Search results for: uscis

The U.S. Citizenship and Immigration Services (USCIS) announced updated procedures for certain Hong Kong residents covered under Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs). These new procedures, detailed in a Federal Register notice posted for public inspection, enable eligible individuals to apply for EADs that will remain valid through Feb. 5, 2027.

Additionally, the notice automatically extends the validity of existing Hong Kong DED-related EADs that bear an expiration date of either Feb. 5, 2023, or Feb. 5, 2025, and include a Category Code of A11. These EADs are now valid through Feb. 5, 2027, and can be presented as proof of both identity and employment authorization when completing Form I-9, employment eligibility verification.

Background on Deferred Enforced Departure (DED) for Hong Kong Residents

Deferred enforced departure (DED) is a discretionary authority granted by the president of the United States as part of constitutional powers to conduct foreign relations. While DED is not a formal immigration status, it provides eligible individuals with protection from removal from the United States for a designated period.

On Jan. 15, 2025, a presidential memorandum extended DED protections for certain Hong Kong residents through Feb. 5, 2027. This extension applies to individuals who were present in the United States as of Jan. 15, 2025. Eligible individuals under DED are not subject to removal during the designated period and are authorized to work in the United States.

Applying for Employment Authorization

Eligible Hong Kong residents that DED covers may apply for an EAD by filing Form I-765, application for employment authorization. USCIS adjudicates each application on a case-by-case basis to ensure it meets all eligibility requirements and standards. As part of this process, USCIS conducts screening and vetting to identify any potential concerns related to fraud, public safety, or national security.

For individuals who may need to travel outside the United States and return, the Department of Homeland Security (DHS) may, at its discretion, grant travel authorization. To request this authorization, eligible individuals must file Form I-131, application for travel documents, parole documents, and arrival/departure records.

Considerations for Employers and Employees

Employers should be aware that individuals with automatically extended Hong Kong DED-related EADs can present an expired card as valid documentation for Form I-9 purposes. When an employee presents an EAD whose original “card expires” date has passed, employers should determine if it is a Hong Kong DED EAD that has been automatically extended and is, therefore, valid for Form I-9 purposes. To properly assess, employers must look at the “category” section on the expired EAD and identify the code “A11” to confirm the card is eligible for an automatic extension. The extended validity of these documents ensures continued employment authorization through Feb. 5, 2027. For additional information on eligibility and application procedures, visit the official USCIS website or consult the Federal Register notice outlining the DED-related policies for Hong Kong residents.

The U.S. Citizenship and Immigration Services (USCIS) announced today that the H-1B registration process for Fiscal Year (FY) 2026 has been successfully completed. Following a computer-generated, random selection of H-1B petitions submitted during the FY 2026 initial registration period, USCIS determined it has received sufficient electronic registrations for unique beneficiaries and has notified all prospective petitioners. The H-1B program continues to play a critical role in allowing U.S. employers to attract highly skilled talent from around the world to meet their workforce needs and drive innovation.

For those whose registrations were selected in this year’s lottery, USCIS has confirmed that the filing period for H-1B cap-subject petitions will officially open on April 1, 2025. Selected petitioners may submit their H-1B petitions, provided they meet all eligibility requirements and include the necessary supporting documentation.

Key Reminders for H-1B Petition Filings:

  • Compliance with USCIS Requirements: To help avoid delays or denials, petitioners must ensure that all documents are complete, accurate, and submitted to the correct filing location or online in compliance with USCIS guidelines. Petitioners must submit evidence of the beneficiary’s valid passport or travel document used at the time of registration to identify the beneficiary.
  • Timely Filing: Petitions must be filed within the designated filing period, at least 90 days, as late submissions will not be accepted.

As the filing period begins, we encourage petitioners to remain proactive and organized to facilitate a smooth petition submission process. For registrants who were not selected in this year’s lottery, we understand the challenges this outcome may present. Employers and prospective employees may want to explore alternative visa pathways or other strategies to achieve their hiring and professional goals. As the FY 2026 H-1B process progresses, USCIS may hold additional lotteries if the agency determines that it has not received enough petitions to meet the annual H-1B cap.

