Immigration News

Winter 2024

H-1B Registrations

USCIS has announced that it will start accepting H-1B registrations on March 6, 2024 and continuing until noon EST on March 22nd. The filing fee is $10.

USCIS intends to send selection notifications by March 31st. As in past years, USCIS may have a second round of selections later in the year depending upon demand and available quota numbers.

Companies whose employees are selected in the H-1B Lottery may file H-1B Petitions for the selected employees. Last year, the deadline to file was June 30th.

Lottery restrictions do not apply to employees already in H-1B status seeking to change employers or extend their stay. It also may not apply to H-1B Petitioners which meet the regulatory requirements of: 1) an institution of higher education; 2) a nonprofit related to an institution of higher education; 3) a nonprofit research organization or governmental research organization; or 4) your company if the subject employees will be assigned to work for one of the organizations described in 1 – 3.

Please contact Small World Immigration if you want assistance in this process.

Fall 2023

Stateside Visa Renewal Pilot Proposed for Early 2024

The U.S. State Department has submitted a notice for resumption of H-1B visa renewal without the visa holder needing to depart the U.S. The proposed new program is entitled “Pilot Program for the Resumption of H-1B Nonimmigrant Visa Renewals in the United States for Select Qualified Noncitizens”. Once officially published, this document will outline the requirements and qualifications for H-1B folks interested in participating in the Stateside Visa Renewal pilot program.

Spring 2023

Medical Exam (form I-693) Information

USCIS has removed the requirement that the Medical Exam (form I-693) must have been signed by the doctor 60 days or less at the time of filing Adjustment of Status (AOS). However, it is still a good idea to obtain your Medical Exam as close to the AOS filing date as possible because the Medical Exam is only valid for 2 years. So, for example, your Medical Exam is valid today even if it was signed by your doctor on June 1, 2022, but it will expire and USCIS will request another one if your AOS is not processed to completion within two years (by June 1, 2024).

Winter 2023

Visa Renewals

The U.S. Department of State has announced that it will launch a pilot program later this year resuming stateside visa renewals for H-1B and other visas for the first time since 2004. Stay tuned for more information as DOS prepares to roll this program out.

EAD

L-2 and E dependent spouses are no longer required to apply for an EAD to work in the United States. Instead, L-2 and E dependent spouses are authorized to work in the United States just by virtue of holding L-2 or E status but there is a catch.

U.S. Customs and Border Protection must annotate the arriving L-2 and E spouse with an “S”. For example, the I-94 for an L-2 dependent spouse should be annotated “L-2S,” and an E-2 spouse should be “E-2S.” The documents with an “S” designation can be used by L-2 and E dependent spouses to show employers they are authorized to work in the United States. If an L-2 or E dependent spouse receives an entry or approval document without an “S” designation, they should contact their immigration attorney to discuss potential paths for correcting their documents.

Fall 2022

Salary Range Requirements

New salary range disclosure requirements for employers in certain states have left many unanswered questions. Small World Immigration is closely following the law as it evolves in this area and is updating our recommendations to ensure companies comply with the new requirements during this period of uncertainty.

New WFH Requirements

Employers that offer remote work opportunities generally must conduct PERM recruitment based upon the company sponsor’s headquarters location, and inform applicants of “work from home” opportunities and requirements. An important consideration is whether the company will require employees to return to the office in the near future because PERM Labor Certification is prospective in nature, so the question becomes what will be the WFH job opportunities and requirements at the end of the process 2 – 10 years from now.

Visa Appointment Wait Times

The U.S. Department of State (DOS) updated its Visa Appointment Wait Times page to include estimated wait times for nonimmigrant visa applications worldwide. Visa Appointment Wait Times

Visa Interview Waivers

Visa interview waivers are becoming more wide-spread as U.S. Embassies and Consulates worldwide seek to shorten backlogs and delays. The procedure is to submit the visa application, schedule an interview date (usually months away), then request an interview waiver. Applicant’s seeking to renew their visa in the same classification have the best likelihood of success. Expedite requests are routinely denied due to financial hardship, though may be approved for personal hardship, like a death in the family, medical emergency and similar.

Third Country Nationals

The U.S. Department of State (DOS) has announced that U.S. Embassies and Consulates worldwide should be accepting visa applications from Third Country Nationals. For example, U.S. Embassies and Consulates in Canada and Mexico are now encouraged by DOS to accept visa applications from people who reside in the U.S. and are not citizens of Canada or Mexico. Nevertheless, each post may make their own rules so advanced planning and a review of each Embassy and Consulate’s websites are required at a minimum before applying for a visa.

Get in Touch

Please reach out and let us know how we can assist you with your company's Visa and immigration needs. Contact us via email, give us a call, or use the form to send us a note. We look forward to speaking with you soon.

Phone

(415) 989-0500

Email

Charles@SmallWorldImmigration.com

Address

Small World Immigration
48 Gold Street, Suite 100
San Francisco, CA 94133