INTRODUCTION

December 2024 was a very active month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

1. USCIS Mandated Submission of Immigration Medical Examination and Vaccination Record with Form I-485 For Certain Applicants
2. USCIS Reached H-1B Cap for FY 2025 
3. Guidelines For Employers on Documenting Employee Referral Programs 
4. U.S. Embassy Announced Centralization of Non-Immigrant Visa Appointments in India 
5. USCIS Rolled Out New Form I-485: Effective February 10, 2025
6. DHS Permanently Extended EAD Auto-Renewal To 540 Days for Certain Categories; Starting January 13, 2025
7. State Department’s January 2025 Visa Bulletin Summary   
8. USCIS Announced Shorter Lockbox Receipt Notice Processing Times
9. Restrictions in Rescheduling of Visa Appointments

We at GLF post regular updates on our Google, LinkedIn, Twitter, and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s various social media handles for December 2024.

USCIS MANDATED SUBMISSION OF IMMIGRATION MEDICAL EXAMINATION AND VACCINATION RECORD WITH FORM I-485 FOR CERTAIN APPLICANTS

USCIS requires specific applicants filing Form I-485(Application to Register Permanent Residence or Adjustment of Status) to include Form I-693 (Report of Immigration Medical Examination and Vaccination Record), at the time of submission. 

Applications that do not include Form I-693, completed and signed by a designated civil surgeon, may be rejected. This requirement ensures applicants meet the health-related criteria for admissibility, confirming they are free of conditions that could render them inadmissible. 

By mandating simultaneous submission, USCIS aimed to reduce processing delays and the issuance of Requests for Evidence (RFE).

USCIS REACHED H-1B CAP FOR FY 2025 

USCIS reached the congressionally mandated limits for the FY 2025 H-1B program, including the 65,000 regular cap and the 20,000 advanced degree exemption, commonly known as the master’s cap.

Non-selection notices will be issued to registrants via their online accounts in the coming days. Once all notices are sent, the status for unselected registrations will update to “Not Selected,” confirming ineligibility to file an H-1B cap petition for FY 2025. 

In May 2025, USCIS had released data on the FY 2025 H-1B Registration period where in USCIS had selected 120,603 registrations for 114,017 Beneficiaries. So, there were duplicate registrations, but the number of duplicates were far less; indicating that the duplicates are likely valid and not coordinated. USCIS received 1.06 registrations per Beneficiary this year, whereas last year it was 1.7 (or nearly 2 registrations for every Beneficiary). The total number of eligible registrations was 470,342 this year far less than the 758,994 last year. So, this data tells us that Beneficiary-Centric Registration is working, and duplicate registrations are down significantly.

USCIS will continue to accept and process petitions exempt from the cap, including Extensions, Amendments, Transfers, Concurrent and H-1B New (Cap Exempt) petitions.

GUIDELINES FOR EMPLOYERS ON DOCUMENTING EMPLOYEE REFERRAL PROGRAMS  

An Employee Referral Program (ERP) in the PERM labor certification process helps employers meet recruitment requirements by using an incentive-based referral system. BALCA’s guidelines, based on Matter of Sanmina-SciCorp and Matter of ZS Associates, Inc., outline the criteria employers must follow. 

Employers must meet the following three-prong test: 

• The ERP must offer formal incentives for employee referrals. 
• The employer must demonstrate that the ERP was active during the recruitment period. 
• The employer must show that employees were informed about the specific job opportunity. 

ERP Documentation Guidelines for Employers: 

• Incentive Structure: Document formal referral incentives, ensure the program was active during the recruitment period, and provide dated copies of notices or memoranda advertising the program and specifying the incentives offered. 
• Employee Awareness: Use internal communications (e.g., intranet, emails) to inform employees about job openings and keep dated records. 
• Avoid Sole Reliance on NOF: Don’t rely only on the Notice of Filing (NOF); include additional proof, such as intranet postings. 
• Transparency: Avoid actions that could suggest pre-selecting a foreign worker. 

BALCA confirmed that a NOF or intranet posting with NOF language could serve as valid notice of a job opening under the ERP, as long as it met regulatory requirements by notifying employees of the job opportunity.

U.S. EMBASSY ANNOUNCED CENTRALIZATION OF NON-IMMIGRANT VISA APPOINTMENTS IN INDIA

The U.S. Embassy and Consulates in India centralized the processing of Non-Immigrant Visa cases to enhance efficiency and to address the increasing demand for U.S. travel from India. The key updates include: 

1. For H-1B and L-1 visas, first-time interview appointments will now be exclusively conducted at the new consulate facility in Nanakramguda, Hyderabad, which is equipped with 54 state-of-the-art counters and has the capacity to process up to 3,500 visas daily. 
2. For B-1/B-2 visas, Dropbox (interview waiver) appointments will be processed exclusively in New Delhi. 
3. The H-1B and L-1 Dropbox appointments will be processed solely in Chennai. 

Applicants can submit their documents at any of the five Visa Application Centres (Chennai, Hyderabad, Kolkata, Mumbai, or New Delhi) for free or at one of six Document Dropoff Centres (Ahmedabad, Bangalore, Chandigarh, Cochin, Jalandhar, or Pune.) for a fee of ₹850. 

 If a consulate requires an in-person interview after a Dropbox submission, applicants must visit the designated centralized consulate. The processing of Blanket L visas will remain unchanged in Chennai and no updates have been issued regarding the processing of first-time B-1/B-2 or F-1 visas. 

