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 adopts new fee schedule effective April 1, 2024

Updated March 28, 2024

On January 30, 2024, U.S. Citizenship & Immigration Services (USCIS) announced that it had published a final rule to adopt a new filing fee schedule. This is the first new fee schedule issued by USCIS since 2016. In its Frequently Asked Questions page USCIS has posted a New Fee Schedule Table that lists the old and new fees side by side. Changes of interest include:

• A new “asylum program fee” of $600 per I-129 petition and I-140 petition. (Nonprofits and universities are exempt from this fee.)

• An attempt to mitigate higher fees for employers by offering special discounts for small employers; for example, a reduced “asylum program fee” of $300. “Small employer” means those with 25 or fewer full-time equivalent employees.

• A $50 discount for those who choose online filing over paper filing, when online filing is offered. 

• Premium Processing Service timeframes will be counted in business days, not calendar days as before.

• Separate fees are established for Form I-129, Petition for a Nonimmigrant Worker, depending on the nonimmigrant classification sought (i.e. H-1B, TN, E-3, etc.).

• Separate filing fees will be required for Form I-131 (travel document) and Form I-765 (employment authorization) when filed with Form I-485 (adjustment of status), whether or not they are filed together.

The new fees and rules will become effective on April 1, 2024. There are increases in all application and petition types typically filed in employment-related cases, including Form I-129, petition for nonimmigrant worker; Form I-539, application for change or extension of status; Form I-140, petition for immigrant worker; Form I-485, application to register permanent resident status or to adjust status; and Form I-765, application for employment authorization document.

USCIS warns that applications and petitions postmarked or filed on or after April 1, 2024 must include these new fees. If the new fees are not included with such a submission, it will be rejected.

In addition, revised forms will also become effective on April 1, 2024, along with the new fees. USCIS says it will accept prior editions of most forms during a grace period from April 1, 2024, through June 3, 2024, as long as they are accompanied by the new fee. However, there will be no grace period for some forms, including Form I-129 and Form I-140, because they must be revised with a new fee calculation. Filers must be careful to use the correct forms in each case, as well as to include the correct filing fee.

Government processing of immigration applications and petitions is funded by these user fees and not by taxpayer dollars. These filing fee increases, which in some cases are significant, reflect USCIS's calculation of increases in the work associated with case adjudications and avoiding backlogs.

© Jewell Stewart & Pratt PC 2024

Executive Order on AI: Attracting Global Talent to the United States

In a move to strengthen the United States’ position in the global artificial intelligence (AI) landscape, on October 30, 2023, the Biden Administration issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), which sets forth a comprehensive strategy to attract and retain top AI talent from around the world. These initiatives aim to streamline immigration pathways and ensure that the U.S. remains a hub for innovation and technological advancement.

The Executive Order recognizes the importance of attracting and retaining foreign talent in critical and emerging technologies, such as AI. To achieve this goal, the order outlines several key directives to the Department of State (DOS) and the Department of Homeland Security (DHS) related to immigration, including:

1. Streamlined Visa Processing: DOS and DHS are tasked with taking appropriate steps to streamline visa processing times for noncitizens seeking to work, study, or conduct research in AI or other critical and emerging technologies. This includes ensuring timely availability of visa appointments and facilitating continued availability for applicants with expertise in these fields.

2. J-1 Skills List Revision:  DOS is required to consider initiating rulemaking to revise the DOS’s Exchange Visitor Skills List. This would impact the two-year foreign residence requirement.

3. Stateside Visa Renewal Program:  DOS is required to consider implementing a domestic visa renewal program to enable qualified applicants, including highly skilled AI talent, to continue their work in the United States without unnecessary interruption. The program may also be expanded to include academic J-1 research scholars and F-1 students in STEM fields. (Note that a stateside renewal pilot program is already expected to launch in early 2024.)

4. Policy Changes for Extraordinary Ability Applicants and Entrepreneurs:  DHS is directed to review and initiate necessary policy changes to modernize immigration pathways for AI experts. This includes reviewing categories such as O-1A and EB-1 extraordinary ability applicants, EB-2 advanced-degree holders, and startup founders in AI and other critical technologies who may benefit from the International Entrepreneur Rule which has largely been unused.  (The modernization of the H-1B program is also mentioned. See our post on the proposed H-1B rules for more information.)

