated cap. This includes petitions for:

  • Current H-2B workers in the United States petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;
  • Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
  • Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam (until Dec. 31, 2029).

Additional information on the FY 2023 supplemental visas is available on the Temporary Increase in H-2B Nonimmigrant Visas for FY 2023 page.

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USCIS Removes 60-Day Rule for Civil Surgeon Signatures on Form I-693

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U.S. Citizenship and Immigration Services is removing the requirement that civil surgeons sign Form I-693, Report of Immigration Medical Examination and Vaccination Record, no more than 60 days before an individual applies for an underlying immigration benefit, including Form I-485, Application to Register Permanent Residence or Adjust Status. The requirement had been subject to a temporary waiver since Dec. 9, 2021.

This policy update will allow USCIS to adjudicate cases with immigration medical examinations that would previously have been considered invalid. Rather than issuing Requests for Evidence (RFEs) for Form I-693 signed more than 60 days before the filing of the I-485, but otherwise valid, we will be able to accept these Forms I-693 for adjudicative purposes for up to 2 years after the date the civil surgeon signed the form.

Applicants, civil surgeons, USCIS officers, federal partners, and other stakeholders have consistently expressed concern that this requirement is confusing and necessitates RFEs to be issued for otherwise valid Forms I-693. While the 60-day rule was intended (PDF, 168.6 KB) to enhance operational efficiency and reduce the need to request updated Forms I-693 from applicants, in practice these efficiencies have not been realized.

Civil surgeons no longer have to sign Form I-693 no more than 60 days before the underlying application for an immigration benefit is filed.

USCIS is publishing this change in policy in the policy manual consistent with the updated Form I-693 approved by OMB.

For more information, see the policy alert (PDF, 322.12 KB). Visit our Policy Manual Feedback page to comment on this update.

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Provision Allowing Special Immigrant Juveniles to File Form I-360 in Person Before Their 21st Birthday

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Petitioners for Special Immigrant Juvenile (SIJ) classification (or their representatives) may schedule an appointment within two weeks before their 21st birthday to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, in person.

SIJ petitioners must file Form I-360 before their 21st birthday. SIJ petitioners nearing age 21 may call the USCIS Contact Center at 800-375-5283 to schedule an SIJ expedite appointment at a local field office so they can file Form I-360 in person within two weeks before they turn 21.

The SIJ petitioner (or their representative) may use that appointment to file Form I-360 in person at the field office. We will not examine the request for completeness, but we will process it following standard receipting procedures. If your Form I-360 is properly filed, we will issue a Form I-797, Notice of Action, using the date we physically received it at the field office as the receipt date.

For additional information on in-person filing of Form I-360 by SIJ petitioners before their 21st birthday, please visit the Special Immigrant Juveniles webpage.

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FY 2024 H-1B Cap Season Updates

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H-1B Initial Electronic Registration Selection Process Completed

U.S. Citizenship and Immigration Services (USCIS) has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). We have randomly selected from the registrations properly submitted to reach the cap, and have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):

  • Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
  • Selected: Selected to file an H-1B cap petition.
  • Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
  • Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, disputed, or otherwise invalid.

For more information, visit the H-1B Electronic Registration Process page.

FY 2024 H-1B Cap Petitions May Be Filed Starting April 1

H-1B cap-subject petitions for FY 2024, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2023, if based on a valid, selected registration.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2024, and only for the beneficiary named in the applicable selected registration notice.

An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2024 H-1B cap-subject petition.

Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval based on existing statutory and regulatory requirements.

Selection in the registration process does not relieve the petitioner of submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.

For more information, visit the H-1B Cap Season page.

Pre-paid Mailer Suspension

We will not use prepaid mailers to send out any communication or final notices for FY 2024 cap-subject H-1B petitions, including those requesting consideration under the advanced degree exemption.

The process of printing and mailing the cap-subject H-1B petition approval notices by first-class mail is fully automated. Using prepaid mailers requires a separate, more time-consuming manual process. The existing automated process is more efficient for both petitioners and USCIS. Because of this, we will use first-class mail as we work to process all cap-subject petitions in a timely manner.