USCIS ROLLED OUT NEW FORM I-485: EFFECTIVE FEBRUARY 10, 2025

On December 10, 2024, USCIS unveiled a revised edition of Form I-485, bringing important changes aimed at streamlining the immigration process. Effective February 10, 2025, the new form edition of 10/24/2024 will be required, and older versions will no longer be accepted. 

1. Applicants who need to submit Form I-693 (Medical Examination and Vaccination Record) must now submit it with their Form I-485. Missing this could lead to rejection of your application. 
2. The previously required Form I-864W (Affidavit of Support Exemption) has been eliminated. Applicants can now request exemptions directly on the I-485 form. 
3. The updated form now includes more specific questions about the public charge ground of inadmissibility, helping to clarify eligibility and streamline the review process. 

With clearer instructions, USCIS made it easier for applicants to navigate the complexities of the adjustment of status application, ultimately reducing the potential for delays. 

DHS PERMANENTLY EXTENDED EAD AUTO-RENEWAL TO 540 DAYS FOR CERTAIN CATEGORIES; STARTING JANUARY 13, 2025

On December 10, 2024, the Department of Homeland Security (DHS) announced a final rule to permanently increase the automatic extension period for certain work permit (I-765 – EAD) renewals from 180 days to 540 days. The rule becomes effective on January 13, 2025, covering timely filed EAD renewal applications pending or filed on or after May 4, 2022. 

This policy change not only provides greater stability for eligible noncitizens but also ensures that U.S. employers can retain valuable workers without unnecessary interruptions. 

Eligible categories are listed in the following table:  

1. (a)(3) Refugees
2. (a)(5) Asylees
3. (a)(7) N-8/N-9
4. (a)(8) Citizens of Micronesia/Marshall Islands/Palau
5. (a)(10) Those with Withholding of Deportation or Removal
6. (a)(12) Temporary Protected Status (TPS) Granted
7. (a)(17) Spouse of E Non-immigrant with an unexpired I-94
8. (a)(18) Spouse of L-1 Non-immigrant with an unexpired I-94 showing L-2S
9. (c)(8) Pending Asylum cases
10. (c)(9) Pending Adjustment of Status
11. (c)(10) Cancellation of Removal/Suspension of Deportation cases
12. (c)(16) Creation of Record (Adjustment Based on Continuous Residence)
13. (c)(19) Prima Facie TPS
14. (c)(20)/(c)(22) Legalization cases – Section 210
15. (c)(24) LIFE Legalization – Section 245A
16. (c)(26) Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 status
17. (c)(31) VAWA Self – Petitioners

STATE DEPARTMENT’S JANUARY 2025 VISA BULLETIN SUMMARY   

State Department issued the January 2025 Visa Bulletin and here are the highlights:  

1. Adjustment of Status for Family Sponsored filing as well as Employment Based filing must use the Dates of Filing Chart.  
2. Final action dates for Family sponsored F1 Category for India had advanced from October 22, 2015, to November 22, 2015, and Dates for Filing (September 01, 2017) had not changed. 
3. Final action dates (January 1, 2022) and Dates for Filing (July 15, 2024) for Family sponsored F2A category for India had remained unchanged.  
4. Final Action dates EB-1 category (February 01, 2022), and Dates for Filing (April 15, 2022) had not changed.  
5. Final action dates EB-2 category has advanced from August 1, 2012, to October 1, 2012, and Dates for Filing for India (January 1, 2013) had not changed. 
6. Final action dates EB-3 category has advanced from November 8, 2012, to December 1, 2012, and Dates for Filing (June 8, 2013) had not changed. 
7. Final action dates for Certain Religious Workers are marked as Unauthorized and Dates for Filing for India (February 01, 2021) had not changed. 
8. The DV-2025 annual limit will be reduced to approximately 52,000. 

USCIS ANNOUNCED SHORTER LOCKBOX RECEIPT NOTICE PROCESSING TIMES

USCIS had updated its timelines for Lockbox receipt and fee processing to reduce delays. Application processing times got reduced to three business days for cases not needing further review. Cases requiring additional review will now be processed within 15 business days, down from over a month. 

Additional review is needed if the Lockbox contractor finds issues like incorrect fees or incomplete applications. USCIS will only process the fee if the submission is accepted; otherwise, the fee and application will be returned. 

Applicants should email the USCIS Lockbox support team at lockboxsupport@uscis.dhs.gov if receipt delays go beyond 15 business days. 

RESTRICTIONS IN RESCHEDULING OF VISA APPOINTMENTS

Starting January 1, 2025, applicants will be allowed to reschedule their visa appointments only once using the existing visa fee receipt. Any additional rescheduling requires a new appointment and full repayment of the application fees.

Non-immigrant visa applicants will have the flexibility to select their initial appointment and reschedule it once if needed. However, if an applicant misses their appointment or needs to reschedule a second time, they must pay the full application fee again. Applicants are strongly encouraged to select a date they are confident they can attend. These changes aim to ensure fair access to visa appointments and reduce wait times.

SIGN UP FOR GLF NEWSLETTER 

At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails, and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate facts from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters.  We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all of our earlier GLF Newsletters on our website

The post GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR DECEMBER 2024 appeared first on GokareLPO.

From our beginnings to today, Gokare Law Firm has been guided by a commitment to our clients, the relentless pursuit of justice, and the highest standards of service. As we look forward to the years ahead, we remain dedicated to evolving and expanding our impact in the legal field.

