Immigration law is at the forefront of public dialogue these days. Womble Bond Dickinson’s Immigration Solutions team helps employers navigate high-stakes, constantly shifting immigration challenges to avoid potential problems and secure the talent they need to make their companies thrive. The following newsletter, drafted by Womble Bond Dickinson Immigration Solutions attorneys, covers some of the recent and most important developments in immigration law.

01/31/2024    U.S. Department of Homeland Security (“DHS”) published a final rule adjusting the U.S. Citizenship and Immigration Services (“USCIS”) fee schedule that will be effective 4/1/24. Any benefit request postmarked on or after 4/1/24 must be accompanied with the fees established by this final rule.  

01/30/2024    USCIS announced it is amending the H-1B regulations to implement a “beneficiary-centric” selection process along with additional integrity measures for registrations in the annual H-1B lottery. The intent behind this change is to reduce the potential for gaming the registration system by ensuring each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf.  The notice also states the initial registration period for the Fiscal Year (“FY”) 2025 H-1B cap will open at noon Eastern on 3/6/24, and run through noon Eastern on 3/22/24.

01/29/2024    DHS issued notice of the extension of the Temporary Protected Status (“TPS”) designation of Syria for 18 months, beginning 4/1/24 and ending 9/30/25, as well as the redesignation of Syria for TPS.

01/18/2024    U.S. Department of State (“DOS”) released guidance and FAQs on its pilot program to resume domestic visa renewals for qualified H-1B nonimmigrant visa applicants who meet certain requirements. This program would permit an H-1B worker to renew their visa stamp without needing to travel overseas to apply at a U.S. consular office.  Applications will be accepted between 1/29/24, and 4/1/24, or when all application slots are filled, whichever comes first.  

01/17/2024    DHS announced a process for protecting over one thousand noncitizen workers who were victims of, or witnesses to, a violation of labor rights. DHS also announced guidance for noncitizen workers requesting a renewal of deferred action for an additional two years through these processes.  

01/15/2024    As reported by the Associated Press, the backlog of cases in immigration court has grown by more than one million over the last fiscal year and is now triple what it was in 2019. The backlog includes migrants who have been in the United States for decades and were apprehended on unrelated charges, but most are new asylum seekers.

01/12/2024    U.S. Immigration and Customs Enforcement (“ICE”) announced updated guidance for its law enforcement personnel, providing standards for the use of body-worn cameras (“BWC”). The policy calls for the use of BWCs in all aspects of ICE enforcement activities conducted by ICE personnel.   

01/12/2024    USCIS announced that beginning in February 2024, it will launch online organizational accounts and make Form I-129 available for online filing for H-1B petitions for FY 2025. USCIS will host public sessions on organizational accounts leading up to the FY 2025 H-1B registration period.   

01/12/2024     USCIS published Adjustment of Status filing charts for January 2024.

01/10/2024    DOS published the February 2024 Visa Bulletin.

01/02/2024    DOS provided an update on its worldwide visa processing capacity during 2023, including a note that it issued more nonimmigrant visas worldwide in 2023 than in any year since 2015.