U.S. Immigration Updates– Week of August 7, 2023

The Second Random Selection for FY 2024 H-1B Cap Is Complete

U.S. Citizenship and Immigration Services (USCIS) has completed the second random selection process from previously submitted registrations for the fiscal year (FY) 2024 H-1B cap. In March 2023, USCIS conducted an initial random selection. The initial filing period for those with selected registrations for FY 2024 was April 1, 2023, through June 30, 2023. Only petitioners with selected registrations for FY 2024 are eligible to file H-1B cap-subject petitions.

USCIS noted that the period for filing the H-1B cap-subject petition will be at least 90 days and will be indicated on the registration selection notice. Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper, USCIS said. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2024 H-1B cap-subject petition.

SOURCES: USCIS alert (July 31, 2023). https://www.uscis.gov/newsroom/alerts/second-random-selection-from-previously-submitted-registrations-complete-for-fy-2024-h-1b-cap; USCIS alert (July 27, 2023). https://www.uscis.gov/newsroom/alerts/uscis-will-conduct-second-random-selection-from-previously-submitted-fy-2024-h-1b-cap-registrations


USCIS Changes Receipt Process for L-1 Nonimmigrant Intracompany Transferees Under Previously Approved Blanket L Petition

U.S. Citizenship and Immigration Services (USCIS) announced changes to how the agency issues receipts for L-1 nonimmigrant intracompany transferees (executives, managers, or specialized knowledge professionals) under a previously approved blanket L petition.

USCIS said that when filing Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, together with Form I-129, Petition for a Nonimmigrant Worker, the petitioner will now receive two notices: the receipt notice and the approval notice (if approved). Petitioners will no longer receive a stamped and signed Form I-129S in conjunction with the Form I-129 approval. Instead, the petitioner will receive a separate approval notice for the Form I-129S, which serves as the endorsement.

SOURCE: USCIS alert (August 3, 2023). https://www.uscis.gov/newsroom/alerts/uscis-updates-receipts-process-for-form-i-129s


Fifty-Six U.S. Representatives Send Letter to the Biden Administration Calling for Relief for High-Skilled Visa Holders

Congressmen Raja Krishnamoorthi (D-IL) and Larry Bucshon, M.D. (R-IN) led 56 of their colleagues in sending a bipartisan letter to Secretary of State Antony Blinken and Department of Homeland Security Secretary Alejandro Mayorkas requesting the Biden Administration take executive action to provide relief to high-skilled employment-based visa holders. In their letter, the U.S. Representatives request that the Administration mark all dates for the filing of employment-based visa applications in the Bureau of Consular Affairs’ published Employment-Based Visa Bulletin as “current.”

Marking all dates as “current” would allow employment-based applications to be filed regardless of applicants’ country-based priority date, which would provide relief to thousands of individuals attempting to legally navigate the U.S. immigration system and could potentially also make some eligible for Employment Authorization Documents (EADs) to change jobs, start businesses, and travel abroad to visit family without penalty. Without this administrative action, which was also used during the administration of President George W. Bush, individuals are left in a constant state of limbo and, in some cases, are punished for utilizing a pathway of legal immigration by being forced to stay with one company or organization due to their green card status.

SOURCE: Congressmen Krishnamoorthi and Bucshon Lead 56 U.S. Representatives In Bipartisan Letter To The Biden Administration Calling For Relief For High-Skilled Visa Holders | Representative Krishnamoorthi (house.gov)

Scroll to Top