• by Santhosh Rao

INTRODUCTION

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.

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