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GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR JANUARY 2026

MANJUNATH GOKARE — Fri, 30 Jan 2026 11:53:06 +0000

INTRODUCTION:

January 2026 was very active month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

DHS Reduces Wait Times for Religious Workers
State Department’s February Visa Bulletin
U.S. Visa Processing Paused for Applicants From 75 Countries
USCIS Hikes Premium Process Fees from March 01
Visa Bond Pilot Program For B-1/B-2 Applicants
Citizenship On Hold: Thousands Left in Limbo After U.S. Freezes Naturalization Ceremonies

We at GLF post regular updates on our Google, LinkedIn, Twitter, and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s various social media handles for January 2026

DHS REDUCES WAIT TIMES FOR RELIGIOUS WORKERS

The U.S. Department of Homeland Security (DHS) has issued an interim final rule that significantly reduces delays for religious workers seeking to return to the United States.

What Has Changed?
Previously, R-1 religious workers who reached the statutory five-year maximum stay were required to remain outside the U.S. for one full year before reapplying. Under the new rule, this one-year foreign residency requirement has been eliminated.

While R-1 workers must still depart after completing five years in the U.S., there is no longer a mandatory minimum period they must remain abroad before seeking readmission. This change minimizes disruption for religious institutions and ensures continuity of essential religious services.

The rule also addresses long-standing backlogs in the EB-4 immigrant visa category, which worsened following visa processing changes in 2023.

USCIS is accepting public comments for 60 days following publication in the Federal Register.

STATE DEPARTMENT’S FEBRUARY VISA BULLETIN

The U.S. Department of State has released the February 2026 Visa Bulletin. USCIS has confirmed that: Dates for Filing must be used for both family-sponsored and employment-based filings.

Family-Sponsored Preference Categories (India):

F-1 – Final Action Date: November 08, 2016 (unchanged); Dates for Filing: September 01, 2017 (unchanged)
F-2A – Final Action Date: February 01, 2024 (unchanged); Dates for Filing advanced from December 22, 2025, to January 22, 2026
F-2B – Final Action Date: December 01, 2016 (unchanged), Dates for Filing: March 15, 2017 (unchanged)
F-3 – Final Action Date: September 08, 2011 (unchanged); Dates for Filing: July 22, 2012 (unchanged)

Employment-Based Preference Categories (India):

EB-1 – Final Action Date: February 01, 2023 (unchanged); Dates for Filing: August 01, 2023 (unchanged)
EB-2 – Final Action Date: July 15, 2013 (unchanged); Dates for Filing: December 01, 2013 (unchanged)
EB-3 – Final Action Date: November 15, 2013 (unchanged); Dates for Filing: August 15, 2014 (unchanged)
EB-4 – Final Action Date: January 01, 2021 (unchanged); Dates for Filing: March 15, 2021 (unchanged)

Religious Workers Category: Final Action Date has advanced from (January 01, 2021) to Unavailable; Dates for filing have advanced from (March 15, 2021) to Unavailable.

The DV-2026 annual limit has been reduced to 52,000 visas.

U.S. VISA PROCESSING PAUSED FOR APPLICANTS FROM 75 COUNTRIES

The U.S. Department of State has announced a temporary pause on immigrant visa processing for applicants from 75 countries, effective January 21, 2026, as part of expanded consular screening and public charge reviews.

This pause applies only to immigrant visas (employment-based and family-based) and does not impact B-1/B-2 visitor visas. U.S. embassies and consulates have been instructed to halt final adjudications during this review period.

Due to the absence of detailed public guidance, applicants are strongly advised to monitor official announcements and consult immigration counsel before making travel, employment, or relocation decisions.

USCIS HIKES PREMIUM PROCESS FEES FROM MARCH 01

DHS has issued a final rule increasing USCIS premium processing fees, reflecting inflation adjustments authorized under the USCIS Stabilization Act.

The revised fees apply to Form I-907 requests postmarked on or after March 1, 2026. Premium processing remains available only for eligible benefit categories.

Form I-129

H-2B or R-1 Non-immigrant status Current Fee: $1,685 → New Fee: $1,780

E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1 / P-1S, P-2 / P-2S, P-3 / P-3S, Q-1, TN-1, TN-2: Current Fee: $2,805 → New Fee: $2,965

Form I-140: Employment-based immigrant categories (E11, E12, E13, E21 – NIW & Non-NIW, E31, E32, EW3): Current Fee: $2,805 → New Fee: $2,965Form I-539: F-1, F-2, J-1, J-2, M-1, M-2: Current Fee: $1,965 → New Fee: $2,075

Form I-765: OPT and STEM OPT: Current Fee: $1,685 → New Fee: $1,780

Key Takeaway:

Employers, students, and petitioners should factor these increased costs into filings submitted on or after March 1, 2026 to avoid rejections or processing delays.

VISA BOND PILOT PROGRAM FOR B-1/B-2 APPLICANTS

The U.S. Department of State has launched a 12-month Visa Bond Pilot Program for certain B-1/B-2 visitor visa applicants under a Temporary Final Rule.

Consular officers may require applicants from designated countries to post a Maintenance of Status and Departure Bond of $5,000, $10,000 (standard), or $15,000 before visa issuance. Bonds are paid via Pay.gov and held by the U.S. Treasury under DHS direction.

Applicants subject to the bond receive a single-entry visa valid for 3 months and may be admitted for up to 30 days only. Entry and departure are limited to designated ports of entry, including JFK, Boston, Washington Dulles, Newark, Atlanta, Chicago O’Hare, Los Angeles, Toronto, and Montréal.

The list of affected countries across Africa, Asia, the Caribbean, and South America—is updated periodically, with most additions effective January 2026. The bond requirement applies regardless of where the visa is issued.

The bond is refunded upon timely departure and full compliance with visa terms; violations may result in forfeiture. The pilot runs through August 5, 2026, and is expected to increase processing times and limit travel flexibility.

CITIZENSHIP ON HOLD: THOUSANDS LEFT IN LIMBO AFTER U.S. FREEZES NATURALIZATION CEREMONIES

President Donald Trump’s decision to suspend U.S. naturalization ceremonies for applicants from dozens of countries has left thousands of lawful permanent residents unable to complete the final step to citizenship. Many of those affected have lived in the United States for years or decades and have already passed background checks, English and civics exams, and received formal approval.

The suspension followed a deadly shooting involving a National Guard member in Washington, D.C., after which the administration imposed broader migration limits on countries it labeled “high-risk.” USCIS initially halted ceremonies for applicants from 19 countries, later expanding the list to 39. While officials say the pause allows for additional security screening, critics note that the naturalization process already includes extensive vetting.

Because many applicants were fully approved and waiting only to take the oath, the policy effectively blocks citizenship at the final stage, with no clear timeline or individualized review.

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GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR NOVEMBER 2025

MANJUNATH GOKARE — Thu, 27 Nov 2025 05:35:25 +0000

INTRODUCTION

November 2025 was quiet month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on following U.S. Immigration matters, including:

DOS Cable Signals A Tougher Stance On Public Charge Decisions
OFLC Issues Filing Accommodations After Shutdown (Oct 1–31, 2025)
State Department’s December Visa Bulletin – Key Updates

DOS CABLE SIGNALS A TOUGHER STANCE ON PUBLIC CHARGE DECISIONS

Department of State cable issued around November 6, 2025, reportedly expands how consular officers should apply INA 212(a)(4) public charge rules. While still using the “totality of the circumstances” test, officers must now scrutinize medical exams more closely and issue 221(g) requests if chronic physical or mental conditions. Even non-classified conditions like obesity may raise future financial-burden concerns.

The cable also instructs officers to weigh other negative indicators more heavily. Limited English proficiency, low-skill work history, and any past public assistance including benefits received abroad can contribute to a public charge finding. Affidavits of support are emphasized as only one factor rather than a deciding element.

