Client Alert: Guidance on Paying Fees and Completing Information for Form I-140, Immigrant Petition for Alien Workers
In early 2024 USCIS updated most filing fees, which had remained static since 2016 in order to account for inflation. Prior this, USCIS charged a flat fee for each I-140 filing. The new I-140 fees consist of a $715.00 filing fee and a variable Asylum Program fee. Generally, the Asylum Program fee is $600.00. USCIS […]
October 2024 Visa Bulletin
The October 2024 visa bulletin has been published. USCIS will be accepting cases this month based on dates for filing, not final action. Changes are as follows for both charts. If a change is not listed here, the date remained the same. Final Action *Most of these are moving forward and not retrogressions so we […]
DHS Implements Keeping Families Together Process
On August 19, 2024, the Department of Homeland Security announced a Federal Register Notice to implement the Keeping Families Together process. The Process will apply to certain nonimmigrant spouses and stepchildren of US Citizens who are present in the US without admission or parole to request parole in place. USCIS will immediately begin accepting requests […]
PERM Processing Times Update: September 3, 2024
PERM Applications As of August 1, 2024, the Department of Labor was conducting Analyst Reviews of PERM applications filed on or before July 2023 and conducting Audit Reviews of cases filed on or before December 2022. The DOL is reviewing Reconsideration Requests to the Certifying Officers that were appealed on or before November 2023. Please […]
USILAW Success Story: BALCA Reverses Four PERM Denials in Consolidated Decision
In a recent decision for a USILAW client, the Board of Alien Labor Certification Appeals (“BALCA”) vacated the wrongful denial of four PERM Labor Certification cases and remanded them for certification. The Certifying Officers (“COs”) had previously denied certification on the basis that the dates the PERM applications were filed did not comply with the […]
Legacy PERM FLC Website to be Decommissioned
The Office of Foreign Labor Certification (OFLC) has announced that the Legacy Permanent Online System will be fully decommissioned on December 1, 2024. As of that date, the FLC site will no longer be available and will redirect to the Foreign Labor Application Gateway (FLAG) System. Stakeholders are strongly encouraged to access their accounts ahead […]
HCAP FY 2025 Update: Second Selection Complete
On July 30, 2024, USCIS announced that an additional random selection on properly submitted electronic registrations for the fiscal year 2025 H-1B Cap would be required to reach the FY 2025 regular cap numerical allocation. As of August 5, 2024, USCIS has made the additional selections and notified the selected registrants. As stated in the […]
USCIS to Select Registrations for Second Round of FY 2025 Regular HCap
Following the close of the initial filing period for registrations selected for FY 2025 HCap, USCIS has determined that an additional round of selections must be conducted to meet the FY 2025 Regular HCap numerical allocation. The additional selection will not include advanced degree exemption (Master’s Cap) as the number of petitions received during the […]
Update: USCIS to Begin Triennial Investment and Revenue Threshold Updates for International Entrepreneur Rule
Under the International Entrepreneur Rule (IER), the Department of Homeland Security (DHS) may grant a period of authorized stay, on a case-by-case basis, to noncitizen entrepreneurs who would provide a significant public benefit through their startup entity’s potential for rapid growth and job creation. The investment required must be updated every 3 years to adjust […]
August 2024 Visa Bulletin Update: Advancement in India EB-2 and EB-3 Priority Dates
The final action dates for Employment-Based categories EB-2 and EB-3 for Indian-born nationals have advanced from June 15, 2012, to July 22, 2012 (EB-2), and from September 22, 2012, to November 1, 2012 (EB-3). All other categories remained the same with no change from July to August 2024. Beginning in June 2024, the Department of […]