United States Citizenship and Immigration Services (“USCIS”) announced on October 27, 2023, they would be reverting back to 180-day automatic extensions of employment authorization and EAD validity for those eligible applicants who timely file a Form I-765 renewal application on or after October 27, 2023. This announcement follows a Temporary Final Rule (“TRF”) adopted by USCIS from May 4, 2022, through October 26, 2023, which increased the automatic extension period for employment authorization and Employment Authorization Documents (“EADs”) available to certain EAD renewal applicants up to 540-days. Please note that this change to automatic 180-day renewals does not affect beneficiaries who were granted automatic extensions of up to 540-days during the time the TRF was in effect. For beneficiaries of the 540-day extension, the increased automatic extension “will end when they receive a final decision on their renewal application or when the up to 540-day period expires (counted from the expiration date of the employment authorization and/or their EAD), whichever comes earlier.”
Read moreUSCIS Updates EAD Authorization to Five Years for Certain Noncitizens, Including Adjustment of Status Applicants
United States Citizenship and Immigration Services (“USCIS”) announced on September 27, 2023, it is increasing the maximum validity for initial and renewal of Employment Authorization Documents (“EADs”) to 5 years for certain noncitizens. Applicants for initial and renewal EADs, including applicants for adjustment of status, in both employment and family based categories, will receive an EAD with a maximum five-year validity, as opposed to two-years. This change is being implemented by USCIS immediately, “and applies to Applications for Employment Authorization, that are pending or are filed on or after September 27, 2023.”
Read moreEmployment Authorization Documents Based on Compelling Circumstances
On June 14, 2023, United States Citizenship and Immigration Services (“USCIS”) announced new policy guidance has been added to its Policy Manual addressing the eligibility criteria for the issuance of employment authorization documents in compelling circumstances. Classified as those circumstances which are “beyond the usual hardship associated with job loss”, Volume 10 of the USCIS Policy Manual, details what foreign nationals must show in order to be eligible for an initial Employment Authorization Document (“EAD”) based on compelling circumstances.
Read moreUSCIS Rolls Out Premium Processing Option for Certain F-1 Students
Holding to true to its plans to expand its premium processing services to “increase efficiency and reduce burdens to the overall legal immigration system”, United States Citizenship and Immigration Services (“USCIS”) announced it is implementing premium processing service and online-filing procedures for certain F-1 student visa holders seeking Optional Practical Training (“OPT”) and F-1 students seeking science, technology, engineering, and mathematics (“STEM”) OPT extensions.
Read moreUSCIS Implements Final Phase of Premium Processing Service Expansion, Including Option for New Petitions
United States Citizenship and Immigration Services (“USCIS”) announced it is implementing the final phase of its expansion of premium processing for Forms I-140, Immigrant Petition for Alien Workers, in the EB-1 Multinational Executive and Manager and EB-2 National Interest Waiver (NIW) categories. This final phase is set to commence on January 30, 2023.
Read moreImmigration Backlogs Jeopardize Child’s Organ Transplants
While debates on immigration policy often tend towards philosophical ideas, in practice the immigration system in the United States can lead to serious and even life-threatening situations. Eleven-year-old Julia Espinoza was born in Miami while her parents were attending college on student visas. Julia was born with a congenital malformation to her small intestine, which prevents her from eating normally. As a lifesaving measure, doctors removed most of her small intestine. Julia survives by getting daily infusions of nutrients through an intravenous post in her chest.
Read moreTemporary Increase of Automatic Extension Period for Certain Renewal Applicants’ Employment Authorization
United States Citizenship and Immigration Services (“USCIS”) adopted a Temporary Final Rule (“TFR”) on May 4, 2022, to increase the automatic extension period for employment authorization and Employment Authorization Documents (“EADs”) available to certain EAD renewal applicants. Previously, work authorization granted to foreign nationals who had filed a timely Form I-765 application to renew certain categories of EADs was automatically extended for 180 days. The new rule will effectively increase this period to up to 540 days from the expiration date stated on the EAD. During the eighteen month period after publication of the TFR, eligible applicants with a timely-filed, pending Form I-765 renewal application will receive up to 360 days of additional automatic extension time (for a total of up to 540 days).
Read moreUSCIS Plans to Expand Premium Processing Services
United States Citizenship and Immigration Services (“USCIS”) plans to “increase efficiency and reduce burdens to the overall legal immigration system” in order to reduce their extensive adjudication backlogs and increased processing times, by expanding the premium processing service to include additional form types.
Read moreCombined Filing Fees for H-1B and H-1B1 Petitions and Related Forms will No Longer be Accepted by USCIS
Effective April 1, 2022, US Citizenship and Immigration Services (“USCIS”) will no longer accept “single combined joint fees when Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-765, Application for Employment Authorization, or Form I-824, Application for Action on an Approved Application or Petition” which are filed together with an H-1B or H-1B1 Petition for a Nonimmigrant Worker.
Read moreUSCIS: Updated Form I-765 Streamlines Process To Obtain Work Authorization Document and Social Security Number
US Citizenship & Immigration Services (USCIS) and the Social Security Administration (SSA) have a new information-sharing partnership that now allows foreign nationals in certain categories or classifications to apply for work authorization along with a Social Security number using only one form—namely, the updated Form I-765, Application for Employment Authorization.
Read more