To all who joined us and to those who’ve been part of this journey over the years—thank you for your unwavering support. Here’s to many more years of shared success, growth, and service.

– Manjunath Gokare Shilpa Gokare

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October 2024 was a very active month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

1. USCIS Introduced PDF Filing for Eligible EAD Applicants
2. USCIS Clarified Guidelines on Expedited Requests
3. USCIS Unveiled New Form I-131: No Grace Period, Effective Immediately
4. USCIS Clarified Criteria for Extraordinary Ability in EB-1 Petitions
5. State Department’s November 2024 Visa Bulletin Summary

We at GLF post regular updates on our Google, LinkedIn, Twitter, and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s various social media handles for October 2024.

USCIS INTRODUCED PDF FILING FOR ELIGIBLE EAD APPLICANTS

USCIS introduced a PDF filing option for eligible applicants seeking an Employment Authorization Document (EAD). This allowed certain applicants to upload completed Form I-765 and necessary supporting documents in PDF format through their USCIS online account. Notably, this was the first time fee waiver requests (Form I-912) could be submitted electronically. The PDF filing option was available for Form I-765 applicants in the following categories:

1. (a)(12): Granted Temporary Protected Status (TPS)
2. (c)(8): Asylum application pending filed on or after Jan. 4, 1995
3. (c)(9): Certain family-based and employment-based applicants pending adjustment of status under Section 245 of the Immigration and Nationality Act
4. (c)(11): Parolee
5. (c)(19): Pending initial application for TPS where USCIS determined the applicant is eligible for TPS and can receive an EAD as a “temporary treatment benefit”

USCIS planned to expand this feature to include filings by attorneys and accredited representatives, as well as additional form types in the future. Applicants could still choose to file paper applications via mail.

USCIS CLARIFIED GUIDELINES ON EXPEDITED REQUESTS

USCIS clarified its approach to expedite requests for government interests, emergencies, and urgent humanitarian situations, including travel-related requests, effective immediately.

USCIS could expedite cases identified as urgent by federal, state, tribal, territorial, or local governments involving public interest, safety, national interest, or security.

For individuals in the U.S. with pressing travel needs, USCIS could expedite adjudication of Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records for both planned and unplanned events, which could be for professional, academic, or personal commitments.

For planned travel, USCIS assessed whether:

1. The applicant had timely filed Form I-131, and
2. The processing times would allow for the issuance of a travel document within the planned date of departure.

Requestors could submit expedite requests via USCIS online tools, enabling evidence upload if they had an online account. USCIS informed requestors of expedite request decisions through the USCIS Contact Center.

USCIS UNVEILED NEW FORM I-131: NO GRACE PERIOD, EFFECTIVE IMMEDIATELY

On October 11, 2024, USCIS released a new edition of Form I-131, introducing significant changes to both the form and the internal intake process.

Following this release, USCIS only accepted the new 06/17/24 edition of Form I-131. Submissions using the previous 04/01/24 edition had to be postmarked before October 11, 2024, to be accepted. Any old edition of Form I-131 postmarked on or after October 11, 2024, was rejected. There was no filing grace period for this transition.

Applicants were advised to ensure they used the correct form to avoid delays.

USCIS CLARIFIED CRITERIA FOR EXTRAORDINARY ABILITY IN EB-1-A PETITIONS

USCIS issued a new policy update on October 2, 2024, to provide clearer guidelines on the EB-1-A eligibility criteria and clarify the type of documents that could be submitted as evidence of a Petitioner’s Extraordinary Ability.

Following were the brief highlights:

1. Receipt of Team awards would now be considered under the criterion for “lesser nationally or internationally recognized prizes or awards for excellence”
2. Past memberships in associations related to the individual’s field of expertise would also be accepted under the membership criterion
3. Removed language that published material must demonstrate the value of a person’s work and contributions to satisfy the criterion

USCIS explained that for the EB-1-A visa, “exhibition” mainly referred to artistic displays. Non-artistic exhibitions would be considered if properly supported by comparable evidence.

This guidance is controlling and supersedes any related previous guidance on the topic.

STATE DEPARTMENT’S NOVEMBER 2024 VISA BULLETIN SUMMARY

The State Department issued the November 2024 Visa Bulletin with the following highlights:

1. Adjustment of Status for Family Sponsored filing as well as Employment Based filing must use the Dates of Filing Chart.
2. Final action dates (October 22, 2015) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India had not changed.
3. Final action dates for Family sponsored F2A category India advanced from November 22, 2021, to January 1, 2022, and Dates for Filing (July 15, 2024) remained unchanged.
4. Final Action dates EB-1 category (February 01, 2022), and Dates for Filing (April 15, 2022) had not changed.
5. Final action dates EB-2 category (July 15, 2012), and Dates for Filing for India (January 1, 2013) had not changed.
6. Final action dates EB-3 category (November 1, 2012), and Dates for Filing (June 8, 2013) had not changed.
7. Final action dates for Certain Religious Workers (January 1, 2021), and Dates for Filing for India (February 01, 2021) had not changed.
8. The DV-2025 annual limit will be reduced to approximately 51,350.

SIGN UP FOR GLF NEWSLETTER 

At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails, and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate facts from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters. 

We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all of our earlier GLF Newsletters on our website. 

The post GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR OCTOBER 2024 appeared first on GokareLPO.