5. Revision to Schedule A List of Occupations:  The Department of Labor is instructed to publish a request for information (RFI) to solicit public input, including from industry and worker-advocate communities. The goal is to identify AI and STEM-related occupations for which there is an insufficient number of qualified U.S. workers, the designation of which which may streamline some permanent residency applications.

Note that many of these proposals would require rulemaking.  Jewell Stewart & Pratt will watch developments related to these directives closely, including the publishing of policy updates or proposed rules, and post updates here as they occur.

 © Jewell Stewart & Pratt PC 2023

Green Cards Extended for Naturalization Applicants

Effective December 12, 2022, USCIS updated its Policy Manual to automatically extend the validity of green cards for Lawful Permanent Residents who have applied for naturalization. Form N-400 receipt notices will include an automatic two-year extension of the green card. The receipt may be used along with the expired green card as proof of lawful permanent resident status. Given long agency processing times, this automatic extension will help applicants avoid a Form I-90 green card renewal filing. The new policy extends to all applicants who file a Form N-400 on or after December 12, 2022.

Relatedly, in September 2022, USCIS announced that applicants filing an I-90 green card renewal would receive a two-year extension printed on the receipt notice, which may be used as proof of lawful permanent resident status.

© Jewell Stewart & Pratt PC 2022

Biden Administration's Public Charge Rule Takes Effect Dec. 23, 2022

As background, in a new rule issued September 29, 2022, the Biden Administration clarified and aligned the existing Public Charge rule with long-standing USCIS practice, which requires most “green card” applicants to show that they will not need to primarily rely on public assistance if they become a U.S. permanent resident.

The new rule requires additional disclosures from most applicants filing I-485 applications for Adjustment of Status. The additional information required on the revised Form I-485 includes the following for each applicant:

• Household size

• Household income

• Household assets

• Household liabilities

• Highest level of education

• Certifications, licenses, and educational certificates earned

• Whether the applicant has received Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or State, Tribal, territorial, or local, cash benefit programs for income maintenance (often called “General Assistance” in the State context)

• Whether the applicant has ever received long-term institutionalization at government expense

Note that unlike a previous version of the public charge rule, documentation of the above is not required in initial filings.  USCIS will issue a “Request for Evidence” if it requires further information to process your case.  As mentioned the Form I-485 has been updated to require this new information and the new form must be used for filings postmarked on or after the effective date of December 23, 2022.

 © Jewell Stewart & Pratt PC 2022

U.S. Travel Bans Now Lifted; Vaccine Requirements in Effect

Starting today, November 8, 2021, the COVID-related travel bans are now lifted and the new vaccine and testing requirements are in effect for air travel to the U.S. For all the details on these new requirements for U.S. citizens, Lawful Permanent Residents, and nonimmigrant visa holders, please refer to our previous post.

The U.S./Canada and Mexico land borders (including ferries) are now also open to non-essential travel. There is a vaccine requirement in effect, but no testing requirement for land border travel. There are exceptions for U.S. citizens, Lawful Permanent Residents, children under 18, and those traveling for “essential” reasons. Starting on January 21, 2022, vaccines will be required for foreign nationals regardless of the reason for land border travel. DHS provided a Fact Sheet and FAQs for further information.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - September 2021

Last updated: 09/22/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

On September 20, 2021, the White House announced that it would lift the COVID travel bans sometime in November for fully-vaccinated travelers. We do not yet know what date it will be lifted, nor do we know how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

  • The geographic COVID bans for Europe (Schengen/U.K./Ireland), China, Iran, Brazil, South Africa, and India are still in place and will be lifted sometime in November. See our FAQ post for regular updates.

  • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

  • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

  • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

  • As of July 6, 2021, DOS-issued NIEs are now valid for 1 year from date of issuance, and for multiple entries.

• Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021. Further, the State Department announced on September 14, 2021 that interviews may be waived for academic visa renewals (F, M, J).

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least October 21, 2021.

• U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• COVID Vaccine Required for Medical Exams: On August 24, 2021, CDC Technical Instructions to Civil Surgeons were updated to require a COVID-19 vaccine on immigration medical exams that are required for both Adjustment of Status or Immigrant Visa (i.e., “green card”) applications. The requirement goes into effect on October 1, 2021, and applies to adults and children over age 12, with certain exceptions for medically contraindicated, not routinely available, etc. Lab confirmation of immunity or tests may not be used as an alternative to vaccination. Persons who do not comply and are not eligible for a limited exception will be deemed medically inadmissible.

