Immigration Updates

  • H-1B Registration and Filing: Why Should You Plan Now?

    In early March of 2023, U.S. Citizenship and Immigration Services (USCIS) will start accepting registrations of H-1B petitions subject to fiscal year (FY) 2024 cap. Beneficiaries of selected and approved H-1B cap-subject petitions will be eligible to start working in the United States on October 1, 2023. Last year, USCIS received 486,927 registrations for the FY2023 quota, an increase of approximately 57% over the prior year. We expect the competition for FY2024 H-1B numbers to remain high, due to continued worker shortages in many industries across the United States. Accordingly, there is no room for error, and employers who start planning for the FY 2024 H-1B season in advance will be better positioned to ensure the smooth and timely preparation and filing of their H-1B registrations and petitions.…

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  • USCIS Extends Temporary Waiver of the Requirement that Form I-693 Be Signed No More than 60 Days Prior to Submission

    USCIS has extended the temporary waiver of the requirement that civil surgeons must sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days prior to submission. The waiver took effect on December 9,2021 and has been extended to March 31, 2023, to further ease processing delays and difficulties completing the immigration medical examination. Despite this extension of the waiver, which provides more flexibility to applicants as to when to schedule their medical…

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  • Automatic Extension of Permanent Resident Cards for Pending I-90 Applicants

    Effective September 26, 2022, USCIS is automatically extending the validity of Permanent Resident Cards (Green Cards) to 24 months for lawful permanent residents (LPR) who file Form I-90, Application to Replace Permanent Resident Card.  Previously, the extension was for a period of 12 months. LPRs who properly file Form I-90 to renew an expiring or expired Green Card may receive this extension. Applicants submitting new Form I-90s will receive receipt notices extending the validity of a Green C…

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  • Clarification of How USCIS Determines the Appropriate O-1B Classification for Those in the Film, Television and Media Industry

    U.S. Citizenship and Immigration Services ("USCIS") recently updated the USCIS Policy Manual to explain how officers should determine whether a potential O-1B beneficiary should be evaluated as someone with extraordinary ability in the arts ("O-1B Arts") or extraordinary achievement in the motion picture or television industry ("O-1B MPTV"). While the visa category is the same, the classification and standards are slightly different and should be evaluated carefully to determine the best categor…

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  • New Immigration Policies and Initiatives for Attracting and Retaining STEM Workers in the U.S.

    On January 21, 2022, the Biden Administration announced several agency actions to attract and retain international science, technology, engineering, and math (STEM) talent.  Attracting STEM talent is one of the administration's key strategies for U.S. technological and economic global competitiveness. The administration set forth new policies to provide clearer and more predictable pathways for international STEM talent, via the F-1 student, J-1 exchange visitor, O-1 extraordinary ability non-im…

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