The H-1B Lottery FY2025 results are in, and here are some key takeaways:

         🔹 Annual Limit: The H-1B Lottery maintains its annual cap of 85,000 visas, with 20,000 reserved for advanced degree holders from U.S. universities.
        🔹 Beneficiary-Centered Process: This year, a significant shift to a "beneficiary-centered" registration process occurred, which aimed to ensure fairness and eliminate multiple registrations for the same beneficiary.
      🔹 Higher Selection Rates in First Round: With the issue of multiple registrations addressed, it was anticipated that the percentage of registrations selected in the first round would be higher than in previous years.
     🔹Increase in Selection Rate:  At our firm, our selection rate doubled from last year.  This year our colleagues have reported from between 20-30% selection rate.  Although 20-30% is still far from ideal, we were happy to see an improvement in this year's selection rate.

What was the H-1B selection rate like at your law firm? Share your insights and experiences with us in the comments below!

 As of April 4, 2024, USCIS has introduced a temporary final rule extending the automatic extension period for EADs for specific renewal applicants.
 
To qualify for this 540-day automatic extension, applicants must:
         ✔️ Submit a Form I-765 for EAD renewal before the current one expires; and
         ✔️ Belong to eligible categories, including refugees, asylees, TPS recipients, those with pending                                 Adjustment of Status, and spouses of L-1 visa holders with an unexpired I-94 Card, among others.
 
❗If you filed your EAD renewal on or after October 27, 2023 and your application is still pending – the 540-day extension will apply, even though your I-797C Receipt Notice refers to a 180-day automatic extension (prior rule).
 
❗ Applicants can present their expired EAD Card along with their Form I-797C Receipt Notice as proof of their extended EAD.
 
❌ Attention! F-1 Students who have a pending STEM OPT extension application are NOT eligible for the 540-day automatic extension.

 
As we gear up for the fiscal year (FY) 2025, it's time to prepare for the H-1B Cap Lottery Season! If you or your organization are considering sponsoring individuals for H-1B status, here's what you need to know:
 
Who is Eligible for the FY 2025 H-1B Cap?

1. Students and Recent Hires under F-1 Status working under Optional Practical Training (OPT) or STEM OPT;
2. Certain L-1 Intracompany Transferees who won't qualify for a Green Card as a multinational executive or manager;
3. TN Status Holders Pursuing Green Cards;
4. Prospective foreign national employees who qualify for H-1B status; and
5. Other Potential H-1B Candidates include E-3 and H-1B1 visa holders, as well as spouses in H-4, L-2, or E-2 status.

 
Why Plan Early?
 
The H-1B Cap lottery is a highly competitive process with a limited number of slots available each fiscal year. Planning ahead allows you to strategize effectively, gather necessary documentation, and ensure a smooth application process for you or your employees.
 
How We Can Help:
 
At the Law Office of Julia L. Stommes we specialize in immigration law and H-1B Cap lottery filings. Our team can guide you through the process and maximize your chances of success.
 

 The Brazilian Government decided to postpone its visa requirements for citizens of the U.S., Canada, and Australia until April 10, 2024.  Tourist visa requirements were set to start on January 10, 2024.

Citizens of the U.S., Canada, and Australia, can enter the country visa-free for the next 3 months.  However, starting April 10, 2024, they must obtain an Electronic Visa (eVisa) when traveling to Brazil for tourism, business, or transiting through Brazilian airports.

❗ USCIS has announced that will increase the filing fee for Premium Processing Service (Form I-907) starting on February 26, 2024.

The filing fee to request premium processing for many forms (such as I-140, H-1B, L-1A/L-1B, etc.) will increase from $2,500 to $2,805.
​
USCIS Announces Inflation Adjustment to Premium Processing Fees | USCIS 

​The State Department will launch a much-awaited pilot program in early 2024 to allow 20,000 H-1B visa holders to renew their visas in the United States. 

The pilot program will not cover H-4 dependents, who will still be required to travel to renew their visas. 

Additional information about the pilot program will be released by the State Department within the next weeks.

Congress approved a stopgap measure on Tuesday, November 14, 2023, which will fund certain federal agencies through January 19, 2024, and others—including immigration operations—through February 2, 2024.  The Senate passed the short-term spending package on November 15, 2023, which now must be signed by President Joe Biden, preventing a government shutdown at midnight on November 17, 2023.

The funding for the U.S. Departments of Labor, Homeland Security, and State will last until February 2, 2024, therefore immigration operations remain uninterrupted through that date.  Operations would be affected if lawmakers cannot negotiate and pass full-year spending bills or additional stopgap measures by February 2, 2024.

On October 30, 2023, the White House issued an extensive Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The goal, according to the Administration, is to govern the development and use of AI to leverage its benefits while mitigating its substantial risks.

The order requests that federal agencies promote initiatives, including several immigration-related measures pertaining to the attraction and detention of foreign talent in the AI field.  To comply with the order, the Department of State (DOS) and the Secretary of Homeland Security (DHS) shall take appropriate steps to:

• Streamline the processing times of visa petitions and applications for those who seek to travel to the U.S. to work on, study, or conduct research in AI or other critical and emerging technologies; and
• Facilitate continued availability of visa appointments in sufficient volume for applicants with expertise in AI or other emerging technologies;

DOS and DHS must also consider:

• Establishing new criteria relating to the 2-year foreign residence requirement for certain J-1 exchange visitors;
• Reviewing policy changes to clarify and modernize immigration pathways for experts in AI and other critical and emerging technologies, including EB-1, EB-2, and O-1 categories;
• Extending the upcoming domestic visa renewal program to F-1 students and J-1 exchange visitors, so they can continue to work in the U.S. without unnecessary interruption.

​We all hope that this Executive Order will result in some positive policy changes and adjudication practices! We shall see…

Recently we posted that Israelis can now apply for an ESTA to come to the U.S. without needing a visa under the Visa Waiver Program (VWP), but Israel is NOT the only country part of the VWP!

The Visa Waiver Program (VWP) permits citizens or nationals of certain countries to travel to the U.S. for business or pleasure for stays up to 90 days, without obtaining a visa.  Travelers must apply online for an Electronic System for Travel Authorization, known as ESTA, at least 72 hours prior to travel.

What countries are included in the VWP?  A total of 41 countries are included in the program, including Australia, Chile, Czech Republic, Germany, Italy, Japan, Portugal, the United Kingdom, and Spain.  (List of all Visa Waiver countries here https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html ).  If you are a citizen or national of one of these countries, you most likely do not need a visa to come to the U.S. for business or pleasure and stay for up to 90 days!

What will you need to apply for an ESTA?

• Go to https://esta.cbp.dhs.gov/esta
• Have a valid passport from a VWP country;
• Have a valid email;
• Inform your home address, phone number, and an emergency point of contact;
• Pay an USD 21.00 fee for the application;
• You may also need to fill out additional information such as your employer's address and phone number, and a U.S. point of contact.

For how long will my ESTA be valid?  In general, ESTA is valid for 2 years, but you will need to update your ESTA before expires if you (1) receive a new passport; (2) change your name; (3) change your gender; (4) change your country of citizenship; or (5) need to change your responses on the ESTA application.