2024 Business Immigration Update

USA documents | GetXDocs

The U.S. Department of State (DOS) has reported significant developments in business immigration for 2024, highlighting the critical need for foreign talent in American companies. Here's a summary of key updates and changes:

Record-Breaking Visa Issuance in 2023

• DOS issued more nonimmigrant visas in 2023 than any year since 2015, including a record 365,000 to airline and shipping crewmembers and 590,000 to high-skilled workers and executives.

Expanded Visa Interview Waiver Program

• From January 1, 2024, the nonimmigrant visa interview waiver program is indefinitely expanded, allowing consular officers to waive in-person interviews for first-time H-2 visa applicants and other nonimmigrant visa applicants under certain conditions.

Launch of Domestic Visa Renewal Pilot Program for H-1B Workers

• A domestic H-1B visa renewal pilot program started on January 29, 2024, allowing specific H-1B workers to renew visas within the US through a mail-in procedure, aiming to alleviate the challenges of overseas consular processing.

Eligibility for the H-1B Visa Renewal Pilot Program

• The pilot is open to H-1B workers who meet specific criteria, including prior visa issuance by Mission Canada or Mission India within a specified period and other eligibility requirements.

Visa Issuance Under the Pilot Program

• The State Department will issue a maximum of 20,000 H-1B visas under the pilot, with 4,000 slots released weekly from January 29 to February 26, 2024.

Preparing for H-1B FY25 Cap Season and Program Modifications

• The H-1B FY25 Registration Period runs from noon Eastern on March 6, 2024, through noon Eastern on March 22, 2024. USCIS has also announced changes to the H-1B registration selection process and program integrity, aiming to make the lottery fairer and more efficient.

Significant Increase in USCIS Filing Fees and Premium Processing Timeline

• USCIS announced a major filing fee increase effective April 1, 2024, with the H-1B Cap Registration fee rising from $10 to $215. Other filing fees for various visa petitions will also see significant increases.

Stampless Entry and Mobile Applications

• CBP has stopped placing ink stamps in passports for entry documentation, moving towards electronic I-94 and travel history verification. Mobile applications like CBP One are recommended for managing I-94s and other admission processes.

The Bottom Line

Employers need to be aware of these changes, including increased filing and premium processing fees, and consider utilizing domestic visa renewals to avoid overseas delays. With the H-1B FY25 sponsorship cycle approaching, companies are encouraged to start preparations with legal counsel to ensure eligibility and complete the necessary processes.

Prepared on the information from jdsupra.com