For U.S. employers, staying informed of business immigration updates is critical to ensure compliance with evolving immigration regulations and policy, assess potential risks, attract and retain talent, plan strategically, save costs, and maintain a competitive advantage in today’s global marketplace as a diverse and inclusive employer. Here are some recent key updates and trends to be aware of:

• Domestic Renewal of H-1B Nonimmigrant Visas for Certain Applicants
  Effective January 29, 2024, the Department of State (“DOS”) launched a domestic H-1B visa renewal pilot program (the “Pilot Program”) which allows a specific group of H-1B workers to renew H-1B visas within the U.S. The initial phase of the Pilot Program is limited to certain H-1B workers with visas issued in India and Canada. The pilot program is currently accepting applications between January 29, 2024, to April 1, 2024. The DOS will issue a maximum of 20,000 H-1B visas under the Pilot Program. It will release 4,000 slots each week, split equally between eligible H-1B visas issued in India and Canada.  

  The benefits of this program for U.S. employers include:

  • Simplified Process and Increased Certainty: The Pilot Program brings with it a streamlined and more predictable process. Employers can now renew their employees' H-1B visas without them leaving the country, reducing complications and uncertainties often associated with international travel and consular processing.
  • Cost and Time Efficiency: The Pilot Program eliminates the need for international travel for visa stamping, bringing significant cost and time savings. This means fewer interruptions in employees’ work schedules, leading to increased productivity and operational efficiency.
  • Employee Retention: With the Pilot Program, employees can continue working while their H-1B renewal is being processed. This not only aids in retaining valuable employees but also fosters a more stable and reassuring work environment.
  • Reduced Legal Risks: The Pilot Program decreases the risk of legal issues associated with visa denials at foreign consulates. By handling renewals stateside, it minimizes potential legal complications and ensures more consistent outcomes.

For further information about the Pilot Program, please visit the DOS website.

• Update on U.S. Visa Processing Worldwide
  On November 28, 2023, the DOS shared a press release discussing the agency’s visa operations achievements during FY 2023. The release demonstrates the record-breaking numbers achieved by the DOS during this past fiscal year and an optimistic outlook for continued success. The DOS issued more than 10 million nonimmigrant visas, including 8 million business and tourist visitor visas, a six-year high of 600,000 student visas, a record-breaking 442,000 visas for temporary/seasonal workers, 365,000 airline and shipping crew members crucial to the U.S. supply chain, and 590,000 high-skilled and executive workers. This is an excellent improvement and certainly a positive trend for U.S. employers seeking to recruit and retain foreign national employees in 2024 and beyond.
• H-1B Visa Process Fiscal Year 2025
  The H-1B program allows U.S. employers to temporarily employ foreign nationals in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. The employee must be paid the prevailing wage for the occupation in the particular geographic area, which is determined by the Department of Labor. At the beginning of each fiscal year, 65,000 new H-1B visas are issued, with an additional 20,000 for U.S. master’s degree program graduates. Note: certain institutions of higher education, nonprofit research organizations, and government research organization are not subject to this annual cap. The United States Citizenship and Immigration Service (“USCIS”) utilizes a lottery registration process to select H-1B visas, as there is more demand than there are visa numbers available. The USCIS announced the H-1B Registration Period for Fiscal Year 2025 will run from noon EST on March 6, 2024, through noon EST on March 22, 2024. Once the registration period closes, the USCIS randomly selects registrations filed during the registration window to meet the H-1B visa cap for the next fiscal year. Employers are only permitted to submit one registration per prospective employee in any fiscal year. On April 1, 2024, USCIS will begin accepting online filing for H-1B cap petitions for those whose registrations have been selected.
• Significant Increase to USCIS Filing Fees effective April 1, 2024

On January 31, 2024, USCIS published a final rule to adjust filing fees for most immigration petitions and applications. This is the first major USCIS filing fee increase since 2016. The increased filing fees take effect April 1, 2024. With the final rule, USCIS states it will recover its operating costs more fully and support timely processing of new applications. Unlike many other federal agencies, USCIS is almost entirely fee-funded. Approximately 96 % of the agency’s funding is from filing fees, and only about 4% is from congressional appropriations.

The final rule also establishes a new fee, the Asylum Program Fee, which will apply to most employment-based petitions. USCIS established the Asylum Program Fee to help fund asylum adjudications. The increase in asylum adjudications in the past few years has resulted in USCIS detailing adjudicators that adjudicate employment-based cases, to work asylum cases. This fee will be assessed based on the size and type of petitioning employer.

Now is the time to conduct a comprehensive review of your immigration plan and budget to understand the impact of the fee increases on your overall expenses. Work with your immigration attorney to identify the petitions and applications that will be affected by the higher filing fees and assess the financial implications for each visa category.

Below is an excerpt from the USCIS New Fee Schedule Table for the most commonly filed employment-based petitions, including the Asylum Program Fee and a comparison of the Current Filing Fee. 

* Employers may be subject to additional fees, such as the ACWIA fee, Fraud Prevention and Detection fee, or Public Law 114-113 fee. For more information visit the USCIS website.