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Immigration News Briefs

Provided by Humera Subhani

May 2024

H-1B initial selection process completed

USCIS received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). All applicants have been notified.

Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):

Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
Selected: Selected to file an H-1B cap petition.
Not Selected: Not eligible to file an H-1B cap petition based on this registration.
Denied – duplicate registration: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
Invalidated – failed payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
Deleted: The submitted registration has been deleted and is no longer eligible for selection.
Processing submission: USCIS is processing your submission. It may take up to 72 hours for all of your case information to show on the case details page. While it is processing, you will be unable to access your draft.

New fees and form edition

On Jan. 31, 2024, USCIS published a final rule that adjusts the fees required for most immigration applications and petitions. The new fees are effective April 1, 2024. Petitions postmarked on or after April 1, 2024, must include the new fees. Additionally, there will be a new 04/01/24 edition of Form I-129, Petition for a Nonimmigrant Worker. There will be no grace period for filing the new version of Form I-129 because it must include the new fee calculation.

New guidance on medical exam validity

USCIS announced on April 4 that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after November 1, 2023, does not expire and can be used indefinitely as evidence to show that the applicant is not inadmissible on health-related grounds.

In consultation with the CDC, USCIS has determined that a Form I-693’s evidentiary value should no longer be limited to a certain period if it is properly completed and was signed by a civil surgeon on or after Nov. 1, 2023. USCIS officers have discretion to request more evidence or a new or updated Form I-693 if they have reason to believe the applicant’s medical condition has changed since the civil surgeon signed the Form I-693, or that the Form I-693 submitted does not accurately reflect the applicant’s medical condition and the applicant may be inadmissible on health-related grounds. If an applicant’s examinations were completed before Nov. 1, 2023, the prior policy still applies.

APPLICATION FINAL ACTION DATES FOR MAY 2024

FAMILY	India	Pakistan/Bangladesh
1st	08Jul15	08Jul15
2A	01Jun21	01Jun21
2B	01Apr16	01Apr16
3rd	01Jan10	01Jan10
4th	15Jan06	22Jul07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Mar21	Current
2nd	15Apr12	15Jan23
3rd	15Aug12	22Nov22
Other	15Aug12	08Oct20
4th	01Nov20	01Nov20
5th	01Dec20	Current1B

DATES FOR FILING VISA APPLICATIONS - MAY2024

FAMILY	India	Pakistan/Bangladesh
1st	01Sep17	01Sep17
2A	01Sep23	01Sep23
2B	01Jan17	01Jan17
3rd	01Jun10	01Jun10
4th	15Jun06	01Mar08

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Apr21	Current
2nd	15May12	15Feb23
3rd	15Sep12	01Feb23
Other	15Sep12	15Dec20
4th	01Dec20	01Dec20
5th	01Apr22	Current1B