Celebrating the Contributions of Asian Americans, Native Hawaiians, and Pacific Islanders: A House Resolution

The U.S. House of Representatives recently introduced a resolution (H. Res. 1228) to recognize the significance of Asian American, Native Hawaiian, and Pacific Islander Heritage Month. This resolution honors the invaluable contributions these communities have made to the history, culture, and progress of the United States. A House Resolution (HR) is a formal statement or decision adopted by the U.S. House of Representatives to express the opinions, intentions, or sentiments of the House. They can recognize individuals or groups, or declare national observances.

Resolution to Recognize and Celebrate

The House Resolution acknowledges the significant contributions of Asian Americans, Native Hawaiians, and Pacific Islanders (AANHPIs) to U.S. history and culture. It also celebrates May as Asian American, Native Hawaiian, and Pacific Islander Heritage Month, based on historical events like the arrival of the first Japanese immigrants on May 7, 1843, and the completion of the transcontinental railroad on May 10, 1869, largely built by Chinese laborers. The AANHPI population in the U.S. has grown rapidly, with Asian Americans increasing by 55.5% and Native Hawaiians and Pacific Islanders by 30.8% from 2010 to 2020.

Key Anniversaries and Contributions

The House Resolution also commemorializes relevant anniversaries, and also recognizes notable government figures such as Dalip Singh Saund, Daniel K. Inouye, Patsy T. Mink, and Vice President Kamala D. Harris. Similarly, it also issues commemorative quarters for figures like Anna May Wong (first Chinese American film star in Hollywood who gained international recognition), and Patsy Mink, and the establishment of a commission to study the creation of a National Museum of Asian Pacific American History and Culture.

Recent Increase in Anti-Asian Hate CrimesSince March 2020, there has been a dramatic increase in anti-Asian hate crimes. In 2020 and 2021, there were 124% and 339% increase in Anti-Asian hate crimes respectively. Over 11,500 hate incidents have been reported since the start of the pandemic through March 2022, according to Stop AAPI Hate.

Historical Context of Anti-Asian Discrimination

The House Resolution also calls out discrimination against Asian Americans in the United States, especially during crises, including Legislative Acts such as the Page Act of 1875 (Restricted the entry of Asian women, effectively prohibiting Chinese women from immigrating and limiting Chinese family formations in the U.S.); Chinese Exclusion Act of 1882 (The first law to explicitly exclude an entire ethnic group from immigrating to the U.S.); Executive Order 9066 (Authorized the forced relocation and incarceration of approximately 120,000 individuals of Japanese ancestry during World War II); Sikh Temple Shooting of August 5, 2012, in Oak Creek, Wisconsin (A white supremacist killed six people and wounded four others); etc.

In response to the rise in anti-Asian hate crimes during the pandemic, Congress passed the COVID-19 Hate Crimes Act, which was signed into law by President Joe Biden on May 20, 2021.

The Significance of This Resolution

This House Resolution serves as an important acknowledgment of the diverse and impactful contributions of AANHPI communities to the United States. It provides an opportunity for Americans to celebrate and learn about the rich cultural heritage and history of these groups, while also recognizing the challenges they have faced and continue to overcome.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

The U.S. Issued Record 5.2 Million Nonimmigrant Visas

 

For those considering a journey to the United States, there has never been a better time to apply for a visa. The U.S. Department of State is having an exceptional year in visa processing, making it easier for travelers, students, and workers to come to the U.S. Here’s what you need to know about the latest updates and achievements in visa issuance.

A Historic Year for Visa Issuance

In the first half of the 2024 fiscal year (October 2023 to March 2024), the State Department issued nearly 5.2 million nonimmigrant visas globally. This impressive figure surpasses all previous records for the same period. Notably, 30% of U.S. embassies and consulates set all-time records for the number of nonimmigrant visas issued.

The Department of State plays a crucial role in facilitating travel and tourism, a vital sector for the U.S. economy. International visitors contribute significantly, with recent figures showing an annual impact of $239 billion, supporting approximately 9.5 million American jobs.  The following are the key highlights from FY 2024.

Tourism and Business Travel (B1/B2 Visas):

• Nearly 4.1 million B visitor visas (including border crossing cards) were issued for tourists and business travelers.
• The highest-volume missions, including Mexico, India, Brazil, China, Colombia, Argentina, the Dominican Republic, and Ecuador, issued a record number of visas.

