Entry for 2025 Diversity Visa Lottery program opens October 4, 2023

The U.S. Department of State’s instructions for the 2025 Diversity Immigrant Visa Program (DV-2025) are now available and entries must be submitted electronically between October 4, 2023, at 12:00 noon, Eastern Daylight Time (EDT)(GMT-4) and November 7, 2023, at 12:00 Noon, Eastern Standard Time (EDT)(GMT-5). Submission of more than one entry for a person during the registration period will disqualify all entries for that person.

For DV-2025, persons who are natives of the following countries and areas are not eligible to apply:

Bangladesh, Brazil, Canada, China (including Hong Kong SAR)*, Colombia, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, Venezuela, and Vietnam.

*Natives of Macau SAR and Taiwan are eligible.

Note: United Kingdom and its dependent territories are eligible for DV-2025.

Eligibility requirements and entry instructions are on the U.S. Department of State’s website here: Diversity Visa Instructions.

The congressionally-mandated Diversity Immigrant Visa Program is administered annually by the Department of State under Section 203(c) of the Immigration and Nationality Act (INA). This law provides for a class of immigrants known as diversity immigrants, with visas made available to persons from countries with historically low rates of immigration to the United States. For fiscal year 2025, up to 55,000 diversity visas will be available.

© Jewell Stewart & Pratt PC 2023

Citizens of Israel eligible for Visa Waiver Program from September 19

Update: The start date for implementation has been moved up to September 19, 2023.

Original post:

As of November 30, 2023, Israel will be the 41st member of the Visa Waiver Program (VWP). Citizens of member countries of the Visa Waiver Program may enter the United States for business or tourism for up to 90 days without a visa. In return, U.S. citizens may enter member countries under the same conditions. Beginning on November 30th, Israeli citizens may apply online for authorization to travel to the U.S. through the Electronic System for Travel Authorization (ESTA). 

Citizens of countries participating in the Visa Waiver Program (VWP) may travel to the United States as visitors for business or pleasure without first obtaining a visitor’s (B-1 or B-2) visa from a U.S. Consulate. VWP admittees may enter for periods of up to 90 days, provided that they are eligible for admission under applicable law.

On September 27, the Secretary of Homeland Security announced the designation of Israel in the VWP. Eligible Israeli passport holders with ESTA clearance will be able to visit the U.S. without visas from November 30. There are now 41 VWP countries:

Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, United Kingdom.

Like other VWP travelers, eligible Israeli passport holders must apply for advance authorization through the Electronic System for Travel Authorization (ESTA). VWP travelers are not permitted to board a carrier to travel to the U.S. by air or sea unless they have ESTA clearance.

© Jewell Stewart & Pratt PC 2023

USCIS runs second lottery on 2023 (FY 2024) H-1B registrations

On July 31, 2023, USCIS announced that it ran a second H-1B lottery on 2023 (FY 2024) registrations. The USCIS announcement states:

We now have randomly selected, from the remaining FY 2024 registrations properly submitted, a sufficient number of registrations projected as needed to reach the cap, and have notified all prospective petitioners with selected registrations from this round of selection that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2024, and only for the beneficiary named in the applicable selected registration notice.

An H-1B cap-subject petition must be filed within the period indicated on the registration selection notice; for this round of selectees, that period is August 2 to October 31, 2023.

As we noted before, in 2021 (FY 2022) a second and third selection process took place in August and November, respectively, to make unused H-1B visas available. No additional selections took place in 2022 (FY 2023). USCIS has not yet announced whether and when a third selection might take place later in 2023 (FY 2024).

© Jewell Stewart & Pratt PC 2023

Seven JSP lawyers selected for inclusion in Super Lawyers® for 2023

Jewell Stewart & Pratt (JSP) is pleased to announce that seven of its lawyers have been selected for inclusion in Northern California Super Lawyers® in 2023. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas, including immigration, who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

Principal & Managing Attorney Claire Pratt has been named to the Super Lawyers list from 2019 to present, having previously received Rising Stars designation since 2015. Principal Chris Beckerson has also been named to the Super Lawyer from 2022 to present, having received “Rising Stars” designation from 2015-2019.

Founder & Of Counsel Phyllis Jewell was named a Super Lawyer at the inception of the Northern California Super Lawyers list in 2004, and has been named to the list each year from 2004 to 2013, and 2015 to present. Retired Principal Wendy Stewart has been included in the Super Lawyers list from 2021 to present. Only 5 percent of lawyers in a state are selected for inclusion in Super Lawyers. 

Of Counsel James Mayock has also been selected, having been named to the list from 2004-2013, and 2020 to present.

In addition, Associate Attorneys Zdeni Amadio and Nicole Tahtouh have been selected as Rising Stars since 2020. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. No more than 2.5 percent of lawyers in a state are named to Rising Stars.

With the firm’s seven selectees, JSP represents 10% of all Super Lawyers in the immigration practice area in Northern California, further solidifying JSP’s recognition within the legal community as an outstanding firm. Congratulations to Phyllis, Wendy, Claire, Chris, James, Zdeni and Nicole, as well as the entire JSP team!

