Editors Pick

Highlights: US announced to extend the EAD Renewals to 540 days

• DHS announced a final rule to increase extension date of employment authorization document renewal (EAD).
• The employment document authorization date is extended from 180 days to 540 days.
• The final rule will be effective January 13, 2025.
• This rule will be for eligible candidates who filed renewal applications on or after May 4, 2022.

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DHS Announces Permanent Increase of the Automatic Extension Period for Specific Employment Permits Document Renewal

The US government announced the permanent increase of the extension period for certain employment permit documentation renewal from 180 days to 540 days for eligible foreign nationals who had filed the request for their work permit renewal in a timely manner. This rule was introduced to respond to feedback from the business community and create more certainty for employers. Increasing the automatic extension period for specific employment authorization documents will help reduce the red tape burdening employers. It will ensure that hundreds of thousands of eligible foreign nationals for employment can continue to contribute to the US economy.

The Final rule of the extension period will be effective from January 13, 2025, for eligible applicants who had timely filed renewal EAD applications that are either pending or filed on or after May 4, 2022.

USCIS introduced additional efforts to reduce EAD processing time

The final rule is also related to the USCIS's continuous efforts to support eligible foreign nationals who can work and be a part of the U.S. economy. Additionally to the final rule, USCIS decided to introduce several measures to reduce EAD processing times overall and ease the processing by:

• Adjusting the EAD processing times for foreign nationals to address the pending applications from fiscal year 2021 till date
• To educate work-eligible applicants and to give intake support to applicants
• EAD application processing times reduction for asylum applicants and certain parolees to from less than or equal to a 30-day median
• Increasing the EAD validity for specific applicants from 2 years to 5 years
• Ease the procedure of EAD application processing for refugee applicants
• Online filing of EAD applications expansion for parolees and asylum applicants

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Highlights: USCIS declares new rules for EB1 immigrant visas

• The USCIS announced new rules for EB1 immigrant visas on 2 October, 2024.
• This new guidance updates the previous EB-1 policy, providing more clarity and transparency to assist petitioners.
• USCIS has further focused on more clarity about the types of evidence one may need to evaluate to determine eligibility for extraordinary ability.
• According to the new guideline provided by USCIS, there are four updates on EB1 visas.

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USCIS revised new rules for EB1 visa

According to the new rules on the policy guidance, an applicant will be considered:

• If they have received team awards under the criteria for lesser nationally or internationally recognized prizes or awards for excellence in their work field.
• They have past memberships under the membership standard.
• The policy also removes language suggesting that published material must indicate the value of the person’s work and contributions to satisfy the published material standard.
• The term “exhibition” is a public event not limited to art. Still, the appropriate regulation modifies that term with “artistic.” USCIS will also consider non-artistic exhibitions as part of a properly supported claim of similar evidence.

The reason for updating the rules is to provide more clarity and transparency to petitioners who want to apply for an EB1 visa.

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Highlights: USCIS extended the Green Card validity to 36-month

• On September 10th, USCIS extended the validity of the Green Card to 36 months.
• This extension is liable for candidates who have filed Form I-90 to renew an expiring or expired Green Card.
• The previous Form I-90 provided a 24-month extension on the validity of a Green Card.
• The receipt of Form I-90 can be presented with an expired Green Card as evidence of continued status and employment authorization.

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Changes made to extend the validity of Green Card to 36 months

The effective date of this amendment was September 10, 2024. USCIS is extending the US Green Card to 36 months to lawfully permanent residents who filed Form I-90, the application to Replace the Permanent Resident Card.

Lawful permanent residents who file Form I-90 properly can renew their expired Green cards. Previously, the Form I-90 provided an extension of the Green Card for 24 months.

USCIS has updated the language on the Form I-90 receipt notices to extend the validity of the Green Card for 36 months from the expiry date. The current Green Card candidates have a newly filed Form I-90 renewal request. On September 10, USCIS also printed receipt notices for candidates with pending Form I-90.   

Form I-90 receipt notices can be provided as proof of continuous residence evidence for renewing an expired Green Card. This new extension change will help applicants not to wait longer for processing times because they will receive proof of lawful permanent resident status as they await their renewed Green Card.

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Highlights: Who is eligible for EB1A visa?