U.S. Citizenship and Immigration Services (USCIS) has begun notifying petitioners of selected registrations for this year’s H-1B cap lottery. This marks a pivotal step in the FY 2026 H-1B visa process, as registrants who have been selected are now eligible to proceed with filing their H-1B cap-subject petitions on April 1 (earliest date).

The H-1B program remains one of the most sought-after avenues for U.S. employers to hire highly skilled foreign professionals in specialized fields such as technology, engineering, health care, and others. This year’s process follows the electronic registration system implemented by USCIS, which streamlines the initial stage of the H-1B lottery by allowing employers to submit registrations electronically for a chance to be considered in the cap selection.

For those whose registrations have been selected, the next step is to prepare and submit a complete H-1B petition to USCIS within the designated filing period. Petitioners are encouraged to ensure that all required documentation is accurate and submitted in a timely manner to avoid delays or denials.

For those whose registrations were not selected, USCIS may hold additional lotteries if the agency determines that it has not received enough petitions to meet the annual H-1B cap. Petitioners should monitor updates from USCIS in the coming months.

Employers and registrants may review their accounts on the USCIS online portal to check the status of their registrations. Notifications of selection are being issued electronically, and selected registrants will see their status updated to “Selected.” Those who have not been selected will see a status of “Not Selected” once the selection period has concluded.

The H-1B visa process is an opportunity for U.S. employers to address skills gaps and access global talent, but it is also a highly competitive process. Those with questions about preparing a petition or navigating next steps should consider consulting with an experienced immigration attorney or advisor to ensure compliance and maximize their chances of success.

For more information about the H-1B program and updates from USCIS, visit the official USCIS H-1B Cap Season webpage.

As confirmed by several news outlets and the American Immigration Lawyers’ Association, acting U.S. Citizenship and Immigration Services Director Andrew Davidson issued an internal memorandum Feb. 14, 2025, ordering an agency-wide “administrative pause” on all “pending benefit requests” filed by applicants paroled through a parole program, including those seeking Temporary Protected Status (TPS) for migrants from crisis-stricken countries like Haiti, Ukraine, and Venezuela; asylum, which allows those fleeing persecution to gain a permanent safe haven in the United States; Employment Authorization Documents; and “green cards” or permanent residency processes. 

Programs impacted:

  • Uniting for Ukraine: This program was set up under the Biden administration for displaced Ukrainians outside of the United States. Roughly 240,000 Ukrainians with American sponsors arrived in the United States under that process before President Donald Trump took office.
  • Cuban Haitian Nicaragua and Venezuela (CHNV) Parole Program:  Through the CHNV Parole Program, over 530,000 Cubans, Haitians, Nicaraguans, and Venezuelans have lawfully and safely entered the United States with the help of U.S.-based sponsors.
  • Family Reunification Parole Programs: These programs permitted some Colombians, Ecuadorians, Central Americans, Haitians, and Cubans with American relatives to come to the United States to wait for a family-based green card to become available.
  • TPS for migrants from crisis-stricken countries; asylum, which allows those fleeing persecution to remain in the United States; and green cards for individuals seeing U.S. permanent residency.

USCIS cited fraud, public safety, and national security concerns that are not being properly flagged in adjudicative systems as reasons for the administrative pause.  

According to the memo, the application freeze will remain in place indefinitely while government officials work to identify potential cases of fraud and enhance vetting procedures to mitigate concerns related to national security and public safety.

In this episode of GT’s Immigration Insights series, host Kate Kalmykov is joined by GT colleague Jennifer Hermansky to discuss USCIS regional center audits, including an introduction of the RIA 2022, site visits, and debarment procedures for bad faith actors.

Click here to watch the episode.

In Bouarfa v. Mayorkas, No. 23-583 (Dec. 10, 2024), the U.S. Supreme Court unanimously held that federal courts do not have jurisdiction to review a petition revocation by U.S. Citizenship and Immigration Services (USCIS) because revocations are discretionary agency decisions and, therefore, are not subject to judicial review. 

