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Recent Posts in USCIS News Category

  • USCIS Temporary Final Rule Increasing Automatic Extension Period for certain EADs

    USCIS temporary final rule providing that the automatic extension period applicable to expiring EADs for certain renewal applicants who have filed Form I-765 will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs. This increase will be available to eligible renewal applicants with pending Forms I-765 as of 5/4/22, including those applicants whose ...
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  • USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses

    On Nov. 12, 2021, USCIS issued a policy announcement confirming that E and L spouses are employment authorized based on their valid E or L nonimmigrant status. Since the November 2021 announcement, the Department of Homeland Security added new Class of Admission (COA) codes to distinguish between E and L spouses and children. As of Jan. 30, 2022, USCIS and CBP began issuing Forms I-94 with the ...
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  • USCIS Reaches Fiscal Year 2022 H-1B Cap

    USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2022. They have completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2022 H-1B ...
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  • USCIS Decoupling Adjudication of EADs and Advance Paroles to Expedite EAD Issuance

    Over the last several days, we have received numerous reports from clients that they are receiving approved employment authorization documents (EADs) that do not include advance parole (AP) travel authorization, even though the applicant had requested both benefits. When an applicant requested both an EAD and advance parole, USCIS had previously been issuing “combination cards” that included both ...
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  • USCIS Updates Guidelines on Maximum Validity Periods for New Employment Authorization Documents for Certain Applicants

    USCIS today published an updated policy guidance that is effective immediately to change the maximum validity period that may be granted for Employment Authorization Documents (EADs) issued to certain applicants, as well as to provide general guidance on adjudicating Form I-765, Application for Employment Authorization. USCIS will generally grant new and renewed EADs that are valid for two years ...
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  • BREAKING NEWS: USCIS Announces FY 2023 H1-B Cap Registration Period

    U.S. Citizenship and Immigration Services today announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon EST on March 1 st , 2022, and run through noon EST on March 18 th , 2022 . During this period, prospective petitioners and representatives will be able to complete and submit their registrations using USCIS’ online H-1B registration system. Prospective ...
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  • USCIS ENCOURAGES INTERFILING (based on eligibility)

    USCIS may, in its discretion, grant a transfer of EB-3 to EB-2 filing, if: You have continuously maintained eligibility for adjustment of status; Your AOS is still pending; You are eligible for that category; and A visa is immediately available. Submit a written request along with a Supplement J to USICS. If you have previously submitted an interfiling request, USICS asks that you do not send a ...
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  • USCIS Guidance on Expedited EADs for Healthcare Workers

    Effective immediately, if you are a healthcare worker who has a pending Employment Authorization Document (EAD) renewal application (Form I-765, Application for Employment Authorization) and your EAD expires in 30 days or less or has already expired, you can request expedited processing of your EAD application. To determine whether you are a qualifying healthcare worker, see this DHS advisory ...
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  • All Temporary Protected Status (TPS) Applicants May Now File Forms I-821 and I-765 Online

    USCIS announced that as of Nov. 29, 2021 all applicants eligible to file for TPS under one of the current country designations below may file Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, online. The following countries are currently designated for TPS: • Burma (Myanmar) • El Salvador • Haiti • Honduras • Nepal • Nicaragua • ...
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  • USCIS Settlement Reverses Policy Prohibiting H-4 Spouses Automatic Work Extension and Provides Automatic Work Authorization for L2s Prior to Working in the U.S.

    Relief has come for nonimmigrant H-4 and L-2 spouses suffering from long delayed processing times for employment authorization. Spouses in H-4 status always met the regulatory test for automatic extension of EADs, but USCIS previously prohibited them from that benefit and forced them to wait for reauthorization. Now, H4 spouses, who continue to have H4 status, are eligible for automatic extension ...
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  • USCIS Reaches Settlement Agreement in H-1B Market Research Analyst Class Action

    USCIS reached a settlement agreementin the case of MadKudu Inc., et al. v. U.S. Citizenship and Immigration Services, et al., No. 20-cv-2653 (N.D. Cal.). On Oct. 19, 2021, the U.S. District Court, Northern District of California. This agreement outlines new, overarching guidance for adjudicating pending or future H-1B petitions for the position of market research analysts under the H-1B program. ...
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  • COVID-19 Vaccination Required for Immigration Medical Examinations

    U.S. Citizenship and Immigration Services today announced that, effective Oct. 1, 2021, 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 . This will require applicants subject to the immigration medical ...
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  • USCIS EXTENDS TIME TO USE RECEIPT NOTICES AS EVIDENCE OF STATUS FROM 18 TO 24 MONTHS

    Starting Sept. 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence , or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status . They are making the change from 18 to 24 months to accommodate current processing ...
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  • Cap Reached for Remaining H-2B Visas for Returning Workers for FY 2021

