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March 2023 » ImmigrationUSA

Spouses of H-1B Visa Holders Can Work in the United States, Rules Judge

A federal judge upheld an Obama-era policy that granted employment authorization for spouses of H-1B visa holders. The judge found that the policy allowing spouses of H-1B visa holders to be eligible for an H-4 visa and work permits is valid, denying the argument of a tech worker association.

You Have Options If Your H-1B Is Not Selected in the FY 2024 Cap

USCIS announced they received enough registrations to satisfy the FY2024 H-1B cap for both the regular cap and the master’s cap. Selection status is shown in the employer’s MyUSCIS account. It is uncertain if this will be the only selection process or not. USCIS has not, as of the time of writing, released the total […]

FY2024 H-1B Cap Selections Completed

U.S. Citizenship and Immigration Services (USCIS) announced they received enough  electronic registrations during the initial period to satisfy the FY2024 H-1B cap. This includes the advanced degrees (master’s cap). USICS randomly selected from complete and properly submitted registrations to make their selection. Individuals selected to to file an H-1B petition for their selected beneficiary have been notified through their online account.

The U.S. and Canada Agree to Expand Asylum Agreement

The United States and Canada announced an expansion to the Safe Third Country agreement. The updated agreement allows American and Canadian officials to send back asylum-seekers who are not citizens of either country, cross the border at unofficial points, and are discovered within 14-days of crossing the U.S.-Canada border in either direction.

USCIS Announces Changes to Regional Center Investor Filing Fee Requirements

Effective March 15, 2023, United States Citizenship and Immigration Services (USCIS) no longer requires biometrics submission and the $85 fee for petitioners filing Form I-526E, Immigrant Petition by Regional Center Investor. This comes as a welcome development for investors looking to participate in the Regional Center Program as they will no longer have to pay the fee or go through the biometrics submission process.

USCIS Policy Update for Employer’s Proof of Ability to Pay

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant petition adjudications.

Companies Moving Foreign Talent Abroad to Avoid US Visa Delays

U.S. companies are increasingly moving key foreign employees abroad in order to retain them. The approach referred to as offshoring or nearshoring, gives companies the option to avoid the long delays and shortage of U.S. employee visa options and keep their teams intact.