© Jewell Stewart & Pratt PC 2023

ESTA Ineligibility for Dual Nationals of and Persons Present in Cuba

On July 6, 2023, Customs & Border Protection (CBP) updated the online Electronic System for Travel Authorization (ESTA) to exclude persons who are dual nationals of a Visa Waiver Program country and of Cuba. Persons present in Cuba on or after the January 21, 2021 Department of State designation of Cuba as a State Sponsor of Terrorism are also ineligible for ESTA. Travelers who already have an approved ESTA will have it revoked. CBP noted in its update to carriers that “[i]t is stressed that travel to the United States is not barred for those travelers who are affected by the restriction and do not meet the exemption criteria. If you encounter such a traveler, direct them to apply for a nonimmigrant visa at any U.S. embassy or consulate.”

Jewell Stewart & Pratt PC welcomes the lawyers, staff, and clients of E&M Mayock!

We take great pleasure in announcing that Jim Mayock, the Managing Partner, and staff of E&M Mayock have joined Jewell Stewart & Pratt (JSP), effective July 2023.

We look forward to welcoming their clients into JSP’s practice.

JSP and E&M Mayock both have a long and distinguished history of immigration law practice based in the San Francisco Bay Area. Both firms have lawyers and staff who are highly regarded by colleagues and peers for deep expertise, quality of work product, and outstanding personalized service.

We are honored and proud to have E&M Mayock’s team and clients join JSP. We trust that you will join us in celebrating this milestone!

© Jewell Stewart & Pratt PC 2023

Three JSP Lawyers Recognized by Who’s Who Legal in Corporate Immigration for 2023

Jewell Stewart & Pratt is pleased to announce that lawyers Phyllis Jewell, Wendy Stewart (ret.), and Claire Pratt have been selected by Who’s Who Legal (“WWL”) as Global Leaders in Corporate Immigration for 2023. Phyllis Jewell has additionally been recognized as a “Thought Leader” in the field. The firm’s WWL profile may be found here.

Nominees for WWL are selected based upon a comprehensive, independent survey of both general counsel and private practice lawyers worldwide. Only specialists who have met stringent independent research criteria are listed. The publication features leading corporate immigration attorneys who come highly regarded for their experience in assisting corporate entities navigate the increasingly complex regulatory environments in jurisdictions around the world through sophisticated immigration planning and counseling advice.

Congratulations to Phyllis, Wendy, and Claire!

© Jewell Stewart & Pratt PC 2023

U.S. Department of Homeland Security to End Form I-9 Requirement Flexibility

As employers navigated the challenges posed by the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) introduced flexibility to the Employment Eligibility Verification process on Form I-9. These flexibilities allow for remote inspection of identity and employment eligibility documents, providing a temporary solution to the physical proximity concerns brought about by the pandemic.

Under this flexibility, employers were allowed to defer physical document review and conduct remote inspections. Employees' documents could be examined remotely, using video, fax, or email. Employers were required to indicate "COVID-19" as the reason for the physical examination delay. Once physical examination became possible, employers were responsible for adding the notation "documents physically examined" along with the date of examination on the Form I-9.

On May 4, 2023, DHS announced that this flexibility will expire on July 31, 2023. Employers will have 30 days, until August 30, 2023, to complete all required physical inspections of identity and employment eligibility documents for individuals hired on or after March 20, 2020. Employers must ensure they meet these deadlines to maintain compliance with the Form I-9 requirements. For any specific questions or concerns, employers should be sure to consult with their legal services providers.

© Jewell Stewart & Pratt PC 2023

JSP Principal Chris Beckerson to be recognized for pro bono contributions

Jewell Stewart & Pratt is pleased to announce that Principal Chris Beckerson will be recognized for his pro bono work by Legal Services for Children (“LSC”), a San Francisco-based nonprofit focused on providing free legal and social services for youth with immigration, education, foster care or guardianship issues.

Chris is being honored with LSC’s “Trinidad Madrigal Excellence in Child-Centered Representation” award. This is an award given to one extraordinary pro bono attorney every year, in the legacy of LSC Volunteer Attorney Trinidad Madrigal.  The awards ceremony will take place at the Commonwealth Club in San Francisco on June 1, 2023.  

The award recognizes Chris's pro bono work over the past six years, alongside the LSC team, on behalf of young people escaping harrowing conditions in their countries of origin. Thank you to LSC for recognizing and supporting this vital and inspiring work, and congratulations to Chris!

© Jewell Stewart & Pratt PC 2023

H-1B "cap" reached in 2023 (FY 2024)

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory H-1B visa “cap” for fiscal year (FY) 2024.

The USCIS announcement states:

“We randomly selected from among the registrations properly submitted to reach the cap, and have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration. Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered): 

• Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.

• Selected: Selected to file an H-1B cap petition.

• Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.

• Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, disputed, or otherwise invalid.

… H-1B cap-subject petitions for FY 2024, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2023, if based on a valid, selected registration. Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2024, and only for the beneficiary named in the applicable selected registration notice.”

In 2021 (FY 2022) a second and third selection process took place in August and November, respectively, to make unused H-1B visas available. No additional selections took place in 2022 (FY 2023). USCIS has not yet announced whether and when an additional selection might take place in 2023 (FY 2024).

© Jewell Stewart & Pratt PC 2023