Finally, the guidance reaffirms that 212(a)(4) applies to certain non-immigrant categories such as H-1B and L. This signals a broader, more probing review of applicants’ financial self-sufficiency across both immigrant and select non-immigrant visas

OFLC ISSUES FILING ACCOMMODATIONS AFTER SHUTDOWN (OCT 1–31, 2025):

Manual Entry: OFLC will input all shutdown-period filings; duplicates may cause denials.
No Withdrawals: Requests to withdraw filings submitted during this period will not be processed.
PERM Recruitment Extended: Recruitment expiring Oct 1–Nov 2 receives an automatic 33-day extension.
Response/appeal deadlines extended: RFIs, audits, NOAs, NODs, reconsiderations, and appeals all receive a 33-day extension.
Additional Time: Additional extensions may be requested via FLAG or the OFLC HelpDesk.

These measures aim to ease processing delays caused by the month-long system suspension

STATE DEPARTMENT’S DECEMBER VISA BULLETIN – KEY UPDATES:

The State Department has released the December 2025 Visa Bulletin. Both Family-Sponsored and Employment-Based applicants must use the Dates for Filing chart.

Family-Sponsored (India):

F-1: Final Action 11/08/2016; Filing 09/01/2017 (unchanged)
F-2A: Final Action 02/01/2024; Filing 11/22/2025 (advances)
F-2B, F-3: No changes

Employment-Based (India):

EB-1: Final Action 03/15/2022; Filing 04/15/2023
EB-2: Final Action 05/15/2013; Filing 12/01/2013
EB-3: Final Action 09/22/2013; Filing 08/15/2014
EB-4/Religious Workers: Final Action 09/01/2020; Filing 02/15/2021 (SR category reopens)

The DV-2026 program is reduced to 52,000 visas.

Religious Workers (SR) Update:

Under H.R. 5371 (Nov 12, 2025), the SR category is extended to Jan 30, 2026. No SR visas or adjustments may be approved after Jan 29, 2026. Visas issued before that date are valid only until Jan 29, 2026. The December SR Final Action Date remains Sept 1, 2020, for all countries

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At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails, and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate facts from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters. We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all of our earlier GLF Newsletters on our website

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GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR APRIL 2025

MANJUNATH GOKARE — Thu, 01 May 2025 09:27:01 +0000

INTRODUCTION

April 2025 was very active month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

H-1B Compliance Alert: Navigating FDNS Inspections
State Department’s May 2025 Visa Bulletin Summary
Submission Of DS-160 Made Mandatory Before Scheduling Appointments
U.S. Embassy In India Warns Against Visa Fraud
U.S. Embassy In India Warns Against Visa Misinformation, Urges Use Of Official Resources
U.S. Restores Legal Status For International Students, Cautions On Future Visa Revocations
USCIS Announces Completion Of FY 2026 H-1B Cap Registration
USCIS Updates Form I-9 and E-Verify.

H-1B COMPLIANCE ALERT: NAVIGATING FDNS INSPECTIONS

USCIS through its Fraud Detection and National Security (FDNS) unit, has increased the frequency and depth of site visits to ensure compliance with H-1B regulations. These inspections often involve direct contact with H-1B workers via phone or email, requesting detailed information about their employment and job duties.

Key Points to Note:

Timely and Accurate Response: Failure to respond promptly or providing inaccurate information can seriously jeopardize an H-1B worker’s immigration status.
Secure essential documents including Public Access Files for easy access and Audits
Employer and Employee Responsibility: While employers play a critical role in ensuring compliance, H-1B workers must also understand and accurately represent the terms of their employment.
Preparation is Essential: Employers should be prepared for site visits, and employees should be briefed on their rights and responsibilities during an FDNS inspection.
Proactive Compliance: Both parties must proactively stay informed about immigration obligations and ensure consistency between what is filed with USCIS and what is occurring on the ground.

Being well-informed and cooperative during FDNS inspections is crucial to maintaining lawful H-1B status and avoiding potential disruptions.

STATE DEPARTMENT’S MAY 2025 VISA BULLETIN SUMMARY

The State Department has issued the May 2025 Visa Bulletin and here are the highlights:

Adjustment of Status for Family Sponsored filing must use the Dates of Filing Chart and Employment Based filing must use the Final Action Dates Chart.
Final action dates (March 15, 2016) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India have not changed.
Final action dates (January 1, 2022) and Dates for Filing (October 15, 2024) for Family sponsored F2A category for India have advance to February 01, 2025.
Final Action dates EB-1 category (February 15, 2022) and Dates for Filing (April 15, 2022) have not changed.
Final action dates EB-2 category (January 1 ,2013), and Dates for Filing for India (February 1, 2013) have not changed.
Final action dates EB-3 category has advanced from April 1, 2013, to April 15, 2013, and Dates for Filing (June 8, 2013) have not changed.
Final action dates for Certain Religious Workers are unavailable for issuance and Dates for Filing for India (February 01, 2021) have not changed.
The DV-2025 annual limit will be reduced to approximately 52,000.

SUBMISSION OF DS-160 MADE MANDATORY BEFORE SCHEDULING APPOINTMENTS

Effective immediately, all applicants must complete and submit the DS-160 form prior to scheduling a visa interview appointment.

Previously, applicants were permitted to book interview slots before submitting the DS-160, which led to administrative delays and processing issues. Under the new procedure, the DS-160 confirmation number must match the number used to schedule the appointment. Failure to do so will result in the applicant being ineligible to proceed with the interview.

If a mismatch occurs, applicants will be required to reschedule their appointment using the correct DS-160 confirmation number.

U.S. EMBASSY IN INDIA WARNS AGAINST VISA FRAUD

The U.S. Embassy in India has issued a formal warning via its official Instagram account about the serious consequences of visa fraud. They emphasised that submitting false information or forged documents may result in a permanent visa ban under U.S. immigration law and could lead to criminal charges in India.

Applicants are held accountable for the accuracy of their applications, even if completed by someone else. The Embassy advises avoiding unverified visa agents, noting that many qualified applicants succeed by submitting honest and genuine information.

The Embassy highlights the importance of integrity and cautions that the risks of fraud can jeopardize one’s future.

U.S. EMBASSY IN INDIA WARNS AGAINST VISA MISINFORMATION, URGES USE OF OFFICIAL RESOURCES

The U.S. Embassy and Consulates in India have issued an advisory through their official Instagram page, drawing attention to the growing spread of false or misleading information about U.S. visas.

To assist applicants in navigating the visa process correctly, the Embassy encourages the use of trusted platforms like the U.S. Visa Navigator, which guides users to the right resources based on their individual questions.

For assistance with scheduling appointments or submitting applications, applicants may contact customer support via email at support-india@usvisascheduling.com, or by phone at +91 2069020000 (India) or +1 332-220-1866 (U.S). Applicants are also encouraged to follow the official social media accounts of the U.S. Embassy and Consulates in India for verified updates and information.

U.S. RESTORES LEGAL STATUS FOR INTERNATIONAL STUDENTS, CAUTIONS ON FUTURE VISA REVOCATIONS

The Trump administration has restored the legal status of several international students whose SEVIS records were recently removed. This decision permits them to continue residing in the United States lawfully, at least temporarily. However, immigration officials warned that these students could still face future visa terminations.

This is the result of a series of lawsuits filed by students who received no proper explanation for their visa revocations. In some cases, the revocations were linked to minor infractions like traffic violations, while in others, no clear reason was provided. Despite restoring SEVIS access, Homeland Security emphasized that visa revocations had not been reversed for students who had already left the country and got their visas revoked.

USCIS ANNOUNCES COMPLETION OF FY 2026 H-1B CAP REGISTRATION

USCIS received enough electronic registrations during the initial period to meet the FY 2026 H-1B cap, including the advanced degree exemption (master’s cap). Randomly selected beneficiaries were notified, and their petitioners are now eligible to file H-1B cap-subject petitions.

