• by Santhosh Rao

INTRODUCTION

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.