Premium Processing Fee Increases

Beginning February 26, 2024, USCIS’s new premium processing fees will go into effect. This includes the following fees:

New I-129 and I-140 Petition Fees

Beginning on April 1, 2024, the new USCIS fee schedule will go into effect. This new fee schedule increases fees across the board for employment-based cases. It also adds new fees for most I-129 and I-140 petitions. Here is a sample of the common employment-based fees:

In addition to the above fees, USCIS is adding a $600 Asylum Program Fee to all I-129 and I-140 petitions. This fee is reduced to $300 for employers with 25 or less full-time equivalent employees. Nonprofit employers are exempt from this fee altogether.

New Adjustment of Status Fees

USCIS also changed the fee structure for I-485 adjustment of status applications. Currently, the I-485 application fee of $1,225 covers the costs for concurrently filed Forms I-765 and I-131. After April 1, 2024 if an adjustment applicant files those applications, they must pay additional fees, as indicated below:

In addition to the fee increases, USCIS will be changing its timeframes for premium processing requests beginning on April 1, 2024. This will be important to consider when planning for new employees. In most instances, an additional week (5 business days) will be added.

Given these increases and premium processing timeframe updates, we encourage our clients to file requests prior to the date the new fees go into effect. To that end, we will allocate resources to the extent possible to accomplish this. Please contact us if you have any questions about the new fee schedule.

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Am I eligible for the H-1B visa renewal pilot program?

Because this is a pilot program designed to test the Department of State’s technical and operational ability, the eligibility parameters are narrow. Participation is limited to only those people who meet the following criteria:

-Your H-1B visa was issued by Mission India with an issuance date from February 1, 2021 through September 30, 2021, or your H-1B visa was issued by Mission Canada with an issuance date from January 1, 2020 through April 1, 2023

-You are not subject to a visa issuance fee (also known as a “visa reciprocity fee”)

-You have submitted ten fingerprints to DOS in connection with the prior visa application

-You are eligible for an in-person interview waiver (more information here)

-Your prior visa does not include a “clearance received” annotation

-You do not have a visa ineligibility that would require a waiver prior to visa issuance

-You have an approved and unexpired H-1B petition, you were most recently admitted to the U.S. in H-1B status, and you are maintaining your H-1B status, and

-You intend to reenter the U.S. in H-1B status after a temporary period abroad

How and when do I apply for the H-1B visa renewal pilot program?

The Department of State will begin accepting online applications for the pilot program beginning on January 29, 2024 via this website: https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html. To complete the application, applicants should select the post where their most recent H-1B visa was issued (either India or Canada), answer a series of questions to determine eligibility, complete and submit Form DS-160, and pay the non-refundable MRV visa fee.

Each week, DOS will release approximately 4,000 application slots – 2,000 for those whose most recent visa was issued by Mission India, and 2,000 for those whose most recent visa was issued by Mission Canada. The release dates are January 29, 2024; February 5, 2024; February 12, 2024; February 19, 2024, and February 26, 2024. Once the weekly limit is reached, the online application portal will be locked until the next release date opens new slots. The pilot will continue until all slots are used or until April 1, 2024, whichever is sooner.

What documents do I need?

Similar to a visa renewal at the consulate abroad, you will need to provide certain documents:

-A properly completed and electronically filed DS-160 visa application

-One passport-style photograph

-A passport with validity for at least 6 months beyond the visa application date, that contains a blank, unmarked page for a visa foil

-An original or copy of the I-797 approval notice

-An original or copy of your I-94

At this time, you do not have to prove U.S. residency or international travel plans. However, this may be requested at a later date.

How long will it take to receive my visa?

Applications will be considered in the order they are received. According to DOS, the average processing time is expected to be 6-8 weeks from the time the passport and documents are received by DOS. The agency intends to complete processing of all applications no later than May 1, 2024. Applicants can check the status of their application online: https://ceac.state.gov/CEACStatTracker/Status.aspx?App=NIV.

Expedited processing is not available with the pilot program. If an applicant applies through the program then requires urgent travel, they may withdraw their application and request return of their passport through the online portal.

How will I receive the new visa?

Issued visas, passports, and submitted documents will be returned to applicants via USPS or a courier service.

As always, please send us a copy of your new visa and any new I-94s so that we can check expiration dates to ensure everything was properly issued.

Are there any risks of applying through this program?

If, upon receipt, DOS determines your application is not within the scope of the pilot program, it will return your application and passport. In that instance, MRV fees will not be refunded. This may happen, for example, if clearance is required, even if you are not aware that clearance is required. In this instance, you would still be able to apply for a new visa in your home country.

If you would like more information regarding this pilot program, feel free to contact us using one of the below links:

https://roseimmigration.com/contact-us/intake-form-english/

https://roseimmigration.com/contact-us/formulario-en-espanol/

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The Diversity Immigrant Visa program, also known as the green card lottery, is a program for obtaining U.S. Permanent Residence. The program makes 50,000 immigrant visas available every year to applicants from countries with low rates of immigration to the United States and with specific education qualifications. It provides an inexpensive and simplified path without needing sponsorship from a U.S. employer or family.