Filing Period started on April 1, 2025, and will end on June 30, 2025. Only petitioners with selected beneficiaries may file. Petition must be filed at correct filing location or online at my.uscis.gov along with copy of the selection notice, Proof of the beneficiary’s valid passport that was used for registration along with supporting evidence to establish petition approval eligibility.

USCIS UPDATES FORM I-9 AND E-VERIFY

USCIS made minor changes to Form I-9, Employment Eligibility Verification. The latest version of Form I-9 (edition date 01/20/25) will validity until 05/31/2027 was made available for download. The previous edition (08/01/2023 edition) remains valid until 05/31/2027 and 07/31/2026 (for online filings).

From April 3, 2025, E-Verify and E-Verify+ have been reflecting the updated language, changing “A noncitizen authorized to work” to “An alien authorized to work” during case creation.

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GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR FEBRUARY AND MARCH 2025

MANJUNATH GOKARE — Mon, 31 Mar 2025 16:09:15 +0000

INTRODUCTION

February and March 2025 were very active months for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

State Department’s March 2025 Visa Bulletin Summary
H-1B Lottery for FY 2026 started on March 07, 2025
USCIS Reduced Dropbox Eligibility for Indians from 48 to 12 Months
DHS Implemented New Alien Registration Requirement for Foreign Nationals
Electronic Device Searches at U.S. Ports of Entry
DOL Issued Guidelines on Combination Occupations in PERM Applications
U.S. Consular Team Cancelled 2,000 Fraudulent Visa Appointments in India
U.S. Embassy Issued Reminder on Visa Application Integrity
U.S. Embassy India Increased Interview Waiver (Drop Box) Fee

STATE DEPARTMENT’S MARCH 2025 VISA BULLETIN SUMMARY

The State Department has issued the March 2025 Visa Bulletin and here are the highlights:

Adjustment of Status for Family Sponsored filing must use the Dates of Filing Chart and Employment Based filing must use the Final Action Dates Chart.
Final action dates (November 22, 2015) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India have not changed.
Final action dates (January 1, 2022) and Dates for Filing (July 15, 2024) for Family sponsored F2A category for India have remained unchanged.
Final Action dates EB-1 category (February 01, 2022), and Dates for Filing (April 15, 2022) have not changed.
Final action dates EB-2 category has advanced from October 15, 2012, to December 1, 2012, and Dates for Filing for India (January 1, 2013) have not changed.
Final action dates EB-3 category has advanced from December 15, 2012, to February 1, 2013, and Dates for Filing (June 8, 2013) have not changed.
Final action dates for Certain Religious Workers have retrogressed from January 1, 2021, to August 1, 2019 and Dates for Filing for India (February 01, 2021) have not changed.
The DV-2025 annual limit will be reduced to approximately 52,000.

H-1B LOTTERY FOR FY 2026 STARTED ON MARCH 07, 2025

H-1B Lottery for FY 2026 started on March 7, 2025 (12 noon Eastern) and ended on March 24, 2025 (12 noon Eastern).

Here are some important details:

Prospective Petitioners and Representatives were able to setup their Organizational and Representative Accounts on my.uscis.gov portal
The H-1B Registration Fee was $215
For the purposes of Registration fee payments, temporary increase in the daily credit card transaction limit had been made from $24,999.99 to $99,999.99 per day
“Beneficiary-centric” selection process continued for registrations – selection was based on unique Beneficiary irrespective of the number of registrations done for that Beneficiary.
Petitioners and Representatives were able to create spreadsheets containing beneficiary data and upload them to pre-fill H-1B registration information in their Organizational and Representative Accounts.
Selection Notifications have started coming in and we will have the final batch of selection by end of the day today (March 31, 2025) via my.uscis.gov accounts.

USCIS REDUCED DROPBOX ELIGIBILITY FOR INDIANS FROM 48 TO 12 MONTHS.

USCIS has revised the eligibility for the Visa Interview Waiver (Dropbox) program for Indian Non-Immigrant visa holders. Under the new guidelines, applicants could use the Dropbox program only if their previous visa expired within the last 12 months, a sharp reduction from the earlier 48-month window.

As a result, applicants whose visas expired more than 12 months ago will need to schedule an in-person interview at a US consulate, potentially causing delays in processing.

The extended drop box window of 48 months was introduced in 2022, aimed to reduce long wait times at US consulates during the COVID pandemic. Previously, applicants whose visas expired within the last 48 months could use the Dropbox service to avoid an in-person interview. With the new rule, more people will require interviews, leading to higher chances of 221(g) refusals or 214(b) denials.

DHS IMPLEMENTED A NEW ALIEN REGISTRATION REQUIREMENT FOR FOREIGN NATIONALS.

Effective February 25, 2025, the U.S. Department of Homeland Security (DHS) implemented a new registration requirement for certain foreign nationals. Foreign nationals aged 14 and older who were not previously registered or fingerprinted during their visa application and intend to remain in the United States for 30 days or more are required to register within 30 days of their arrival. Parents or legal guardians are required to register children under the age of 14, and once a child turns 14, they must re-register and be fingerprinted within 30 days.

The following individuals must apply for registration:

Those who entered without inspection or with parole.
Individuals applying for DACA or TPS who lack registration proof.
Canadians who stay over 30 days without an I-94 record.

Green card holders, pending lawful permanent residence applicants, Non-Immigrants with I-94/I-94W records, Visa holders, EAD holders, paroled individuals (INA 212(d)(5)), those in removal proceedings, Border Crossing Card holders, and certain American Indians (born in Canada or members of the Texas Band of Kickapoo) are already considered as registered and are exempt from registration.

Registration must be completed online through a USCIS account. Failure to comply may lead to penalties. However, registration does not grant immigration status or employment authorization. This measure aims to strengthen immigration enforcement and ensure compliance.

ELECTRONIC DEVICE SEARCHES AT U.S. PORTS OF ENTRY

U.S. Customs and Border Protection (CBP) has the authority to search electronic devices, such as phones, laptops, and tablets, at all U.S. ports of entry, including land crossings, airports, seaports, and even CBP preclearance locations abroad such as Dublin or Toronto. These searches do not require a warrant or suspicion, and they apply to both U.S. citizens and non-citizens. CBP performs two types of searches: a basic search, which involves manually reviewing the contents of a device, and an advanced search, where external equipment is used to copy and analyze data. Advanced searches require reasonable suspicion of a legal violation or national security concern and must be approved by a senior official. Travelers should be aware that refusing access to their devices may result in device seizure, denial of entry for visa holders, or, at preclearance locations, being denied boarding for a flight.

To safeguard personal data, travellers should take proactive steps, including carrying minimal electronic devices, backing up important files, using strong passwords, and enabling encryption. It is also advisable to power down devices before crossing the border and inspect them for unauthorized changes if confiscated. Travelers should note that border searches are limited to the information of the device itself and do not include remotely stored cloud data. To enhance privacy, sign out of sensitive apps, disable automatic logins, remove personal data-storing apps, and consider using a VPN. While U.S. citizens and Lawful permanent residents cannot be denied entry, they may face delays due to additional scrutiny if they refuse to provide access to their devices. Visa holders, however, risk denial of entry if they do not cooperate. Travelers should remain calm, honest, and cooperative while understanding both their rights and CBP’s authority.

DOL ISSUED GUIDELINES ON COMBINATION OCCUPATIONS IN PERM APPLICATIONS

In the PERM process, a combination occupation refers to a job that includes duties from multiple distinct occupations rather than fitting within a single SOC code. Combination occupations are generally prohibited and usually result in summary denial of the PERM application. The DOL has issued specific guidelines for filing a PERM application involving a combination occupation.

There are three justifications for combining duties:

Employers normally employ persons for that combination of occupations.
Workers customarily perform the combination in the area of employment.
Combination of job opportunities are based on a business necessity.

To document a combination occupation, the employer must provide:

Position description and relevant payroll records.
Letters from other employers stating their workers normally perform the combination of occupations in the area of intended employment.
Documentation that the combination occupation arises from a business necessity.

