Top US visa and immigration updates from 2023 and expectations from 2024

Many significant changes were made to policies in US visa and immigration in 2023. From changes in EB-5 and H-1B Policy to important updates in student visa policies, United States seems to be ushering in a period of long awaited reforms.

Also significant among the changes is how H-1B visa holders will simply have to mail their visas to the State Department, and not have to travel outside the US, as a pilot program.

Here’s a look at some important changes and updates that were made this year:

1) Updates in US student visa policies

This year, the US increased processing fees for F, M, and J visas. Consular officers were given more authority to consider the current intentions of applicants. F, M, and J student visa applicants will also have to provide passport details as part of an anti-fraud initiative.

2) Relaxations for Employment Authorization Documents (EADs)

The eligibility criteria for initial and renewal applications for Employment Authorization Documents (EADs) were significantly relaxed by USCIS this year. This is expected to help people struggling with delays in availability of visas.

3) EAD validity extension

The maximum validity of Employment Authorization Documents (EADs) was extended to five years in 2023 by USCIS, proving beneficial to non-citizens who need employment authorization in certain categories.

4) Changes in EB-5 Policy

Under a policy implemented by USCIS this year, investors who create 10 jobs will be allowed to be reimbursed after two years. The policy, meant to align with the EB-5 Reform and Integrity Act of 2022, states that these investors will also remain eligible for a US green card. The processing speed of EB-5 visa applications has also been improved.

5) H-1B visa renewal pilot program

A limited number of H-1B specialty occupation workers in the US will be allowed to renew their visas in January, according to State Department officials. The rollout of the H-1B domestic visa renewal pilot will only be limited to 20,000 participants initially. These applicants will just have to mail their visas to the State Department, and will not be allowed to travel outside the US.

6) US immigrant visa reform bill introduced

A bill introduced in the US House of Representatives by a bipartisan group of lawmakers, led by US Representative Pramila Jayapal along with Rep. Rich McCormick and Rep. Raja Krishnamo, will eliminate the per-country caps on employment-based green cards. The bill, named the HR6542 Act, will also increase the family-based green card limit and is expected to address the backlog of green card applicants.

7) Toughening of citizenship tests expected

Changes to the US citizenship tests are expected, but it is unclear what these changes might be. Among other important developments that are expected are finalisation of proposed fee changes, and discussions around revisions to the citizenship test.