Receipt Notice Delays

When we receive a timely and properly filed H-1B cap subject petition, the petitioner (and, if applicable, the petitioner’s legal representative) will be provided a Form I-797, Notice of Action, communicating receipt of the petition. Due to increased filing volumes typically seen during H-1B cap filing periods, there are instances where a petition is timely and properly filed, but issuance of the Form I-797 is delayed. If you are a petitioner and have confirmation from the delivery service that the petition was delivered, but you have not yet received a Form I-797 confirming receipt of the petition, you should not submit a second petition. If you have confirmation from the delivery service that the petition was delivered and you then submit a second petition, you will be considered to have submitted duplicate petitions. This will result in denial or revocation of both petitions.

If more than 30 days have passed since the confirmation of delivery and you have still not received a Form I-797, you may contact the USCIS Contact Center for assistance.

If you receive notification from the delivery service, or your tracking information suggests, that there may be a delay or damage to the package or that the package was misrouted, you should follow the Delivery Service Error Guidance on the H-1B Cap Season webpage.

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USCIS Announces End of COVID-Related Flexibilities

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U.S. Citizenship and Immigration Services today announced that certain flexibilities it first announced in March 2020, to address the COVID-19 pandemic will end on March 23, 2023. USCIS previously notified the public in its Jan. 24, 2023, announcement that barring any changes presented by the pandemic, the extension of these flexibilities announced on Jan. 24 would be the last.

You must respond to any notices or requests from USCIS dated after March 23 by the deadlines listed in the notice or request. 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.

Additionally, if you wish to file Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), regarding a decision dated after March 23, 2023, you must comply with the deadlines in the form instructions.

USCIS retains discretion to provide certain flexibilities on a case-by-case basis upon request, for applicants or petitioners affected by an emergency or unforeseen circumstance, such as natural catastrophes (hurricanes, wildfires, severe weather, etc.), national emergencies (public health emergencies), or severe illness (including COVID). Please see the Immigration Relief in Emergencies or Unforeseen Circumstances webpage for more information about remaining case-by-case flexibilities

As a reminder, the flexibilities regarding reproduced signatures first announced on March 20, 2020, became policy as announced on July 25, 2022.

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USCIS Updates Guidance on Administrative Naturalization Ceremony Venues

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U.S. Citizenship and Immigration Services is issuing policy guidance in the USCUS Policy Manual to clarify the types of venues USCIS may use for administrative naturalization ceremonies.

This clarifying guidance is part of USCIS efforts to educate the public and those seeking to donate venue spaces, and to provide more transparency on how to partner with USCIS on naturalization ceremonies. USCIS has a long-standing goal of promoting public understanding of the naturalization process and welcomes facility donations from public and private entities in line with our Policy Manual guidance and corresponding federal regulations.

This update, contained in Volume 12 of the Policy Manual, is effective immediately, and includes the following:

  • Clarifies the process for potential donors of facilities to submit an offer to donate the use of facilities.
  • Eliminates the requirement for a donor to complete and submit an Offer of Gift from Non-Governmental Sources (Form G-1194).
  • Explains the internal USCIS process for review and approval and simplifies the process for organizations to submit offers to donate the use of facilities on multiple dates.
  • Clarifies the many types of venues where USCIS may hold ceremonies by providing a non-exhaustive list of commonly used locations and the considerations for accepting the donation of the facilities.

This update, contained in Volume 12 of the Policy Manual, is effective immediately.

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Update: ICE Guidelines Requiring In-Person Study for International Students at United States Colleges Rescinded

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Update: ICE Guidelines Requiring In-Person Study for International Students at United States Colleges Rescinded

In early July, 2020, the United States Immigration and Customs Enforcement (ICE) issued regulations that would have required international students in the United States to enroll in in-person study at colleges or leave the country. Obviously, these guidelines were cause for concern to many international students who are currently attending schools in the United States that have already decided to offer online-only courses this fall in light of the COVID-19 pandemic. The guidelines were also met with harsh criticism from university administrations, as well as state attorney generals.

