Introduction
The United States has announced significant updates to its immigration regulations, impacting various visa categories and processes. These changes will affect employment-based immigration and the adjustment of status procedures.
Impact:
High
What has changed?
The U.S. Citizenship and Immigration Services (USCIS) and other agencies under the Department of Homeland Security (DHS) have outlined their regulatory priorities and timelines for the coming months. Key updates include delays in the H-1B program modernisation, adjustments in status process improvements, and expanded biometric data collection.
Who is affected?
These changes will affect H-1B and L-1 visa applicants, F-1 students transitioning to H-1B status, employers filing H-2A/B petitions, EAD renewal applicants, and noncitizens subject to biometrics collection.
What to expect /impact?
1. H-1B Program Modernisation: The final rule, expected to be released in December 2024, will revise H-1B program terms and enhance F-1 cap-gap protections.
2. Adjustment of Status Process: Changes are set for August 2024, addressing the employment authorisation process.
3. Expansion of Border Security Fees: Increased fees for H-1B and L-1 petitions are scheduled for April 2025.
4. Biometric Data Collection: Broadened authority for collecting biometrics on entry and departure, effective from December 2024.
What you need to do?
1. Monitor Updates: Stay informed about the publication of final and proposed rules.
2. Review Compliance Measures: Ensure your immigration processes comply with the new regulations.
3. Prepare for Fee Increases: Budget for increased H-1B/L-1 fees starting April 2025, which may affect any future relocations. Employers may wish to explore clawback arrangements with contract specialists to claim moneys back if an employee leaves prematurely.
For further information on these updates, please contact the Sterling Lexicon immigration team at immigration@sterlinglexicon.com