As background, Schedule A is a set of occupations exempt from a labor certification application during the employment-based permanent residence process. For example, right now, employers who sponsor registered nurses, physical therapists, and certain exceptional ability individuals can file an I-140 petition without first testing the labor market. With labor certification applications taking more than one year, expanding Schedule A will save companies valuable time and resources. This is a rare opportunity to advocate for your company to streamline the process.

To submit a response, please follow these steps:

Go to the Federal eRulemaking Portal at https://www.regulations.gov/commenton/ETA-2023-0006-0052

Type your response, including the docket number ETA–2023–0006 in your comment.

Here are a few recommendations for submitting a comment:

Introduce yourself, your industry, and a description of the products or services your company provides. These are public comments, so if you do not want to include your name, you can submit an anonymous comment and include the role that you have, such as business owner, HR professional, recruiter, etc.

Explain the occupations that are difficult to fill in your organization.

Explain how expanding the Schedule A occupations will help your organization meet those needs.

Note that all comments received will be posted without change. Please do not include any personally identifiable or confidential business information.

For more information, please click this link: https://www.regulations.gov/document/ETA-2023-0006-0052 and contact us if you have any questions.

The post DOL Seeks Employer Feedback for Updating Schedule A to Include STEM Occupations appeared first on Rose Immigration Law Firm, PLC.

Premium Processing Fee Increases

Beginning February 26, 2024, USCIS’s new premium processing fees will go into effect. This includes the following fees:

New I-129 and I-140 Petition Fees

Beginning on April 1, 2024, the new USCIS fee schedule will go into effect. This new fee schedule increases fees across the board for employment-based cases. It also adds new fees for most I-129 and I-140 petitions. Here is a sample of the common employment-based fees:

In addition to the above fees, USCIS is adding a $600 Asylum Program Fee to all I-129 and I-140 petitions. This fee is reduced to $300 for employers with 25 or less full-time equivalent employees. Nonprofit employers are exempt from this fee altogether.

New Adjustment of Status Fees

USCIS also changed the fee structure for I-485 adjustment of status applications. Currently, the I-485 application fee of $1,225 covers the costs for concurrently filed Forms I-765 and I-131. After April 1, 2024 if an adjustment applicant files those applications, they must pay additional fees, as indicated below:

In addition to the fee increases, USCIS will be changing its timeframes for premium processing requests beginning on April 1, 2024. This will be important to consider when planning for new employees. In most instances, an additional week (5 business days) will be added.

Given these increases and premium processing timeframe updates, we encourage our clients to file requests prior to the date the new fees go into effect. To that end, we will allocate resources to the extent possible to accomplish this. Please contact us if you have any questions about the new fee schedule.

The post New USCIS Fee Schedule appeared first on Rose Immigration Law Firm, PLC.

The H-1B registration for FY2025 will open at noon Eastern on March 6, 2024 and will close at noon Eastern on March 22, 2024. There are important changes this year to increase the odds of selection and promote fairness in the process.

Beneficiary-Centric Process

In previous years, H-1B registrations were selected by registration number instead by beneficiary. That significantly benefited individuals who had multiple companies file registrations for them. Now, USCIS has implemented a new rule that is beneficiary centric. USCIS will select by beneficiary rather than registration, which increases the likelihood that beneficiaries will have the same chance of being selected. The new rule also clarifies that an H-1B petition can be filed with a start date after October 1 of the relevant fiscal year and provides additional integrity measures.

What is the registration fee for FY2025?

The registration fee will continue to be $10. However, based on a separate final rule regarding fees, the H-1B registration fee for next year is expected to increase to $215 per registration.

Can multiple employers still file an H-1B registration for a single beneficiary, and if so, which employers can file an H-1B petition?

Multiple employers can still file an H-1B registration for a single beneficiary. If the beneficiary is selected, all employers will be notified of the selection, and each employer will have the opportunity to file an H-1B petition for that beneficiary.

What information do employers need to provide for an H-1B registration?

Like in previous years, employers will need to provide information about the company, including the legal company name, FEIN, company address, and information about the signatory for the company. H-1B registrants will also need to include information about the beneficiary, including the full name, date of birth, country of nationality, and passport information.