Fortunately, the guidelines were rescinded.

According to CNBC, over 200 colleges supported a federal court lawsuit that was brought against ICE by Harvard University and the Massachusetts Institute of Technology (MIT) after the regulations were announced. Additionally, 17 states and the District of Columbia had also filed a lawsuit seeking to block the guidelines. According to USA Today, the guidelines were characterized in this lawsuit as “cruel, abrupt and unlawful.†The lawsuit sought an injunction which, if granted, would have barred the guidelines from taking effect during the course of the court proceedings.

The reversal of the guidelines returns the federal policy regarding international student enrollment and study to the policy that was effective this past spring, USA Today reports. At that time, the COVID-19 pandemic caused many colleges and universities across the country to close their campuses and offer online courses for completing coursework for the current term. Under the prior policy, international students were allowed to participate in the virtual and online courses offered by their schools.

The recently rescinded guidelines obviously had the potential to significantly impact educational plans and opportunities for international students enrolled in higher education programs in the United States. Even with the rescinding of the guidelines, however, low enrollment of international students is anticipated, according to a July 2020 policy brief by the National Foundation for American Policy (NFAP). This anticipated decline could reduce the total number of international students in the United States to its lowest level since World War II, according to the NFAP. Among the reasons noted for this decline are COVID-19 related considerations – continuing travel bans and suspended services at United States consulates around the world.

For United States colleges and universities, safe and effective reopening in the fall is of paramount concern. International students – and all students – should be sure to stay updated on reopening plans for their schools. For the near future, options for online, in-person, and hybrid coursework to be conducted at colleges and universities throughout the United States have emerged and are emerging in many states and at colleges and universities across the country. Last week, for example, the University of Florida announced an anticipated increase in online classes and an intention to hold some classes outdoors, according to News4Jax.com.

If you are an international student and have questions about visa requirements, or other immigration matters, contact an immigration law specialist at Diaz Shafer, P.A.

At Diaz Shafer, P.A., we offer expert assistance with any legal matter involving immigration, including immigration services for individuals, businesses, military personnel, and deportation defense.  We are experienced, multi-lingual, and proven in the courtroom. To learn more, visit www.diazshafer.com.

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New Immigration Guidelines for International Students Attending Colleges and Universities in the United States

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New Immigration Guidelines for International Students Attending Colleges and Universities in the United States

International students accepted to study at colleges in the United States must generally obtain visas prior to entering the country to study. These student visas fall into two categories – F visas and M visas – depending upon the type of study and school.

Additionally, and as reported this week in the Tampa Bay Times, under recent guidelines of the United States Immigration and Customs Enforcement (ICE), in order for international students admitted to United states colleges to remain in the United States for study in the fall of 2020, some in-person instruction is required. Under these guidelines, for international students to remain in the United States for study, their colleges or universities must not be planning to offer exclusively online courses. Other restrictions are imposed by the guidelines in consideration of future circumstances, including, for example, the possibility of a school’s plan changing from in-person to online only education during the course of the term (in which case the international student would be required to leave the country or transfer to a school that is providing classes in-person).

College and University Reopening Plans Across the Nation and in the State of Florida

International students made up over 5% of the total student enrollment in United States colleges in 2019, according to data provided by Educationadata.org. Additional reported statistics indicate that in 2018, total revenues associated with international students were estimated to over 45 billion dollars.

Clearly, the COVID-19 pandemic has complicated plans for the fall 2020 semester for colleges and universities around the world. In the United States, the situation appears to be fluid, with some colleges and universities having recently released their plans for the fall, while others are still determining their reopening strategy.

As a recent report by Business Insider indicates, there are a variety of plans for colleges and universities reopening across the nation. Some schools will only offer remote learning, while others are planning to offer a combination of online and in-person classes. Some schools are planning to divide the term, starting with in-person coursework and completing the semester online. Still other schools have yet to reach a final decision about plans for the fall semester.

