The President has announced a new plan to facilitate legal status for two groups of undocumented individuals in the U.S.: spouses and children of U.S. citizens who entered without inspection, and DACA recipients.Those approved in the first group would not have to leave the country; they would be granted “parole-in-place” for 3 years, during which time they could apply for a green card and would be eligible for work authorization. Those in the second group will benefit from streamlined and possibly more lenient consular processing.

Starting April 1, USCIS’ recent overhaul of its fee schedule will dramatically increase costs for many applicants and petitioners.   The changes include increases to form filing fees, unbundling payments for certain immigration benefits, and a new Asylum Program Surcharge on many employment-based filings.

On February 26, 2024, Premium Processing fees for Form I-140 (Immigrant Petition for Alien Worker) and Form I-129 (Petition for Nonimmigrant Worker) will rise to $2,805.

On July 1, 2023, a new law will make it extremely risky for an undocumented person to drive, or even ride, to Florida.  The law makes it illegal to drive on a Temporary Visitors Driver’s License (TVDLA), and a felony to transport an individual who has unlawfully entered the United States – even a relative – into the state.   

This year’s H-1B lottery attracted 780,884 applicants for 85,000 available spots.  Perhaps as a result of foreknowledge, on December 22 USCIS published “Options for Nonimmigrant Workers Following Termination of Employment.”

In order to be included as derivatives on their parents’ permanent residence (green card) cases children must be under the age of 21.  The Child Status Protection Act (CSPA) provides some protection against a child “aging out” during the lengthy immigration process by establishing a “CSPA age” younger than a child’s chronological age. It is derived by taking the amount of time the underlying petition (e.g. I-130) spent in USCIS adjudication and subtracting it from the child’s chronological age when the petition is approved or the priority date becomes current, whichever occurs later.  But when does the priority date become current? 

H-1B and L-1 visa holders will be able to renew their visa stamps in the U.S. later this year, when the U.S. Department of State’s (DOS’) new consular division in Washington DC opens. While DOS has not announced an effective date for this pilot program, they have indicated it may extend to other visa categories in the future.

Initial registration for cap-subject H-1B visas will open at noon (Eastern) on March 1, 2023 and run through noon (Eastern) on March 17, 2023.  Registrations must be submitted by employers, agents, or representatives via a myUSCIS online account. New accounts may be created on USCIS’ electronic system beginning February 21, 2023. 

USCIS has expanded premium processing service, proposed lengthened response periods and higher fees