You can access the comments by BoBi Ahn, Managing Partner, in the above titled article in EB5investors.com by clicking on the link.
FY 2024 H-1B Cap Initial Registration Period Opens on March 1
Today, U.S. Citizenship and Immigration Services announced that the initial registration period for the fiscal year 2024 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 17, 2023. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using our online H-1B registration system.
We will assign a confirmation number to each registration submitted for the FY 2024 H-1B cap. This number is used solely to track registrations; you cannot use this number to track your case status in Case Status Online.
Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. Prospective petitioners submitting their own registrations (U.S. employers and U.S. agents, collectively known as “registrants”) will use a “registrant” account. Registrants will be able to create new accounts beginning at noon Eastern on Feb. 21.
Representatives may add clients to their accounts at any time, but both representatives and registrants must wait until March 1 to enter beneficiary information and submit the registration with the $10 fee. Prospective petitioners or their representatives will be able to submit registrations for multiple beneficiaries in a single online session. Through the account, they will be able to prepare, edit, and store draft registrations prior to final payment and submission of each registration.
If we receive enough registrations by March 17, we will randomly select registrations and send selection notifications via users’ myUSCIS online accounts. If we do not receive enough registrations, all registrations that were properly submitted in the initial registration period will be selected. We intend to notify account holders by March 31.
The U.S. Department of Treasury has approved a temporary increase in the daily credit card transaction limit from $24,999.99 to $39,999.99 per day for the FY 2024 H-1B cap season. This temporary increase is in response to the volume of previous H-1B registrations that exceeded the daily credit card limit. Additional information will be provided before the start of the initial H-1B registration period.
An H-1B cap-subject petition, including a petition for a beneficiary who is eligible for the advanced degree exemption, may only be filed by a petitioner whose registration for the beneficiary named in the H-1B petition was selected in the H-1B registration process.
USCIS Preparing to Resume Public Services on June 4
U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4. On March 18, USCIS temporarily suspended routine in-person services at its field offices, asylum offices and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is following the Centers for Disease Control and Prevention’s guidelines to protect our workforce and the public. For the latest information on the status of individual offices, check our office closures page.
While certain offices are temporarily closed, USCIS continues to provide limited emergency in-person services. Please call the USCIS Contact Center for assistance with emergency services.
As services begin to reopen, offices will reduce the number of appointments and interviews to ensure social distancing, allow time for cleaning and reduce waiting room occupancy. Appointment notices will contain information on safety precautions that visitors to USCIS facilities must follow.
If you are feeling sick, please do not go to your appointment. Follow the instructions on your appointment notice to reschedule your appointment for when you are healthy. There is no penalty for rescheduling your appointment if you are sick.
Asylum Offices
USCIS asylum offices will automatically reschedule asylum interviews that were cancelled during the temporary closures. When USCIS reschedules the interview, asylum applicants will receive a new interview notice with the new time, date and location for the interview and information about safety precautions.
In accordance with social distancing guidelines, and due to the length of asylum interviews, asylum offices expect to conduct video-facilitated asylum interviews, where the applicants sit in one room and the interviewing officer sits in another room. Asylum offices will use available technology, including mobile devices provided by the agency, to ensure that the officer, applicant, interpreter and representative can fully and safely participate in the interview while maintaining social distancing.
For affirmative asylum interviews, applicants must bring all immediate family members listed as dependents on the application and an interpreter, if the applicant does not speak English. Additionally, a representative, witness, individual providing disability accommodations or “trusted adult” if an applicant is a minor, may attend the interview.
For non-detained credible or reasonable fear interviews, individuals must bring any family members listed on the interview notice. Representatives may attend credible and reasonable fear interviews but are encouraged to participate telephonically. USCIS will provide contracted, professional interpreters for credible and reasonable fear interviews.
Naturalization Ceremonies
USCIS will send notices to applicants to reschedule postponed naturalization ceremonies. The ceremonies may be shorter to limit exposure to those in attendance. Instead of playing videos during naturalization ceremonies, attendees will receive a flyer with information and links directing them to the videos on the USCIS website. Under the shortened format, all legally required portions of the ceremony will take place.
Attendance is limited to the naturalization candidate and individuals providing assistance to disabled persons.
