New USCIS Guidance and Form Updates—What Applicants Need to Know about the International Entrepreneur Rule and the new edition of Form I-485

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KEY POINTS:

• Starting February 10, 2025, USCIS will only accept the new Form I-485
• Form I-693 (medical exam) must be submitted with I-485 applications
• New requirements for International Entrepreneur Rule applicants
• Streamlined process combines Form I-864W exemptions into I-485
• Changes aim to improve efficiency and support immigrant entrepreneurs

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In recent announcements, the U.S. Citizenship and Immigration Services (USCIS) introduced updated guidance on the types of evidence required for applicants under the International Entrepreneur Rule and released a new edition of Form I-485 for adjusting immigration status. These changes aim to streamline processes, improve efficiency, and support applicants pursuing permanent residency or entrepreneurial pathways in the United States. Here’s a detailed breakdown of these updates and what they mean for applicants.

New Edition of Form I-485: Key Updates and Deadlines

Starting February 10, 2025, USCIS will only accept the newly updated edition of Form I-485, which allows eligible individuals to apply for permanent residency or adjust their immigration status. Older versions of the form will no longer be valid, making it essential for applicants to use the latest version to avoid rejection of their applications.

Notable Changes to Form I-485:

1. Integration of Exemptions:
   The new form consolidates the exemption request for Form I-864W, which was previously used to exempt certain intending immigrants from filing an Affidavit of Support under Section 213A of the Immigration and Nationality Act (INA). This simplifies the process for qualifying applicants, reducing the number of forms required.
2. Streamlined Information Collection:
   Applicants are now required to explicitly identify their immigrant category, making it easier for USCIS to determine applicable exemptions under the public charge ground of inadmissibility. This improvement is expected to enhance processing efficiency and provide clarity for applicants.
3. Revised Medical Examination Requirements:
   Applicants must submit Form I-693, which includes their immigration medical examination and vaccination records, alongside Form I-485. Failure to include the required medical documentation may result in application rejection. This integration is part of USCIS’s effort to ensure completeness at the time of submission.

Updated Guidance on the International Entrepreneur Rule

USCIS has also issued new guidance for applicants filing under the International Entrepreneur Rule, which provides a pathway for immigrant entrepreneurs to build and grow their businesses in the U.S. This updated guidance focuses on the types of evidence required to demonstrate eligibility and ensure compliance with program requirements.

Key Highlights of the Guidance:

1. Active and Central Role in the Startup:
   Applicants must provide evidence of their active participation in the startup entity and demonstrate their ability to significantly advance its growth and success. Examples include a detailed business plan, executive roles, and records of strategic decisions.
2. Significant Public Benefit Evidence:
   Applicants must show that their startup’s activities benefit the public through innovation, job creation, or other economic contributions. Supporting documentation can include job creation data, investment records, and government grants awarded to the startup.
3. Qualified Investments or Grants:
   USCIS clarified the types of investments and government grants that qualify. Entrepreneurs must submit evidence of funding from U.S.-based investors or demonstrate they received significant awards from federal, state, or local government programs.
4. Alternative Supporting Evidence:
   The guidance also outlines additional types of evidence applicants may provide, such as letters of recommendation, revenue projections, and market analyses that show the startup’s growth potential and positive impact.

This updated policy provides a clear framework for immigrant entrepreneurs and underscores USCIS’s commitment to fostering economic innovation while maintaining immigration compliance standards.

Why These Changes Matter

The revised Form I-485 and updated entrepreneur guidance represent significant steps toward simplifying complex immigration processes. These updates:

• Improve Application Accuracy: Streamlined forms and clarified evidence requirements reduce the likelihood of errors, benefiting both applicants and USCIS officers.
• Enhance Efficiency: By integrating medical and exemption requirements into Form I-485, USCIS reduces the administrative burden on applicants and the agency.
• Support Economic Growth: The entrepreneur rule guidance highlights USCIS’s recognition of immigrant entrepreneurs as key contributors to the U.S. economy, especially in job creation and innovation.

Preparing for the Changes

To ensure compliance with the new requirements, applicants should take the following steps:

1. Use the Latest Forms: Download the updated Form I-485 from the official USCIS website and carefully review the instructions before submission.
2. Gather Complete Documentation: Include all required forms, such as Form I-693 and evidence supporting public charge exemptions or entrepreneurial eligibility.
3. Consult Experts: Seek guidance from immigration attorneys or qualified consultants to navigate the updated policies and maximize the chances of success.

For further information on these updates, visit the official USCIS website or consult legal experts specializing in immigration law.

These updates demonstrate USCIS’s efforts to modernize immigration processes, making them more accessible for applicants while ensuring compliance with evolving regulations. By staying informed and prepared, applicants can take full advantage of these changes to achieve their immigration goals.