Department of Homeland Security
Second H-1B Cap Lottery Completed by USCIS
On July 31, 2023, U.S. Citizenship and Immigration Services (“USCIS”) announced the completion of its second random selection from previously-submitted H-1B cap lottery registrations for fiscal year (“FY”) 2024. Newly-selected registrants have been notified via their myUSCIS accounts, which should be updated to include a selection notice with instructions for filing the H-1B petition. The second cap lottery filing period will run from August 2, 2023 to October 31, 2023 and each H-1B cap petition for a selected registration must be properly filed in hard copy at the designated service center within the filing window. Lottery selection for petition filing does not guarantee approval and every petition package should include the required evidence and establish eligibility for petition approval based on regulatory requirements. Please continue to monitor Immigration Insights for H-1B cap season updates and contact immigration counsel to strategize H-1B alternatives for cap non-selections.
New Receipt Process Implemented for L-1 Nonimmigrants Applying Under an Approved Blanket L Petition
USCIS has recently changed its receipt issuance process for L-1 nonimmigrant intracompany transferees applying under a previously-approved blanket L petition. As of August 3, 2023, when filing Form I-129S, Nonimmigrant Petition Based on a Blanket L Petition along with Form I-129, Petition for a Nonimmigrant Worker with USCIS, USCIS will no longer be stamping and endorsing Form I-129S with the Form I-129 Approval. The beneficiaries will now receive an approval notice for Form I-129S, which will serve as the application’s “endorsement.” According to USCIS, this new receipt issuance process will provide petitioners with quicker, more organized, and more secure processing of Form I-129S.
Personalized Wait Times Now Available for myUSCIS Users
USCIS has rolled out “myProgress” for myUSCIS users, which will now allow users to view personalized estimates of wait times to meet three (3) major milestones in their cases (application received confirmation, completion of biometrics, and case decision), based on historical data of similar cases. Applicants are able to use myProgress to view personalized processing times for the following types of applications/petitions:
- Form I-765, Application for Employment Authorization;
- Form I-131, Application for Travel Document;
- Form N-400, Application for Naturalization;
- Form I-90, Application to Replace Permanent Resident Card; and
- Form I-130, Petition for Alien Relative.
To use myProgress, applicants must create a USCIS online account and link their paper applications to their online account. Electronically-filed applications will already be listed in the myProgress tab within each applicant’s USCIS online account. Please note that myProgress is not a guarantee of case adjudication speed but an estimate based on historical patterns of cases with similar specifics and estimated processing times may not be an accurate representation of actual adjudication timelines.
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