U.S. Immigration Monthly Review – April 2024

DOL: OFLC Announces 60-Day Public Comment Period on Proposed Three-Year LCA Extension and WH-4 Forms for the H-1B, H-1B1, and E-3 Temporary Programs

• The Employment and Training Administration (ETA) published a 60-day notice in the Federal Registerannouncing its intent to extend the Office of Foreign Labor Certification's Labor Condition Application (LCA) forms and the Wage and Hour Division's WH-4 complaint form for three years.
• The Department of Labor (DOL) proposes extensions to the LCA and WH-4 complaint forms, without changes.
• The information collection request includes the LCA Forms ETA-9035, ETA-9035E (electronic), ETA-9035 & 9035E Appendix A, ETA-9035CP Instructions, and the WH-4 complaint form.
• The Federal Registernotice informs the public of the Department's three-year extension request for the forms and invites comments from the public for 60 days.
• Written comments must be submitted in accordance with the Federal Registernotice instructions. The deadline to submit comments is Friday, July 5, 2024

SOURCE: U.S. Department of Labor, Employment and Training Administration, May 6, 2024: Announcements | U.S. Department of Labor (dol.gov)

USCIS Adds Integrity Fund Fee to EB-5 Regional Center (I-526E) Petitions

• On April 29, 2024, USCIS published an updated Form G-1055, Fee Schedule.
• This new edition includes the EB-5 Integrity Fee and clarifies filing fee information for Form I-526E, Immigrant Petition by Regional Center Investor.
• The integrity fee is $1,000 which, in addition to the Form I-526E filing fee cost ($11,160) brings the total filing cost to $12,160.
• The EB-5 Integrity Fund was created by the EB-5 Reform and Integrity Act of 2022. The fund is financed through the fee paid by and collected from designated regional centers.

SOURCE: USCIS, Form G-1055: G-1055, Fee Schedule (uscis.gov)

USCIS: Agency Announces FY 2025 Registration Numbers; Down from FY 2024

• On April 29, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced that it had received 479,953 total registrations for FY 2025, which was down from 780,884 for FY 2024.
• The overall beneficiary selection rate was around 25.8%, with 114,017 unique beneficiaries selected out of approximately 442,000.
• The overall registration selection rate was approximately 25%, with 120,603 registrations selected out of 470,342 eligible registrations.
• The number of unique beneficiaries for FY 2025 (approximately 442,000) was comparable to the number last year for FY 2024 (approximately 446,000).
• The number of unique employers for FY 2025 (approximately 52,700) was comparable to the number last year for FY 2024 (approximately 52,000).
• Overall, USCIS saw an average of 1.06 registrations per beneficiary this year in FY 2025, compared to 1.70 for FY 2024.

SOURCE: H-1B Electronic Registration Process | USCIS

USCIS Updates Fee Schedule for Petition for a Nonimmigrant Worker (Form I-129)

• S. Citizenship and Immigration Services (USCIS) has updated its fee schedule for Form I-129, Petition for a Nonimmigrant Worker—H-1B and H-1B1 Petitions, to reflect the additional required fees for online filings.
• USCIS made the update in response to query by the American Immigration Lawyers Association (AILA) noting that "the information [previously] listed was unclear and could have been construed as an indication that the additional fees, such as the ACWIA fee, the Fraud Detection Fee and Asylum Program fee, were not required if a Form I-129 was filed online."
• The updated fee schedule can be found at USCIS Fee Schedule (I-129, Petition for a Nonimmigrant Worker—H-1B and H-1B1 Petitions).

SOURCE: AILA Practice Alert (Apr. 19, 2024).

Department of State: May 2024 Visa Bulletin Released

• The Department of State (DOS) has released the May 2024 Visa Bulletin showing no date progression (movement) in any category from April to May.
• DOS has indicated that FY 2024 Q3 and Q4 will have no further date progression.
• USCIS will be following the Final Action Dates chart for employment-based visa applications to determine not only visa number availability but filing eligibility as well.
• Final Action Dates for May 2024 are as follows:

EB-1:

• EB-1 India- No change. Date remains March 1, 2021.
• EB-1 China- No change. Date remains September 1, 2022.
• EB-1 Mexico, Philippines, and All Areas of Chargeability remain current.

EB-2:

• EB-2 India – No change. Date remains April 15, 2012.
• EB-2 China – No change. Date remains February 1, 2020.
• EB-3- Mexico, Philippines, and All areas of Chargeability - Date remains January 15, 2023.

EB-3:

• EB-3 India- No change. Date remains August 15, 2012.
• EB-3 China- No change. Date remains September 1, 2020.
• EB-3- Mexico, Philippines, and All areas of Chargeability. Date remains November 22, 2022.

SOURCE: U.S. Department of State, Visa Bulletin for May 2024: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-may-2024.html

USCIS Adopts DOL Definition of 'Science or Art' to Support STEM Talent

• S. Citizenship and Immigration Services (USCIS) issued policy guidance in its Policy Manual to add the U.S. Department of Labor's (DOL) definition of "science or art" for Schedule A, Group II cases.
• Currently, Schedule A, Group II cases are defined as beneficiaries with exceptional ability in the sciences or arts (except performing arts) and beneficiaries with exceptional ability in performing arts.
• The USCIS definition of 'science or art' is being expanded using DOL's definition so as to include as "any field of knowledge or skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge or skill."
• Occupations in any field that commonly lead to a degree from a higher education institution, and that demonstrate exceptional ability, are now encompassed under the Schedule A designation.
• This designation also waives the labor market test requirement for EB-2 or EB-3 permanent residency sponsorship applications, facilitating a more efficient pathway to permanent residency for eligible employees.

SOURCE: USCIS Newsroom, April 10, 2024:https://www.uscis.gov/newsroom/alerts/uscis-adopts-department-of-labor-definition-of-science-or-art

USCIS Issues Guidance on Medical Exam Validity

• S. Citizenship and Immigration Services (USCIS) recently issued new guidance on the validity of Form I-693, Report of Immigration Medical Examination and Vaccination Record.
• For all forms that were properly completed and signed by a civil surgeon on or after November 1, 2023, there is no expiration date, and they may be used indefinitely to demonstrate an applicant is admissible on health-related grounds.
• USCIS officers retain the discretion to request more evidence or a new or updated Form I-693 if they have reason to believe the submitted Form I-693 is inaccurate or that an applicant's medical condition has changed.
• If an applicant's immigration medical examination was completed before November 1, 2023, the two-year validity period still applies.

SOURCE:USCIS Alert (Apr. 4, 2024).

USCIS Updates Its FAQ Webpage

Including Additional Information on the Asylum Program Fee

• The updates involve payment of the Asylum Program Fee, the required paperwork, and whether self-petitioners are required to pay the fee.
• The updated FAQ page can be accessed here: https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule

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