To avoid a combination occupation, an applicant must:

Review O*NET when drafting the job description.
Review your PWD to see what NPWC has concluded.
Seek review where a PWD erroneously indicates a combination of occupations.

If the PWD classifies the job as a combination of occupations and the employer disagrees, the employer must first challenge the determination by filing a Request for Redetermination (RFR) with the NPWC. If the NPWC upholds its determination, the employer may request a Center Director Review (CDR). If the NPWC reaffirms its classification after both the RFR and CDR processes, the employer may then appeal the decision to the Board of Alien Labor Certification Appeals (BALCA).

U.S. CONSULAR TEAM CANCELED 2,000 FRAUDULENT VISA APPOINTMENTS IN INDIA

The U.S. Consular Team in India identified and cancelled approximately 2,000 visa appointments made using bots or browser plugins, violating visa scheduling policies. The associated accounts were suspended immediately.

USTravelDocsIndia (State Department Website for India)has enforced strict guidelines for scheduling visa appointments:

Automated Access Prohibited: Bots, crawlers, and scripts are not allowed.
Improper Use Prohibited: The platform must not be used for unauthorized purposes.
Access Limitations: Users with automation tools may receive a restriction warning on the appointment calendar page.
Compliance Requirement: To schedule an appointment, applicants must remove automation tools and wait 24 hours before retrying.

U.S. EMBASSY ISSUED REMINDER ON VISA APPLICATION INTEGRITY

The U.S. Embassy in India has issued a reminder on its official Instagram page emphasizing the importance of honesty and accuracy in visa applications.

The embassy warned that providing false information or submitting fraudulent documents could lead to visa rejection, future travel restrictions, and even a ban from entering the United States. In some cases, it might also result in legal consequences, including arrest and prosecution.

Reassuring applicants, the embassy stated that there is no need for intermediaries, fake documents, or fabricated stories to obtain a visa. In fact, over 1 million Indians were granted U.S. visas last year, demonstrating that honesty and transparency lead to the best outcomes.

U.S. EMBASSY INDIA INCREASED INTERVIEW WAIVER (DROP BOX) FEE

The U.S. Embassy and Consulates in India have raised the fee for Interview Waiver (drop box) services at paid drop box centers from ₹850 to ₹1,200 per application.

Applicants could submit their documents for ₹1,200 at any of the six drop box centers in Ahmedabad, Bangalore, Chandigarh, Cochin, Jalandhar, or Pune.

Alternatively, document submission remains free at the five Visa Application Centers in Chennai, Hyderabad, Kolkata, Mumbai, and New Delhi, regardless of the consular post where the interview waiver appointment is scheduled.

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GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR DECEMBER 2024

Santhosh Rao — Fri, 20 Dec 2024 12:22:16 +0000

We thank you for your continuous Trust. May this Christmas set the stage for a successful and joyful year ahead. Wishing you a festive Christmas and a prosperous New Year with full of promise!

INTRODUCTION

December 2024 was a very active month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

USCIS Mandated Submission of Immigration Medical Examination and Vaccination Record with Form I-485 For Certain Applicants
USCIS Reached H-1B Cap for FY 2025
Guidelines For Employers on Documenting Employee Referral Programs
U.S. Embassy Announced Centralization of Non-Immigrant Visa Appointments in India
USCIS Rolled Out New Form I-485: Effective February 10, 2025
DHS Permanently Extended EAD Auto-Renewal To 540 Days for Certain Categories; Starting January 13, 2025
State Department’s January 2025 Visa Bulletin Summary
USCIS Announced Shorter Lockbox Receipt Notice Processing Times
Restrictions in Rescheduling of Visa Appointments

USCIS MANDATED SUBMISSION OF IMMIGRATION MEDICAL EXAMINATION AND VACCINATION RECORD WITH FORM I-485 FOR CERTAIN APPLICANTS

USCIS requires specific applicants filing Form I-485(Application to Register Permanent Residence or Adjustment of Status) to include Form I-693 (Report of Immigration Medical Examination and Vaccination Record), at the time of submission.

Applications that do not include Form I-693, completed and signed by a designated civil surgeon, may be rejected. This requirement ensures applicants meet the health-related criteria for admissibility, confirming they are free of conditions that could render them inadmissible.

By mandating simultaneous submission, USCIS aimed to reduce processing delays and the issuance of Requests for Evidence (RFE).

USCIS REACHED H-1B CAP FOR FY 2025

USCIS reached the congressionally mandated limits for the FY 2025 H-1B program, including the 65,000 regular cap and the 20,000 advanced degree exemption, commonly known as the master’s cap.

Non-selection notices will be issued to registrants via their online accounts in the coming days. Once all notices are sent, the status for unselected registrations will update to “Not Selected,” confirming ineligibility to file an H-1B cap petition for FY 2025.

In May 2025, USCIS had released data on the FY 2025 H-1B Registration period where in USCIS had selected 120,603 registrations for 114,017 Beneficiaries. So, there were duplicate registrations, but the number of duplicates were far less; indicating that the duplicates are likely valid and not coordinated. USCIS received 1.06 registrations per Beneficiary this year, whereas last year it was 1.7 (or nearly 2 registrations for every Beneficiary). The total number of eligible registrations was 470,342 this year far less than the 758,994 last year. So, this data tells us that Beneficiary-Centric Registration is working, and duplicate registrations are down significantly.

USCIS will continue to accept and process petitions exempt from the cap, including Extensions, Amendments, Transfers, Concurrent and H-1B New (Cap Exempt) petitions.

GUIDELINES FOR EMPLOYERS ON DOCUMENTING EMPLOYEE REFERRAL PROGRAMS

An Employee Referral Program (ERP) in the PERM labor certification process helps employers meet recruitment requirements by using an incentive-based referral system. BALCA’s guidelines, based on Matter of Sanmina-SciCorp and Matter of ZS Associates, Inc., outline the criteria employers must follow.

Employers must meet the following three-prong test:

The ERP must offer formal incentives for employee referrals.
The employer must demonstrate that the ERP was active during the recruitment period.
The employer must show that employees were informed about the specific job opportunity.

ERP Documentation Guidelines for Employers:

Incentive Structure: Document formal referral incentives, ensure the program was active during the recruitment period, and provide dated copies of notices or memoranda advertising the program and specifying the incentives offered.
Employee Awareness: Use internal communications (e.g., intranet, emails) to inform employees about job openings and keep dated records.
Avoid Sole Reliance on NOF: Don’t rely only on the Notice of Filing (NOF); include additional proof, such as intranet postings.
Transparency: Avoid actions that could suggest pre-selecting a foreign worker.

BALCA confirmed that a NOF or intranet posting with NOF language could serve as valid notice of a job opening under the ERP, as long as it met regulatory requirements by notifying employees of the job opportunity.

U.S. EMBASSY ANNOUNCED CENTRALIZATION OF NON-IMMIGRANT VISA APPOINTMENTS IN INDIA

The U.S. Embassy and Consulates in India centralized the processing of Non-Immigrant Visa cases to enhance efficiency and to address the increasing demand for U.S. travel from India. The key updates include:

For H-1B and L-1 visas, first-time interview appointments will now be exclusively conducted at the new consulate facility in Nanakramguda, Hyderabad, which is equipped with 54 state-of-the-art counters and has the capacity to process up to 3,500 visas daily.
For B-1/B-2 visas, Dropbox (interview waiver) appointments will be processed exclusively in New Delhi.
The H-1B and L-1 Dropbox appointments will be processed solely in Chennai.

Applicants can submit their documents at any of the five Visa Application Centres (Chennai, Hyderabad, Kolkata, Mumbai, or New Delhi) for free or at one of six Document Dropoff Centres (Ahmedabad, Bangalore, Chandigarh, Cochin, Jalandhar, or Pune.) for a fee of ₹850.