Within the state of Florida, the University of Florida’s plan anticipates offering some in-person, online, and hybrid form classes. The State University System of Florida enrolls over 30,000 international students, who come from more than 200 countries. The University of Tampa’s website indicates its intention to offer on-campus learning this fall, with changes in the classroom to allow for increased physical distancing, new audio visual technology, and some fully remote learning options. At the University of Tampa, students are enrolled from 132 countries around the world.

For international students across the nation, as well as those in Florida, the recent ICE guidelines obviously have the potential to significantly impact on educational plans and opportunities going forward. For more information, or if you are an international student seeking guidance on the recent ICE guidelines or other immigration matters, contact an immigration law specialist at Diaz Shafer, P.A.

At Diaz Shafer, P.A., we offer expert assistance with any legal matter involving immigration, including immigration services for individuals, businesses, military personnel, and deportation defense.  We are experienced, multi-lingual, and proven in the courtroom. To learn more, visit www.diazshafer.com.

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USCIS Temporary Office Closure

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USCIS Temporary Office Closure Extended until at least May 3, 2020

“On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS offices will begin to reopen on May 4 unless the public closures are extended further. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public.

USCIS will continue to provide limited emergency services. Please call the Contact Center for assistance with emergency services.

USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview. When USCIS again resumes normal operations, USCIS will automatically reschedule ASC appointments due to the temporary office closure. You will receive a new appointment letter in the mail. Individuals who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again. Please check to see if the office in your jurisdiction has been reopened before reaching out to the USCIS Contact Center.

Education and precautions are the strongest tools against infection. Get the latest facts by visiting the Centers for Disease Control and Prevention’s COVID-19 website. Continue to practice good health habits, refrain from handshakes or hugs as greetings, and wash hands and clean surfaces appropriately.

USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Please also visit uscis.gov/coronavirus  for updates.”

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Parole in Place

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Parole in Place

Are you serving in the U.S. Military and have undocumented family members living in the U.S.?  Parole in Place might be the perfect solution.

Your military service allows for your qualifying undocumented family members who are in the U.S. to remain and be eligible for certain benefits.  Granted on a case-by-case basis, Parole in Place can help those family members who are eligible obtain employment authorization, adjustment of status, and more.

Who qualifies for Parole in Place?

Any spouse, parent or child of a current or former active duty member of the U.S. Armed Forces or Selected Reserve of the U.S. Ready Reserve can change their immigration status by applying for Parole in Place and obtaining legal permanent residency (i.e., Green Card).  Only spouses, children and parents of active duty (or those who have previously served) U.S. citizens can qualify for the program, so that they can live and work in the U.S.  The service member can be alive or deceased, and family members still qualify as long the veteran received an honorable discharge.

Parole in Place grants are discretionary and reviewed by the Department of Homeland Security.

While an applicant for Parole in Place doesn’t have to show that they are subject to the grounds of inadmissibility (because of issues like criminal conduct, prior immigration violations, or other blemishes on someone’s record), these could affect the decision to be granted Parole in Place status.

What are the steps for receiving a Parole in Place grant?

First, make sure you speak with an experienced immigration attorney to make sure your family members are eligible.  An attorney can help you navigate all the paperwork and filing needed to be granted Parole in Place status.

Your attorney can assist your family members in completing forms such as the I-131 Application for Travel Document, which must be submitted to the U.S. Citizenship and Immigration Services (USCIS).  They will also need to submit copies (never the originals) of documents that provide evidence of your family relationship and proof that you are, or were, active-duty U.S. Military personnel.  Evidence of familial connections can be established through the following documents:

  • Marriage Certificate;
  • Son or daughter’s birth certificate; or
  • Proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS).

Proof of your military service can be established through a photocopy of the front and back of your military I.D. card or Defense Department Form 214.

Your family member will also need to provide two identical, color passport-style photographs, and any other evidence of additional favorable factors you would like the USCIS to take into consideration—such as good community standing, providing a valuable service, or other factors that will reflect on the applicant positively.

At Diaz Shafer, P.A., we offer expert assistance with any legal matter involving immigration, including immigration services for individuals, businesses, military personnel, and deportation defense.  We are experienced, multi-lingual, and proven in the courtroom. To learn more, visit www.diazshafer.com.