August and September 2024 were very active months for US Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous US Immigration matters including: 

1. USCIS Started Implementing the “Parole in Place” Program
2. State Department’s September 2024 Visa Bulletin Summary 
3. State Department’s October 2024 Visa Bulletin Summary
4. Annual Limit has Reached in the EB-2 Category
5. USCIS Extended the Green Card Validity Extension to 36 Months for Green Card Renewals

We at GLF post regular updates on our Google, LinkedIn, Twitter, and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s various social media handles for August and September 2024.  

USCIS STARTED IMPLEMENTING THE “PAROLE IN PLACE” PROGRAM 

On August 19, 2024, DHS implemented “Keeping Families Together”, allowing certain noncitizen spouses and stepchildren of U.S. citizens to request “Parole in Place” under existing statutory authority. USCIS began accepting requests from eligible individuals on the same date. DHS estimates that 500,000 noncitizen spouses and 50,000 stepchildren of U.S. citizens could be eligible to access “Keeping Families Together”.  

Individuals must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. The filing fee is $580, and no fee waiver requests will be accepted. 

If granted parole, these noncitizens may apply for adjustment of status to that of a lawful permanent resident without being required to leave the United States and be processed by a U.S. consulate overseas.  

In order to be eligible for consideration, noncitizen spouses of U.S. citizens must: 

1. Be present in the United States without admission or parole; 
2. Have been continuously physically present in the United States since at least June 17, 2014; 
3. Have a legally valid marriage to a U.S. citizen on or before June 17, 2024; and  
4. Submit biometrics and have no disqualifying criminal history. 

Noncitizen stepchildren: 

1. Have been under the age of 21 and unmarried on June 17, 2024; 
2. Be present in the United States without admission or parole; 
3. Have been continuously physically present in the United States since at least June 17, 2024; 
4. Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before their 18th birthday; and 
5. Submit biometrics and have no disqualifying criminal history. 

STATE DEPARTMENT’S SEPTEMBER 2024 VISA BULLETIN SUMMARY  

State Department issued the September 2024 Visa Bulletin and here are the highlights:  

• Adjustment of Status for Family Sponsored filing must use the Dates of Filing Chart and Employment Based filing must use Final Action Dates chart.  
• Final action dates (October 22, 2015) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India have not changed. 
• Final actions date (November 15, 2021) and Dates for Filing (June 15, 2024) for Family sponsored F2A category India have not changed.  
• Final Action dates (February 01, 2022) and Dates for Filing (February 08, 2022) for EB-1 category India have not changed.  
• Final action dates (July 15, 2012, ) and Dates for Filing (July 22, 2012) for  EB-2 category India have not changed  
• Final action dates (October 22, 2102) and Dates for Filing (November 01, 2012) for EB-3 category India have not changed. 
• Final action dates (January 01, 2021) and Dates for Filing (February 01, 2021) for Certain Religious Workers India have not changed 
• The DV-2024 annual limit will be reduced to approximately 54,843. 

STATE DEPARTMENT’S OCTOBER 2024 VISA BULLETIN SUMMARY  

State Department issued the October 2024 Visa Bulletin and here are the highlights:  

• Adjustment of Status for Family Sponsored filing as well as Employment Based filing must use the Dates of Filing Chart.  
• Final action dates (October 22, 2015) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India have not changed. 
• Final action dates for Family sponsored F2A category India have advanced from November 15, 2021, to November 22, 2021, and Dates for Filing have advanced by a month from June 15, 2024, to July 15, 2024.  
• Final Action dates EB-1 category (February 01, 2022) have not changed, and Dates for Filing for India have advanced from February 08, 2022, to April 15, 2022.  
• Final action dates EB-2 category (July 15, 2012) has not changed, and Dates for Filing for India have advanced from July 22, 2012, to January 1, 2013. 
• Final action dates EB-3 category has advanced from October 22, 2012, to November 1, 2012, and Dates for Filing have also advanced for India from November 01, 2012, to June 8, 2013. 
• Final action dates for Certain Religious Workers are marked as Unauthorized and Dates for Filing for India (February 01, 2021) have not changed. 
• The EB-4 Non-Minister Religious Worker program will become unavailable on September 30, 2024, unless it is reauthorized by legislation. 
• The DV-2025 annual limit will be reduced to approximately 51,350. 

ANNUAL LIMIT HAS REACHED IN THE EB-2 CATEGORY 

The U.S. Department of State on Monday announced that all EB-2 visas for fiscal year 2024 have been issued. The Immigration and Nationality Act (INA) restricts the number of employment-based preference immigrant visas issued each fiscal year. Under INA 203(b)(2), the annual limit for EB-2 visas is set at 28.6 percent of the worldwide employment limit. As a result, no more EB-2 visas will be issued until the new fiscal year on October 1, 2024. 

USCIS EXTENDED THE GREEN CARD VALIDITY EXTENSION TO 36 MONTHS FOR GREEN CARD RENEWALS

USCIS announced that effective September 10, 2024, it would be automatically extending the permanent resident card for 36 months for Lawful Permanent residents who file for an application to Replace Permanent Resident Card (Form I-90). Prior to this announcement, the validity period was a 24-month extension of validity. The extension period is calculated from the date of expiration noted on the green card. Form I-90 receipt notices are updated with the new language for qualifying individuals. On Sept. 10, USCIS began printing amended receipt notices for individuals with a pending Form I-90. The receipt notice can be used alongside the expired Green Card as proof of continued legal status.  