 If a consulate requires an in-person interview after a Dropbox submission, applicants must visit the designated centralized consulate. The processing of Blanket L visas will remain unchanged in Chennai and no updates have been issued regarding the processing of first-time B-1/B-2 or F-1 visas.

USCIS ROLLED OUT NEW FORM I-485: EFFECTIVE FEBRUARY 10, 2025

On December 10, 2024, USCIS unveiled a revised edition of Form I-485, bringing important changes aimed at streamlining the immigration process. Effective February 10, 2025, the new form edition of 10/24/2024 will be required, and older versions will no longer be accepted.

Applicants who need to submit Form I-693 (Medical Examination and Vaccination Record) must now submit it with their Form I-485. Missing this could lead to rejection of your application.
The previously required Form I-864W (Affidavit of Support Exemption) has been eliminated. Applicants can now request exemptions directly on the I-485 form.
The updated form now includes more specific questions about the public charge ground of inadmissibility, helping to clarify eligibility and streamline the review process.

With clearer instructions, USCIS made it easier for applicants to navigate the complexities of the adjustment of status application, ultimately reducing the potential for delays.

DHS PERMANENTLY EXTENDED EAD AUTO-RENEWAL TO 540 DAYS FOR CERTAIN CATEGORIES; STARTING JANUARY 13, 2025

On December 10, 2024, the Department of Homeland Security (DHS) announced a final rule to permanently increase the automatic extension period for certain work permit (I-765 – EAD) renewals from 180 days to 540 days. The rule becomes effective on January 13, 2025, covering timely filed EAD renewal applications pending or filed on or after May 4, 2022.

This policy change not only provides greater stability for eligible noncitizens but also ensures that U.S. employers can retain valuable workers without unnecessary interruptions.

Eligible categories are listed in the following table: 

(a)(3) Refugees
(a)(5) Asylees
(a)(7) N-8/N-9
(a)(8) Citizens of Micronesia/Marshall Islands/Palau
(a)(10) Those with Withholding of Deportation or Removal
(a)(12) Temporary Protected Status (TPS) Granted
(a)(17) Spouse of E Non-immigrant with an unexpired I-94
(a)(18) Spouse of L-1 Non-immigrant with an unexpired I-94 showing L-2S
(c)(8) Pending Asylum cases
(c)(9) Pending Adjustment of Status
(c)(10) Cancellation of Removal/Suspension of Deportation cases
(c)(16) Creation of Record (Adjustment Based on Continuous Residence)
(c)(19) Prima Facie TPS
(c)(20)/(c)(22) Legalization cases – Section 210
(c)(24) LIFE Legalization – Section 245A
(c)(26) Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 status
(c)(31) VAWA Self – Petitioners

STATE DEPARTMENT’S JANUARY 2025 VISA BULLETIN SUMMARY

State Department issued the January 2025 Visa Bulletin and here are the highlights:

Adjustment of Status for Family Sponsored filing as well as Employment Based filing must use the Dates of Filing Chart.
Final action dates for Family sponsored F1 Category for India had advanced from October 22, 2015, to November 22, 2015, and Dates for Filing (September 01, 2017) had not changed.
Final action dates (January 1, 2022) and Dates for Filing (July 15, 2024) for Family sponsored F2A category for India had remained unchanged.
Final Action dates EB-1 category (February 01, 2022), and Dates for Filing (April 15, 2022) had not changed.
Final action dates EB-2 category has advanced from August 1, 2012, to October 1, 2012, and Dates for Filing for India (January 1, 2013) had not changed.
Final action dates EB-3 category has advanced from November 8, 2012, to December 1, 2012, and Dates for Filing (June 8, 2013) had not changed.
Final action dates for Certain Religious Workers are marked as Unauthorized and Dates for Filing for India (February 01, 2021) had not changed.
The DV-2025 annual limit will be reduced to approximately 52,000.

USCIS ANNOUNCED SHORTER LOCKBOX RECEIPT NOTICE PROCESSING TIMES

USCIS had updated its timelines for Lockbox receipt and fee processing to reduce delays. Application processing times got reduced to three business days for cases not needing further review. Cases requiring additional review will now be processed within 15 business days, down from over a month.

Additional review is needed if the Lockbox contractor finds issues like incorrect fees or incomplete applications. USCIS will only process the fee if the submission is accepted; otherwise, the fee and application will be returned.

Applicants should email the USCIS Lockbox support team at lockboxsupport@uscis.dhs.gov if receipt delays go beyond 15 business days.

RESTRICTIONS IN RESCHEDULING OF VISA APPOINTMENTS

Starting January 1, 2025, applicants will be allowed to reschedule their visa appointments only once using the existing visa fee receipt. Any additional rescheduling requires a new appointment and full repayment of the application fees.

Non-immigrant visa applicants will have the flexibility to select their initial appointment and reschedule it once if needed. However, if an applicant misses their appointment or needs to reschedule a second time, they must pay the full application fee again. Applicants are strongly encouraged to select a date they are confident they can attend. These changes aim to ensure fair access to visa appointments and reduce wait times.

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GLF’s 25th Anniversary Event – November 1, 2024

Santhosh Rao — Mon, 11 Nov 2024 07:07:50 +0000

On November 1, 2024, Gokare Law Firm celebrated a remarkable milestone—25 years of dedicated service, growth, and success. Surrounded by our clients, our team, cherished friends, and family, we reflected on our journey and the trust placed in us by those we serve. This event wasn’t just a celebration of our achievements, but also a heartfelt thank-you to everyone who has been part of our story.

From our beginnings to today, Gokare Law Firm has been guided by a commitment to our clients, the relentless pursuit of justice, and the highest standards of service. As we look forward to the years ahead, we remain dedicated to evolving and expanding our impact in the legal field.

GLF’s Team Picture

Lead Attorney Manjunath Gokare’s Speech

Lead Attorney Shilpa Gokare’s Speech

Lead Attorney Shilpa Gokare with Guests

Lead Attorneys Manjunath Gokare and Shilpa Gokare Interacting with Guest

Lead Attorney Manjunath Gokare with Guest

To all who joined us and to those who’ve been part of this journey over the years—thank you for your unwavering support. Here’s to many more years of shared success, growth, and service.

– Manjunath Gokare Shilpa Gokare

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GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR OCTOBER 2024

Santhosh Rao — Tue, 29 Oct 2024 05:12:52 +0000

INTRODUCTION

October 2024 was a very active month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

USCIS Introduced PDF Filing for Eligible EAD Applicants
USCIS Clarified Guidelines on Expedited Requests
USCIS Unveiled New Form I-131: No Grace Period, Effective Immediately
USCIS Clarified Criteria for Extraordinary Ability in EB-1 Petitions
State Department’s November 2024 Visa Bulletin Summary

USCIS INTRODUCED PDF FILING FOR ELIGIBLE EAD APPLICANTS

USCIS introduced a PDF filing option for eligible applicants seeking an Employment Authorization Document (EAD). This allowed certain applicants to upload completed Form I-765 and necessary supporting documents in PDF format through their USCIS online account. Notably, this was the first time fee waiver requests (Form I-912) could be submitted electronically. The PDF filing option was available for Form I-765 applicants in the following categories:

(a)(12): Granted Temporary Protected Status (TPS)
(c)(8): Asylum application pending filed on or after Jan. 4, 1995
(c)(9): Certain family-based and employment-based applicants pending adjustment of status under Section 245 of the Immigration and Nationality Act
(c)(11): Parolee
(c)(19): Pending initial application for TPS where USCIS determined the applicant is eligible for TPS and can receive an EAD as a “temporary treatment benefit”

USCIS planned to expand this feature to include filings by attorneys and accredited representatives, as well as additional form types in the future. Applicants could still choose to file paper applications via mail.

USCIS CLARIFIED GUIDELINES ON EXPEDITED REQUESTS

USCIS clarified its approach to expedite requests for government interests, emergencies, and urgent humanitarian situations, including travel-related requests, effective immediately.