• DHS I-9 Flexibilities: Certain I-9 flexibilities initially announced in March 2020 have been extended to December 31, 2021.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - August 2021

Last updated: 08/24/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known for how long the Biden Administration intends to keep the many COVID-19 geographic travel restrictions in place or how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

  • The geographic COVID bans for Europe (Schengen/U.K./Ireland), China, Iran, Brazil, South Africa, and India are still in place and will be reviewed at the end of each month.

  • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

  • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

  • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

  • As of July 6, 2021, DOS-issued NIEs are now valid for 1 year from date of issuance, and for multiple entries.

• Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021.

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least September 21, 2021.

• U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• COVID Vaccine Required for Medical Exams: On August 24, 2021, CDC Technical Instructions to Civil Surgeons were updated to require a COVID-19 vaccine on immigration medical exams that are required for both Adjustment of Status or Immigrant Visa (i.e., “green card”) applications. The requirement goes into effect on October 1, 2021, and applies to adults and children over age 12, with certain exceptions for medically contraindicated, not routinely available, etc. Lab confirmation of immunity or tests may not be used as an alternative to vaccination. Persons who do not comply and are not eligible for a limited exception will be deemed medically inadmissible.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - July 2021

Last updated: 07/06/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known for how long the Biden Administration intends to keep the many COVID-19 geographic travel restrictions in place or how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

  • The geographic COVID bans for Europe (Schengen/U.K./Ireland), China, Iran, Brazil, South Africa, and India are still in place and will be reviewed at the end of each month.

  • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

  • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

  • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

  • As of July 6, 2021, NIEs are now valid for 1 year from date of issuance, and for multiple entries.

• Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021.

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least July 21, 2021.

• U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• USCIS Updates:

  • AOS EAD Policy: On June 9, 2021, USCIS announced that initial and renewal EAD (work permit) applications for Adjustment of Status applicants would be valid for two years instead of one.

  • Request for Evidence Policy or “RFE” Memo: On June 9, 2021, USCIS updated its policy for issuing Requests for Evidence (“RFEs”) to revert back to 2013 guidance.

  • Expedite Criteria: On June 9, 2021, USCIS updated its expedite criteria.

  • Entrepreneur Parole: On May 10, 2021, USCIS announced the continuation of the International Entrepreneur Parole Program. For background on the program including process and requirements, please refer to our 2018 post.

  • Biometrics for I-539s: On May 5, 2021, it was reported that USCIS will waive biometrics for some existing and new I-539 applications for H-4 and L-2 dependents. On May 13, USCIS confirmed that biometrics will be suspended, and no biometrics fee will be required, for filings received on / after May 17 for H-4, L-2, E-1, E-2, and E-3 I-539 dependent filings.

  • “Deference Memo”: On April 27, USCIS announced that it was restoring the previously rescinded guidance requiring deference to prior adjudications.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - June 2021

Last updated: 06/24/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known for how long the Biden Administration intends to keep the many COVID-19 geographic travel restrictions in place or how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

  • The geographic COVID bans for Europe, China, Iran, Brazil, South Africa, and India are still in place and will be reviewed at the end of each month.

  • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

  • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

  • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

• Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021.

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least July 21, 2021.

• U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• USCIS Updates:

  • AOS EAD Policy: On June 9, 2021, USCIS announced that initial and renewal EAD (work permit) applications for Adjustment of Status applicants would be valid for two years instead of one.

  • Request for Evidence Policy or “RFE” Memo: On June 9, 2021, USCIS updated its policy for issuing Requests for Evidence (“RFEs”) to revert back to 2013 guidance.

  • Expedite Criteria: On June 9, 2021, USCIS updated its expedite criteria.

  • Entrepreneur Parole: On May 10, 2021, USCIS announced the continuation of the International Entrepreneur Parole Program. For background on the program including process and requirements, please refer to our 2018 post.

  • Biometrics for I-539s: On May 5, 2021, it was reported that USCIS will waive biometrics for some existing and new I-539 applications for H-4 and L-2 dependents. On May 13, USCIS confirmed that biometrics will be suspended, and no biometrics fee will be required, for filings received on / after May 17 for H-4, L-2, E-1, E-2, and E-3 I-539 dependent filings.

  • “Deference Memo”: On April 27, USCIS announced that it was restoring the previously rescinded guidance requiring deference to prior adjudications.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021