Week in Review: 1/19 - 1/26

In this week’s “In Review,” we’re leading off with reminders, recaps, and replays of all the information shared regarding the H-1B Domestic Visa Renewal, which opens on Monday, January 29. Additionally, catch up on recent updates from USCIS, global news, and upcoming immigration policy events/changes.

? Please read on for plenty of immigration news and notables in this Week in Review — and, as always, all the immigration news is available on our?website.?

US Immigration News & Notes

?? Domestic Renewal: The Department of State has opened the self-assessment for the H-1B domestic renewal pilot program and the DS-160 application. Foreign nationals who planned on applying using this program, should take the self-assessment, and if qualified, complete the DS-160.

• Both can be found here: ?Domestic Renewal of H-1B Nonimmigrant Visas for Certain Applicants (state.gov) ?
• The portal will open January 29.?
• ?? Erickson Immigration Group prepared the linked PDF with summary and analysis of the pilot program?

? Excused: USCIS, on January 24, announced an update to its Policy Manual providing that USCIS may excuse a nonimmigrant’s failure to timely file an extension of stay or change of status request if the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner.

?? Organizational Accounts: On January 23, USCIS hosted a webinar for companies and organizations to learn more about the enhanced functionality of Organizational Accounts. This affects H-1B registration and online filing for H-1Bs.

• Top Takeaway: This commendable effort from USCIS makes real improvements in the online collaboration between clients and their attorneys and streamlines the H-1B registration and filing process, ultimately saving time and increasing efficiency for both parties involved.
• Our plan: EIG will work directly with clients to explain the new system and get prepared for the new process, inviting them to create accounts when this goes live starting in mid-February. This will be the most streamlined approach, reducing additional work for clients.

?? Rule Review:

• USCIS’s proposed Fee Schedule has cleared White House review, the final step before the rule’s publication. The administration had targeted an April release of the new fee schedule in its most recent regulatory agenda.
• The final review of the DHS rule to modernize the H-1B visa program has concluded. The language of the final rule will be unknown until it is published in the Federal Register.

?? Plan ahead: The State Department H-1B Domestic Visa Renewal Pilot launches on Monday, January 29.

Global News & Notes

Germany: Israelis can stay in Germany until April 26, 2024, without having to apply for a residence permit or extend their visa-free stay. This means that they can stay in Germany for 90 days without a visa and from January 26, 2024, to April 26, 2024, they will now be exempt from the requirement of a residence permit to stay in Germany.

Hungary: The government of Hungary is pausing application processing for residence permits or for an interim/a national/an EU residence card (former interim/national/EC permanent residence permits) from January 1,?2024 and February 29, 2024.

India: The Indian government has extended the deadline for converting Person of Indian Origin (PIO) cards to Overseas Citizen of India (OCI) cards to December 31,?2024.?

Japan: Haneda Airport will pilot electronic kiosks for foreign travelers to facilitate faster entry into the country. The trial program will test ten stands beginning January 31.

Singapore & China: Effective February 9, 2024, holders of ordinary passports issued by China will be exempted from visa requirements for a stay of up to 30 days in Singapore. Similarly, holders of ordinary passports issued by Singapore will be exempted from visa requirements for a stay of up to 30 days in China.

UK & South Korea: The number of South Koreans who can apply for the Youth Mobility Scheme (YMS) visa each year is increasing from 1,000 to 5,000. The upper age limit will also increase from 30 to 35.

On January 22, the Immigration, Refugees and Citizenship (IRCC) announced that the Government of Canada will set an intake cap on international student permit applications to stabilize new growth for a period of two years.

• For 2024, the cap is expected to result in approximately 360,000 approved study permits, a decrease of 35% from 2023.
• Study permit renewals will not be impacted.
• Those pursuing master’s and doctoral degrees, and elementary and secondary education are not included in the cap.
• Current study permit holders will not be affected.

Individual provincial and territorial caps have been established, weighted by population, which will result in much more significant decreases in provinces where the international student population has seen the most unsustainable growth. Learn more?

What We’re Reading

Opinion | Parole has been a bright spot in immigration for more than 70 years Karen Tumlin | Washington Post, 01/18/24

Biden administration has admitted more than 1 million migrants into U.S. under parole policy Congress is considering restricting Camilo Montoya-Galvez | CBS News, 01/22/24

Opinion | House Republicans try to blow up the border deal they claim to want Catherine Rampell | Washington Post, 01/19/24

Opinion | Forget about securing the border. It won’t work. Eduardo Porter | Washington Post, 01/18/24

Supreme Court Eyes World War II Era Doctrine for Agency Rules Kimberly Strawbridge Robinson | Bloomberg Government, 01/19/24

What We’re Listening To

Immigration Nerds host Lauren Clarke interviews César Cuauhtémoc García Hernández, author of the book, Welcome the Wretched: In Defense of the “Criminal Alien,” which explores the intersection of US immigration law and the criminal justice system.

Also in this episode, news updates on USCIS policy guidance on student visas and fee increases for immigration services.

What We’re Watching

In advance of Monday’s launch of the H-1B domestic renewal pilot…

Rewatch Erickson Immigration Group Senior Attorney Lauren Clarke and Diane Holcombe-Geddens, an EIG Senior Managing Attorney, Consular Affairs and former State Department Consular Chief, discuss the State Dept. H-1B domestic renewal pilot, eligibility, and application guidelines, and answer questions.

?? Rewatch this Immigration Nerds episode?