USCIS could expedite cases identified as urgent by federal, state, tribal, territorial, or local governments involving public interest, safety, national interest, or security.

For individuals in the U.S. with pressing travel needs, USCIS could expedite adjudication of Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records for both planned and unplanned events, which could be for professional, academic, or personal commitments.

For planned travel, USCIS assessed whether:

The applicant had timely filed Form I-131, and
The processing times would allow for the issuance of a travel document within the planned date of departure.

Requestors could submit expedite requests via USCIS online tools, enabling evidence upload if they had an online account. USCIS informed requestors of expedite request decisions through the USCIS Contact Center.

USCIS UNVEILED NEW FORM I-131: NO GRACE PERIOD, EFFECTIVE IMMEDIATELY

On October 11, 2024, USCIS released a new edition of Form I-131, introducing significant changes to both the form and the internal intake process.

Following this release, USCIS only accepted the new 06/17/24 edition of Form I-131. Submissions using the previous 04/01/24 edition had to be postmarked before October 11, 2024, to be accepted. Any old edition of Form I-131 postmarked on or after October 11, 2024, was rejected. There was no filing grace period for this transition.

Applicants were advised to ensure they used the correct form to avoid delays.

USCIS CLARIFIED CRITERIA FOR EXTRAORDINARY ABILITY IN EB-1-A PETITIONS

USCIS issued a new policy update on October 2, 2024, to provide clearer guidelines on the EB-1-A eligibility criteria and clarify the type of documents that could be submitted as evidence of a Petitioner’s Extraordinary Ability.

Following were the brief highlights:

Receipt of Team awards would now be considered under the criterion for “lesser nationally or internationally recognized prizes or awards for excellence”
Past memberships in associations related to the individual’s field of expertise would also be accepted under the membership criterion
Removed language that published material must demonstrate the value of a person’s work and contributions to satisfy the criterion

USCIS explained that for the EB-1-A visa, “exhibition” mainly referred to artistic displays. Non-artistic exhibitions would be considered if properly supported by comparable evidence.

This guidance is controlling and supersedes any related previous guidance on the topic.

STATE DEPARTMENT’S NOVEMBER 2024 VISA BULLETIN SUMMARY

The State Department issued the November 2024 Visa Bulletin with the following highlights:

Adjustment of Status for Family Sponsored filing as well as Employment Based filing must use the Dates of Filing Chart.
Final action dates (October 22, 2015) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India had not changed.
Final action dates for Family sponsored F2A category India advanced from November 22, 2021, to January 1, 2022, and Dates for Filing (July 15, 2024) remained unchanged.
Final Action dates EB-1 category (February 01, 2022), and Dates for Filing (April 15, 2022) had not changed.
Final action dates EB-2 category (July 15, 2012), and Dates for Filing for India (January 1, 2013) had not changed.
Final action dates EB-3 category (November 1, 2012), and Dates for Filing (June 8, 2013) had not changed.
Final action dates for Certain Religious Workers (January 1, 2021), and Dates for Filing for India (February 01, 2021) had not changed.
The DV-2025 annual limit will be reduced to approximately 51,350.

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GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR AUGUST AND SEPTEMBER 2024

Santhosh Rao — Thu, 03 Oct 2024 04:29:11 +0000

INTRODUCTION

August and September 2024 were very active months for US Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous US Immigration matters including:

USCIS Started Implementing the “Parole in Place” Program
State Department’s September 2024 Visa Bulletin Summary
State Department’s October 2024 Visa Bulletin Summary
Annual Limit has Reached in the EB-2 Category
USCIS Extended the Green Card Validity Extension to 36 Months for Green Card Renewals

USCIS STARTED IMPLEMENTING THE “PAROLE IN PLACE” PROGRAM

On August 19, 2024, DHS implemented “Keeping Families Together”, allowing certain noncitizen spouses and stepchildren of U.S. citizens to request “Parole in Place” under existing statutory authority. USCIS began accepting requests from eligible individuals on the same date. DHS estimates that 500,000 noncitizen spouses and 50,000 stepchildren of U.S. citizens could be eligible to access “Keeping Families Together”.

Individuals must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. The filing fee is $580, and no fee waiver requests will be accepted.

If granted parole, these noncitizens may apply for adjustment of status to that of a lawful permanent resident without being required to leave the United States and be processed by a U.S. consulate overseas.

In order to be eligible for consideration, noncitizen spouses of U.S. citizens must:

Be present in the United States without admission or parole;
Have been continuously physically present in the United States since at least June 17, 2014;
Have a legally valid marriage to a U.S. citizen on or before June 17, 2024; and
Submit biometrics and have no disqualifying criminal history.

Noncitizen stepchildren:

Have been under the age of 21 and unmarried on June 17, 2024;
Be present in the United States without admission or parole;
Have been continuously physically present in the United States since at least June 17, 2024;
Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before their 18th birthday; and
Submit biometrics and have no disqualifying criminal history.

STATE DEPARTMENT’S SEPTEMBER 2024 VISA BULLETIN SUMMARY

State Department issued the September 2024 Visa Bulletin and here are the highlights:

Adjustment of Status for Family Sponsored filing must use the Dates of Filing Chart and Employment Based filing must use Final Action Dates chart.
Final action dates (October 22, 2015) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India have not changed.
Final actions date (November 15, 2021) and Dates for Filing (June 15, 2024) for Family sponsored F2A category India have not changed.
Final Action dates (February 01, 2022) and Dates for Filing (February 08, 2022) for EB-1 category India have not changed.
Final action dates (July 15, 2012, ) and Dates for Filing (July 22, 2012) for EB-2 category India have not changed
Final action dates (October 22, 2102) and Dates for Filing (November 01, 2012) for EB-3 category India have not changed.
Final action dates (January 01, 2021) and Dates for Filing (February 01, 2021) for Certain Religious Workers India have not changed
The DV-2024 annual limit will be reduced to approximately 54,843.

STATE DEPARTMENT’S OCTOBER 2024 VISA BULLETIN SUMMARY

State Department issued the October 2024 Visa Bulletin and here are the highlights:

Adjustment of Status for Family Sponsored filing as well as Employment Based filing must use the Dates of Filing Chart.
Final action dates (October 22, 2015) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India have not changed.
Final action dates for Family sponsored F2A category India have advanced from November 15, 2021, to November 22, 2021, and Dates for Filing have advanced by a month from June 15, 2024, to July 15, 2024.
Final Action dates EB-1 category (February 01, 2022) have not changed, and Dates for Filing for India have advanced from February 08, 2022, to April 15, 2022.
Final action dates EB-2 category (July 15, 2012) has not changed, and Dates for Filing for India have advanced from July 22, 2012, to January 1, 2013.
Final action dates EB-3 category has advanced from October 22, 2012, to November 1, 2012, and Dates for Filing have also advanced for India from November 01, 2012, to June 8, 2013.
Final action dates for Certain Religious Workers are marked as Unauthorized and Dates for Filing for India (February 01, 2021) have not changed.
The EB-4 Non-Minister Religious Worker program will become unavailable on September 30, 2024, unless it is reauthorized by legislation.
The DV-2025 annual limit will be reduced to approximately 51,350.

ANNUAL LIMIT HAS REACHED IN THE EB-2 CATEGORY

The U.S. Department of State on Monday announced that all EB-2 visas for fiscal year 2024 have been issued. The Immigration and Nationality Act (INA) restricts the number of employment-based preference immigrant visas issued each fiscal year. Under INA 203(b)(2), the annual limit for EB-2 visas is set at 28.6 percent of the worldwide employment limit. As a result, no more EB-2 visas will be issued until the new fiscal year on October 1, 2024.

USCIS EXTENDED THE GREEN CARD VALIDITY EXTENSION TO 36 MONTHS FOR GREEN CARD RENEWALS

USCIS announced that effective September 10, 2024, it would be automatically extending the permanent resident card for 36 months for Lawful Permanent residents who file for an application to Replace Permanent Resident Card (Form I-90). Prior to this announcement, the validity period was a 24-month extension of validity. The extension period is calculated from the date of expiration noted on the green card. Form I-90 receipt notices are updated with the new language for qualifying individuals. On Sept. 10, USCIS began printing amended receipt notices for individuals with a pending Form I-90. The receipt notice can be used alongside the expired Green Card as proof of continued legal status.