Academic and Workforce Contributions (F, M, J, H Visas):

• 134,000 exchange visitor program participants and 115,000 students received visas, reinforcing the U.S. as a top academic destination.
• Temporary or seasonal worker visas reached a record-breaking 205,000, supporting essential sectors like agriculture.
• Almost 160,000 visas were issued to airline and shipping crew members, the second-highest half-year record.

Family Reunification and Employment (Immigration Visas):

• Over 281,000 immigrant visas were issued in the first half of FY 2024, with a quarter of embassies and consulates surpassing past decade records.
• More than 152,000 visas were issued to immediate family members of U.S. citizens, setting a new record for this category.

Enhancing Visa Processing Capabilities

To meet the growing demand for U.S. visas, the State Department has implemented innovative technological solutions and expanded the use of secure tools, such as waiving in-person interviews for eligible applicants. These measures ensure timely processing while maintaining strict national security standards.

What This Means for You

If you are planning to visit, study, or work in the United States, the current momentum in visa processing means your application is likely to be handled more efficiently than ever. The Department of State’s commitment to supporting the U.S. economy and American families through effective visa processing is stronger than ever.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

A Second Drawing for H-1B Lottery?

USCIS released the number of H-1B registrations for H-1B FY 2025 recently.  The government received 470,342 eligible registrations for this year’s lottery, representing a 38% decrease from 758,994 entries last year.  The number of H-1B applicants participating in the lottery is quite stable. Approximately 442,000 workers applied this year, compared with 446,000 last year.  Similarly, the number of employers this year was approximately 52,700, comparable to last year's number of  approximately 52,000. 

Significantly, the number of eligible registrations for workers with muliple registrations dropped significantly from 408,891 last year to 47,314 this year. This indicates that the government's "one-person-one-chance" policy is effective. 

Is a second drawing possible? Last year, USCIS selected 110,791 registrations in the initial drawing for FY 2024, which is lower than previous years, because the agency expected a higher anticipated petition filing rate last year and also higher approval rates of H-1B visas by overseas consulates.  As a result, a 2nd drawing was needed to use up the H-1B cap.  This year, USCIS selected 120,603 registrations in the first draw, which is also a smaller number than in previous years.  Because selection is based on unique beneficiaries, USCIS again expected a higher petition filing rate this year.  However, 120,603 is 9,812 greater than last year's initial number, leaving less visa numbers for a second draw.

However, a second drawing is still a real possibility based on economic data and anecdotal evidence.  The recent numbers of initial unemployment filings are on the rise, indicating that the job market is finally cooling down. We have clients who are considering dropping some selected cases for workers who are non-performers. Hence, it is likely that the petition filing rate may not be as high as anticipated.  If so, there may be unused H-1B visa numbers after the initial filing window ending in June is closed.  Of course, this is a double-edge sword, a deteriorating economy may also mean that employers are less likely to continue sponsorship even if a worker's registration is selected in the second drawing.  

(Source: USCIS.gov)

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Checklist to Avoid H-1B Denial and Request for Evidence

 

As in the previous years, the H-1B lottery for FY 2025 was equally intense.  USCIS just announced that it selected 114,017 unique beneficiaries from the lottery, with 120,603 selected registrations in the initial selection performed in the last few days of March.  The use of the word “initial” suggests that USCIS is likely to make another selection.  Hence, the unselected applicants should not give up hope yet.  For the lucky selectees, this is no time to relax. Formal requests for evidence are very common in H-1B cases, and a percentage of cases are denied every year.  The following are some common reasons for the issuance of RFEs and/or denials:

1)  Failure to prove “specialty occupation”:  H-1B visas are issued to professional workers who engage in a “specialty occupation,” which normally requires a bachelor’s or higher degree in a specific subject area, or its equivalent, as the minimum requirement to enter the profession.  The employer may also prove that its company usually requires a degree for the position, or that the job nature or duties are so complex or unique that it can be performed only by an individual with a degree.

2) The petitioner is not an eligible H-1B employer:  USCIS routinely verify an employer’s corporate and financial information with government and commercial databases such as those provided by Dun & Bradstreet.   RFEs will be issued if the corporate name, identity, address, federal employer ID number, etc., do not match with the information provided by these databases.  Newer and smaller companies’ H-1B petitions are particularly vulnerable, as they may be viewed as too small to need the services of an H-1B employee.

