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.
Read moreUSCIS Increases Certain Premium Processing Fees
On December 27, 2023 United States Citizenship and Immigration Services (“USCIS”) announced that as a result of inflation, the agency will be increasing the premium processing fees of certain employment-based applications and petitions effective February 26, 2024.
Read moreDHS Publishes Proposed Rule to Modernize H-1B Program
On October 23, 2023, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking in the Federal Register to “modernize the H-1B specialty occupation worker program.” There is a sixty-day notice and comment period for the proposed rule, and the public is invited to submit comments on the Federal Register website.
The proposed rule sets out to impose changes to the H-1B program, as well as to codify a number of existing rules. We must point out that the proposed rule is quite lengthy; therefore, our summary does not cover all of the proposed changes. We will outline a few of the most notable proposed changes below which we feel may be of most interest to our community.
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 Will No Longer Require Biometric Services Fee for Form I-539 Applicants
Effective October 1, 2023, United States Citizenship and Immigration Services (“USCIS”) will no longer require applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, to pay the $85 biometric services fee as part of the application process. Additionally, in most cases, applicants will not be scheduled to attend a biometric services appointment. “However, if USCIS determines that biometrics are required, the applicant will receive a notice with information about appearing for their biometric services appointment.”
Read more