Immigration News

U.S. Immigration Courts Struggle as 3M Cases Pile Up
According to recent government data, there are now 3 million pending cases in immigration courts around the U.S. The backlog has tripled since 2019, growing by more than one million cases in the last year alone. The uptick in cases is largely driven by unprecedented surges in the number of migrants seeking asylum after being apprehended for crossing the border illegally. Immigration attorneys and advocates say the case backlog and subsequent long wait times for court dates are damaging to an already strained asylum system.

Guidance and FAQs on Domestic Renewal of H-1B Visas
DOS released guidance and FAQs on the pilot program to resume domestic visa renewals for qualified H-1B non-immigrant visa applicants who meet certain requirements. Applications will be accepted between January 29 and April 1, 2024, or when all application slots are filled, whichever comes first.

USA Mulls “Treaty Country” Status for India
The US is mulling granting India “treaty country status” under which the new E1 and E2 visa options will open for Indian traders and businessmen travelling to American cities. The two countries are also discussing a proposal to allow H-1B visa holders and their family members to renew their visas in America only, without having to travel to India

Nearly 40K Jobs Open to Immigrants with Work Permits
Some 1,029 New York companies signed up to express interest in hiring immigrants and asylum seekers with work authorization. But how many jobs have been filled through the Department of Labor initiative is less clear.

Cap Reached for Additional Returning Worker H-2B Visas
U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 20,716 H-2B visas made available for returning workers for the first half of fiscal year 2024 with starting dates on or before March 31, 2024, under the H-2B supplemental cap temporary final rule (FY 2024 TFR). Jan.9, 2024, was the final receipt date for petitions requesting supplemental H-2B visas under the FY 2024 first-half returning worker allocation.

USCIS to Launch Organizational Accounts
USCIS will launch organizational accounts for non-cap filings and the fiscal year (FY) 2025 H-1B cap season. The introduction of organizational accounts will allow multiple individuals within an organization, such as a company or other business entity, and their legal representatives to collaborate on and prepare H-1B registrations, Form I-129, Petition for a Non-immigrant Worker, and associated Form I-907, Request for Premium Processing Service.

USCIS Issues Policy Guidance on “Ability to Pay”
U.S. Citizenship and Immigration Services today issued policy guidance on how we analyze an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications, including instances when the sponsored worker is changing employers.

USCIS Adjustment of Status Filing Dates
USCIS determined that for February 2024, applicants in all family-sponsored preference categories and all employment-based preference categories must use the Dates for Filing chart.
USA Updates Visa Interview Waiver Guidance
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.
US Granted a Record-Breaking Number of 10.4 Million Visas in 2023
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.
Progress in EB-5 Golden Visa Applicants from India
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
Guidance on Ability to Pay for Some Employment-Based Immigrant Visa Petitions
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.