New edition of Form I-131 effective 10/11/2024

On October 11, 2024, USCIS will publish a new edition of Form I-131 (edition 06/17/2024). The form will be renamed “Application for Travel Documents, Parole Documents, and Arrival/Departure Records.” There is no filing grace period for the new form due to the significant changes to the form (now 14 pages long!), so any I-131s postmarked on or after 10/11/2024 must be this newest edition. Full announcement can be found here: https://www.uscis.gov/i-131

© Jewell Stewart Pratt Beckerson & Carr PC 2024

Entry for 2026 Diversity Visa Lottery program opens October 2, 2024

The U.S. Department of State’s instructions for the 2026 Diversity Immigrant Visa Program (DV-2026) are now available and entries must be submitted electronically between Wednesday, October 2, 2024, at 12:00 noon, Eastern Daylight Time (EDT)(GMT-4) and Tuesday, November 5, 2024, at 12:00 Noon, Eastern Standard Time (EDT)(GMT-5). Submission of more than one entry for a person during the registration period will disqualify all entries for that person.

For DV-2026, persons who are natives of the following countries and areas are not eligible to apply:

Bangladesh, Brazil, Canada, China (including Hong Kong SAR)*, Colombia, Cuba, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, Venezuela, and Vietnam.

*Natives of Macau SAR and Taiwan are eligible.

Note: United Kingdom and its dependent territories are eligible for DV-2026.

Eligibility requirements and entry instructions are on the U.S. Department of State’s website here: Diversity Visa Instructions.

The congressionally-mandated Diversity Immigrant Visa Program is administered annually by the Department of State under Section 203(c) of the Immigration and Nationality Act (INA). This law provides for a class of immigrants known as diversity immigrants, with visas made available to persons from countries with historically low rates of immigration to the United States. For fiscal year 2026, up to 55,000 diversity visas will be available.

© Jewell Stewart Pratt Beckerson & Carr PC 2024

Citizens of Qatar Eligible for Visa Waiver Program from December 1

As of December 1, 2024, Qatar will be the 42nd member of the Visa Waiver Program (VWP). Citizens of member countries of the VWP may enter the United States for business or tourism for up to 90 days without a visa. In return, U.S. citizens may enter member countries under the same conditions.

Citizens of countries participating in the VWP may travel to the United States as visitors for business or pleasure without first obtaining a visitor (B-1 or B-2) visa from a U.S. Consulate. Instead, they apply online for authorization to travel to the United States through the Electronic System for Travel Authorization (ESTA). VWP travelers are not permitted to board a carrier to travel to the U.S. by air or sea unless they have ESTA clearance. VWP admittees may enter for periods of up to 90 days, provided that they are eligible for admission under applicable law.

There are now 42 VWP countries:

Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, Qatar, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, United Kingdom.

The Secretary of Homeland Security announced the designation of Qatar in the VWP on September 24, 2024. Eligible Qatari passport holders with ESTA clearance will be able to visit the United States without visas only from December 1, 2024.

© Jewell Stewart Pratt Beckerson & Carr PC 2024

USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals

Effective September 10, 2024, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of green cards to 36 months for lawful permanent residents filing Form I-90, Application to Replace Permanent Resident Card. Lawful permanent residents who properly file Form I-90 to renew an expiring or expired green card may receive this 36-month extension. USCIS is updating the language on the I-90 receipt notices to extend the validity of the Green Card for 36 months from the expiration date on the face of the Green Card. Amended receipt notices are automatically being created for pending I-90 cases (previously only a 24-month extension was provided). These I-90 receipt notices can be presented with an expired Green Card as evidence of continued lawful permanent residence status. USCIS’ full announcement can be found here.

© Jewell Stewart Pratt Beckerson & Carr PC 2024

USCIS runs second lottery on 2024 (FY 2025) H-1B registrations

On August 5, 2024, USCIS announced that it ran a second H-1B lottery on 2024 (FY 2025) registrations. The USCIS announcement states:

USCIS recently announced that we would need to select additional registrations for unique beneficiaries to reach the fiscal year 2025 H-1B regular cap numerical allocation. Our projections indicate we have now randomly selected a sufficient number of registrations for unique beneficiaries as needed to reach the regular cap from the remaining properly submitted FY 2025 registrations. Additionally, we have notified all prospective petitioners with selected registrations from this round of selection that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

An H-1B cap-subject petition must be filed within the period indicated on the registration selection notice; for this round of selectees, that period is August 8, 2024 to November 7, 2024.

As we noted before, in 2023 (FY 2024), a second selection process took place in July, to make unused H-1B visas available. No additional selections took place in 2022 (FY 2023). In 2021 (FY 2022) a second and third selection process took place in August and November, respectively. USCIS has not yet announced whether and when a third selection might take place later in 2024 (FY 2025).