3) Failure to prove a bona-fide position: USCIS promulgated a new rule in October 2023 to modernize  H–1B requirements.  One of the requirements is that the employer must prove that there is a real and concrete job offer for the beneficiary.  Documents such as business contracts, third-party agreements, project or program documents, etc., are required to support the petition.

4) Issues with job location: The job location is also an area of focus in many RFEs, as it affects both the market wage and also veracity of the job offer. The actual locations where the job duties will be performed must be correctly reported in the Labor Condition Application (LCA).   If the job location is wrong or unclear, or if there are multiple locations, an RFE will likely be issued. Remote and hybrid work arrangement is common in the post-COVID19 era.  Employers should be particularly careful with this issue.

5) Payment of market wages: Employers are required to pay H-1B employees market wages (or actual wages if higher) as stated in the Labor Condition Application.  H-1B jobs are usually professional occupations that command higher salaries than average. If the LCA contains incorrect wage information, or if it is not clear that the employer has sufficient financial resources to pay the required wage, an RFE will be issued.  For smaller companies that do not have sufficient business profits, other evidence must be submitted to satisfy this requirement.

6) H-1B employee’s education and qualifications:  H-1B occupations usually require the attainment of a bachelors’ degree or its equivalent in order to enter the profession.  Many jobs also require other qualifications such as previous training and work experience.  Professional jobs may also require state-issued licenses and professional degrees.  If it is not clear from the H-1B petition submitted that the foreign worker processes the required qualifications for the position, an RFE will definitely be issued.

7) Correct filing address, fees, forms, etc.:  Last but not least, many H-1B petitions are rejected or denied for technical reasons such as use of wrong filing address and payment of incorrect fees.  USCIS made substantial changes in the filing addresses, application fees, and form editions as of April 1st of this year.  Applicants should double-check their petitions before filing to ensure that there are no technical errors.

There are other reasons for issuing RFEs and/or denials in H-1B petitions.  In fact, USCIS can actually deny an H-1B petition outright without issuing an RFE first if it is determined that additional evidence will not be possible to overcome the deficiencies in the petition. Sometimes, USCIS may also issue a Notice of Intent to Deny (NOID) if there is little or no evidence submitted, or if there is a discretionary issue in the case to consider (although the basic requirements are net).  Hence, it is important to provide a well-prepared and legally sufficient H-1B petition.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

USCIS Clarifies Schedule A Exceptional ability in Sciences and Art

 

Many foreign workers have heard about the EB-1A “extraordinary ability alien petition” and the EB-2 “national interest waiver” petition. These are two types of employment-based green card applications that an applicant may file by themselves, without sponsorship by a U.S. employer. Additionally, applicants can submit these two types of petitions directly with the USCIS without first obtaining a labor certification from the Department of Labor.

The purpose of the labor certification is to test the American job market to see if there are able, willing, qualified and available American workers for the position. If such workers exist, the employer must first offer the position to them. Under the employment-based categories, there is a sub-category of positions under Schedule A that is also exempt from the labor certification requirement.

Schedule A Group I pre-certifies job openings for physical therapists and nurses, while Group II pre-certifies positions that require exceptional ability in "sciences and art". Foreign workers may submit their immigrant visa petitions with USCIS directly without first obtaining a labor certification. However, they must have a full-time offer of employment by a U.S. employer, and also demonstrate exceptional ability in sciences and art.

USCIS recently clarifies that “science or art” means any field of knowledge or skill which colleges and universities commonly offer specialized courses leading to a degree in the knowledge or skill. This definition is adapted from existing DOL regulations. With this definition, most professional and skilled occupations would qualify.

To apply under the Schedule A Group II sub-category, the employer must provide notice of the opening to bargaining representatives, or to its employees. To prove exceptional ability, there must be evidence that the employee's achievements have enjoyed “widespread acclaim” and “international recognition”. The employee must provide evidence to satisfy at least 2 of these 7 criteria:

1. Receipt of internationally recognized awards;
2. Membership in international associations that require outstanding achievement;
3. Published material in professional publications about the employee or his work;
4. Participation as a judge, reviewer, or juror of the work of others;
5. Original scientific or scholarly research contributions of major significance in the field;
6. Authorship of published scientific or scholarly articles in international or professional journals; and
7. Display of the beneficiary’s work, in the field, at artistic exhibitions in more than one country.

