Immigration Update

Immigration News and Analysis
for Clients and Friends of Borene Law Firm

November 2023
President Biden Issues New Executive Order with Provisions That Would Streamline Processing Times for Work Visa Issuance for Critically Needed Workers in Artificial Intelligence (AI) or Science, Technology, Engineering and Mathematics (STEM) Occupations

On October 30, 2023, President Biden issued a new Executive Order "Safe, Secure and Trustworthy Development and Use of Artificial Intelligence", which included new provisions to broaden and streamline processing of work visas, especially for AI and STEM workers. Some key provisions include:

  1. Directing the Department of State (DOS) and U.S. Department of Homeland Security (DHS) within 90 days to "streamline processing times of visa petitions and applications, including by ensuring timely availability of visa appointments, for noncitizens who seek to travel to the United States to work on, study, or conduct research in AI or other critical and emerging technologies"
  2. Instructing DOS to consider adding J-1 research scholars and F-1 students in STEM fields to those eligible to renew their visas inside the U.S.
  3. Requesting that the U.S. Department of Labor (DOL) consider adding additional occupations such as AI and other STEM fields to the Schedule A list of pre-approved occupations with long-standing U.S. labor shortages, which currently includes only Registered Nurses and Physical Therapists

Now is the Time to Identify Key Employees for H-1B Work Visa Sponsorship in 2024

  • The H-1B work visa is the most commonly used work visa for newly hired professionals (bachelor's degree and above)
  • Only 85,000 new cap-subject H-1B work visas are available for each fiscal year
  • In 2023, more than 700,000 H-1 Lottery registrations were submitted to USCIS

Interested employers should start preparing now for new H-1B Lottery Registration applications for foreign workers, including computer/IT professionals, engineers, doctors, scientists, researchers, professors, managers and many other professionals. We recommend starting preparation of the lottery registration application well in advance to meet the registration deadline and to avoid disappointment.

After the H-1B Lottery quota is reached in 2024, there will be no new cap-subject H-1B work sponsorships available until October 1, 2025. If you have questions about the H-1B visa category or wish to obtain assistance with applying for any new H-1B work visas, please call us no later than February 15, 2024 at 612.321.0082.

Read from Borene Law Firm, FAQs about H-1B Temporary Work Status
A New Report Provides Details of Huge Economic Contribution That Immigrants Are Making to America

A Forbes article on November 15, 2023 details the many economic contributions of immigrants to the U.S. economy. Highlights include:

  1. 1 in 8 U.S. residents is an immigrant
  2. Immigrants paid more than $500 billion in annual taxes
  3. 22% of all U.S. entrepreneurs are immigrants
  4. More than 22% of STEM workers and more than 15% of nurses are immigrants
  5. More than 28 million U.S. workers are immigrants (over 17% of the U.S. labor force)

Candidate Donald Trump Says, If Elected in 2024, His Administration "Will Carry Out the Largest Domestic Deportation Operation in U.S. History”, Including Sweeping Immigration Raids, Detention Camps for Millions of Undocumented Migrants and Mass Deportations

At an Iowa campaign appearance in September, candidate Donald Trump pledged to take many unprecedented anti-immigration measures, including suspending refugee programs, reinstating a ban on entrants from many mostly-Muslim countries, using a process of "expedited removal" to bypass immigration court hearings and using the military to construct mass detention camps for millions of detained undocumented migrants.

Scott Borene was
named the
Best Lawyers® 2024 Immigration Law "Lawyer of the Year" in Minneapolis.

Tip of the Month

United States Citizenship and Immigration Services (USCIS) Launches New Online Change of Address Self-Service Reporting Tool

On October 12, 2023, USCIS announced a new online self-service way for individuals to update the USCIS with required reports of address changes. All non-immigrants, such as F-1 students, H-1 workers and others, including applicants with pending applications, petitions or requests can use this new system. The system is called Enterprise Change of Address (E-COA). In order to use E-COA, the individual must first set up a USCIS online account.

For the latest Official Processing Times from United States Citizenship and Immigration Services for Visa Petitions and Immigration Applications

For the latest information from the U.S. Department of State on Immigrant Visa “Green Card” Quota Backlog (Priority) Dates
Borene Law Firm In the News
Borene Law Firm rated "AV Preeminent" in 2024 - "the highest possible Peer Review Rating in legal ability and ethical standards" for the 29th consecutive year from "the gold standard in attorney ratings" - The Martindale-Hubbell Law Directory, All Editions, 1994 - present.

George Maxwell lead the Expert Immigration Panel on the Topic of "Considerations for Building a Global Work force in 2023 and Beyond" at the Minnesota State Bar Association's Annual International Business Law Institute on March 2, 2023.

Jeanne Kildow was an expert speaker on "Employment-Based Immigration Preference Categories"
at the American Immigration Lawyers Association (AILA) National Annual Conference

Scott Borene was selected to chair the North American Expert Immigration Panel at the 10th Biennial International Bar Association's Global Immigration Conference in London in December of 2022. Scott Borene has chaired the U.S. expert panel at every IBA Global Immigration Conference for the past 20 years (2003-2022).

Copyright Borene Law Firm, P. A., 2023
 Immigration Update is a publication of:
Borene Law Firm
U.S. & Global Immigration
3950 IDS Center
Minneapolis, Minnesota 55402
United States of America
Phone: 612.321.0082
The information in this Immigration Update should not be considered specific legal advice; it is intended for informational purposes only. Anyone seeking specific legal advice should contact an appropriately experienced lawyer for a confidential, personalized consultation.