© Jewell Stewart Pratt Beckerson & Carr PC 2024

DHS announces expansion of STEM degree list for OPT extensions

International students who graduate from U.S. universities are able to remain here and receive training through work experience for up to twelve months. This is known as Optional Practical Training (OPT). Students who graduate from a designated science, technology, engineering, and math (STEM) degree, who have jobs related to their field of study with employers who are enrolled in the government’s E-Verify program, can remain in the U.S. for an additional twenty-four months on an OPT STEM extension.

On July 22, 2024 the Department of Homeland Security announced an expanded list of STEM designated-degree programs that qualify eligible graduates for this extension. The list now includes Landscape Architecture, Institutional Research, Linguistics and Computer Science, Composite Materials Technology/Technician, Developmental and Adolescent Psychology, Geospatial Intelligence, Demography and Population Studies, and Mechatronics, Robotics, and Automation Engineering Technology/Technician.

A full list of STEM degrees is available here, and will be of interest to students, employers, and employees with eligible degrees who are currently in their first 12 months of OPT.

© Jewell Stewart Pratt Beckerson & Carr PC 2024

Five JSPBC lawyers selected for inclusion in Super Lawyers® for 2024

Jewell Stewart Pratt Beckerson & Carr (JSPBC) is pleased to announce that five of its lawyers have been selected for inclusion in Northern California Super Lawyers® in 2024. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas, including immigration, who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations. Only 5 percent of lawyers in a state are selected for inclusion in Super Lawyers.

Principal & Managing Attorney Claire Pratt is celebrating 10 years of having been named to the Super Lawyers list. She has been selected from 2019 to present, having previously received Rising Stars designation since 2015. Principal Chris Beckerson has also been named to the Super Lawyer from 2022 to present, having received Rising Stars designation from 2015-2019.

Of Counsel James Mayock has also been selected, having been named to the list from 2004-2013, and 2020 to present. Founder & Of Counsel Phyllis Jewell was named a Super Lawyer at the inception of the Northern California Super Lawyers list in 2004, and has been named to the list each year from 2004 to 2013, and 2015 to present.

Associate Attorney Zdeni Hennessy has been selected as a Rising Star since 2020. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. No more than 2.5 percent of lawyers in a state are named to Rising Stars.

These selections, along with the firm’s other accolades, further solidify JSPBC’s recognition within the legal community as an outstanding business immigration firm. Congratulations to Claire, Chris, James, Phyllis, and Zdeni, as well as the entire JSPBC team!

© Jewell Stewart Pratt Beckerson & Carr PC 2024

JSPBC Recognized by Chambers USA

Jewell Stewart Pratt Beckerson & Carr is pleased to announce that the firm has received its first ever Chambers USA ranking in 2024!  The selection process involves Chambers’ own research methods, client and peer references, and looks at legal ability, client service, caliber of bench, and cost effectiveness, among other factors. Additionally, Claire Pratt has been ranked for the second year running. Only 13 firms and 38 lawyers are recognized in California.

© Jewell Stewart Pratt Beckerson & Carr PC 2024

JSPBC Managing Attorney Claire Pratt Receives Martindale AV Preeminent® Ranking

Jewell Stewart Pratt Beckerson & Carr is pleased to announce that its Managing Attorney Claire Pratt has received an AV Preeminent® ranking from Martindale, the highest peer-rating standard available. Martindale has conducted attorney rankings since 1887 with the goal of informing the public of the most skilled and ethical attorneys. Nominations for a Martindale ranking are made via peer reviews, require at least 10 years of practice, and are awarded only to “attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.” Less than 15% of lawyers are awarded this distinction.

Congratulations to Claire!

© Jewell Stewart Pratt Beckerson & Carr PC 2024

USCIS temporarily increases automatic extension period for certain EADs

On Monday, April 8, 2024, U.S. Citizenship & Immigration Services (USCIS) published a Temporary Final Rule (TFR) in the Federal Register (89 FR 24628) that provides a temporary increase in the automatic extension period of employment authorization for certain Employment Authorization Document (EAD) applicants who apply for EAD renewal on a timely basis. The rule affects several EAD applicant classes, including H-4 spouses of certain H-1B nonimmigrants.

The rule is effective from the date of publication until September 30, 2025. In the TFR, USCIS finds that the current 180-day automatic extension under 8 CFR 274a.13(d) is inadequate to prevent approximately 800,000 EAD renewal applicants from losing employment authorization due to USCIS processing delays. USCIS notes that “Such widescale lapses in employment authorization and EAD validity would result in substantial and unnecessary harm.”

USCIS has therefore temporarily amended existing regulations to increase the automatic extension period to up to 540 days from the EAD expiration date. The increase will apply to any eligible renewal EAD applicant (1) with an application filed on or after October 27, 2023, and pending on or after April 8, 2024; or (2) who files a renewal EAD application during the 540-day period starting April 8, 2024 and ending September 30, 2025.

USCIS’ announcement of the TFR is available on the Newsroom page of its website. A list of affected EAD applicant classes is available on the Automatic EAD Extension page of its website. Jewell Stewart Pratt Beckerson & Carr will watch for developments related to this TFR and will post updates here as they occur.

© Jewell Stewart Pratt Beckerson & Carr PC 2024