• by Santhosh Rao

INTRODUCTION

February and March 2024 were very active months for US Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous US Immigration matters including:

1. USCIS Implements Batch Processing of Certain Renewal Applications for Employment Authorization
2. State Department’s April 2024 Visa Bulletin Summary
3. State Department’s March 2024 Visa Bulletin Summary
4. USCIS Announces Increase in Premium Processing Fees and Change in Premium Processing Timeframe

We at GLF post regular updates on our Google, LinkedIn, Twitter, and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s various social media handles for February and March 2024.

USCIS IMPLEMENTS BATCH PROCESSING OF CERTAIN RENEWAL APPLICATIONS FOR EMPLOYMENT AUTHORIZATION

USCIS has started processing renewal applications for specific employment authorization categories in batches to increase efficiency and shorten processing times. Batch processing applies to EAD categories A17, A18, and C26. Batch Processing means that the end validity period will now be the first of the month for all cases irrespective of when the expiration date of the non-immigrant status was in that particular month. As such, the EAD end date may/will be different date than their Form I-94. Filing for an extension before expiration of the EAD as opposed to the I-94 should minimize any effects, ensuring an auto extension of employment authorization to the Form I-94 expiration date. However, practitioners need to diligently monitor EAD and status expiration to prevent work without authorization.

STATE DEPARTMENT’S APRIL 2024 VISA BULLETIN SUMMARY

State Department issued the April 2024 Visa Bulletin, with the following highlights:

• Adjustment of Status for Family Sponsored filing must use the Dates of Filing Chart and Employment Based filing must use Final Action Dates chart.
• Final action dates for Family sponsored F1 Category have not changed (February 08, 2015)
• Final actions date F2A category for India have advanced from June 22, 2020, to September 08, 2020.
• Filing dates chart for family sponsored F1 Category (September 01, 2017) and F-2A category (September 01, 2023) for India have not changed.
• Final Action dates EB-1 category for India have advanced from October 01, 2020, to March 01, 2021, and the Dates for Filing have advanced from January 01, 2021, to April 01, 2021.
• Final action dates EB-2 category for India have advanced from March 01, 2012, to April 15, 2012, and the Dates for filing (May 15, 2012) have not changed.
• Final action dates EB-3 category India have advanced from July 01, 2012, to August 15, 2012, and Dates for filing have advanced from August 01, 2012 to September 15, 2012.
• Final action dates for Certain Religious workers are marked unauthorized, and Dates for filing have advanced from January 01, 2020, to December 01, 2020.
• The DV-2023 annual limit was reduced to 54,850.

STATE DEPARTMENT’S MARCH 2024 VISA BULLETIN SUMMARY

State Department issued the March 2024 Visa Bulletin, with the following highlights:

• Adjustment of Status for Family Sponsored filing was required to use the Dates of Filing Chart and Employment Based filing was required to use Final Action Dates chart.
• Final action dates for Family sponsored F1 Category had advanced from January 01, 2015, to February 08, 2015
• Final actions date F2A category for India had advanced from February 08, 2020, to June 22, 2020
• Filing dates chart for family sponsored F1 Category (September 01, 2017) and F-2A category (September 01, 2023) for India had not changed.
• Final Action dates EB-1 category for India have advanced from September 01, 2020, to October 01, 2020, and the Dates for Filing (January 01, 2021) had not changed.
• Final action dates EB-2 category for India (March 01, 2012), and the Dates for filing (May 15, 2012) had not changed.
• Final action dates EB-3 category India (July 01, 2012) and Dates for filing (August 01, 2012) had not changed.
• Final action dates for Certain Religious workers had advanced from May 15, 2019, to December 01, 2019, and Dates for filing had advanced from September 01, 2019, to January 01, 2020.
• The DV-2023 annual limit was reduced to 54,850.

USCIS ANNOUNCES INCREASE IN PREMIUM PROCESSING FEES AND CHANGE IN PREMIUM PROCESSING TIMEFRAME

USCIS had announced a final rule to implement an inflation adjustment to premium processing fees effective February 26, 2024.

• Form I-129, H-2B or R-1 Non-immigrant visas, the fee was increased from $1,500 to $1,685 and for all the other Non-immigrant employment visas, the fee was increased from the $2,500 to $2,805.
• For Form I-140, Immigrant Petition for Alien Worker, the fee was increased from the $ 2,500 to $2,805.
• For Form I-539, Application to Extend/Change Non-immigrant Status, the fee was increased from $1,750 to $1,965.
• For Form I-765, Application for Employment Authorization (EADs), the fee was increased from $1,500 to $1,685.

Any Form I-907 postmarked on or after February 26, 2024, sent with the wrong filing fee will be rejected by USCIS, and the fee will be returned.

In another important development, USCIS had announced that effective April 1, 2024, the premium processing timeframe for Form I-129 (H-1B/E-3/TN) will change from 15 calendar days to 15 business days; for Form I-539 and Form I-765 (e.g. F-1 OPT) it will change from 30 calendar days to 30 business days; and for EB-1C and EB2 NIW it will change from 45 calendar days to 45 business days.

SIGN UP FOR GLF NEWSLETTER

At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate fact from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters. We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all of our earlier GLF Newsletters on our website.