Recent Updates in Immigration Law (12/2024)
At Mark A. Ivener, A Law Corporation, we strive to keep you informed about important changes in immigration law that may affect you or your business. Here are some recent developments:
1. New Credentialing Organization for Healthcare Workers
The U.S. Citizenship and Immigration Services (USCIS) has added International Education Evaluations, LLC, as a new organization authorized to certify healthcare workers seeking certain U.S. immigration benefits. This approval, effective October 25, 2024, provides healthcare professionals with an additional option for obtaining the necessary certification to work in the United States.
2. Proposed Changes to Employment Authorization Application (Form I-765)
USCIS is considering updates to Form I-765, which applies for work authorizations. Proposed changes include:
- Allowing applicants to submit passport-style photos via a smartphone app.
- Providing an option to share information with the Social Security Administration to obtain a Social Security number or replacement card.
- Exploring alternative methods to apply for employment authorization without requiring a separate Form I-765.
These changes aim to simplify and expedite the application process.
3. Guidance for Employers Affected by Natural Disasters
The Department of Labor’s Office of Foreign Labor Certification has issued guidance for employers in areas affected by natural disasters, such as hurricanes and severe storms. Key points include:
- Employers should communicate with the office via email or the Foreign Labor Application Gateway (FLAG).
- Extensions on deadlines and adjustments for worker relocations may be granted based on specific circumstances.
- Alternative methods for delivering correspondence are available when mail delivery is disrupted.
These measures aim to support businesses and workers during emergencies.
4. Updated Guidance on Expedited Processing Requests
USCIS has clarified how it handles requests to expedite applications due to emergencies or urgent humanitarian situations. For example, applicants needing urgent travel can request expedited processing of Form I-131 for travel documents. The updated guidance explains how to make these requests and what qualifies as an emergency or government interest.
5. New Filing Options for Work Permit Applications
USCIS has introduced a new option for applicants seeking an Employment Authorization Document (EAD) to upload a completed Form I-765 in PDF format via its online portal. This is the first time that applicants can request fee waivers electronically, making the process more accessible for individuals who may face financial challenges.
The standard filing fee for Form I-765 is $410. However, certain applicants may be eligible for a fee waiver. To request a fee waiver, you must complete Form I-912, Request for Fee Waiver, and submit it alongside your Form I-765. Please note that if you are requesting a fee waiver, your application cannot be submitted online and must be filed via paper forms.
Eligibility for a fee waiver is generally based on one of the following criteria:
- Receiving a means-tested benefit
- Having a household income at or below 150% of the federal poverty guidelines
- Experiencing financial hardship, such as unexpected medical expenses or job loss
This initiative is part of USCIS’s effort to modernize the filing process and provide greater flexibility for applicants and attorneys. For the most up-to-date information on fees and eligibility, visit the USCIS website or consult a qualified immigration attorney.
6. Upcoming H-1B Registration Period for FY 2025
The H-1B visa registration period for the fiscal year 2025 is set to open on March 1, 2025, and will close on March 20, 2025. During this time, U.S. employers seeking to hire foreign nationals in specialty occupations can submit their registrations.
These updates reflect ongoing changes in immigration laws and procedures in the U.S. and abroad. Whether you are an individual applicant or a business managing employee immigration needs, staying informed is crucial. At Mark A. Ivener, A Law Corporation, we are here to guide you through these changes and ensure you remain compliant. If you have questions or need personalized assistance, please contact our office. We are committed to helping you navigate these developments with confidence and ease.
