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The H-1B Lottery registration period has now ended. USCIS is expected to announce those selected in the FY 2023 H-1B Cap by March 31, 2022. As you wait for the lottery results, you may be feeling uncertain, anxious, or confused about your next steps if your registration is not picked. However, you should know that you have options. This article provides a comprehensive guide regarding the H-1B alternative options available to you if you aren’t selected in the first round, so you are prepared regardless of the results.

U.S. Citizenship and Immigration Services (USCIS) has updated guidance relating to I-94s for certain E and L nonimmigrant spouses and how I-94s may be used as evidence of employment authorization.

On November 12, 2021, USCIS issued a policy memorandum notifying that E and L spouses will be employment authorized based on their valid E or L nonimmigrant status. USCIS would be taking measures along with the Department of Homeland Security to add new Class of Admission (COA) Codes to distinguish between E and L spouses and children as E and L spouses may obtain work authorization but children may not.

The Government of India restored valid long-duration regular tourist visas for U.S. nationals. These long-during visas have a 10-year validation period. In addition, the issuance of new long-duration tourist visas is again active. Both are effective immediately. These visas were suspended during the global pandemic. Other visas, particularly the e-tourist visa, are also reinstated. There are three options for e-tourist visas, one month, one year, and five years. India announced these updates in a press release, issued by the Consulate General of India in the San Francisco office. Applications are being accepted now through the India e-visa portal or working with your immigration attorney.

On March 10, 2022, U.S. Senate passed the reauthorization of the EB-5 Regional Center Program. The EB-5 Reform and Integrity Act of 2022 (“Integrity Act”) is part of the FY 2022 Consolidated Appropriations Bill and is expected to be ratified by President Biden. Once the measure is ratified, USCIS is expected to release a policy memorandum elaborating on the changes made to the EB-5 Program.

The EB-5 Regional Center Program lapsed on June 30, 2021. The Integrity Act is the first reauthorization of the program since 2015 and authorizes the EB-5 Regional Center through September 2027. Specific requirements are set for Regional Centers.

The passed government spending bill for the current fiscal year, referred to as the Omnibus, reinstates the lapsed EB-5 Immigrant Investor Program, with some updates. Unfortunately, recapturing lapsed green card allotments is not part of the bill. Some immigration support is included with incremental funding for U.S. Citizenship and Immigration Services (USCIS) to reduce the long backlog. Details as to the updates for the reinstated EB-5 program, loss of allotments, and USCIS funding are highlighted below.

As we enter the 2023 Fiscal Year H-1B Quota season, we know many individuals will not be selected for the H-1B quote. However, if not selected, there are options to remain in the United States and retain work authorization. Given the sensitive and time-constrained nature of these scenarios, it's critical to act quickly. Preparation is key to success. If your H-1B lottery file is complete, it's a great time to think about your options and get started now. We can help.

Individuals who file for the H-1B Quota are either currently on an F-1 non-immigrant student visa, residing overseas, or on other non-immigrant status living in the U.S. The following options are available for individuals based on their situation when applying for the H-1B Quota.

Two separate lawsuits are in the spotlight at the moment. The focus of both of their cases is to learn from past issues and protect your investment.

A lawsuit, originally filed in October 2019, claimed investors were defrauded in making EB-5 investments. The investors applied to U.S. Citizenship and Immigration Services after making the investment. Their petitions were denied, stating it was unclear if the funds had been used to create the property or if the required jobs would be created.

U.S. Customs and Immigration Services (USCIS) extended the credit card payment pilot program to all service centers. The form G-1450, Authorization for Credit Card Transactions, must be used for all forms with some exceptions. Specifically, Form I-129, Petition for a Nonimmigrant Worker, for H-1B and H-2A petitions will not use G-1450, Authorization for Credit Card Transactions.

The pilot is an effort to give users the ability to use digital payments with a credit card at all service centers. Upon the conclusion of the pilot, results will be evaluated to determine the next steps. The program began in May 2021 for U nonimmigrants filing Form I-485, Application to Register Permanent Residence or Adjust Status at the Nebraska Service Center.

The Biden Administration received a temporary reprieve from an order to process delayed diversity visas by September 30, 2022. The original request, which is granted, was due to the administration pursuing an appellate review. The outstanding diversity visa processing entries are from the fiscal year 2020.

The 30-day reprieve gives time for an expedited appellate review. The order, prior to the 30-day reprieve, requires the complete processing of 9,095 diversity visas from 2020. The administration must request an expedited decision from the D.C. Circuit within seven days. Depending on the outcome after the 30-day reprieve, the courts will consider an extension of the stay.

The U.S. Department of Homeland Security (DHS) has instituted a policy enabling E and L-1 nonimmigrant dependent spouses employment authorization immediately upon their lawful admission into the U.S. This eliminates the need for these dependents to file an Application for Employment Authorization with U.S Citizenship and Immigration Services (USCIS) avoiding the long delays in processing these applications.