If an individual no longer has a Green Card or additional proof of lawful permanent resident status is needed while awaiting receipt of a replacement Green Card, individuals can request an appointment at USCIS field office. For qualifying individuals, an Alien Documents, Identification, and Telecommunications (ADIT) stamp may be issued following the filing of Form I-90. For mailing address changes while awaiting a pending application, the individual’s USCIS online account should be updated. 

SIGN UP FOR GLF NEWSLETTER 

At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails, and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate facts from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters.  We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all of our earlier GLF Newsletters on our website

The post GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR AUGUST AND SEPTEMBER 2024  appeared first on GokareLPO.

May and June 2024 were very active months for US Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous US Immigration matters including: 

1. Texas Service Center Reopens after Severe Weather Closure 
2. Presidential Proclamation for Securing US-Mexico Land Border  
3. President Biden Announces Executive Action to Promote Family Unity 
4. State Department’s July 2024 Visa Bulletin Summary  
5. DOL Consolidates Resources: Flag – Your One-Stop Hub 
6. State Department’s June 2024 Visa Bulletin Summary 
7. USCIS has Released FY 2025 H-1b Registration Data 

We at GLF post regular updates on our Google, LinkedIn, Twitter, and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s various social media handles for May and June 2024.  

TEXAS SERVICE CENTER REOPENS AFTER SEVERE WEATHER CLOSURE 

 On May 28, 2024, the Texas Service Center temporarily suspended intake of petitions, applications, and other benefit requests due to severe weather. Operations resumed on June 3, 2024, and normal intake process was restarted. 

In most cases, courier services reattempted delivery of documents. No action was required from petitioners or applicants. If your petition or application was returned, refile it as soon as possible. Petitioners or applicants affected by the disruption may request filing flexibilities, which USCIS will consider case-by-case. 

According to 8 CFR 106.4(e)(22), the premium processing clock does not run on any business day when a federal office is closed due to weather-related events. This affects cases received but not yet transferred to an adjudicating office and cases undelivered due to the closure. 

If your petition or application is returned, refile it promptly. If affected by the disruption, request filing flexibilities from USCIS. For premium processing cases, be aware that the processing clock was paused during the closure period.  

PRESIDENTIAL PROCLAMATION FOR SECURING US-MEXICO LAND BORDER  

President Biden issued a Presidential Proclamation on June 4, 2024, to address the historic levels of illegal migration on the “southwest land border” between US and Mexico.  The Proclamation took effect 12:01 am Eastern Daylight Time on June 5.  The Proclamation is intended to restore order to the Asylum process that has broken down due to unprecedented levels of illegal crossings.  The “Lawful Pathways” Rule had established a lawful manner through the CBP One Mobile App for noncitizens to schedule a time at a Port of Entry.  However, December 2023 saw the highest levels of illegal crossing and people are not using the CBP One App.   

To address this crisis, in the absence of congressional action, this Proclamation took effect at 12:01 am Eastern on the calendar day immediately after the Secretary made a factual determination that there has been a 7-consecutive-calendar-day average of 2,500 encounters or more.  The proclamation shall be discontinued at 12:01 am Eastern 14 days after the Secretary has made a factual determination that there has been a 7-consecutive-calendar-day average of less than 1,500 encounters.  

However, the above restrictions will not apply to unaccompanied children from non-contiguous countries, victims of human trafficking, migrants who use legal pathways to enter US including via CBP One process, or those facing serious medical emergencies or threats to their lives. 

PRESIDENT BIDEN ANNOUNCES EXECUTIVE ACTION TO PROMOTE FAMILY UNITY 

On June 18, 2024, President Biden announced an Executive Action allowing certain undocumented immigrant spouse and children of US citizens to apply for permanent residency without leaving US. This action will protect approximately 500,000 noncitizen spouses, and 50,000 noncitizen minors and stepchildren.  Current law does not allow undocumented spouses of US Citizens to adjust status in US; they must consular process in their home country, which creates the uncertainty whether they will even be allowed to return to US.  This key change of allowing people to apply for permanent residence in US, keeps families intact, a goal of this Executive Action.  

To be eligible, the non-citizen spouse must meet the following criteria, as of June 17, 2024: 

1. Be present in the US without admission or parole; 
2. Have resided in the US for at least 10 years; 
3. Be legally married to a US citizen; and 
4. Not pose a threat to public safety or national security. 

Those who meet above criteria can apply for approval from the DHS, which will be scrutinized on a case-by-case basis. Those approved will be afforded three years to apply for permanent residency and be eligible for work permit for up to three years. The application process is expected to open by the end of summer. 

Additionally, the Administration is taking action to quicken the work-visa process for DACA recipients and other Dreamers who have earned a degree at a US college and have a high-skilled job offer. 

STATE DEPARTMENT’S JULY 2024 VISA BULLETIN SUMMARY  

State Department issued the July 2024 Visa Bulletin and here are the highlights: 

1. Adjustment of Status for Family Sponsored filing must use the Dates of Filing Chart and Employment Based filing must use Final Action Dates chart. 
2. Final action dates for Family sponsored F1 Category have advanced from July 08, 2015, to October 22, 2015  
3. Final actions date F2A category for India (November 15, 2021) have not changed.  
4. Filing dates chart for family sponsored F1 Category (September 01, 2017) have not changed and F-2A category have advanced from September 01, 2023, to November 01, 2023. 
5. Final Action dates for EB-1 category India have advanced from March 01, 2021, to February 01, 2022, and the Dates for Filing have advanced from April 01, 2021, to February 08, 2022.
6. Final action dates EB-2 category India have advanced from April 15, 2012, to June 15, 2012, and the Dates for filing have advanced from May 15, 2012, to June 22, 2012. 
7. Final action dates EB-3 category India have advanced from August 22, 2012, to September 22, 2012, and Dates for filing have advanced from September 15, 2012, to October 01, 2012.
8. Final action dates for Certain Religious Workers India have advanced from November 01, 2020, to January 01, 2021, and Dates for filing have advanced from December 01, 2020, to February 01, 2021.
9. The DV-2024 annual limit will be reduced to approximately 54,850. 

