On January 24, 2024, USCIS issued updated policy guidance to address when USCIS may excuse untimely filed extensions of stay and change of status requests. The guidance reminds employers and employees that USCIS generally does not approve an extension of immigration status or change of immigration status when the status expired before the filing date of the application or petition. However, if certain conditions are met, USCIS does have the discretion to excuse the failure to file a timely extension or change of status request. Policy Highlights: USCIS explains in the updated policy guidance t ..read more

On December 21, the State Department released the long-awaited details of a previously announced pilot program that will allow qualified noncitizens to renew their H-1B nonimmigrant visas within the United States. This program aims to assess the technical and operational feasibility of domestic visa renewals and reduce wait times for visas worldwide. In 2004, the Department discontinued the domestic renewal of non-diplomatic nonimmigrant visas due to the Enhanced Border Security and Visa Entry Reform Act of 2002. However, the current pilot program overcomes the previous limitations by targetin ..read more

On October 30, 2023, in a recent executive order titled “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” the President of the United States emphasized the importance of responsible AI development and outlined various initiatives. One crucial aspect of this order focuses on immigration initiatives aimed at attracting and retaining top AI talent in the United States. In this article, we share and explore the significance of these immigration initiatives in clarifying and modernizing immigration pathways for AI experts. Reviewing and Modernizi ..read more

On April 28, 2023, USCIS announced that for Fiscal Year 2024 (begins October 1, 2023), it received 758,994 eligible H1B registrations. This is an astonishing number compared to the 474,421 registrations received in Fiscal Year 2023, and even more astonishing compared to the 85,000 visa numbers available per fiscal year. When Congress slashed the number of H1B visas available per fiscal year in 2004, it negatively impacted US companies who need to hire skilled workers under the H1B classification, and no changes have been made since then to bring the program in line with demand and a changing g ..read more

On February 14, 2023 United States (US) Citizenship and Immigration Services (USCIS) announced an important change regarding when an immigrant visa “becomes available” for the purpose of calculating the Child Status Protection Act (CSPA) age for noncitizens seeking lawful permanent resident status in a preference category. The change was effective with immediate effect and applies to all adjustment of status applications adjudicated on or after Feb. 14, 2023. Previously denied applicants who would be eligible under the new guidance may be able to have their decisions reopened and reconsidered ..read more

Following up on their commitment to improving efficiency and reducing processing times within the immigration system, USCIS will now start accepting premium processing requests for students applying for Employment Authorization Documents (EADs) under their Optional Practical Training (OPT) or Science, Technology, Engineering, and Mathematics (STEM) OPT. Specifically, this expansion of the premium processing program will apply to students who submit Form I-765 Application for Employment Authorization seeking approval for: Pre-Completion OPT; Post-Completion OPT; or 24-Month Extension of OPT fo ..read more

The H-1B visa program allows U.S. employers to hire foreign national workers for specialty occupation jobs. U.S. Congress has established an annual numerical limit or “cap” of 65,000 visas for individuals in the general H-1B category and 20,000 for individuals who possess U.S. advanced degrees. U.S. Citizenship and Immigration Services (USCIS) has implemented an electronic registration process for the H-1B cap. Under this process, prospective employers (also known as registrants), and their authorized representatives, who are seeking to employ H-1B workers subject to the cap, complete a regis ..read more

USCIS has announced that it will expand the Premium Processing Program. Effective January 30, 2023, Multi-National Executives and Managers, as well as applicants for National Interest Waivers can use the program, which guarantees review of petitions within 15 days of filing based on payment of an additional $2,500 Filing Fee. The post Premium Processing Expansion appeared first on Buchanan Immigration Law ..read more

Effective January 6, US Citizenship and Immigration Services has extended and implemented a new parole program previously only available for Ukrainians and Venezuelans to include nationals of Cuba, Haiti and Nicaragua. As with the Venezuelan parole program, it is intended to deter foreign nationals from these countries from attempting to enter the US unlawfully. Applications for benefits under the program require the submission of an affidavit of support by a qualified US supporter, followed by a parole request that will ultimately be adjudicated by US Customs and Border Protection. The appro ..read more

On December 23, 2022, President Biden signed into law the James M. Inhofe National Defense Authorization Act (NDAA). Pursuant to the NDAA, Portuguese nationals may apply for E nonimmigrant visas but only if Portugal provides similar nonimmigrant status to National of the US. If the Government of Portugal does not provide such similar visas to US citizens, Portuguese nationals will not be eligible for E visas. The NDAA also modified existing law for persons who seek E visas based on acquisition of nationality of treaty eligible countries based on investment. If a foreigner acquires nationality ..read more