Further, there must be evidence that the beneficiary’s employment during the past year, and also the position offered in the U.S., must also require exceptional ability.

For workers with exceptional or unusual ability that do not meet the requirements of EB-1A and NIW petitions, Schedule A Group II offers an alternative avenue for them to apply for U.S. green cards without going through the lengthy labor certification process.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Other Alternatives to H-1B Visa

 

The initial H-1B random selection process was completed in late March.  USCIS has not officially released the number of H-1B registrations and selection total.  However, based on unofficial estimates, the number of H-1B applicants continue to be sky-high.  This year, USCIS implemented a new policy which prohibits the entering of multiple registrations for the same employee, which should have improved the chances for selection.  Still, based on statistics gathered so far, the overall selection rate is still undesirable.

For the unselected foreign students and workers, they must now face the harsh reality of their future. This article presents some alternatives that they may consider based on their background and qualifications:

Practical Training Employment

For some foreign students with a STEM degree, continue working with their STEM OPT employment authorization may be the best option. While waiting for the next year's H-1B lottery, they may continue working for their employers.  They must work for an employer who is e-Verified.  Some universities offer internship an co-op employment opportunities.  Enrolled F-1 students may participate in these programs through Curriculum Practical Training (CPT) authorization.

Extraordinary Ability O-1 Work Visa

For individuals with outstanding qualifications or a strong STEM background, the O-1 extraordinary ability visa may be an option. The O-1 visa requires substantial proof of one's qualifications and achievements. O-1 is a temporary work visa approved for up to 3 years each time, and can be extended indefinitely.  Please see our previous article for details of the O-1 visa.

Employer-sponsored Green Card

Rather than relying only on H-1B, one may also consider applying for their green card directly, if their employer is ready to start the application process. There is no requirement that one must be in H-1B status first before applying for their permanent resident status.  For applicants born in countries with available visa numbers, their green cards could be approved relatively quickly.  However, they must maintain their lawful status until they are able to submit their final green card application.

Self-Petitioned Green Card

Without sponsorship by a U.S. employer, a foreign worker may also file a self-petition for their green card if qualified.  For example, they may apply for a green card under the EB-2 visa category with a National Interest Waiver (NIW).  The applicant must prove that their immigration will serve an important interest of the United States.  USCIS has encouraged qualified individuals with a strong STEM background to apply.  Please see our previous article for details of an NIW application. 

EB-1A Extraordinary Ability petition can also be filed by a foreign applicant without employer sponsorship.  It is similar to the O-1 work visa with even more stringent requirements.  One must submit evidence to demonstrate that they have risen to the very top of their field of endeavor. Proof of sustainted national or international acclaim is also required.  Not only scientists or researchers can submit EB-1A petitions, professionals in other fields such as art and design, business, education, health care, engineering, etc., may also qualify.  When in doubt, one should obtain a professional evaluation of their qualifications. 

E-2 Visa

For entrepreneurs who are interested in starting up a small business in the U.S., the E-2 Treaty Investor visa may be the answer.  Their spouses and children may also live, work and study in the U.S. To apply for an E-2 visa, one's country of citizenship (not birth) must have a commerce treaty with the U.S.  Most European and Asian countries are eligible.  Please see our previous article for details. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Deferred Enforced Departure (DED) Authorized for Palestinians

On Feb. 14, 2024, President Biden signed a memorandum authorizing Palestinians 18 months of Deferred Enforced Departure and work authorization.

May 2024 Visa Bulletin: Family Categories Advance

The State Department has released the May visa bulletin. Priority dates for family-sponsored cases advance significantly in almost all categories, while employment-based categories remain unchanged. 

In May, USCIS will accept adjustment of status (I-485 application) based on filing dates for family-sponsored cases and final action dates for employment-based cases. 

AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-Sponsored		Other Countries	China	India	Mexico	Philippines
F1	AD	07/08/2015	07/08/2015	07/08/2015	10/15/2001	03/01/2012
	FD	09/01/2017	09/01/2017	09/01/2017	04/01/2005	04/22/2015
F2A	AD	06/01/2021	06/01/2021	06/01/2021	11/08/2020	06/01/2021
	FD	09/01/2023	09/01/2023	09/01/2023	09/01/2023	09/01/2023
F2B	AD	04/01/2016	04/01/2016	04/01/2016	03/01/2004	10/22/2011
	FD	01/01/2017	01/01/2017	01/01/2017	08/01/2004	10/01/2013
F3	AD	01/01/2010	01/01/2010	01/01/2010	07/22/1999	08/01/2002
	FD	06/01/2010	06/01/2010	06/01/2010	06/15/2001	11/08/2003
F4	AD	07/22/2007	07/22/2007	01/15/2006	01/22/2001	09/08/2003
	FD	03/01/2008	03/01/2008	06/15/2006	04/22/2001	06/01/2004

1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).
2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)

Employment-based		Other Countries	China	India	Mexico	Philippines
EB-1	AD	C	09/01/2022	03/01/2021	C	C
	FD	C	01/01/2023	04/01/2021	C	C
EB-2	AD	01/15/2023	02/01/2020	04/15/2012	01/15/2023	01/15/2023
	FD	02/15/2023	06/01/2020	05/15/2012	02/15/2023	02/15/2023
EB-3	AD	11/22/2022	09/01/2020	08/15/2012	11/22/2022	11/22/2022
	FD	02/01/2023	07/01/2021	09/15/2012	02/01/2023	01/01/2023
Other Workers	AD	10/08/2020	01/01/2017	08/15/2012	10/08/2020	05/01/2020
	FD	12/15/2020	06/01/2017	09/15/2012	12/15/2020	05/15/2020
EB-4	AD	11/01/2020	11/01/2020	11/01/2020	11/01/2020	11/01/2020
	FD	12/01/2020	12/01/2020	12/01/2020	12/01/2020	12/01/2020
EB-5	AD	C	12/15/2015*	12/01/2020*	C	C
	FD	C	01/01/2017	04/01/2022	C	C

1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: “Special Immigrants” (Religious & others)

5th: Employment Creation (Investors)

*China and India EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Foreign Students Affected by School Loss of Accreditation

 

Foreign students studying or intending to study in the United States often navigate a complex landscape of regulations and requirements. Recently, significant changes have occurred that directly affect foreign students, particularly those enrolled in English language programs and STEM fields. 

On August 19, 2022, the U.S. Department of Education (ED) made a crucial announcement that has repercussions for students under the Accrediting Council for Independent Colleges and Schools (ACICS). Specifically, the federal government had formally terminated its recognition of ACICS as an accrediting agency for quality and compliance issues. Schools that were was granted accreditation through ACICS also lost their accredited status. Stratford University is one such example. 

Implications for English Language Study Programs

One immediate effect of the ED's decision is on English language study programs. The Accreditation of English Language Training Programs Act requires such programs to be accredited. With ACICS no longer recognized as an accrediting agency, students enrolled in English language programs at ACICS-accredited schools may face challenges. It's essential for affected students to communicate promptly with their Designated School Officials (DSOs) to understand how this decision impacts their status and immigration benefits applications.

Impact on STEM OPT Extension Program

Furthermore, the ED's decision impacts F-1 students applying for a 24-month STEM Optional Practical Training (OPT) extension. To qualify for this extension, students must have a degree from an accredited institution. Since ACICS accreditation is no longer recognized, F-1 students with degrees from ACICS-accredited institutions may face denials when applying for STEM OPT extensions. It's crucial for affected students to ensure they meet the accreditation requirements by seeking guidance from their DSOs and exploring alternative options.

Other Considerations

The consequences of ACICS's loss of recognition extend beyond English language programs and STEM OPT extensions. Degrees conferred by ACICS-accredited institutions after August 19, 2022, may not qualify for certain immigration benefits, such as the H-1B advanced degree exemption. Additionally, institutions solely accredited by ACICS may no longer qualify for H-1B cap exemptions or other fee exemptions.

Next Steps for Affected Students

Foreign students impacted by these changes must take proactive steps to safeguard their academic and immigration statuses. This may include exploring alternative institutions with recognized accreditations, understanding the implications for their specific circumstances, and seeking guidance from immigration advisors and DSOs.

