USCIS Announces Final Phase of Premium Processing Expansions
USCIS is implementing the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. Beginning January 30, 2023, petitioners will be able to file Form I-907, Request for Premium Processing Service. This will apply to both new and currently filed I-140 petitions under the following classifications:
- E13 multinational executive and manager classification
- E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).
In March, USCIS will expand premium processing to certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking STEM OPT extensions who have a pending Form I-765, Application for Employment Authorization. In April, it will expand premium processing to F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who are filing an initial Form I-765. Furthermore, USCIS anticipates that it will expand premium processing for certain student and exchange visitors with pending Form I-539 applications in May and certain student and exchange visitors who are filing initial Form I-539 applications in June.
USCIS Now Required to Adjudicate H-4, H-4 EAD, And L-2 With I-129
On January 20, 2023, the plaintiffs in the Edakunni class-action lawsuit reached a settlement with DHS regarding structural changes for nonimmigrant H-4 and L-2 spouses. After nearly two years of litigation, the government and plaintiffs have signed off on a settlement in which USCIS would agree to return to bundling the adjudication of I-539s and I-765s for H-4 and L-2 derivatives along with the underlying I-129. The concurrent processing of these forms should significantly reduce the processing times for the dependent spouses seeking employment authorization and will hopefully result in fewer job losses caused by USCIS delays. It is important to note, however, that these changes only apply to forms that are filed together. If the forms are filed separately, USCIS will not bundle the adjudication. These changes were initiated on January 25, 2023, and are now in effect.
FY 2024 H-1B Cap Initial Registration Period Will Open March 01, 2023
USCIS announced that the initial registration period for the fiscal year 2024 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 17, 2023. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using the online H-1B registration system. Prospective H-1B cap-subject petitioners or their representatives are required to use a “myUSCIS” online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. Registrants will be able to create new accounts beginning at noon Eastern on Feb. 21. Prospective petitioners and their representatives must wait until March 1 to enter beneficiary information and submit the registration with the $10 fee.
If USCIS receives enough registrations by March 17, registrations will be randomly selected and sent selection notifications via users’ myUSCIS online accounts. If USCIS does not receive enough registrations, all registrations that were properly submitted in the initial registration period will be selected. USCIS intends to notify account holders by March 31. Additional information will be provided before the start of the initial H-1B registration period.
Visa Bulletin Update- February 2023
B. Dates for Filing of Employment-Based Visa Applications
For all employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for February 2023.
