Weekly Immigration Update: January 26–February 1, 2024

United States, January 30, 2024
First Phase of Final H-1B Modernization Rule Introduces Changes to H-1B Cap Registration; FY 2025 Registration Period and H-1B Organizational Account “Live” Date Announced

• A final DHS regulation that will change the H-1B cap registration system to a beneficiary-centric system will be in effect for the FY 2025 H-1B cap registration period, which will run from noon ET on March 6 to noon ET on March 22.
• The final rule also includes anti-fraud measures that enhance DHS’s ability to deny and revoke H petitions based on false statements or invalid registrations.
• The full H-1B modernization rule will be implemented through one or more final rules, with some provisions still under development.
• USCIS has also announced that the agency’s new organizational account system will go live at noon ET on February 28.

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United States, January 30, 2024
USCIS Fee Rule Takes Effect April 1 with Significant Increases for Employment-Based Filings

• Effective April 1, 2024, USCIS will increase and create separate filing fees for H-1B, L-1, and other nonimmigrant case types. The H-1B petition fee will rise to $780, from $460, a 70% increase. The L-1 petition fee will increase to $1,385, from $460 – a 201% rise. Certain small employers and nonprofits will be subject to reduced fees, however.
• In addition to increased base filing fees, Forms I-129 and Forms I-140 will be subject to a new Asylum Program Fee of $600. Nonprofit petitioners will be exempt from the new fee while small employers will be subject to a reduced fee of $300.
• The fee for H-1B cap registration will increase to $215, from $10, per registration, though the increase will not take effect until the FY 2026 cap season, which begins in March 2025.
• The rule also lengthens the premium processing timeframe from calendar days to business days, and unbundles adjustment of status and ancillary benefit fees, among other measures.

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United Kingdom, January 30, 2024  
Electronic Travel Authorisation Requirement Forthcoming for Nationals of Bahrain, Kuwait, Jordan, Oman, Saudi Arabia, and the United Arab Emirates

• Effective February 1, 2024, nationals of Bahrain, Kuwait, Jordan, Oman, Saudi Arabia and the United Arab Emirates may begin applying for an Electronic Travel Authorisation (ETA), which will be necessary for any travel or transit through the United Kingdom for tourism, business or short studies from February 22, 2024 for those nationals.
• This is an expansion of the ETA scheme, which was launched on November 15, 2023, for nationals of Qatar.
• ETAs cost GBP 10, are valid for two years (unless the applicant’s passport expires sooner) and allow multiple trips to the United Kingdom.
• The scheme is set to expand to other nationalities throughout 2024 in additional phases.

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France, January 29, 2024
New Comprehensive Immigration Law Introduced

• The French government published a new comprehensive immigration law on January 27, 2024, which has immediate effect.
  
• The main work-related changes include:
  • a new residence permit for medical professionals;
  • limits on the repeated renewal of certain temporary residence permits;
  • the introduction of a French-language proficiency requirement for multi-year residence permit holders; and
  • a residence permit allowing for the regularization of certain undocumented workers.
• The new law is mainly intended to combat irregular migration and control foreign workers’ stays in France.

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United Kingdom, January 29, 2024
Automatic 10-Year Extension of Sponsor Licenses

• The UK Home Office has confirmed that it has automatically extended sponsor licenses that are due to expire on or after April 6, 2024, by another 10 years without the need to apply or pay for a renewal fee.
  
• However, sponsors whose licenses are scheduled to expire before April 6, 2024, must still submit and pay for a renewal before the expiry date if they want to remain licensed.
• This policy change will reduce immigration-related costs for some employers who require a sponsorship license extension.
• This extension is in anticipation of a rule change effective from April 6, 2024, whereby sponsor licenses will no longer need to be renewed.

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United States, January 29, 2024
DHS Extends and Redesignates Syria for Temporary Protected Status; Extends Relaxed Employment Options for Syrian F-1 Students

• The Department of Homeland Security (DHS) has extended and redesignated Syria for Temporary Protected Status (TPS), from April 1, 2024 through September 30, 2025.
• The registration period for new TPS applicants will run from January 29, 2024 to September 30, 2025. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
• Current Syrian TPS beneficiaries who wish to extend their benefits will be required to re-register between January 29, 2024 and March 29, 2024. Those whose current EADs will expire before receiving a new one will receive an automatic extension through March 31, 2025.
• DHS is also extending the relaxation of certain employment authorization rules for Syrian students in F-1 status who are experiencing severe economic hardship as a direct result of the current armed conflict and humanitarian crisis in Syria.

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United States, January 26, 2024
Final Rule on H-1B Modernization Clears Federal Review; Cap Registration Changes Anticipated

• A final DHS regulation that would revise some aspects of the H-1B program has been cleared by the Office of Management and Budget (OMB).
• Contents of the final rule will not be known until publication in the Federal Register. However, it is anticipated that a switch to a beneficiary-centric H-1B cap registration system and related H-1B cap anti-fraud measures will be included in the final rule.
• The full H-1B modernization rule may be implemented through one or more final rules, with some provisions – including any H-1B cap registration changes – likely to take effect in time for the start of the FY 2025 cap season.

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