If an individual no longer has a Green Card or additional proof of lawful permanent resident status is needed while awaiting receipt of a replacement Green Card, individuals can request an appointment at USCIS field office. For qualifying individuals, an Alien Documents, Identification, and Telecommunications (ADIT) stamp may be issued following the filing of Form I-90. For mailing address changes while awaiting a pending application, the individual’s USCIS online account should be updated.

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GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR MAY AND JUNE 2024

Santhosh Rao — Tue, 02 Jul 2024 07:31:33 +0000

INTRODUCTION

May and June 2024 were very active months for US Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous US Immigration matters including:

Texas Service Center Reopens after Severe Weather Closure
Presidential Proclamation for Securing US-Mexico Land Border
President Biden Announces Executive Action to Promote Family Unity
State Department’s July 2024 Visa Bulletin Summary
DOL Consolidates Resources: Flag – Your One-Stop Hub
State Department’s June 2024 Visa Bulletin Summary
USCIS has Released FY 2025 H-1b Registration Data

TEXAS SERVICE CENTER REOPENS AFTER SEVERE WEATHER CLOSURE

On May 28, 2024, the Texas Service Center temporarily suspended intake of petitions, applications, and other benefit requests due to severe weather. Operations resumed on June 3, 2024, and normal intake process was restarted.

In most cases, courier services reattempted delivery of documents. No action was required from petitioners or applicants. If your petition or application was returned, refile it as soon as possible. Petitioners or applicants affected by the disruption may request filing flexibilities, which USCIS will consider case-by-case.

According to 8 CFR 106.4(e)(22), the premium processing clock does not run on any business day when a federal office is closed due to weather-related events. This affects cases received but not yet transferred to an adjudicating office and cases undelivered due to the closure.

If your petition or application is returned, refile it promptly. If affected by the disruption, request filing flexibilities from USCIS. For premium processing cases, be aware that the processing clock was paused during the closure period.

PRESIDENTIAL PROCLAMATION FOR SECURING US-MEXICO LAND BORDER

President Biden issued a Presidential Proclamation on June 4, 2024, to address the historic levels of illegal migration on the “southwest land border” between US and Mexico. The Proclamation took effect 12:01 am Eastern Daylight Time on June 5. The Proclamation is intended to restore order to the Asylum process that has broken down due to unprecedented levels of illegal crossings. The “Lawful Pathways” Rule had established a lawful manner through the CBP One Mobile App for noncitizens to schedule a time at a Port of Entry. However, December 2023 saw the highest levels of illegal crossing and people are not using the CBP One App.

To address this crisis, in the absence of congressional action, this Proclamation took effect at 12:01 am Eastern on the calendar day immediately after the Secretary made a factual determination that there has been a 7-consecutive-calendar-day average of 2,500 encounters or more. The proclamation shall be discontinued at 12:01 am Eastern 14 days after the Secretary has made a factual determination that there has been a 7-consecutive-calendar-day average of less than 1,500 encounters.

However, the above restrictions will not apply to unaccompanied children from non-contiguous countries, victims of human trafficking, migrants who use legal pathways to enter US including via CBP One process, or those facing serious medical emergencies or threats to their lives.

PRESIDENT BIDEN ANNOUNCES EXECUTIVE ACTION TO PROMOTE FAMILY UNITY

On June 18, 2024, President Biden announced an Executive Action allowing certain undocumented immigrant spouse and children of US citizens to apply for permanent residency without leaving US. This action will protect approximately 500,000 noncitizen spouses, and 50,000 noncitizen minors and stepchildren. Current law does not allow undocumented spouses of US Citizens to adjust status in US; they must consular process in their home country, which creates the uncertainty whether they will even be allowed to return to US. This key change of allowing people to apply for permanent residence in US, keeps families intact, a goal of this Executive Action.

To be eligible, the non-citizen spouse must meet the following criteria, as of June 17, 2024:

Be present in the US without admission or parole;
Have resided in the US for at least 10 years;
Be legally married to a US citizen; and
Not pose a threat to public safety or national security.

Those who meet above criteria can apply for approval from the DHS, which will be scrutinized on a case-by-case basis. Those approved will be afforded three years to apply for permanent residency and be eligible for work permit for up to three years. The application process is expected to open by the end of summer.

Additionally, the Administration is taking action to quicken the work-visa process for DACA recipients and other Dreamers who have earned a degree at a US college and have a high-skilled job offer.

STATE DEPARTMENT’S JULY 2024 VISA BULLETIN SUMMARY

State Department issued the July 2024 Visa Bulletin and here are the highlights:

Adjustment of Status for Family Sponsored filing must use the Dates of Filing Chart and Employment Based filing must use Final Action Dates chart.
Final action dates for Family sponsored F1 Category have advanced from July 08, 2015, to October 22, 2015
Final actions date F2A category for India (November 15, 2021) have not changed.
Filing dates chart for family sponsored F1 Category (September 01, 2017) have not changed and F-2A category have advanced from September 01, 2023, to November 01, 2023.
Final Action dates for EB-1 category India have advanced from March 01, 2021, to February 01, 2022, and the Dates for Filing have advanced from April 01, 2021, to February 08, 2022.
Final action dates EB-2 category India have advanced from April 15, 2012, to June 15, 2012, and the Dates for filing have advanced from May 15, 2012, to June 22, 2012.
Final action dates EB-3 category India have advanced from August 22, 2012, to September 22, 2012, and Dates for filing have advanced from September 15, 2012, to October 01, 2012.
Final action dates for Certain Religious Workers India have advanced from November 01, 2020, to January 01, 2021, and Dates for filing have advanced from December 01, 2020, to February 01, 2021.
The DV-2024 annual limit will be reduced to approximately 54,850.

DOL CONSOLIDATES RESOURCES: FLAG – YOUR ONE-STOP HUB

Effective July 1, 2024, the Department of Labor (DOL) will discontinue FLCDataCenter.com, previously used for obtaining prevailing wage determinations for LCA filing and permanent labor certifications. However, prevailing wage data from the Occupational Employment and Wage Statistics Survey will still be available. You can access this information through the OFLC Wage Search tool on the FLAG website, where DOL is consolidating resources such as PERMs, PWD Wage Determinations, LCAs, and Prevailing Wage Data, making it your comprehensive source for labor-related information.

OFLC Wage Data Search tool can be accessed here: https://flag.dol.gov/wage-data/wage-search

STATE DEPARTMENT’S JUNE 2024 VISA BULLETIN SUMMARY

State Department issued the June 2024 Visa Bulletin and here are the highlights:

Adjustment of Status for Family Sponsored filing was required to use the Dates of Filing Chart and Employment Based filing must use Final Action Dates chart.
Final action dates for Family sponsored F1 Category (July 08, 2015) had not changed.
Final actions date F2A category for India had advanced from June 1, 2021, to November 15, 2021.
Filing dates chart for family sponsored F1 Category (September 01, 2017) and F-2A category (September 01, 2023) for India had not changed.
Final Action dates EB-1 category (March 01, 2021), and the Dates for Filing (April 01, 2021) for India had not changed.
Final action dates EB-2 category (April 15, 2012), and the Dates for filing (May 15, 2012) for India had not changed.
Final action dates EB-3 category had advanced from August 15, 2012, to August 22, 2012 and Dates for filing (September 15, 2012) for India had not changed.
Final action dates (November 01, 2020) and Dates for filing (December 01, 2020) for Certain Religious workers India had not changed.
The DV-2024 annual limit was reduced to approximately 54,850.

