INTRODUCTION
November 2023 was a very active month for US Immigration. GLF provided updates via Google, LinkedIn, Twitter and Instagram on numerous US Immigration matters including:
- USCIS unveiled a new 180-Day EAD extension policy.
- The new Form I-9 had to be used from November 1, 2023.
- USCIS announced that I-140s with a Premium Request had to be sent to Lockbox.
- State Department’s December 2023 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 November 2023.
USCIS UNVEILED NEW 180-DAY EAD EXTENSION POLICY
USCIS implemented changes to the automatic extension of Employment Authorization Document (EAD) for certain renewal applicants, provided a 180-day extension while their renewal application is pending. Starting October 27, 2023, the automatic extension period for eligible applicants who have timely filed Form I-765 renewals reverted to the original 180-day duration.
In May 2022, a temporary final rule (TFR) extended the automatic extension period to up to 540 days for certain applicants and that ended. The current change was not retroactive and did not affect those who had already received the 540-day extension.
For those who had received the extended 540-day extension, it will conclude upon receiving a final decision on their renewal application or when the 540-day period expires, whichever occurs first.
NEW FORM I-9 MUST BE USED FROM NOVEMBER 1, 2023
Effective November 01, 2023, all employers were required to use the revised Form I-9, with the edition date of August 1, 2023, for all new hires.
One of the most notable additions to the new Form I-9 was the option for employers enrolled in E-Verify to examine the employee’s identity and employment authorization documents remotely. The new Form I-9 was more concise and provided additional verification options accommodating the recent shifts to remote and hybrid work schedules.
Employers who failed to use the new form were subject to penalties.
USCIS ANNOUNCED THAT I-140s WITH A PREMIUM REQUEST MUST BE SENT TO LOCKBOX
Beginning November 13, 2023, premium I-140s had to be filed at USCIS Lockbox and not at the USCIS Service Center (applied only to newly filed Forms I-140 with Form I-907). USCIS had allowed a one-month grace period and would have rejected improperly filed cases received at the Service Center from December 13, 2023. However, this change did not apply if you were upgrading a pending I-140 to Premium or if you were filing Form I-140 with an associated application (such as Form I-765, Form I-131, or Form I-485).
STATE DEPARTMENT’S DECEMBER 2023 VISA BULLETIN SUMMARY
The State Department issued the December 2023 Visa Bulletin, and here were the highlights:
- Adjustment of Status for Family Sponsored filing and Employment Based filing had to use the Dates for Filing chart.
- Final action dates and Dates for Filing chart for Family sponsored cases for India remained unchanged.
- Final action dates (January 1, 2017) and Dates of Filing (July 01, 2019) for EB-1 Category did not change.
- Final action dates (January 1, 2012) and Dates of Filing (May 15, 2012) for EB-2 Category did not change.
- Final action dates (May 1, 2012) and Dates of Filing (August 01, 2012) for EB-3 Category did not change.
- Final action dates for Certain Religious workers for India were marked Unauthorized, and Dates for filing (March 01, 2019) did not change.
- The DV-2023 annual limit was reduced to 54,850.
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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