Interviews and Appointments
USCIS will send notices to applicants and petitioners with previously scheduled appointments and interviews. Those attending appointments should follow the safety guidelines outlined below.
Those who had other appointments must reschedule through the USCIS Contact Center once field offices are open to the public. Please check our office closure page to see if your respective office has been reopened before calling the Contact Center.
Visitors are limited to the applicant, one representative, one family member and one individual providing disability accommodations. The applicant should arrange to have their interpreter available by phone.
Application Support Centers
USCIS will automatically reschedule any necessary ASC appointments that were cancelled due to the temporary office closure. Individuals will receive a new appointment letter in the mail with specific safety requirements. Individuals who appear at a date or time other than what is listed on the ASC appointment notice may encounter significant processing delays, except for military members.
Guidelines for Entering USCIS Facilities
Visitors may not enter a USCIS facility if they:
Have any symptoms of COVID-19, including cough, fever or difficulty breathing;
Have been in close contact with anyone known or suspected to have COVID-19 in the last 14 days; or
Have been individually directed to self-quarantine or self-isolate by a health care provider or public health official within the last 14 days.
Visitors may not enter the facility more than 15 minutes prior to their appointment (30 minutes for naturalization ceremonies).
Hand sanitizer will be provided for visitors at entry points.
Members of the public must wear facial coverings that cover both the mouth and nose when entering facilities. Visitors may be directed to briefly remove their face covering to confirm identity or take their photograph. There will be markings and physical barriers in the facility; visitors should pay close attention to these signs to ensure they follow social distancing guidelines.
Individuals are encouraged to bring their own black or blue ink pens.
More information on visiting USCIS facilities can be found at uscis.gov/visitorpolicy.
Comprehensive Government Funding Bill Includes Language Extending EB-5 Program to September 30, 2017
The final paragraph of the TEXT OF THE HOUSE AMENDMENT TO SENATE AMENDMENT NUMBERED 1 TO H.R. 244, THE HONORING INVESTMENTS IN RECRUITING AND EMPLOYING AMERICAN VETERANS ACT OF 2017, Page 734 substitutes "September 30, 2015" with "September 30, 2017". It remains possible that Congress could pass EB-5 legislation before September 30, 2017.
DOS Emergency Alert: Executive Order on Visas
As a result of the Executive Order on immigration, Department of State has temporarily stopped scheduling immigrant and nonimmigrant visa appointments as well as cancelled currently scheduled visa appointments, for those individuals who are nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.
This Executive Order does not restrict the travel of dual nationals from any country with a valid U.S. visa in a passport of an unrestricted country. Embassies and Consulates around the world will continue to process visa applications and issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.
Travel Warning for Nationals of Certain Countries in Anticipation of Executive Order
An Executive Order titled “PROTECTING THE NATION FROM TERRORIST ATTACKS BY FOREIGN NATIONALS” relating to visa issuance, screening procedures, and refugees, will most likely be issued this week.
Among other provisions, if implemented as written, would "suspend" the immigrant and nonimmigrant entry of nationals from certain designated countries for 30 days from the date of the order. Designated countries are tied to the Visa Waiver provisions of the 2016 Consolidated Appropriations Act and if implemented without change, would include Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Additional countries could be included.
For those country nationals who might be affected by the Executive Order, it may be advisable to refrain from traveling outside of the United States if they are already present in the U.S., or try to return to the United States as soon as possible if they are outside of the country.
USCIS Provides an Updated M-1053 - E-Verify User Manual
USCIS provides an updated M-1053, E-Verify User Manual for Corporate Administrators which provides guidance on E-Verify processes and outlines the rules and responsibilities for corporate administrators enrolled in E-Verify.
U.S. SENATE MOVES TO EXTEND EB-5 PROGRAM AS IS
The Senate is moving forward with an extension of the EB-5 immigrant investor program as is and reforms to the program appear unlikely.
The provision to extend the program is included in the continuing resolution, a short-term budget bill that allows the government to keep running until early December.
EB-5 visa program may expire on Sept. 30 if Congress doesn’t take action
The investor visa program, EB-5, is set to expire on September 30, unless Congress can temporarily extend it, or reform it to cut down the loopholes and eliminate the numerous cases of fraud that surface with the program.
Visa Bulletin (August 2016)
This Bulletin summarizes the availability of immigrant visa numbers during August 2016 for: “Application Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.