In this case, USCIS had initially approved a marriage-based I-130 petition, but later revoked the petition on the grounds that the beneficiary had engaged in marriage fraud with his ex-spouse several years earlier for the purpose of conveying an immigration benefit, thereby barring the approval of the subsequent petition. 

After an unsuccessful appeal to the Board of Immigration Appeals, the petitioner filed a complaint in federal district court, then appealed to the U.S. Court of Appeals for the Eleventh Circuit, and then to the U.S. Supreme Court. The petitioner’s primary argument was that because federal courts have the jurisdiction to review petition denials, the courts should similarly have the jurisdiction to review petition revocations. 

However, the Supreme Court found otherwise and affirmed the Eleventh Circuit’s decision that federal courts lack jurisdiction to review USCIS revocations as they are discretionary agency decisions. The court held that “Congress granted the Secretary broad authority to revoke an approved visa petition” at any time, “for what he deems to be good and sufficient cause.” The court found that revocation under 8 USC § 1155 qualifies as a decision “in the discretion of” the Secretary such that it falls under a separate statute which strips federal courts of jurisdiction to review certain discretionary actions.

It should be noted that this decision applies only to petition revocations and does not preclude federal judicial review of petition denials. Furthermore, a petitioner may still seek review of a petition revocation through agency appeals or motions within the USCIS Administrative Appeals Office or Board of Immigration Appeals.

On Dec. 2, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that the agency will now require, with immediate effect, the concurrent filing of Form I-693, Report of Immigration Medical Examination and Vaccination Record, with all adjustment of status applications. The updated policy represents an abrupt departure from USCIS’ prior filing requirements for adjustment of status (AOS) applicants seeking lawful permanent residence in the United States, which had permitted applicants to file their green card applications without Form I-693, deferring what can be a time-consuming component of the AOS process to a later date during the application’s pendency. With this latest policy update, AOS applicants should consider planning ahead to ensure they can timely file for their green card as soon as eligible under the Department of State’s visa bulletin.

Form I-693’s Role in the Adjustment of Status Process

Form I-693, Report of Medical Examination and Vaccination Record, documents an immigrant’s admissibility to the United States, specifically speaking to the applicant’s health-related admissibility under the Immigration and Nationality Act (INA) § 212(a)(1). The form must be completed by a USCIS-designated civil surgeon following an examination that accounts for the applicant’s medical and vaccination history and verifies that they are not subject to any of the INA’s health-related grounds of inadmissibility. The form must be signed and sealed by the civil surgeon, remaining untampered with from its execution through its delivery to USCIS as part of the AOS application process.

Prior USCIS policy limited the form’s validity to two years from the date of the civil surgeon’s signature, which often required applicants to refresh medical examinations for cases subject to 24-month+ processing times, a fairly common scenario due to backlogs in immigrant visa availability under the Department of State’s annual immigrant visa quotas. In April 2024, USCIS updated this policy significantly, providing that a Form I-693 “properly completed and signed . . . on or after Nov. 1, 2023, does not expire and can be used indefinitely as evidence to show that the applicant is not inadmissible on health-related grounds.” The new policy on I-693 validity, however, endows the reviewing USCIS officer with the “discretion to request more evidence or a new or updated Form I-693 if they have reason to believe the applicant’s medical condition has changed since the civil surgeon signed the Form I-693, or that the Form I-693 submitted does not accurately reflect the applicant’s medical condition and the applicant may be inadmissible on health-related grounds.”

USCIS’ Updated Form I-693 Policy (December 2024)

Procedurally, USCIS has long permitted applicants to file Form I-693 after filing the AOS application. The prior policy proved particularly helpful during the height of the pandemic, when unpredictable service disruptions broadly afflicted industries and supply chains. The flexibility offered by the prior USCIS policy meant that applicants could ensure that their AOS applications were timely filed with USCIS as soon as eligible under the Department of State’s visa bulletin, deferring to a later date the potentially cumbersome task of identifying the civil surgeon, scheduling the medical examination, procuring vaccination records, completing the exam, and securing the signed and sealed medical examination form. For applicants that opted to defer submission of Form I-693, USCIS would typically request the medical examination form via a request for additional evidence (RFE) and, sometimes, during the green card interview (if applicable).