In conclusion, the ED's decision to no longer recognize ACICS as an accrediting agency has significant implications for foreign students in the United States. It underscores the importance of staying informed, seeking guidance, and adapting to changes in the educational and immigration landscape.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

USCIS Extends EAD Renewal Period Up to 540 Days

 

USCIS has recently introduced a temporary final rule (TFR) that brings significant changes to the renewal process for Employment Authorization Documents (EADs).

Extended Renewal Period:

Effective from April 8, 2024, the temporary final rule extends the automatic extension period for expiring EADs. Previously set at up to 180 days, this extension period is now increased to up to 540 days from the expiration date stated on the EAD. This extension provides vital support to individuals with pending EAD renewal applications, aiming to prevent gaps in employment authorization and documentation.

Key Changes and Eligibility:

The extended renewal period applies to applicants who timely and properly filed their Form I-765, Application for Employment Authorization, on or after October 27, 2023, which is still pending.

It also applies to other eligible applicants who file EAD renewal applications between April 8, 2024 and September 30, 2025.

Eligibility EAD Categories for Automatic Extension:

• Noncitizens admitted as refugees (A03)
• Noncitizens granted asylum (A05)
• Noncitizens admitted as parents or dependent children of noncitizens granted permanent residence under section 101(a)(27)(I) of the INA
• Noncitizens admitted to the United States as citizens of the Federated States of
Micronesia, the Republic of the Marshall Islands, or the Republic of Palau pursuant to agreements between the United States and the former trust territories (A08)
• Noncitizens granted withholding of deportation or removal (A10)
• Noncitizens granted TPS, regardless of the employment authorization category on their current EADs (A12)
• Noncitizen spouses of E-1/2/3 nonimmigrants (Treaty Trader/Investor/Australian Specialty Worker) (A17)
• Noncitizen spouses of L-1 nonimmigrants (Intracompany Transferees) (A18)
• Noncitizens who have properly filed applications for TPS and who have been deemed prima facie eligible for TPS and have received an EAD as a “temporary treatment benefit” (C19)
• Noncitizens who have properly filed applications for asylum and withholding of deportation or removal (C08)
• Noncitizens who have filed applications for adjustment of status to lawful permanent resident (C09)
• Noncitizens who have filed applications for suspension of deportation, cancellation of removal pursuant, or special rule cancellation of removal (C10)
• Noncitizens who have filed applications for creation of record of lawful admission for permanent residence (C16)
• Noncitizens who have properly filed legalization applications (C20) & (C22)
• Noncitizens who have filed applications for adjustment of status pursuant to the Legal Immigration Family Equity Act (C24)
• Certain noncitizen spouses (H-4) of H-1B nonimmigrants with an unexpired Form I-94 showing H-4 nonimmigrant status (C26)
• Noncitizens who are the principal beneficiaries or derivative children of approved Violence Against Women Act (VAWA) (C31).

Proof of Eligibillity:

Eligible renewal applicants can present their qualifying EAD and Form I-797C receipt notice indicating the same employment eligibility category as their underlying EAD to prove automatic extension.

For EAD renewal applications filed after the end of the 540-day filing period established by the rule, the automatic extension period will revert to up to 180 days.

USCIS previously had adopted a 540-day automatic extension period. By reusing this extended extension period, USCIS aims to prevent hundreds of thousands of EAD renewal applicants from facing lapses in employment authorization and documentation through no fault of their own.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Immigration Medical Exam Valid Indefinitely Under New Policy

 

Recently, U.S. Citizenship and Immigration Services (USCIS) released policy guidance that significantly alters the validity period of Form I-693, the Report of Immigration Medical Examination and Vaccination Record.

New Policy: Effective April 4, 2024, USCIS has implemented a new policy regarding the validity period of Form I-693: Forms I-693 completed and signed by a civil surgeon on or after November 1, 2023, do not expire. This means that they retain their evidentiary value indefinitely, providing assurance to applicants and streamlining the immigration process.

USCIS collaborated with the Centers for Disease Control and Prevention (CDC) to arrive at this decision.

Previous Policy: For forms completed before November 1, 2023, the prior policy remains in effect. These forms retain their evidentiary value for two years from the date of the civil surgeon's signature. However, certain exceptions apply, such as those for Operation Allies Welcome parolees.

USCIS Officer Discretion: Despite the validity of Form I-693, USCIS officers have the discretion to request additional evidence or a new medical examination if there are reasons to believe that the applicant's medical condition has changed or if the existing form does not accurately reflect their health status.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)