INTRODUCTION
September 2023 was a very active month for US Immigration. GLF provided updates via Google, LinkedIn, Twitter and Instagram on numerous US Immigration matters including:
- Public Charge Related Questions on Form I-485
- State Department’s October 2023 Visa Bulletin Summary
- Removal of $85 Biometric Fee for All I-539 Applicants by USCIS
- Increase of EAD Validity To 5 Years
- Pilot Program For H-1B & L-1 Visa Stamping Within U.S. To Start Early Next YeaR.
- Employment Based I-485 Applicants Receiving Interview Calls; Utilizing FY 2023 Visas By September 30, 2023
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 September 2023.
PUBLIC CHARGE RELATED QUESTIONS ON FORM I-485
USCIS updated its Policy Manual regarding the Public Charge Ground of Inadmissibility in Adjustment of Status Cases (Form I-485).
USCIS specified that the following applicants are subject to the public charge ground of inadmissibility and as such must answer the question as “YES.” Please refer to USCIS Policy Manual for exemptions. Listed below the most common application types that GLF handles, which are subject to the public charge ground of inadmissibility:
1. Family Based Adjustment
a. Immediate relatives
b. All I-130 preference categories (F-1 to F-4)
2. Employment Based Adjustment a. EB-1, EB-2 and EB-3 categories
3. Religious workers (I-360)
If an applicant is subject to the public charge ground of inadmissibility and incorrectly responds to question 61 as NO, USCIS will either issue an RFE or adjudicate I-485 using the information provided.
STATE DEPARTMENT’S OCTOBER 2023 VISA BULLETIN SUMMARY
State Department had issued the August 2023 Visa Bulletin and here were the highlights:
- Adjustment of Status for Family Sponsored filing and Employment Based filing must use the Dates for Filing chart.
- Final action dates for Family sponsored F1 Category (January 01, 2015) for India have not changed.
- Final actions dates F2A category for India have advanced from January 01, 2018, to February 08, 2019
- Filing dates chart for family sponsored F1 Category (September 01, 2017) and F-2A category (September 01, 2023) for India have not changed.
- Final Action dates EB-1 category for India have advanced from January 01, 2012, to January 01, 2017, and the Dates for Filing have retrogressed June 01, 2022, to July 01, 2019.
- Final action dates EB-2 category for India have advanced from January 01, 2011, to January 01, 2012, and the Dates for filing have advanced from May 01, 2012, to May 15, 2012.
- Final action dates EB-3 category India have advanced from January 01, 2009, to May 01, 2012, and Dates for filing (August 01, 2012) have not changed.
- Final action dates for Certain Religious workers have been marked Unauthorized and Dates for filing have advanced from October 01, 2018, to March 01, 2019.
- The DV-2023 annual limit was reduced to 54,850
REMOVAL OF $85 BIOMETRIC FEE FOR ALL I-539 APPLICANTS BY USCIS
On April 19, 2023, USCIS temporarily suspended the Biometric submission requirements for certain I-539 applicants until September 30, 2023. USCIS announced that from October 1, 2023, all I-539 applicants were exempt from the $85 Biometric Fee along with their Extension or Change of Status applications. I-539 applications submitted prior to October 1, 2023, must attend their Biometrics Services appointment as per their ASC notice.
From October 1, 2023, I-539 applicants were no longer scheduled for biometric services appointment unless USCIS directs them to appear for Biometric with specific instructions sent to them. Any Biometric Service Fee (a separate check or money order of $85) submitted along with their Form I-539 application were to be refunded. But if the biometric fee was combined along with the I-539 application, the filing was considered as an incorrect filing and the application rejected.
INCREASE OF EAD VALIDITY TO 5 YEARS
Beginning September 27, 2023, USCIS updated its Policy Manual to allow issuance of EADs with validity of 5 years. This change applied to those with pending Adjustment of Status applications as well as refugees and asylees. This simplification will reduce the volume of renewal I-765 applications that USCIS receives every year, thereby reducing USCIS backlogs for I-765. However, USCIS cautioned that EAD validity will depend on maintaining the underlying status. For example, if the EAD is based on a pending I-485 (C-9 category) and if the I-485 gets denied, then EAD will also be terminated before its expiration.
Additionally, the update highlights that certain Afghan and Ukrainian parolees will no longer need separate employment authorization documents, making the process more straightforward for them.
USCIS also provided clarity that those with “employment authorization incident to status” (for example, L-2S) can use Form I-94 and an identity document, for Form I-9, Employment Eligibility Verification purposes.
PILOT PROGRAM FOR H-1B & L-1 VISA STAMPING WITHIN U.S. TO START EARLY NEXT YEAR
The US Department of State plans to implement a pilot program early next year that would permit qualified H and L category visa holders to renew their visa stamps within the US, rather than requiring those individuals to travel abroad to renew their visas at a US consulate.
The pilot program’s scope will initially be limited to aforesaid visa categories and may eventually be expanded to other categories.
This program will provide much-needed respite to foreign nationals who continue to face disruptions caused by the long visa appointment wait times.
EMPLOYMENT BASED I-485 APPLICANTS RECEIVING INTERVIEW CALLS; UTILIZING FY 2023 VISAS BY SEPTEMBER 30, 2023
USCIS invited applicants with pending employment-based Adjustment of Status applications to appear in person to the field office to present documents and answer to Requests for Evidence (for I-693 medical exams) before September 30. It is also reported that Applicants were called by the field offices to reschedule their pending family-based adjustment of status interviews. Several Field offices including Phoenix, Houston, and Seattle made making these efforts to maximize issuance of all available employment-based immigrant visas before the end of the fiscal year on September 30, 2023.
It was also notified that the applicants may receive the phone call even though an interview notice has not been sent to them. Also, USCIS confirmed that they are not contacting the G-28 Attorney of Records about the request.
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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.