DOL CONSOLIDATES RESOURCES: FLAG – YOUR ONE-STOP HUB 

Effective July 1, 2024, the Department of Labor (DOL) will discontinue FLCDataCenter.com, previously used for obtaining prevailing wage determinations for LCA filing and permanent labor certifications. However, prevailing wage data from the Occupational Employment and Wage Statistics Survey will still be available. You can access this information through the OFLC Wage Search tool on the FLAG website, where DOL is consolidating resources such as PERMs, PWD Wage Determinations, LCAs, and Prevailing Wage Data, making it your comprehensive source for labor-related information. 

OFLC Wage Data Search tool can be accessed here: https://flag.dol.gov/wage-data/wage-search  

STATE DEPARTMENT’S JUNE 2024 VISA BULLETIN SUMMARY 

State Department issued the June 2024 Visa Bulletin and here are the highlights: 

1. Adjustment of Status for Family Sponsored filing was required to use the Dates of Filing Chart and Employment Based filing must use Final Action Dates chart.  
2. Final action dates for Family sponsored F1 Category (July 08, 2015) had not changed.  
3. Final actions date F2A category for India had advanced from June 1, 2021, to November 15, 2021.  
4. Filing dates chart for family sponsored F1 Category (September 01, 2017) and F-2A category (September 01, 2023) for India had not changed.  
5. Final Action dates EB-1 category (March 01, 2021), and the Dates for Filing (April 01, 2021) for India had not changed. 
6. Final action dates EB-2 category (April 15, 2012), and the Dates for filing (May 15, 2012) for India had not changed.  
7. Final action dates EB-3 category had advanced from August 15, 2012, to August 22, 2012 and Dates for filing (September 15, 2012) for India had not changed.  
8. Final action dates (November 01, 2020) and Dates for filing (December 01, 2020) for Certain Religious workers India had not changed.  
9. The DV-2024 annual limit was reduced to approximately 54,850. 

USCIS HAS RELEASED FY 2025 H-1B REGISTRATION DATA 

USCIS released data from the just concluded FY 2025 H-1B Registration period. USCIS has selected 120,603 registrations for 114,017 Beneficiaries. So, there were duplicate registrations, but the number of duplicates were far less; indicating that the duplicates are likely valid and not coordinated.  USCIS received 1.06 registrations per Beneficiary this year, whereas last year it was 1.7 (or nearly 2 registrations for every Beneficiary). The total number of eligible registrations was 470,342 this year, far less than the 758,994 last year. So, this data tells us that Beneficiary-Centric Registration is working and duplicate registrations are down significantly.   

SIGN UP FOR GLF NEWSLETTER 

At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate fact from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters.  We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all of our earlier GLF Newsletters on our website

The post GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR MAY AND JUNE 2024  appeared first on GokareLPO.

Gokare LPO provides professional US student visa (F-1) services to students with admission at US universities. We understand that the F-1 visa process at US Consulates can be confusing and daunting. Our highly trained team is here to help you seamlessly navigate the F-1 visa process at all US Consulates in India.

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The post USCIS HAS RELEASED FY 2025 H-1B REGISTRATION DATA appeared first on GokareLPO.

April 2024 was a very active month for US Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous US Immigration matters including:

1. USCIS Announced New Guidance on Form I-693 Validity Period
2. No EAD/AP Renewal Fees For I-485 Filed Before April 1, 2024,
3. State Department’s May 2024 Visa Bulletin Summary
4. Automatic Extension of EAD from 180 to 540 Days
5. USCIS posted an announcement on H-1B filing location changes and updates for the FY2025 H-1B cap season.
6. Removal Of Preparer Certification Section from New Version of Form I-140

We at GLF post regular updates on our Google Business Page, LinkedIn, Twitter and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of all updates posted on GLF’s various social media handles for April 2024.

USCIS ANNOUNCED NEW GUIDANCE ON FORM I-693 VALIDITY PERIOD

USCIS announced that effective November 1, 2023, any properly completed Form I-693, signed by a civil surgeon, would not expire and could be indefinitely used as evidence of a non-inadmissible health status. USCIS, in consultation with the CDC, had determined that the evidentiary value of Form I-693 should no longer be restricted by a specific timeframe if completed after November 1, 2023. USCIS officers could request updated evidence if they suspected a change in the applicant’s medical condition or if the submitted Form I-693 was inaccurate.

For medical examinations completed before November 1, 2023, the prior policy remained in effect. Forms I-693 completed before this date retained evidentiary value for two years from the date of the civil surgeon’s signature, except for Operation Allies Welcome parolees, whose forms retained value for three years.

NO EAD/AP RENEWAL FEES FOR I-485 FILED BEFORE APRIL 1, 2024

USCIS clarified that if you had already paid for Form I-485 filed on or after July 30, 2007, and before April 1, 2024, then you could continue to renew your Employment Authorization Document (EAD)/Advance Parole (AP) without a filing fee, while your I-485 remained pending.

