Several recent updates from the Department of State (DoS) and U.S. Citizenship and Immigration Services (USCIS) may impact both immigrant and non-immigrant filings, as well as mobility planning for you and your employees.
Here is a concise overview of these developments:
End of 2-Year Residency Requirement for Certain Countries
Policy Overview: The Department of State has removed over 20 countries, including China, India, South Korea, Malaysia, Saudi Arabia, and others, from the J-1 Exchange Visitor Skills List.
Impact on J-1 Visa holders: Nationals from these countries are no longer required to fulfill the two-year home residency obligation based on their skills. However, exceptions still apply in certain cases, such as when the J-1 program is government-funded or the individual enters as a foreign medical graduate.
Retroactive Application: This revision applies retroactively, potentially allowing those previously subject to the requirement to change to H-1B status or pursue permanent residency—provided they are not subject to the requirement for other reasons.
Skills List Unchanged: The skills listed in the revision remain the same as in the prior version
Future Changes: If the incoming Trump Administration decides to revise or roll back the new Skills List, the duration of these changes could be limited.
H-4 and L-2 Bundled Filings Will End on January 18th, 2025
Policy Overview: Since January 2023, USCIS has streamlined the adjudication process for H-4 and L-2 applications by bundling them with the principal applicant’s Form I-129 petition when filed concurrently.
Expiration Date: This settlement agreement, which has reduced delays for H-4 and L-2 applicants, will expire on January 18, 2025.
Impact on Processing Times: After the agreement ends, H-4 and L-2 applicants may experience longer processing times, even if the associated H-1B or L-1 petition is submitted with premium processing. Additionally, applicants may be required to submit new biometrics.
Potential Changes in EAD Eligibility: Former President Trump indicated intentions to remove work authorization (EAD) for H-4 and L-2 visa holders. If this change is implemented, it could further impact the relevant applicants' ability to work while their petitions are pending.
Permanently Increases the Automatic Extension Period for Certain EAD Renewals
Policy Overview: USCIS has permanently increased the automatic extension period for certain EAD renewal applicants to streamline the renewal process.
Eligibility: This extension applies to specific categories of applicants, including: Spouses of principal E/H-1/L-1 nonimmigrants with an unexpired I-94 showing E (including E-1S, E-2S, E-3S), and H and L nonimmigrant status. F-1 students with a pending STEM optional practical training (OPT) extension application are only eligible for an 180-day automatic extension of their current EAD.
Advancement in EB-2 and EB-3, with USCIS Honoring the Dates for Filing Chart
Policy Overview: In January, the EB-2 and EB-3 Final Action Dates will advance, enabling individuals who have already filed their I-485 adjustment of status applications to have their cases adjudicated, with green cards anticipated to be issued thereafter.
USCIS Filing Eligibility: Foreign nationals with priority dates earlier than the Dates for Filing are now eligible to submit their adjustment of status applications.
Mandatory Submission of Form I-693: USCIS requires applicants filing Form I-485 to include Form I-693, Report of Immigration Medical Examination and Vaccination Record, with their submission. Applications missing Form I-693 may be rejected.
If you have any questions regarding the topics outlined above or would like to discuss how these potential changes may impact your employees or personal immigration matters, please do not hesitate to reach out to us.
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