USCIS Extends Initial Registration Period for FY 2025 H-1B Cap

USCIS has decided to prolong the initial registration period for the fiscal year (FY) 2025 H-1B cap. Originally slated to conclude at noon Eastern on March 22, 2024, the registration period will now remain open until noon Eastern on March 25, 2024. This extension comes in response to a temporary system outage experienced by certain registrants, and is intended to afford additional time due to this issue.

Allocation of Immigrant Visas (E) Distribution of visas

(i) No visas for natives of high-admission states

The percentage of visas allocated under this paragraph to natives of a high-admission state is 0.

(ii) For low-admission states in low-admission regions

Subject to clauses (iv) and (v), the percentage of visas allocated under this paragraph to natives (excluding natives of a high-admission state) in a low-admission region is calculated as the product of:

(I) the percentage determined under subparagraph (C), and

(II) the population ratio for that region determined under subparagraph (D)(ii).

(iii) For low-admission states in high-admission regions

Subject to clauses (iv) and (v), the percentage of visas allocated under this paragraph to natives (excluding natives of a high-admission state) in a high-admission region is calculated as the product of:

(I) 100 percent minus the percentage determined under subparagraph (C), and

(II) the population ratio for that region determined under subparagraph (D)(iii).

(iv) Redistribution of unused visa numbers

If the Secretary of State estimates that the number of immigrant visas to be issued to natives in any region for a fiscal year under this paragraph is less than the number of immigrant visas made available to such natives under this paragraph for the fiscal year, subject to clause (v), the excess visa numbers shall be allocated to natives (excluding natives of a high-admission state) of the other regions in proportion to the percentages otherwise specified in clauses (ii) and (iii).

(v) Limitation on visas for natives of a single foreign state

The percentage of visas allocated under this paragraph to natives of any single foreign state for any fiscal year shall not exceed 7 percent.

Allocation of Immigrant Visas (c) Diversity immigrants

(1) In general

Except as provided in paragraph (2), aliens eligible for diversity immigrant visas, subject to the worldwide level specified in section 1151(e) of this title, shall be allocated visas each fiscal year as follows:

(A) Determination of preference immigration

The Attorney General shall determine, based on data available for the most recent previous 5-fiscal-year period, the total number of aliens who are natives of each foreign state and who (i) were admitted or otherwise granted lawful permanent resident status (other than under this subsection), and (ii) were subject to the numerical limitations of section 1151(a) of this title (other than paragraph (3) thereof), or who were admitted or otherwise granted lawful permanent resident status as an immediate relative or other alien described in section 1151(b)(2) of this title.

Allocation of Immigrant Visas (Q) Fund administration

(i) In general, Every new commercial enterprise must establish and maintain a separate account for each alien investor's capital investment, including funds held in escrow.

(ii) Use of funds: Funds in a separate account may only be: (I) Transferred to another separate account or a job creating entity; (II) Deployed into the intended capital investment project; or (III) Refunded to the contributing alien investor's capital investment, if permitted under this paragraph.

Allocation of Immigrant Visas Denial or revocation

The Secretary of Homeland Security shall deny or revoke the approval of a petition, application, or benefit described in this paragraph if, in the Secretary's discretion, it is determined that such petition, application, or benefit involved fraud, deceit, intentional material misrepresentation, or criminal misuse, subject to subparagraph (M).

(ii) Debarment If a regional center, new commercial enterprise, or job-creating entity has its designation or participation in the program under this paragraph terminated due to fraud, intentional material misrepresentation, or criminal misuse, any individual associated with such entities, including an alien investor, shall be permanently barred from future participation in the program if the Secretary determines, by a preponderance of the evidence, that such individual knowingly participated in the conduct leading to the termination.

Secretary Mayorkas Announces Extension and Redesignation of Burma (Myanmar) for Temporary Protected Status

Secretary of Homeland Security Alejandro N. Mayorkas has announced the extension and redesignation of Burma for Temporary Protected Status (TPS) for a duration of 18 months, effective from May 26, 2024, to November 25, 2025. This decision is in response to the extraordinary and temporary conditions prevailing in Burma that pose risks to the safety of individuals, preventing their safe return.