On December 10, 2024, The Department of Homeland Security (“DHS”) announced a permanent increase in the automatic extension period for employment authorization documents (“EADs”) up to 540-days from the current 180-days period for certain applicants who timely and properly filed their Form I-765 applications for work authorization.
Read more180-Day Automatic Extensions of Employment Authorization Documents
United States Citizenship and Immigration Services (“USCIS”) announced on October 27, 2023, they would be reverting back to 180-day automatic extensions of employment authorization and EAD validity for those eligible applicants who timely file a Form I-765 renewal application on or after October 27, 2023. This announcement follows a Temporary Final Rule (“TRF”) adopted by USCIS from May 4, 2022, through October 26, 2023, which increased the automatic extension period for employment authorization and Employment Authorization Documents (“EADs”) available to certain EAD renewal applicants up to 540-days. Please note that this change to automatic 180-day renewals does not affect beneficiaries who were granted automatic extensions of up to 540-days during the time the TRF was in effect. For beneficiaries of the 540-day extension, the increased automatic extension “will end when they receive a final decision on their renewal application or when the up to 540-day period expires (counted from the expiration date of the employment authorization and/or their EAD), whichever comes earlier.”
Read moreUSCIS Updates EAD Authorization to Five Years for Certain Noncitizens, Including Adjustment of Status Applicants
United States Citizenship and Immigration Services (“USCIS”) announced on September 27, 2023, it is increasing the maximum validity for initial and renewal of Employment Authorization Documents (“EADs”) to 5 years for certain noncitizens. Applicants for initial and renewal EADs, including applicants for adjustment of status, in both employment and family based categories, will receive an EAD with a maximum five-year validity, as opposed to two-years. This change is being implemented by USCIS immediately, “and applies to Applications for Employment Authorization, that are pending or are filed on or after September 27, 2023.”
Read moreUSCIS Committed to Using Available Visa Numbers in FY2022
As the government’s Fiscal Year 2022 (“FY 2022) draws to a close this coming September 30th, US Citizenship and Immigration Services (“USCIS”) has assured the public it is “dedicated to ensuring we use as many available employment-based visas as possible in FY 2022.” This is good news as approximately 66,500 employment-based green cards were not used in FY 2021.
Read moreTemporary Increase of Automatic Extension Period for Certain Renewal Applicants’ Employment Authorization
United States Citizenship and Immigration Services (“USCIS”) adopted a Temporary Final Rule (“TFR”) on May 4, 2022, to increase the automatic extension period for employment authorization and Employment Authorization Documents (“EADs”) available to certain EAD renewal applicants. Previously, work authorization granted to foreign nationals who had filed a timely Form I-765 application to renew certain categories of EADs was automatically extended for 180 days. The new rule will effectively increase this period to up to 540 days from the expiration date stated on the EAD. During the eighteen month period after publication of the TFR, eligible applicants with a timely-filed, pending Form I-765 renewal application will receive up to 360 days of additional automatic extension time (for a total of up to 540 days).
Read moreUSCIS Urges Eligible Adjustment of Status Applicants to Interfile
After the release of the March 2022 Adjustment of Status Filing Charts from the Visa Bulletin, US Citizenship and Immigration Services (“USCIS”) issued an alert urging eligible adjustment of status (“AOS”) applicants to consider filing a request to transfer the underlying basis of their adjustment of status application. According to USCIS, eligible applicants should request to transfer to “the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (October 2021 through September 2022).” USCIS noted that the overall number of visas available for the first and second preference employment-based categories is almost “twice as high as usual, because that limit includes all unused family-sponsored visa numbers from fiscal year 2021, which was approximately 140,000.”
Read moreUSCIS Announces COVID-19 Vaccination Required for Immigration Medical Examinations
United States Citizenship and Immigration Services (USCIS) announced that effective October 1, 2021, COVID-19 vaccinations are required for immigration medical examinations which are a part of the green card application process. The Service has updated its policy guidelines to require that “applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record.”
Read moreCDC Adds Covid-19 Vaccine to List of Required Immunizations for Green Card Applicants
The Centers for Disease Control and Prevention (CDC) recently announced that beginning October 1, 2021, foreign nationals submitting green card applications must be fully vaccinated against Covid-19. The Covid-19 vaccination was added to the list of vaccinations already required for those seeking permanent residency in the U.S. either by applying for Adjustment of Status if the applicant is in the U.S. or Consular Processing abroad. According to the CDC, applicants “must complete the COVID-19 vaccine series and provide documentation of vaccination to the civil surgeon in person before completion of the medical examination.”
Read morePriority Dates Q&A
Once foreign nationals decide they want to stay in the United States permanently and start talking to an immigration attorney or researching the process themselves, there is a pretty good chance the term “priority date” will come up. What this term means and why it is so important to figuring out the timing involved in a Green Card case can be confusing. There are often many questions surrounding how one obtains a priority date and all the timing issues that follow. This post aims to explain how the process works, although many people may prefer not to know how the sausage is made (if you will). Tracking the backlog of cases can be painfully frustrating—especially if a foreign national’s visa category is one that is excessively backlogged. But for those who wish to know the reason behind the delays, here are some of the most frequently asked questions.
Read moreOPINION: Visa Bulletin Debacle
Those of us practicing immigration law in the summer of 2007 experienced something that we thought would never happen again. The US State Department (DOS) released a Visa Bulletin that reported every employment-based preference category as “current.” This meant that everyone with an approved labor certification, no matter the prior backlog of priority dates, could file their adjustment of status (i.e. “Green Card”) applications with US Citizenship & Immigration Services (USCIS). Clients and attorneys cheered for joy and started preparing the paperwork. Clients who were abroad when the announcement was made flew back to the US (since an applicant has to be physically present in the US when applying for the adjustment). Clients got medical exams, paid for translations, paid attorneys, and everyone worked overtime to put together these numerous and extensive applications. And then…the State Department took the Visa Bulletin back!
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