Under the agency’s new policy, applicants must file Form I-693 concurrently with the underlying AOS benefit request filed via Form I-485. USCIS’ new policy leaves little room for ambiguity or flexibility: file Form I-693 along with the remaining AOS application documents, “[o]therwise, we may reject your Form I-485.” Particularly because the visa bulletin cut-off dates are updated monthly, rejection of Form I-485 could, in turn, risk missing the applicant’s filing window entirely in the event of a retrogression in immigrant visa availability.

Filing Strategies for Prospective AOS Applicants

As USCIS’ new policy on Form I-693 filing adds to the components required at time of AOS filing, applicants may take steps to have the form completed at the same time as the remaining AOS application materials. Specifically, applicants may consider taking the following actions:

  • Track down vaccination records in advance of filing. For those waiting to progress to the AOS step of the green card process (i.e., PERM pending or certified, I-140 pending, visa bulletin dates nearing, etc.), consider taking steps during the wait period to obtain vaccination records, which might be in an applicant’s home country and could take time to secure. Additionally, if vaccination records are in a language other than English, it may make sense to secure a certified translation in advance as well. This way, as soon as eligible to proceed with AOS filing, applicants will have the documents sure to be requested by the civil surgeon on hand with minimal lead time. In addition to vaccination records, retain important medical documents to provide to the civil surgeon on the day of the medical examination appointment.
  • Identify a civil surgeon in advance. The civil surgeon will provide the applicant with an understanding of the examination’s contents, as well as a copy of the completed form. As outlined above, the form itself serves as documentary evidence of the applicant’s admissibility to the United States (i.e., their eligibility to receive a green card based on the inapplicability of health-related bars to adjustment of status under the INA), so it’s important that applicants feel comfortable enough with the civil surgeon’s office to ask questions and understand the contents of the form to be filed as part of the AOS application. Particularly with the upcoming transition to an administration that may place greater emphasis on enforcement and compliance, it is critical that applicants understand the contents of their Form I-693. Applicants should consider preparing early to maximize the time available to ensure that the completed Form I-693 aligns with their understanding of their medical and vaccination history.
  • Schedule an appointment as soon as eligibility to file an AOS application is confirmed. As indicated above, expect at least one to three weeks lead time for an appointment with a civil surgeon, followed by at least one to two weeks to receive the completed signed and sealed form. As filing windows may be tight due to the risk of future visa bulletin retrogression, consider scheduling the medical examination with the civil surgeon as soon as feasible once eligible to proceed with the AOS process. Under the April 2024 indefinite validity policy, it may make sense to secure the sealed examination form in advance of becoming current for AOS filing, but even with the indefinite validity period afforded to Forms I-693 signed on or after Nov. 1, 2023, applicants should consider filing with a recently executed and sealed form.[1] Still, for some, the benefits of having a sealed medical examination ready to file once eligible may outweigh the costs of potentially having to redo the medical examination if the USCIS officer deems it necessary. 

Form I-693 is an essential component of every AOS application and, while the new USCIS policy governing the form’s filing reduces applicant flexibility in timing their medical examinations, applicants may take steps to ensure they are ready to obtain and file the I-693 when they become current for filing. 

[1] In 2018, the first Trump administration instituted a policy that increased the scope of cases that officers were directed to deny without issuance of an RFE or notice of intent to deny. If the incoming Trump administration reverts to such a deny-without-RFE policy, it may help to limit the application’s vulnerability to such denial grounds by filing with as recently dated documentation as possible.

On Dec. 2, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it received enough H-1B petitions to meet the 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2025. 

USCIS will send non-selection notices to registrants through their petitioners’ online accounts over the next few days. Upon completion of the non-selection notifications, the status for properly submitted registrations that were not selected for the FY 2025 H-1B numerical allocations will show: 

  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration. 

