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Immigration News Briefs

Provided by Humera Subhani

June 2024

Will there be another draw for the H1B lottery this year like there was last year and will USCIS allow new applications?

USCIS received enough registrations during the initial registration period in March and applicants have until June 30th to submit the H1B petitions. Last year, there was a second selection process in July as enough H1B petitions were not submitted by that deadline.

Under the new H1B lottery system implemented this fiscal year, an applicant was only able to receive a single entry in the lottery, even if more than one employer submitted a registration on that individual’s behalf. This resulted in submissions for 470,342 registrations—a 38.6 percent decrease from last year’s total. But the total number of unique individuals who submitted registrations remained almost the same, with about 442,000 candidates this year, compared to 446,000 last year. Therefore, if you compare both years with almost the same number of registrations, there is a good chance that there will again be a second selection, and most likely around the same time. Last year, USCIS announced the second selection on July 27. Please note that this does not mean that new applicants can apply. The second selection process is for those already entered into the lottery registration process in March of this year.

I have finally received my U legal status. Can I travel and when can I apply for my permanent residence?

The answer to travel permission depends on the applicant’s status at the time that the U application (I-918) was filed. If someone maintained status the entire time they were in the U.S. or entered the U.S. on U visa status, they can travel but must take care to maintain the “continuous U status” in the U.S., or risk a delay in filing for permanent residence. To qualify for permanent residence, you must demonstrate that you have physically resided in the U.S. on U visa status for three consecutive years. Lengthy absences from the U.S., especially ones that exceed 90 days or a total of 180 days, may affect your eligibility for adjustment of status. If you have not maintained status, you should consult with a lawyer before traveling, as some inadmissibility issues may come up which were not addressed in your initial application.

I am marrying a U.S. citizen and I have heard that USCIS is waiving interviews for these cases. Is that true and how can I be eligible for that waiver?

USCIS has traditionally always required interviews for marriage-based cases, as opposed to employment-based cases, which frequently are approved without interviews. We noticed this trend for the first time last year and have seen it much more this year. Although it is not official USCIS policy, we hope to see it continue so the backlog can be cleared. There is no way to guarantee that your interview will be waived, but we have seen a growing number of interviews waived if you are able to provide more joint documentation proving the validity of your marriage. For example, tax returns, joint bank statements, photos, proof of trips, joint insurances, rental contracts, etc. all help an officer determine if an interview is required. In many cases, USCIS will send a Request for Evidence for more documents and, if provided, will then waive the interview. This is on a case-by-case discretionary basis.

APPLICATION FINAL ACTION DATES FOR JUNE 2024

FAMILY	India	Pakistan/Bangladesh
1st	08Jul15	08Jul15
2A	01Jun21	01Jun21
2B	01Apr16	01Apr16
3rd	01Mar10	01Mar10
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 - JUNE 2024

FAMILY	India	Pakistan/Bangladesh
1st	01Sep17	01Sep17
2A	01Sep23	01Sep23
2B	01Jan17	01Jan17
3rd	01Sep10	01Sep10
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