Immigration News

New Immigration Court Opens in Bay Area
A new immigration court opened in Concord, California, to address the growing backlog of deportation cases in the Bay Area. This new facility adds 21 courtrooms, nearly doubling the capacity to hear cases. This initiative is part of a nationwide effort by the Biden administration to tackle a backlog exceeding 3.3 million cases across the US.

Launch of USCIS Online Organizational Accounts and Electronic Filing
USCIS has announced that Online Organizational Accounts will be made available to companies and attorneys in February 2024. This long-anticipated feature will allow for online case submission for certain petitions, and will also streamline the H-1B registration submission process between employers and their attorneys.

Retrogression of Employment-Based Category According to Visa Bulletin
Starting March 1st, USCIS is implementing a change in the process of Employment-Based cases. Now, the priority dates will play a pivotal role in advancing the application process. This shift means that applicants will experience a retrogression in priority dates for the adjustment of status of approximately 4 months.

Notes on PERM Online Filing Updates and Fixes
The Department of Labor (DOL) provides notes on updates and fixes to its PERM online filing portal. By providing clear guidance on the latest enhancements and resolutions, DOL aims to streamline the online filing experience for employers, attorneys, and applicants alike.

USA Kickstarts Domestic H-1B Visa Renewals
The US Department of State has begun a pilot programme allowing 20,000 non-immigrant H1-B Visa holders to renew their visas in the USA without returning to their native countries for stamping. If successful, the programme would be extended to other categories. Marking a significant shift in the policy after two decades, the Department of State decided to allow in-country renewal of visas in certain petition-based temporary working Visas, particularly the most sought-after H-1B visa.

100k Work Authorisation to Spouses and Children of H-1B Visa Holders
In a huge relief for H-1B visa holders, a White House-backed bipartisan deal has been unveiled under which automatic work authorisation would be granted to about 100,000 H-4 visa holders, who are spouses and children of a certain category of H-1B visa holders. The National Security Agreement that was announced after long negotiations between the Republican and the Democratic leadership in the U.S. Senate also provides a solution to about 250,000 aged-out children of H-1B visa holders.

USCIS Completed 10 Million Immigration Cases in FY 2023
In FY 2023, USCIS achieved record-breaking numbers, receiving 10.9 million filings and completing over 10 million pending cases. The agency reduced overall backlogs by 15%, administering the Oath of Allegiance to more than 878,500 new U.S. citizens, including 12,000 military members, effectively eliminating the backlog of naturalization applications.

Visa Restrictions for Those Involved in Spyware Misuse
The US State Department, led by Secretary of State Antony Blinken, has announced a new visa policy targeting individuals involved in the misuse of commercial spyware. This move is part of the Biden administration’s broader efforts to address concerns regarding the proliferation of spyware globally.
Immigration courts clear cases at a 50% higher rate
During the first quarter of 2024, immigration judges completed twice as many cases compared to the same period last year, as per data from the Transactional Records Access Clearinghouse at Syracuse University. Nearly 200,000 cases were resolved from October to December 2023, up from 132,000 cases during the corresponding period in the previous year. This increase is crucial given the immigration courts’ backlog, which has grown by a million cases over the past year. By December 2023, there were 3,287,058 active pending cases in immigration courts. Despite accelerated hiring of new immigration judges during the first three years of the Biden administration, judges still grapple with an average caseload of 4,500 cases per judge.
Guidance on Untimely Filed Extension of Stay and Change of Status
USCIS announced an update to its Policy Manual providing that at its discretion and under certain conditions, it may excuse a nonimmigrant’s failure to timely file an extension of stay or change of status request if the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner.
USCIS Changes Fee Payment Process for Filing In-Person
The USCIS is starting a new process for most applicants, petitioners, and requestors, and their attorneys and accredited representatives to pay for certain benefit request forms by mail or remotely instead of in person at a field office. Under the new process, applicants may mail either a check or Form G-1450, Authorization for Credit Card Transactions, to the field office with their benefit request.
Permanent Residency and Citizenship Fees Set to Increase
The Clears White House Review casts its impact beyond temporary work visas, extending to those pursuing permanent residency or U.S. citizenship. Proposed adjustment anticipates a 19% increase in the naturalization application fee, rising from $640 to $760. The EB-5 Investor Visa Program could undergo a substantial revision, potentially doubling initial I-526 petition fees from the current $5,450 to $11,160. I-829 petition fees, crucial for eliminating residency conditions, may see an almost 150% increase from $3,825 to $9,535.