USCIS HAS RELEASED FY 2025 H-1B REGISTRATION DATA

USCIS released data from the just concluded FY 2025 H-1B Registration period. USCIS has selected 120,603 registrations for 114,017 Beneficiaries. So, there were duplicate registrations, but the number of duplicates were far less; indicating that the duplicates are likely valid and not coordinated. USCIS received 1.06 registrations per Beneficiary this year, whereas last year it was 1.7 (or nearly 2 registrations for every Beneficiary). The total number of eligible registrations was 470,342 this year, far less than the 758,994 last year. So, this data tells us that Beneficiary-Centric Registration is working and duplicate registrations are down significantly.

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At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate fact from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters. We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all of our earlier GLF Newsletters on our website

The post GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR MAY AND JUNE 2024 appeared first on GokareLPO.

GLF MONTHLY NEWSLETTER – US IMMIGRATION UPDATES FOR APRIL 2024

Santhosh Rao — Tue, 30 Apr 2024 10:53:48 +0000

INTRODUCTION

April 2024 was a very active month for US Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous US Immigration matters including:

USCIS Announced New Guidance on Form I-693 Validity Period
No EAD/AP Renewal Fees For I-485 Filed Before April 1, 2024,
State Department’s May 2024 Visa Bulletin Summary
Automatic Extension of EAD from 180 to 540 Days
USCIS posted an announcement on H-1B filing location changes and updates for the FY2025 H-1B cap season.
Removal Of Preparer Certification Section from New Version of Form I-140

We at GLF post regular updates on our Google Business Page, LinkedIn, Twitter and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of all updates posted on GLF’s various social media handles for April 2024.

USCIS ANNOUNCED NEW GUIDANCE ON FORM I-693 VALIDITY PERIOD

USCIS announced that effective November 1, 2023, any properly completed Form I-693, signed by a civil surgeon, would not expire and could be indefinitely used as evidence of a non-inadmissible health status. USCIS, in consultation with the CDC, had determined that the evidentiary value of Form I-693 should no longer be restricted by a specific timeframe if completed after November 1, 2023. USCIS officers could request updated evidence if they suspected a change in the applicant’s medical condition or if the submitted Form I-693 was inaccurate.

For medical examinations completed before November 1, 2023, the prior policy remained in effect. Forms I-693 completed before this date retained evidentiary value for two years from the date of the civil surgeon’s signature, except for Operation Allies Welcome parolees, whose forms retained value for three years.

NO EAD/AP RENEWAL FEES FOR I-485 FILED BEFORE APRIL 1, 2024

USCIS clarified that if you had already paid for Form I-485 filed on or after July 30, 2007, and before April 1, 2024, then you could continue to renew your Employment Authorization Document (EAD)/Advance Parole (AP) without a filing fee, while your I-485 remained pending.

For EADs filed concurrently with I-485 on or after April 1, 2024, the renewal fee for EAD will be $260. This half-price for EADs applied only when there was a pending I-485 or concurrently filed after April 1, 2024.

However, there was no reduced fee for the renewal of AP, and as such, you had to pay $630 even when your I-485 was pending, which was filed after April 1, 2024.

STATE DEPARTMENT’S MAY 2024 VISA BULLETIN SUMMARY

The State Department issued the May 2024 Visa Bulletin, and here are the highlights:

Adjustment of Status for Family Sponsored filings had to use the Dates of Filing Chart, and Employment-Based filings had to use the Final Action Dates chart.
Final action dates for the Family Sponsored F1 Category advanced from February 08, 2015, to July 08, 2015.
Final action dates for the F2A category for India advanced from September 08, 2020, to June 21, 2021.
Filing dates chart for Family Sponsored F1 Category (September 01, 2017), and F-2A category (September 01, 2023) for India remained unchanged.
Final Action dates for the EB-1 category (March 01, 2021), and the Dates for Filing (April 01, 2021) for India remained unchanged.
Final action dates for the EB-2 category (April 15, 2012), and the Dates for filing (May 15, 2012) for India remained unchanged.
Final action dates for the EB-3 category (August 15, 2012), and Dates for filing (September 15, 2012) for India remained unchanged.
Final action dates for Certain Religious workers for India changed from unauthorized to November 01, 2020, and Dates for filing (December 01, 2020) remained unchanged.
The DV-2024 annual limit will be reduced to approximately 54,850.

AUTOMATIC EXTENSION OF EAD FROM 180 TO 540 DAYS

On April 8, 2024, USCIS published a Temporary Final Rule (TFR) that increased the automatic extension period for eligible employment authorization document (EAD) applications from 180 days to 540 days beyond the current EAD expiration date. It is applicable to pending EAD extension applications filed on or after Oct. 27, 2023, and to EAD extension applications filed between April 8, 2024, and Sept. 30, 2025. The TFR remains effective until Sept. 20, 2027.

Extension of EAD applies in most circumstances (for I-485 applicants, E, L, and H dependent spouses, asylum seekers, and refugees)

To be eligible for the Auto Extension, the applicant must:

1) File the renewal of their EAD before the expiration of the current EAD.
2) Apply for the same category code as their expiring/expired EAD.

However, for H4, E-3S, and L2S dependent spouses, the EAD extension did not exceed the period of stay listed on the most recent approved I-94.

Extension of EAD was issued to applicants whose Temporary Protected Status (TPS) was either granted (A12) or pending (C19).

To be eligible for the Auto Extension, the applicant must:

File the renewal of their EAD prior to the conclusion of the current TPS re-registration period.
Both the EAD and the Form I-797C had to list either category code as A12 or C19 and were interchangeable.

Completing Form I-9 using an Auto-extended EAD

For existing employees, the employer must update the previously completed I-9 to reflect the new extension dates while the renewal application is pending. For new hires or rehires, the automatic extension is noted on the I-9 form by the employer and the employee with the extended date and receipt number from the form I-797C.

USCIS POSTED ANNOUNCEMENT ON H-1B FILING LOCATION CHANGE AND FY2025 H-1B CAP SEASON UPDATES

The initial registration period for the Fiscal Year (FY) 2025 H-1B cap season concluded at noon Eastern on March 25, 2024. USCIS conducted a random selection process to determine which beneficiaries could file an H-1B cap-subject petition.

Effective April 1, 2024, USCIS changed the filing location for H-1B and H-1B1 (HSC) Form I-129 petitions. Instead of filing at USCIS service centers, all paper-based petitions must be submitted to USCIS lockbox locations. This included cap, non-cap, and cap-exempt filings. Petitions received at USCIS service centers on or after April 1, 2024, were rejected without a grace period provided.

USCIS published a final rule adjusting fees for most immigration applications and petitions, effective April 1, 2024. Petitions postmarked on or after this date had to include the new fees, and there was a new edition of Form I-129, Petition for a Non-immigrant Worker (04/01/24 edition).

On March 25, 2024, USCIS introduced online filing for H-1B cap petitions and related Form I-907 for petitioners with selected registrants starting April 01, 2024.

Effective March 25, prepaid mailers were no longer used for any communication or final notices related to H-1B or H-1B1 (HSC) petitions. USCIS automated the process of printing and mailing petition approval notices via first-class mail, and MyUSCIS account holders received email or text notifications for case status changes, followed by paper notices.

REMOVAL OF PREPARER CERTIFICATION SECTION FROM NEW VERSION OF FORM I-140

On March 1, 2024, USCIS released an updated version of Form I-140, the Immigrant Petition for Alien Worker, effective from April 1, 2024. The new version of Form I-140 no longer includes the Preparer Certification found in Section 10 of the existing version, this change was made to simplify the signature sections of Form I-140 and other related forms, thereby reducing their length and burden. However, attorneys are still advised to submit Form G-28 along with Form I-140 to indicate their representation.

SIGN UP FOR GLF NEWSLETTER

At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate fact from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters. We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all of our earlier GLF Newsletters on our website

The post GLF MONTHLY NEWSLETTER – US IMMIGRATION UPDATES FOR APRIL 2024 appeared first on GokareLPO.