April 2023 Newsletter

April 2023 Newsletter

Welcome to our April Newsletter, which covers select immigration development this past month.?

We start with this year’s H-1B visa lottery! On March 27, 2023, USCIS announced it had selected the registrations for this year's H-1B visa lottery. The agency has not yet announced how many registrations it received, but anecdotal evidence suggests the chances of selection were low. For those with selected registrations, we have 90 days from April 1, 2023, to file the complete H-1B petition with USCIS. We look forward to working with you over the next few months either with the preparation and filing of your H-1B petition or discussion of alternative visa options. More information is available here .

We also have our analysis of the State Department's latest monthly Visa Bulletin. Unfortunately, other than the EB-3 category for Chinese nationals, which advances by three months, the majority of employment and family-based categories either have no movement or retrogress in April. Most notably, the Final Action Date for the worldwide EB-2 category retrogresses by four months and there is a cut-off date for the F-2A category for spouses and minor children of lawful permanent residents. The entire Visa Bulletin is available on the State Department's website, which includes information on the diversity visa lottery and the EB-5 priority dates here .?

On the operational front, USCIS continues to expand premium processing. On March 6, USCIS announced that it would extend the availability of premium processing to pending applications of international students for Optional Practical Training (OPT) and STEM degree-based OPT extensions, effective immediately. The agency's announcement can be found here . The government filing fee for premium processing is $1,500, which is less than the usual $2,500 fee for premium processing, but the processing time is also slower at 30 days instead of the usual 15 calendar days. More information on how to request premium processing for OPT and STEM OPT applications is available here .?

USCIS also no longer requires that the medical exam (Form I-693) submitted with applications for permanent residence (Form I-485) be less than 60 days old at the time of filing. Effective March 31, 2023, USCIS will consider medical exams valid for up to two years from the date of the civil surgeon’s signature on the Form I-693.? This policy update serves to improve operational efficiency and reduce the need to either reject applications or request updated Forms I-693 from applicants.

In response to the ongoing humanitarian crisis in Somalia, DHS announced the extension and redesignation of Somalia for Temporary Protected Status (TPS), extending TPS for nationals of Somalia for an additional 18 months to September 17, 2024.?Additionally, DHS has "redesignated” Somalia for TPS, which means that additional Somali nationals may benefit from TPS if they have been continuously residing in the United States since January 11, 2023. Somali nationals who currently benefit from TPS must re-register between March 13, 2023 through May 12, 2023 in order to extend their TPS status to September 17, 2024. More information on how to apply for Temporary Protected Status can be found here .?

Finally, insofar as international travel considerations, the CDC has ended the requirement for negative COVID-19 test results from air passengers traveling from the People’s Republic of China, Hong Kong, and Macau, including those transiting through South Korea, Toronto, and Vancouver locations. Effective March 10, air passengers will no longer need to get tested and show the negative COVID-19 test result, or show documentation of recovery from COVID-19 prior to boarding a flight to the U.S. from the People’s Republic of China, Hong Kong, and Macau, or through a Designated airport, including Incheon International Airport (ICN) in Seoul, Republic of Korea; Toronto Pearson International Airport (YYZ) in Canada; and Vancouver International Airport (YVR) in Canada. The full announcement is available here .?

I hope you find this information useful. Please do not hesitate to contact me if you would like to discuss these or any other immigration-related developments further.?

USCIS Announces Premium Processing for Certain F-1 Students Seeking OPT or STEM OPT

March 9, 2023

On Monday, March 6, USCIS announced that it will expand the availability of premium processing to pending applications by international students for Optional Practical Training (OPT) and OPT extensions based on a STEM degree. Read more here .?

Extension and Redesignation of Somalia for Temporary Protected Status

March 17, 2023

The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for nationals of Somalia due to ongoing armed conflict, public health crises, and food security challenges in Somalia. Read more here .

April 2023 Visa Bulletin Released

March 24, 2023

The Department of State (DOS) has issued its April 2023 Visa Bulletin. Other than the EB-3 category for Chinese nationals, which advances by three months, most employment and family-based categories either have no movement or retrogress in April. Read more here .

USCIS Completes H-1B Lottery

March 27, 2023

USCIS has announced that it completed selection of the registrations submitted in this year’s H-1B visa lottery. If your registration was selected, you should have received an email notification from USCIS to the email address associated with your myUSCIS account. Read more here .?

CBP Terminates Negative COVID-19 Test Requirement for Passengers from China, Hong Kong, and Macau

March 29, 2023

The Centers for Disease Control and Prevention (CDC) has ended the requirement for negative COVID-19 test results from air passengers traveling from the People’s Republic of China, Hong Kong, and Macau, including those transiting through South Korea, Toronto, and Vancouver locations. Read more here .?

USCIS Removes 60-Day Rule for Civil Surgeon Signatures on Form I-693

March 31, 2023

USCIS no longer requires that the medical exam (Form I-693) submitted with applications for permanent residence (Form I-485) be less than 60 days old at the time of filing. The requirement had been subject to a temporary waiver since Dec. 9, 2021.

Effective March 31, 2023, USCIS will consider medical exams valid for up to two years from the date of the civil surgeon’s signature on the Form I-693.?

This policy update serves to improve operational efficiency and reduce the need to either reject applications or request updated Forms I-693 from applicants.

Applicants for permanent residence no longer need to worry about their medical exams expiring if they are not submitted within 60 days of the civil surgeon’s signature on Form I-693. The policy alert for the removal of the “60-Day Rule” can be found here .?

A Recent Team Activity at NY&A

March 17, 2024

In March, several members of our team and Nadia's kids participated in the annual Oakland Running Festival. Congrats to all the finishers!