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USCIS Updates Policy Guidance for International Students

USCIS Updates Policy Guidance for International Students

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.

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H-1B Domestic Visa Renewal Eligibility

H-1B Domestic Visa Renewal Eligibility

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.

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Illinois Attorney General Recovers $3m in Back Wages, Damages for 283 Workers

Illinois Attorney General Recovers $3m in Back Wages, Damages for 283 Workers

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.

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USCIS Changes Filing Location for Certain Forms

USCIS Changes Filing Location for Certain Forms

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.

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DHS Extends Re-Registration Periods for TPS

DHS Extends Re-Registration Periods for TPS

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.

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Updated Guidance on Family-Based Conditional Permanent Residence

Updated Guidance on Family-Based Conditional Permanent Residence

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.

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Fee Increase Scheduled from December 1, 2023

Fee Increase Scheduled from December 1, 2023

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.

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Legislation to Reduce Green Card Backlog

Legislation to Reduce Green Card Backlog

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.

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Visa Operations Achievements During FY 2023

On November 28, 2023, DOS shared a press release discussing the agency’s visa operations achievements during FY 2023. The release demonstrates the impressive numbers achieved by the agency during this fiscal year and a roadmap for continued success.  The notable milestones are: 8 million business and tourist visas 600,000 student visas 442,000 temporary/seasonal worker visas 365,000 airline and shipping crew member visas 590,000 high-skilled and executive worker visas

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FAQs on Employment-Based Adjustment of Status

USCIS provided FAQs addressing FY2024 employment-based adjustment of status questions. DOS estimates that the FY2024 employment-based annual limit will be approximately 161,000. FAQs also address interfiling, retrogression, CSPA, medicals, and more.

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H-1B Visa Renewal Pilot Excludes Dependents

The State Department will start a pilot program in January 2024 allowing 20,000 H-1B visa holders to renew their visas within the US, eliminating the need to travel abroad. Initially limited to principal H-1B holders, dependents (H-4 visa holders) are excluded from this initiative.

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H-1B Worker Domestic Visa Renewal Pilot to Start in January

H-1B Worker Domestic Visa Renewal Pilot to Start in January

Starting in January, a new pilot program from the State Department will allow a limited number of H-1B specialty occupation workers to renew their visas in the U.S. Initially, this option will be available to 20,000 temporary visa holders. The program is part of a broader effort by the State Department to reduce wait times for travel to the U.S.

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