For EADs filed concurrently with I-485 on or after April 1, 2024, the renewal fee for EAD will be $260. This half-price for EADs applied only when there was a pending I-485 or concurrently filed after April 1, 2024.

However, there was no reduced fee for the renewal of AP, and as such, you had to pay $630 even when your I-485 was pending, which was filed after April 1, 2024.

STATE DEPARTMENT’S MAY 2024 VISA BULLETIN SUMMARY

The State Department issued the May 2024 Visa Bulletin, and here are the highlights:

1. Adjustment of Status for Family Sponsored filings had to use the Dates of Filing Chart, and Employment-Based filings had to use the Final Action Dates chart.
2. Final action dates for the Family Sponsored F1 Category advanced from February 08, 2015, to July 08, 2015.
3. Final action dates for the F2A category for India advanced from September 08, 2020, to June 21, 2021.
4. Filing dates chart for Family Sponsored F1 Category (September 01, 2017), and F-2A category (September 01, 2023) for India remained unchanged.
5. Final Action dates for the EB-1 category (March 01, 2021), and the Dates for Filing (April 01, 2021) for India remained unchanged.
6. Final action dates for the EB-2 category (April 15, 2012), and the Dates for filing (May 15, 2012) for India remained unchanged.
7. Final action dates for the EB-3 category (August 15, 2012), and Dates for filing (September 15, 2012) for India remained unchanged.
8. Final action dates for Certain Religious workers for India changed from unauthorized to November 01, 2020, and Dates for filing (December 01, 2020) remained unchanged.
9. The DV-2024 annual limit will be reduced to approximately 54,850.

AUTOMATIC EXTENSION OF EAD FROM 180 TO 540 DAYS

On April 8, 2024, USCIS published a Temporary Final Rule (TFR) that increased the automatic extension period for eligible employment authorization document (EAD) applications from 180 days to 540 days beyond the current EAD expiration date. It is applicable to pending EAD extension applications filed on or after Oct. 27, 2023, and to EAD extension applications filed between April 8, 2024, and Sept. 30, 2025. The TFR remains effective until Sept. 20, 2027.

Extension of EAD applies in most circumstances (for I-485 applicants, E, L, and H dependent spouses, asylum seekers, and refugees)

To be eligible for the Auto Extension, the applicant must:

1) File the renewal of their EAD before the expiration of the current EAD.
2) Apply for the same category code as their expiring/expired EAD.

However, for H4, E-3S, and L2S dependent spouses, the EAD extension did not exceed the period of stay listed on the most recent approved I-94.

Extension of EAD was issued to applicants whose Temporary Protected Status (TPS) was either granted (A12) or pending (C19).

To be eligible for the Auto Extension, the applicant must:

1. File the renewal of their EAD prior to the conclusion of the current TPS re-registration period.
2. Both the EAD and the Form I-797C had to list either category code as A12 or C19 and were interchangeable.

Completing Form I-9 using an Auto-extended EAD

For existing employees, the employer must update the previously completed I-9 to reflect the new extension dates while the renewal application is pending. For new hires or rehires, the automatic extension is noted on the I-9 form by the employer and the employee with the extended date and receipt number from the form I-797C.

USCIS POSTED ANNOUNCEMENT ON H-1B FILING LOCATION CHANGE AND FY2025 H-1B CAP SEASON UPDATES

The initial registration period for the Fiscal Year (FY) 2025 H-1B cap season concluded at noon Eastern on March 25, 2024. USCIS conducted a random selection process to determine which beneficiaries could file an H-1B cap-subject petition.

Effective April 1, 2024, USCIS changed the filing location for H-1B and H-1B1 (HSC) Form I-129 petitions. Instead of filing at USCIS service centers, all paper-based petitions must be submitted to USCIS lockbox locations. This included cap, non-cap, and cap-exempt filings. Petitions received at USCIS service centers on or after April 1, 2024, were rejected without a grace period provided.

USCIS published a final rule adjusting fees for most immigration applications and petitions, effective April 1, 2024. Petitions postmarked on or after this date had to include the new fees, and there was a new edition of Form I-129, Petition for a Non-immigrant Worker (04/01/24 edition).

On March 25, 2024, USCIS introduced online filing for H-1B cap petitions and related Form I-907 for petitioners with selected registrants starting April 01, 2024.

Effective March 25, prepaid mailers were no longer used for any communication or final notices related to H-1B or H-1B1 (HSC) petitions. USCIS automated the process of printing and mailing petition approval notices via first-class mail, and MyUSCIS account holders received email or text notifications for case status changes, followed by paper notices.

REMOVAL OF PREPARER CERTIFICATION SECTION FROM NEW VERSION OF FORM I-140

On March 1, 2024, USCIS released an updated version of Form I-140, the Immigrant Petition for Alien Worker, effective from April 1, 2024. The new version of Form I-140 no longer includes the Preparer Certification found in Section 10 of the existing version, this change was made to simplify the signature sections of Form I-140 and other related forms, thereby reducing their length and burden. However, attorneys are still advised to submit Form G-28 along with Form I-140 to indicate their representation.

SIGN UP FOR GLF NEWSLETTER

At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate fact from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters. We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all of our earlier GLF Newsletters on our website

The post GLF MONTHLY NEWSLETTER – US IMMIGRATION UPDATES FOR APRIL 2024 appeared first on GokareLPO.