• The EB-1A visa category is for candidates who have extraordinary abilities in diverse fields.
• The candidate needs to prove extraordinary ability in their respective fields, such as science, arts, education, business, or athletics.
• The EB-1A visa is an employment-based green card option for foreign nationals who want to settle in the U.S.
• The EB-1A visa allows an individual to apply for a U.S. green card.

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About EB-1A visa

The EB-1A visa is also an employment-based option for foreigners who wish to work and settle in the US. This EB-1A visa allows a foreign national to apply for a US Green card through an easy procedure as the US government allows extraordinary talents to settle in the country permanently.

This category of EB-1A visa falls under employment-based immigration, which is known for its relatively quick processing times compared to other green card options.

Eligibility Criteria to apply for the EB-1A visa

The eligibility criteria to apply for the EB-1A visa are to prove the candidates extraordinary ability. The USCIS mostly covers 10 eligible criteria that must be fulfilled to get the EB-1A visa. The USCIS requires the applicant to meet minimum three criteria out of 10 eligibility criteria.

Here is the list of criteria to apply for the EB-1A visa:

• Membership in Associations Directing Special Achievements: Professions that have Exclusive extraordinary achievement related to exclusive professional societies or academies.
• Proof of Sustained National /International Acclaim: Professions that have received prestigious awards including Nobel price Pulitzer Prize recognition by esteemed organizations (academy memberships), or significant media coverage.
• Published Material in Major Media: Writing published as a book, article, or paper in reputable publications shows expertise and impact on their chosen fields.
• Original Contributions of major significance: Invention, Patents, innovation or ground breaking research solutions demonstrate your ability to be an extra-ordinary.
• Commanding a High Salary: Earning more than others in the same field establishes an exceptional value within the industry.
• Exhibitions of Your Work in Your Field: Showcasing your work at the prominent exhibitions or venues as evidences of your talent and recognition.
• Performance in a Leading Role for Organizations with a Distinguished Reputation: Holding a prominent position in a well-respected organization enhances your application.
  Documentation of Your Achievements by Recognized Experts: Letters of recommendation from highly respected figures in your field can significantly strengthen the case.
• Other Comparable Evidence: USCIS allows for proof mentioned but relevant skills to demonstrating extraordinary ability.
   

Benefits of applying for EB-1A visa

The EB-1A visa offers several advantages over other green card options for Indian nationals.

Here are some key benefits of the visa:

• To apply for this visa, Job offer or an employer sponsorship is not required
• Doesn’t need a PERM labor certification
• The processing time of visa is faster
• Spouse and unmarried children under 21 can also obtain green cards as dependents.

Procedure to apply for the EB-1A visa

To apply for the EB-1A visa is to file for I-140 with all the supporting documents to prove the extra ordinary ability of the candidates. The processing time for Form I-140 which is regarded as the first step of EB-1 process can be few months but with premium processing it can be expedited. If the applicant already lives in the US the average wait time for an adjustment of status application Form I-495 can take around few months.

If the applicant is applying form abroad via consular processing, the case will be transferred to the National Visa centre (NVC) for processing. The NVC will proceed with the application to the nearest embassy to arrange for in-person interview.

There is no specific financial requirement, but having sufficient funds is crucial.. The EB-1A visa can be considered as a pathway for talented individuals to achieve their American dream.

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Highlights: USCIS opened procedure for the Citizenship and Integration Grant Program

• USCIS declared the application procedure for the Citizenship and Integration Grant Program on April 24, 2024.
• This Citizenship and Integration Grant Program will provide $10 million to newcomers.
• To expand the Citizenship and Integration services, USCIS expects to support 40 organizations up to $300,000 every two years.
• The USCIS Citizenship and Integration program application date is due by June 21, 2024.

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Detail of USCIS new Citizenship and Integration Grant Program

USCIS announced the application period for the Citizenship and Integration grant program. This Citizenship and Integration grant program will provide funding for the citizenship preparation program.

The Citizenship and Integration Grant program is a 16-year-old program that will provide $10 million in grants to support immigrants.

USCIS excepts to award 40 organizations with up to $300,000 every two years to expand availability of high-quality citizenship and integration services. This grant provides funds to government and private organizations that will offer proper procedures for citizenship applications to permanent citizens. The application date is till June 21, 2024.  

 From 2009, the USCIS Citizenship and Integration Grant program has supported $155 million via 644 grants to immigrant services. These grants help support more than 300,000 immigrants in 41 states and the District of Columbia. 

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