United States Citizenship and Immigration Services (“USCIS”) announced that effective January 22, 2025, the requirement for applicants seeking adjustment of status to lawful permanent resident status to provide proof of COVID-19 vaccination on their Form I-693 Report of Immigration Medical Examination and Vaccination Record has been removed. USCIS also states that the Service will not issue Requests for Evidence (“RFEs”) or Notices of Intent to Deny (“NOIDs”) asking for proof of COVID-19 vaccination. Furthermore, I-485 Applications to Register Permanent Residency or Adjust Status will not be denied solely on the basis of the applicant’s failure to provide COVID-19 vaccination documentation.
New USCIS Guidance for O-1’s in the AI and Tech Fields
On January 8, 2025, United States Citizenship and Immigration Services (“USCIS”) released new guidance in its policy manual clarifying how the agency assesses evidence for O-1 visa eligibility for individuals with extraordinary ability. The O-1 visa is designed for individuals with extraordinary abilities in the fields of science, arts, education, business, or athletics, as well as those who have achieved notable success in the motion picture or television industry, with recognition at a national or international level. The updates include detailed examples from evolving industries, particularly technology and creative sectors, recognizing the changing landscape of work and innovation, thereby allowing individuals in fields like artificial intelligence, digital media, and other emerging areas to better demonstrate their impact.
Read moreUSCIS Offices Closed January 9, 2025
United States Citizenship and Immigration Services (“USCIS”) announced all offices will be closed on Thursday, January 9, 2025 in observance of the National Day of Mourning to honor the life and legacy of James Earl Carter Jr., the 39th president of the United States President, as designated by President Biden. As a result of the closure, appointments, interviews, and naturalization ceremonies previously scheduled for that day will be rescheduled, and those affected will be notified promptly.
Read moreDHS Publishes H-1B Modernization Final Rule to Improve Program Integrity and Efficiency
On December 18, 2024, the Department of Homeland Security (“DHS”) published a Final rule in the Federal Register modernizing and increasing the efficiency of the H-1B program, adding benefits and flexibilities, and improving integrity measures. This rule will become effective January 17, 2025.
The final rule imposes changes to the H-1B program and codifies a number of existing rules. We must point out that the final rule is quite lengthy; therefore, our summary does not cover all of the changes. We have outlined a few of the most notable updates and changes below which we feel may be of most interest to our community.
Read moreUSCIS Starts Online PDF Filing for I-765 Application for Employment Authorization
Consistent with the Biden Administration’s Executive Order on Transforming Federal Customer Experience and Service Delivery to Rebuild Trust in Government by improving the customer experience, on October 8, 2024, United States Citizenship and Immigration Services (“USCIS”) introduced an electronic PDF filing option for certain I-765 Employment Authorization Document (“EAD”) applicants via their personal USCIS online accounts. Eligible applicants may file Requests for Fee Waiver, Form I-912 in PDF format as well, which marks the first time fee waiver requests can be filed online.
Read moreUSCIS California Service Center is Moving to a New Address
U.S. Citizenship and Immigration Services (“USCIS”) announced that the California Service Center will be moving to a new address, beginning Monday, August 12, 2024. The new address is 2642 Michelle Drive, Tustin, CA 92780.
Parole in Place to Promote the Unity & Stability of Families Set to Begin August 19, 2024
On July 17, 2024, United States Citizenship and Immigration Services (“USCIS”) announced that undocumented spouses and children of US citizens who are eligible to apply for legal status and a pathway to citizenship through the parole in place process may submit applications starting August 19, 2024. Additional details about eligibility and the application process will be published in a “forthcoming Federal Register notice.”
Read moreNew Guidance on Immigration Medical Examination Validity Period
On April 4, 2024, US Citizenship and Immigration Services (“USCIS”) announced that effective immediately, any Form I-693, Report of Immigration Medical Examination and Vaccination Record, which was properly completed and signed by a civil surgeon on or after November 1, 2023, does not have an expiration date. The service noted that the Form can be used indefinitely to evidence that the applicant is “not inadmissible on health-related grounds.” This determination was made by USCIS in consultation with the Centers for Disease Control and Prevention (“CDC”) and “based on advances in public health electronic notification.”
DHS to Introduce AI Pilot Programs
On March 18, 2024, the Department of Homeland Security (“DHS”) announced three planned pilot programs to be introduced this year which will utilize artificial intelligence (“AI”) for the advancement of homeland security. DHS’ first “Artificial Intelligence Roadmap” outlines how the government will use AI to deliver “meaningful benefits to the American public and advance homeland security, while ensuring that individuals’ privacy, civil rights, and civil liberties are protected.”
Read moreUSCIS Fee Increases to Begin April 1, 2024
United States Citizenship and Immigration Services (“USCIS”) announced the publication of a final rule to adjust immigration and naturalization requests fees. Noting that the fee increase is the first since 2016, and necessary for recovering the costs of operations, the new fees will be effective on April 1, 2024. The new fee schedule table details the filing fees to be collected by petition or application type. “For individual filers, the final rule generally limits newly established fees to no more than the increase in the Consumer Price Index since 2016, which is 26%.” However, the fees associated with employment-based visas and employer sponsored green card petitions have been significantly increased.
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