Who Can Apply?

To be eligible, you, your spouse, or your parent must have been born in a country that sent less than 50,000 immigrants to the United States in the previous five years. The U.S. Department of State (DOS) publishes a full list of the eligible countries on its website.

For the 2025 program, the following countries are not eligible to apply due to high rates of immigration to the United States:

In addition to the nationality requirements, applicants must possess at least a high school diploma or its equivalent; or two years of work experience in an occupation that requires at least two years of training or experience. DOS publishes a list of occupations that are eligible on its website.

Non-U.S. residents seeking to obtain a diversity visa from an eligible country may apply regardless of whether they live in the United States or abroad. This includes foreign workers who are waiting to obtain a green card through the labor certification program.

When Can I Apply?

The entry submission period for the FY2025 Diversity Immigrant Visa program is from 12:00 pm (ET) on October 4, 2023, to 12:00 pm (ET) on November 7, 2023. The entry form will only be available for submission during this period. In previous years, the high demand during the last week of the registration period has caused website delays. Therefore, submitting your application as early as possible is encouraged. The results of the DV-2025 lottery are expected to be available on the E-DV site on May 4, 2024.

How Do I Apply?

Entries must be submitted online through DOS’s website. Paper entries are not accepted. Online applications are free, but visa processing fees may apply if selected. DOS releases detailed instructions on their website, which can be found here: https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-instructions.html. Bringing military family members into the country legally can be made possible through the help of an immigration lawyer who can provide green cards for military families.

The post Fiscal Year 2025 U.S. Diversity Visa Lottery Window appeared first on Rose Immigration Law Firm, PLC.

This year’s annual American Immigration Lawyers Association’s Conference on Immigration Law has come and gone, and Rose Immigration Law Firm was there to soak up as much information as possible along with the warm rays of the Florida sun! 

As part of Rose Immigration’s continued commitment to stay on the cutting edge of immigration law, policies, and strategies, Senior Associate Elizabeth Patton and Associate Joshua Evans traveled to Orlando to attend this year’s annual the American Immigration Lawyers Association’s Conference on Immigration Law. We’re also proud to report that AILA selected two of our star paralegals, Veronica Riddley and Anna Crigger, to attend as volunteers.

The conference covered trending topics in immigration, including the new Labor Certification Application, trends in O and P classifications for representing artists and entertainers, family immigration, litigation, and many others. While the panels provide great tools for our practice, the conference allows our professionals to share ideas with and learn from others in the field with the common goal of meeting their clients’ immigration needs. Associate Joshua Evans expressed this perfectly, stating, “The golden nuggets you get from attending sessions are valuable, but the gemstones you discover in connecting with other people are invaluable.”

The conference also provided an opportunity for its attendees to give back to the immigrant community. We are happy to share that Paralegal Veronica Riddley gathered with others and volunteered her time to prepare 42 naturalization applications in conjunction with the non-profit organization Mi Familia Vota.

The post Rose Immigration Law Firm at AILA’s 2023 Annual Conference on Immigration Law appeared first on Rose Immigration Law Firm, PLC.

April 24, 2023: Application creation in FLAG system opens for Form ETA-9089                 

May 15, 2023 at 6:59 PM EST: Last day to submit ETA-9089 through legacy PERM system

May 16, 2023: OFLC to begin only accepting applications through the FLAG system

The Department of Labor’s Office of Foreign Labor Certification (OFLC) has announced the transition of PERM filings to the Foreign Labor Application Gateway (FLAG) system.  As part of the transition to FLAG, OFLC has announced it will cease accepting submissions via the legacy PERM system on May 15, 2023, at 6:59 PM EST and will begin accepting PERM submissions through FLAG on May 16, 2023. Therefore, filers who intend to submit their applications for Permanent Employment Certification via the legacy PERM portal have until May 15, 2023, at 6:59 PM EST to do so.

While cases created via FLAG cannot be submitted before May 16, filers can begin preparing applications within the system as of April 24, 2023. The Department of Labor has also provided a guided example of the revised Form ETA-9089 for filers to familiarize themselves with.

Employers with questions should contact their legal representation if they have additional questions about these changes, the timeline, and what these changes might mean for their case.

The post New System for PERM Filings in FLAG Open for Submissions May 16, 2023 — Legacy PERM System to Close May 15, 2023 appeared first on Rose Immigration Law Firm, PLC.

The Act not only provides for LPR status for qualifying Liberians, it goes on to allow those who adjust to LPR status to be immediately eligible to apply for citizenship. This is because USCIS can use the earliest date the LPR can establish residence in the U.S. as the date of admission, thereby satisfying the residency requirement for citizenship.

This is an incredible opportunity for eligible Liberians. But it is critical the adjustment application be “properly filed” for the applicant to receive this valuable benefit. Therefore, we urge potential applicants to schedule a consultation with one of our attorneys. Remember, the deadline to apply for adjustment of status under the Liberian Refugee Immigration Fairness Act is right around the corner!

The post DED for Liberians Extended to June 2022, but Liberian Adjustment Act Deadline is in December 2021! appeared first on Rose Immigration Law Firm, PLC.