    USCIS has received enough petitions for returning workers to reach the additional 22,000 H-2B visas made available under the FY 2021 H-2B supplemental visa temporary final rule . They will reject and return any cap-subject petitions for H-2B returning workers received after Aug. 13, along with any accompanying fees. USCIS began accepting additional H-2B petitions for returning workers on July 23 ...
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  • STARTING OCTOBER 1, 2021, COVID 19 VACCINATIONS REQUIRED FOR APPLICANTS APPLYING FOR LPR OR REFUGEE STATUS

    Starting October 1, 2021, USCIS and the U.S. Department of State will require COVID-19 vaccinations for all applicants applying for refugee or lawful permanent residence, with some exceptions . Specifically, all applicants who receive their medical examination from a Civil Surgeon or Panel Physician on or after October 1, 2021 , must complete the COVID-19 vaccine series and provide documentation ...
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  • USCIS 60-Day Notice and Request for Comments on Proposed New Forms I-129E&TN, I-129L, I-129MISC, and I-129O

    USCIS issued a 60-day notice and request for comments on proposed new Forms I-129E&TN, I-129L, I-129MISC, and I-129O. USCIS is separating Form I-129 into several individual forms. Form I-129E & TN will collect information for the E and the TN programs. Form I-129L will collect information for the L nonimmigrant program. Form I-129MISC will collect information for H-3, P, Q, or R classifications. ...
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  • USCIS EXTENDING I-693 (Report of Medical Examination Record) VALIDITY TO 4 YEARS

    Beginning Aug. 12, U.S. Citizenship and Immigration Services is temporarily extending the validity period for Form I-693, Report of Medical Examination and Vaccination Record , from two years to now four years due to COVID-19-related delays in processing. USCIS may consider a completed Form I-693 as valid if: The civil surgeon’s signature is dated no more than 60 days before the applicant filed ...
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  • USCIS Expands Partnership with Social Security Administration

    USCIS announced today applicants filing for lawful permanent resident status are now able to apply for a Social Security number (SSN) or replacement card as part of the adjustment of status application process. Previously, these individuals had to apply for a Social Security number through a corresponding I-765 Employment Authorization application or at a Social Security office. USCIS is revising ...
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  • USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT

    Pursuant to a court order , USCIS extended the flexibilities for certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization. These flexibilities have been extended to include applications received on or after Oct. 1, 2020, through Oct. 31, 2021, inclusive. Applicants can file Form I-765 up to 120 days before the program end date if the ...
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  • USCIS Conducts Second Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations

    In March 2021, USCIS conducted an initial random selection on properly submitted electronic registrations for the fiscal year (FY) 2022 H-1B cap. The initial filing period for those with selected registrations for FY 2022 was from April 1, 2021, through June 30, 2021. USCIS recently determined to select additional registrations to reach the FY 2022 numerical allocations. On July 28, 2021, it ...
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  • USCIS Updates Guidance for Applicants for Change of Status to F-1 Student

    The Immigration and Nationality Act (INA) provides certain nonimmigrants the opportunity to request a change to a different nonimmigrant classification for which they qualify. USCIS has historically only granted applications to change to F-1 status that fall within 30 days of the program start date listed on the applicant’s Certificate of Eligibility for Nonimmigrant Student Status (Form I20). ...
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  • District Court Vacates July 2019 USCIS Final Rule Revising EB-5 Regulations

    The U.S. District Court for the Northern District of California granted summary judgment in favor of the plaintiff, holding that DHS violated the Administrative Procedure Act (APA) when it promulgated the July 24, 2019, final rule amending its regulations for the EB-5 program, including providing priority date retention to certain EB-5 investors and increasing the required minimum investment ...
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  • Biometric Appointments Can now be Rescheduled by Calling USCIS

    USCIS announced that applicants, petitioners, requestors and beneficiaries may now call the USCIS Contact Center (800-375-5283) to reschedule their biometric services appointments scheduled at a USCIS Application Support Center. Previously, applicants had to submit requests in writing to reschedule their biometrics appointments. This change helps eliminate undue paperwork and allows USCIS to track ...
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  • FORM I-944 NO LONGER NECESSARY TO FILE GREEN CARD APPLICATIONS!!!

    USCIS is no longer applying the August 2019 Public Charge Final Rule. As a consequence, among other changes, USCIS will apply the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance . In other words, USCIS is not considering an applicant’s receipt of Medicaid (except for long-term institutionalization at the government’s expense), public housing, or Supplemental ...
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  • USCIS Announces That FY2022 H-1B Cap Initial Registration Period Will Open On March 09, 2021

    USCIS announced that the initial registration period for FY2022 H-1B cap will open at noon (ET) on March 9 and run through noon (ET) on March 25 . During this period, prospective petitioners and representatives will be able to fill out petitioner and beneficiary information and submit their registration. Prospective H-1B cap-subject petitioners or their representatives are required to use a ...
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