We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights​:

Travel Preparation Tips for Nonimmigrant Visa Holders

If you're traveling overseas on a nonimmigrant visa such as H-1B, L-1, E-2, O-1, TN, E-3, F-1, or STEM OPT, here are key steps to ensure a smooth journey:

1. Prepare for Potential Delays: Be ready to extend your stay if your Dropbox appointment is canceled and you are required to attend an in-person interview at the U.S. Consulate or Embassy.

2. Carry Essential Documents: Bring the following documents to prove maintenance of your status:

• Your most recent Form I-797 approval notice.
• W-2s and recent pay stubs (for work visas)
• Tax returns for the past few years.

3. Be Vigilant During Layovers: If traveling through Abu Dhabi or other UAE airports, be prepared for potential U.S. preclearance immigration checks. Officers may scrutinize your documentation to verify that you are maintaining your nonimmigrant status.

4. Verify Consulate Policies: Review the U.S. consulate's policies in your destination country for any updates or procedural changes before departure.

5. Plan for Emergencies: Ensure you have sufficient funds and a flexible itinerary to accommodate unexpected delays or administrative processing.

By following these steps, you can reduce the risk of complications and ensure a more seamless return to the U.S. after your travels.

December 2024 Update: DOL Releases Latest PERM and PWD Processing Times

As of December 1, 2024, the U.S. Department of Labor (DOL) has provided its latest updates on PERM and Prevailing Wage Determination (PWD) processing times, offering insights into the agency's workflow and priorities:

PERM Processing Times: 

USCIS Releases Revised Form I-485 with Updated Instructions and Requirements

On December 10, 2024, U.S. Citizenship and Immigration Services (USCIS) published a revised edition of Form I-485, Application to Register Permanent Residence or Adjust Status, featuring significant updates to questions, instructions, and requirements. Starting February 10, 2025, only the 10/24/24 edition of the form will be accepted, and older editions will be rejected.

Key Changes in the New Form I-485:

1. Mandatory Form I-693 Submission: Applicants required to submit a Form I-693, Report of Immigration Medical Examination and Vaccination Record, must include it with their Form I-485. Applications missing the required medical form may be rejected.
2. Incorporation of Form I-864W: Applicants who are exempt from the Form I-864, Affidavit of Support requirement can now request the exemption directly on Form I-485. As a result, Form I-864W has been discontinued.
3. Clarified Public Charge Questions: Updates to the public charge inadmissibility questions require applicants to specify their immigrant category, helping USCIS assess exemptions more efficiently and reducing confusion for applicants.
4. Improved Instructions: The revised form streamlines the collection of information, consolidates instructions, and clarifies requirements, making it easier for applicants to navigate the process.

These updates are part of USCIS's broader initiative to simplify immigration processes and reduce the burden on applicants. Applicants are encouraged to review the new form and instructions carefully to ensure compliance when filing.

DHS Permanently Increases EAD Automatic Extension to 540 Days for Eligible Applicants

The Department of Homeland Security (DHS) has announced a new regulation permanently increasing the automatic extension of employment authorization document (EAD) validity to 540 days for certain eligible foreign nationals who file timely EAD renewal applications. The regulation, set to be published on December 13, 2024, will take effect on January 13, 2025.

Key highlights of the regulation include:

• The 540-day automatic extension will apply to eligible foreign nationals who have filed timely EAD renewal applications.
• The new rule does not expand the eligibility categories for automatic extensions but ensures that those who qualify will benefit from extended work authorization while their applications are processed.
• The rule applies to pending or newly filed EAD renewal applications submitted on or after May 4, 2022.

This regulation aims to provide greater stability and continuity for foreign workers and their employers, addressing ongoing delays in processing EAD renewals. For more details, applicants and employers should refer to the official regulation upon its publication.

Bundled Processing of H-4 and L-2 Applications with Principal's I-129 to End January 18, 2025

DOS Removes China, India, and Others from J-1 Exchange Visitor Skills List with Retroactive Effect

The U.S. Department of State (DOS) has issued a revised J-1 Exchange Visitor Skills List, removing countries such as China, India, Malaysia, Saudi Arabia, South Africa, South Korea, and the United Arab Emirates, along with more than 20 other nations. Nationals of these countries are no longer subject to the two-year home residency requirement based on possessing skills needed in their home country.

USCIS Updates Guidance for International Entrepreneur Rule Applicants

On December 12, 2024, U.S. Citizenship and Immigration Services (USCIS) released updated policy guidance for applicants under the International Entrepreneur Rule (IER). The updated guidance outlines the types of evidence applicants may submit to demonstrate their eligibility for this unique immigration pathway, which allows foreign entrepreneurs to grow and manage their startups in the United States.

Key updates include:

• Expanded Evidence for Active Role: Guidance clarifies how applicants can show they have a central and active role in the startup and are positioned to drive its growth and success.
• Qualified Investments and Grants: USCIS provides more detail on evidence of qualified investments or government awards and grants that meet the IER's eligibility requirements.
• Alternative Evidence: The guidance broadens the scope of acceptable alternative evidence for applicants who may not meet traditional criteria.
• Significant Public Benefit: Clarifications on evidence demonstrating that the startup provides significant public benefit, such as job creation or innovation.

Sincerely,

Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C.

Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.