The US Department of State has modified the interview waiver system for non-immigrant visa applications, specifically impacting student visa eligibility. The update, effective from January 1, 2024, outlines that certain categories of interview waivers will persist in the national interest, subject to annual reviews. Under the revised criteria, applicants in any non-immigrant visa category, including students, may qualify for an interview waiver if they had a previous non-immigrant visa (excluding a B visa) issued within the last 48 months of the current application.

In 2023, US authorities issued a record-breaking 10.4 million visas, surpassing the annual issuance since 2015. US embassies aim to achieve a 90% goal for visitor visa interview wait times under 90 days in 2024. Notably, the Department facilitated 830,000 visas in this category, contributing up to $38 billion annually to the country’s economy. This exceptional visa processing capacity has set a new standard, with the latest statistics highlighting the highest number of visas granted in a decade. In March 2023 alone, over one million visas were issued, marking the highest since 2017.

The  Department of State has released data that indicates significant progress in the processing of EB-5 applications that are currently pending, especially those from Indian citizens. According to the January 2024 Visa Bulletin, final action date for India has advanced by two years, from the previous December 2018 to December 2020

USCIS issued policy guidance to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant visa petition adjudications. This guidance is effective immediately and applies prospectively to petitions filed on or after 5 January, 2024.

The Department of State (DOS) announced that its stateside visa renewal pilot program is set to begin in January 2024.  The pilot program will accept applications from January 29, 2024 to April 1, 2024, and it will be limited to applicants currently in H-1B status.  No other visa categories, including H-4, will be eligible to participate in the pilot program.

The Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers to waive in-person interviews for specific visa categories, including first-time H-2 visa applicants and other non-immigrant visa applicants meeting certain criteria. This authority, effective from January 1, 2024, and subject to annual review, is in the national interest. Applicants must still meet legal requirements for interview waivers, and the policy remains in effect until further notice.

The United States is currently facing its highest-ever backlog of immigration cases, surpassing 3 million in November, as reported by Transactional Records Access Clearinghouse (TRAC) at Syracuse University. This represents a one million increase from November 2022 to November 2023. The surge is primarily due to the influx of migrants entering the Southwest border seeking asylum before the Biden administration lifted Title 42.

The Department of Homeland Security (DHS) is increasing premium processing fees charged by U.S. Citizenship and Immigration Services (USCIS) to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers. The adjustment increases premium processing fees from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805.

USCIS recently updated its policy guidance for international students to enhance clarity and structure in the immigration process. The revised policy consolidates guidelines on eligibility, transfers, practical training, and employment. Specific criteria for F students seeking a STEM OPT extension are outlined, particularly when working with startups, including a detailed training plan, E-Verify compliance, and competitive compensation. The USCIS policy update also provides clear definitions for F-1 and M-1 classifications, simplifying the distinction between academic and vocational students.

The US State Department is set to launch a pilot program for H-1B visa renewal within the United States, commencing in late January 2024. The initiative targets 20,000 H-1B workers who obtained visas in India (Feb 2021 – Sept 2021) or Canada (Jan 2020 – Apr 2023). The application process opens on Jan 29, 2024, with 4,000 weekly slots available on a first-come-first-served basis, split evenly between India and Canada. Notably, H-4 visa renewals are excluded from this pilot. The program aims to alleviate the lengthy wait times and travel disruptions faced by visa holders, enhancing travel certainty for workers and easing business travel restrictions.

A joint investigation by the U.S. Department of Labor and the Illinois Attorney General found that Greenridge Farms failed to pay employees time and a half for hours worked over 40 per week, in violation of federal and state laws. The wage theft occurred from at least 2013 to 2022, with some workers not receiving proper overtime pay for seven years. In the settlement, Greenridge Farms agreed to pay the $3 million in installments over a two-year period.

USCIS will begin transitioning the filing location for Form I-907, Request for Premium Processing, when filed for a pending Form I-140, Immigrant Petition for Alien Workers, from the service centers to appropriate USCIS lockboxes on December 15.