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 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.

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 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.

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.