February and March 2024 were very active months for US Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous US Immigration matters including:

1. USCIS Implements Batch Processing of Certain Renewal Applications for Employment Authorization
2. State Department’s April 2024 Visa Bulletin Summary
3. State Department’s March 2024 Visa Bulletin Summary
4. USCIS Announces Increase in Premium Processing Fees and Change in Premium Processing Timeframe

We at GLF post regular updates on our Google, LinkedIn, Twitter, and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s various social media handles for February and March 2024.

USCIS IMPLEMENTS BATCH PROCESSING OF CERTAIN RENEWAL APPLICATIONS FOR EMPLOYMENT AUTHORIZATION

USCIS has started processing renewal applications for specific employment authorization categories in batches to increase efficiency and shorten processing times. Batch processing applies to EAD categories A17, A18, and C26. Batch Processing means that the end validity period will now be the first of the month for all cases irrespective of when the expiration date of the non-immigrant status was in that particular month. As such, the EAD end date may/will be different date than their Form I-94. Filing for an extension before expiration of the EAD as opposed to the I-94 should minimize any effects, ensuring an auto extension of employment authorization to the Form I-94 expiration date. However, practitioners need to diligently monitor EAD and status expiration to prevent work without authorization.

STATE DEPARTMENT’S APRIL 2024 VISA BULLETIN SUMMARY

State Department issued the April 2024 Visa Bulletin, with the following highlights:

• Adjustment of Status for Family Sponsored filing must use the Dates of Filing Chart and Employment Based filing must use Final Action Dates chart.
• Final action dates for Family sponsored F1 Category have not changed (February 08, 2015)
• Final actions date F2A category for India have advanced from June 22, 2020, to September 08, 2020.
• Filing dates chart for family sponsored F1 Category (September 01, 2017) and F-2A category (September 01, 2023) for India have not changed.
• Final Action dates EB-1 category for India have advanced from October 01, 2020, to March 01, 2021, and the Dates for Filing have advanced from January 01, 2021, to April 01, 2021.
• Final action dates EB-2 category for India have advanced from March 01, 2012, to April 15, 2012, and the Dates for filing (May 15, 2012) have not changed.
• Final action dates EB-3 category India have advanced from July 01, 2012, to August 15, 2012, and Dates for filing have advanced from August 01, 2012 to September 15, 2012.
• Final action dates for Certain Religious workers are marked unauthorized, and Dates for filing have advanced from January 01, 2020, to December 01, 2020.
• The DV-2023 annual limit was reduced to 54,850.

STATE DEPARTMENT’S MARCH 2024 VISA BULLETIN SUMMARY

State Department issued the March 2024 Visa Bulletin, with the following highlights:

• Adjustment of Status for Family Sponsored filing was required to use the Dates of Filing Chart and Employment Based filing was required to use Final Action Dates chart.
• Final action dates for Family sponsored F1 Category had advanced from January 01, 2015, to February 08, 2015
• Final actions date F2A category for India had advanced from February 08, 2020, to June 22, 2020
• Filing dates chart for family sponsored F1 Category (September 01, 2017) and F-2A category (September 01, 2023) for India had not changed.
• Final Action dates EB-1 category for India have advanced from September 01, 2020, to October 01, 2020, and the Dates for Filing (January 01, 2021) had not changed.
• Final action dates EB-2 category for India (March 01, 2012), and the Dates for filing (May 15, 2012) had not changed.
• Final action dates EB-3 category India (July 01, 2012) and Dates for filing (August 01, 2012) had not changed.
• Final action dates for Certain Religious workers had advanced from May 15, 2019, to December 01, 2019, and Dates for filing had advanced from September 01, 2019, to January 01, 2020.
• The DV-2023 annual limit was reduced to 54,850.

USCIS ANNOUNCES INCREASE IN PREMIUM PROCESSING FEES AND CHANGE IN PREMIUM PROCESSING TIMEFRAME

USCIS had announced a final rule to implement an inflation adjustment to premium processing fees effective February 26, 2024.

• Form I-129, H-2B or R-1 Non-immigrant visas, the fee was increased from $1,500 to $1,685 and for all the other Non-immigrant employment visas, the fee was increased from the $2,500 to $2,805.
• For Form I-140, Immigrant Petition for Alien Worker, the fee was increased from the $ 2,500 to $2,805.
• For Form I-539, Application to Extend/Change Non-immigrant Status, the fee was increased from $1,750 to $1,965.
• For Form I-765, Application for Employment Authorization (EADs), the fee was increased from $1,500 to $1,685.

Any Form I-907 postmarked on or after February 26, 2024, sent with the wrong filing fee will be rejected by USCIS, and the fee will be returned.

In another important development, USCIS had announced that effective April 1, 2024, the premium processing timeframe for Form I-129 (H-1B/E-3/TN) will change from 15 calendar days to 15 business days; for Form I-539 and Form I-765 (e.g. F-1 OPT) it will change from 30 calendar days to 30 business days; and for EB-1C and EB2 NIW it will change from 45 calendar days to 45 business days.

SIGN UP FOR GLF NEWSLETTER

At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate fact from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters. We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all of our earlier GLF Newsletters on our website

The post GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR FEBRUARY AND MARCH 2024 appeared first on GokareLPO.

However we practitioners need to diligently monitor EAD and status expiration to prevent work without authorization.

The post USCIS IMPLEMENTS BATCH PROCESSING OF CERTAIN RENEWAL APPLICATIONS FOR EMPLOYMENT AUTHORIZATION appeared first on GokareLPO.