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.

DHS extended TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Re-registration periods for each country now align with the full length of their TPS extension, offering beneficiaries more time to renew their TPS and Employment Authorization Document (EAD). However, eligibility requirements remain unchanged.

USCIS is revising guidance on family-based conditional permanent residence in its Policy Manual. The update streamlines and enhances guidance on eligibility, filing, and adjudication for Form I-751, Petition to Remove Conditions on Residence. It specifically addresses changes in the basis of filing for waivers related to battery or extreme cruelty. Additionally, it clarifies that individuals facing termination of conditional permanent resident status due to late Form I-751 filing may still be eligible to adjust their permanent resident status on a new basis, even if USCIS issues a notice before filing Form I-485.

As of December 1, 2023, specific fees levied by the District Court have undergone an adjustment. Notably, the filing fee for a civil suit, specifically a writ of mandamus petition, has been revised to $405, up from the previous $402.

Three influential Congressmen, including Indian-Americans Raja Krishnamoorthi and Pramila Jayapal, have introduced bipartisan legislation in the US House of Representatives to reduce green card backlog and end country-based discrimination for employment-based visas. Both the moves, if passed and signed into law, would help thousands of Indian-Americans who are currently in decades-long wait for green cards or permanent residency.