This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
An H-3 classification applies to an alien who is coming temporarily to the United States:
(1) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or
(2) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that:
Release Date
01/03/2023
WASHINGTON—Today, U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking (NPRM) to adjust certain immigration and naturalization benefit request fees. The new fees would allow USCIS to more fully recover its operating costs, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs. USCIS receives approximately 96 percent of its funding from filing fees, not from congressional appropriations.
Release Date
01/04/2023
USCIS has published Form I-956K, Registration for Direct and Third-Party Promoters. The EB-5 Reform and Integrity Act of 2022 added the requirement for direct and third-party promoters to register with USCIS.
Each person acting as a direct or third-party promoter (including migration agents) of the following must complete Form I-956K:
Release Date
01/04/2023
U.S. Citizenship and Immigration Services is changing the filing location for Form I-730, Refugee/Asylee Relative Petition, to streamline workloads in an ever-increasing electronic environment. Previously, this petition was filed either at the Texas Service Center or the Nebraska Service Center depending on the state where the petitioner resides. With this change, all Form I-730 petitions should be filed at the Texas Service Center.
USCIS recently updated the following USCIS form(s):
01/04/2023 01:59 PM EST
Edition Date: 01/04/23. You can find the edition date at the bottom of the page.
Form I-956K, Registration for Direct and Third-Party Promoters
09/07/2022 12:45 PM EDT
Edition Date: 09/07/22. You can find the edition date at the bottom of the page on the form and instructions.
Discussion Topics
FAQ: Effect of typos on immigration documents || Concerns about EB-1C Green Card Portability || Who is required to pay for an EB-1C Green Card? || Can too many parking tickets affect Green Card or Citizenship process? ||
USCIS recently updated the following form.
Form I-134, Declaration of Financial Support
01/04/2023 09:24 AM EST
Edition Date: 01/04/23. Starting March 6, 2023, USCIS will only accept the 01/04/23 edition. Until then, you can also use the 10/18/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
Before 04/25/22, this form was called Form I-134, Affidavit of Support.
Release Date
01/12/2023
U.S. Citizenship and Immigration Services is implementing the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.
Number 74
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during February for: “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.
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | April 2022 |
| Audit Review | January 2022 |
| Reconsideration Request to the CO | June 2022 |
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 69.69% | 848 | |
| I-129CW | Petition for CNMI Nonimmigrant Transitional Worker | 66.67% | 3 |
| I-129F | Petition for Fiancée | 100% | 14 |
| I-129H1B |
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 the online H-1B registration system.
Release Date
01/30/2023
New Features Provide State-of-the-Art Security
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today new designs to improve security of Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents (EADs). USCIS will begin issuing the redesigned cards on Jan. 30, 2023.
The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) assists individuals and employers in resolving difficulties they are experiencing with U.S. Citizenship and Immigration Services (USCIS). This page covers what CIS can and cannot help with and how you can submit a request for case assistance with the office.
Discussion Topics, Thursday, February 02, 2023:
FAQ: Criteria for national interest waiver || NIW for physical therapists || Multiple companies applying for H-1B Cap registration - H-1B lottery || Can H-4 visa (no EAD) holders take an unpaid internship? || Can H-4 EAD start a Business in any State? Can a relative's company file H-1B? || H-4 visa dependent children change of status to F-1 before 21 || Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?
Release Date
02/08/2023
Starting February 10, 2023, self-petitioning abused spouses, children, and parents must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and Form I-485, Application to Register Permanent Residence or Adjust Status, at the Nebraska Service Center instead of the Vermont Service Center.
Release Date
02/14/2023
WASHINGTON—U.S. Citizenship and Immigration Services has issued guidance in the USCIS Policy Manual to update when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age in certain situations under the Child Status Protection Act (CSPA).
Number 75
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during March for: “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.