The new rule mandates that beneficiaries must only be registered under one passport or travel document. The rule specifies that this passport or travel document information must correspond to the passport or travel document the beneficiary intends to use to enter the U.S., if abroad. The passport information on the registration should match the passport information on the H-1B petition.

What if the beneficiary has multiple passports from different countries?

We strongly recommend deciding which passport to use at the registration stage, and that passport should be used for the H-1B registration, H-1B petition, and subsequent visa application, as applicable. Some countries may have more favorable conditions for H-1B visa processing, so the beneficiary should speak to an attorney to decide which passport is the most favorable.

What if the beneficiary’s passport expires soon?

To the extent possible, we recommend that beneficiaries have a passport that will be valid during the registration process and continue through the time of filing an H-1B petition and a visa application. However, the rule provides some flexibility, stating that “USCIS may find that a change in identifying information in some circumstances would be permissible.” These examples include “a legal name change due to marriage, change in gender identity, or a change in passport number or expiration date due to renewal or replacement of a stolen passport, in between the time of registration and filing the petition.”

We look forward to these updates to the H-1B process, as it will promote fairness and increase the odds of selection per beneficiary. If you have any questions regarding the H-1B registration process for FY2025, please contact us here:

Intake Form – English

Intake Form – Spanish

The post USCIS Announces FY 2025 H-1B Registration Changes appeared first on Rose Immigration Law Firm, PLC.

Am I eligible for the H-1B visa renewal pilot program?

Because this is a pilot program designed to test the Department of State’s technical and operational ability, the eligibility parameters are narrow. Participation is limited to only those people who meet the following criteria:

-Your H-1B visa was issued by Mission India with an issuance date from February 1, 2021 through September 30, 2021, or your H-1B visa was issued by Mission Canada with an issuance date from January 1, 2020 through April 1, 2023

-You are not subject to a visa issuance fee (also known as a “visa reciprocity fee”)

-You have submitted ten fingerprints to DOS in connection with the prior visa application

-You are eligible for an in-person interview waiver (more information here)

-Your prior visa does not include a “clearance received” annotation

-You do not have a visa ineligibility that would require a waiver prior to visa issuance

-You have an approved and unexpired H-1B petition, you were most recently admitted to the U.S. in H-1B status, and you are maintaining your H-1B status, and

-You intend to reenter the U.S. in H-1B status after a temporary period abroad

How and when do I apply for the H-1B visa renewal pilot program?

The Department of State will begin accepting online applications for the pilot program beginning on January 29, 2024 via this website: https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html. To complete the application, applicants should select the post where their most recent H-1B visa was issued (either India or Canada), answer a series of questions to determine eligibility, complete and submit Form DS-160, and pay the non-refundable MRV visa fee.

Each week, DOS will release approximately 4,000 application slots – 2,000 for those whose most recent visa was issued by Mission India, and 2,000 for those whose most recent visa was issued by Mission Canada. The release dates are January 29, 2024; February 5, 2024; February 12, 2024; February 19, 2024, and February 26, 2024. Once the weekly limit is reached, the online application portal will be locked until the next release date opens new slots. The pilot will continue until all slots are used or until April 1, 2024, whichever is sooner.

What documents do I need?

Similar to a visa renewal at the consulate abroad, you will need to provide certain documents:

-A properly completed and electronically filed DS-160 visa application

-One passport-style photograph

-A passport with validity for at least 6 months beyond the visa application date, that contains a blank, unmarked page for a visa foil

-An original or copy of the I-797 approval notice

-An original or copy of your I-94

At this time, you do not have to prove U.S. residency or international travel plans. However, this may be requested at a later date.

How long will it take to receive my visa?

Applications will be considered in the order they are received. According to DOS, the average processing time is expected to be 6-8 weeks from the time the passport and documents are received by DOS. The agency intends to complete processing of all applications no later than May 1, 2024. Applicants can check the status of their application online: https://ceac.state.gov/CEACStatTracker/Status.aspx?App=NIV.

Expedited processing is not available with the pilot program. If an applicant applies through the program then requires urgent travel, they may withdraw their application and request return of their passport through the online portal.

How will I receive the new visa?