USCIS will continue to accept and process the following types of H-1B petitions that are otherwise exempt from the cap:

  • Extend the amount of time a current H-1B worker may remain in the United States; 
  • Change the terms of employment for current H-1B workers; 
  • Allow current H-1B workers to change employers; and 
  • Allow current H-1B workers to work concurrently in additional H-1B positions. 

On Oct. 2, 2024, U.S. Citizenship and Immigration Services (USCIS) released updated policy guidance clarifying the evidence that may be considered for EB-1A extraordinary ability immigrant visa eligibility. The EB-1A category is designed for applicants who possess extraordinary ability in science, the arts, education, business, or athletics, as demonstrated by sustained national or international acclaim and recognized achievements in their field.

Key Updates to EB-1A Criteria:

  • Consideration of Team Awards: USCIS will now consider an individual’s participation in team awards under the criterion for lesser nationally or internationally recognized prizes or awards for excellence. Even if an applicant has not won a personal award, USCIS may consider their contribution to a team that has achieved recognition. This change may offer increased flexibility, particularly for individuals in fields where team efforts often play a central role in success.
  • Inclusion of Past Memberships: USCIS will now consider applicants’ past and present memberships in associations that demand outstanding achievement. Previously, USCIS only considered current memberships. This shift may benefit applicants who have previously been affiliated with prestigious professional groups or associations, potentially broadening the scope for recognition of their expertise and accomplishments.
  • Relaxed Published Material Criterion: USCIS removed language requiring that published materials about the individual must explicitly highlight both the value of their work and their contributions to the field. This adjustment may simplify the process for some applicants, allowing published material that discusses the individual without the added requirement of demonstrating the work’s significance.
  • Clarification on Exhibitions and Showcases: The new guidance clarifies that non-artistic exhibitions or showcases will only be considered as part of the comparable evidence criterion, not as evidence of artistic exhibitions or showcases. This expands opportunities for certain applicants in non-artistic fields where public exhibitions may still demonstrate extraordinary skill, recognition, or reputation.

Impact of the Updated Guidance

These updates, effective immediately, are part of USCIS’s ongoing efforts to provide clarity and transparency regarding the types of evidence that can be used to establish eligibility for the EB-1A classification, and build upon a previous policy update from September 2023.

By refining EB-1A criteria, USCIS may offer greater flexibility and acknowledges the diverse ways in which individuals can demonstrate extraordinary ability. Please also refer to USCIS’s policy manual for more information on evidence that may be considered for EB-1A petitions.

On Sept. 25, 2024, U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to clarify the calculation of the Child Status Protection Act (CSPA) age for noncitizens seeking CSPA protection under the “extraordinary circumstances” exception. By way of background, CSPA protects dependent children from “aging out” and becoming ineligible for permanent residence as derivative beneficiaries under certain circumstances. Please review our coverage of USCIS CSPA policy updates. 

While CSPA protection is generally determined based on the date an immigrant visa becomes available, requiring dependent children to seek to acquire it within one year of that date, the “extraordinary circumstance” policy provides exceptions to that requirement under limited circumstances. Specifically, where such circumstances were not created by the applicant but directly affected their ability to seek to acquire permanent residence within one year of visa availability, and these facts are reasonable, USCIS has said it would excuse dependents from the “seek to acquire” requirement.  USCIS has now provided further clarity regarding the “seeking to acquire” component of CSPA calculation under extraordinary circumstances.

Key updates:

  • Seeking to Acquire: For applicants excused from the “sought to acquire” requirement due to extraordinary circumstances, the CSPA age would be calculated from the date the immigrant visa first became available, provided the visa remained available for a continuous one (1) -year period without any intervening visa unavailability.
  • Intervening Visa Unavailability: If the immigrant visa became available and subsequently unavailable, the CSPA calculation could rely on the date an immigrant visa first became available if they can demonstrate extraordinary circumstances prevented them from seeking to acquire their immigrant visa before it became unavailable. 

USCIS has issued this new guidance to ensure consistent adjudication for all Applications to Adjust Status relying on extraordinary circumstances to secure CSPA protection. This updated guidance applies to all applications pending on or after Sept. 25, 2024, and supersedes any prior related instructions.