Issued visas, passports, and submitted documents will be returned to applicants via USPS or a courier service.

As always, please send us a copy of your new visa and any new I-94s so that we can check expiration dates to ensure everything was properly issued.

Are there any risks of applying through this program?

If, upon receipt, DOS determines your application is not within the scope of the pilot program, it will return your application and passport. In that instance, MRV fees will not be refunded. This may happen, for example, if clearance is required, even if you are not aware that clearance is required. In this instance, you would still be able to apply for a new visa in your home country.

If you would like more information regarding this pilot program, feel free to contact us using one of the below links:

https://roseimmigration.com/contact-us/intake-form-english/

https://roseimmigration.com/contact-us/formulario-en-espanol/

The post Domestic H-1B Visa Renewal Pilot Program Begins On January 29, 2024 appeared first on Rose Immigration Law Firm, PLC.

The Diversity Immigrant Visa program, also known as the green card lottery, is a program for obtaining U.S. Permanent Residence. The program makes 50,000 immigrant visas available every year to applicants from countries with low rates of immigration to the United States and with specific education qualifications. It provides an inexpensive and simplified path without needing sponsorship from a U.S. employer or family.

Who Can Apply?

To be eligible, you, your spouse, or your parent must have been born in a country that sent less than 50,000 immigrants to the United States in the previous five years. The U.S. Department of State (DOS) publishes a full list of the eligible countries on its website.

For the 2025 program, the following countries are not eligible to apply due to high rates of immigration to the United States:

In addition to the nationality requirements, applicants must possess at least a high school diploma or its equivalent; or two years of work experience in an occupation that requires at least two years of training or experience. DOS publishes a list of occupations that are eligible on its website.

Non-U.S. residents seeking to obtain a diversity visa from an eligible country may apply regardless of whether they live in the United States or abroad. This includes foreign workers who are waiting to obtain a green card through the labor certification program.

When Can I Apply?

The entry submission period for the FY2025 Diversity Immigrant Visa program is from 12:00 pm (ET) on October 4, 2023, to 12:00 pm (ET) on November 7, 2023. The entry form will only be available for submission during this period. In previous years, the high demand during the last week of the registration period has caused website delays. Therefore, submitting your application as early as possible is encouraged. The results of the DV-2025 lottery are expected to be available on the E-DV site on May 4, 2024.

How Do I Apply?

Entries must be submitted online through DOS’s website. Paper entries are not accepted. Online applications are free, but visa processing fees may apply if selected. DOS releases detailed instructions on their website, which can be found here: https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-instructions.html. Bringing military family members into the country legally can be made possible through the help of an immigration lawyer who can provide green cards for military families.

The post Fiscal Year 2025 U.S. Diversity Visa Lottery Window appeared first on Rose Immigration Law Firm, PLC.

This year’s annual American Immigration Lawyers Association’s Conference on Immigration Law has come and gone, and Rose Immigration Law Firm was there to soak up as much information as possible along with the warm rays of the Florida sun! 

As part of Rose Immigration’s continued commitment to stay on the cutting edge of immigration law, policies, and strategies, Senior Associate Elizabeth Patton and Associate Joshua Evans traveled to Orlando to attend this year’s annual the American Immigration Lawyers Association’s Conference on Immigration Law. We’re also proud to report that AILA selected two of our star paralegals, Veronica Riddley and Anna Crigger, to attend as volunteers.

The conference covered trending topics in immigration, including the new Labor Certification Application, trends in O and P classifications for representing artists and entertainers, family immigration, litigation, and many others. While the panels provide great tools for our practice, the conference allows our professionals to share ideas with and learn from others in the field with the common goal of meeting their clients’ immigration needs. Associate Joshua Evans expressed this perfectly, stating, “The golden nuggets you get from attending sessions are valuable, but the gemstones you discover in connecting with other people are invaluable.”

The conference also provided an opportunity for its attendees to give back to the immigrant community. We are happy to share that Paralegal Veronica Riddley gathered with others and volunteered her time to prepare 42 naturalization applications in conjunction with the non-profit organization Mi Familia Vota.

The post Rose Immigration Law Firm at AILA’s 2023 Annual Conference on Immigration Law appeared first on Rose Immigration Law Firm, PLC.