New Methods for Filing a Change of Address with USCIS

Non-citizen petitioners, beneficiaries, and applicants must inform USCIS of any change of home address. For most non-citizens USCIS must be notified within 10 days of moving. Individuals are reminded that changing an address with the U.S. Postal Service will not change an address with USCIS and the U.S. Postal Service will not forward mail from USCIS even with a forward mail request on file at the Post Office.

The two available methods for address change are:

• Through a new or existing USCIS online account (attorney or individual account)

• Or sending a paper Form AR-11, Alien’s Change of Address Card, by mail.

Exceptions exist for:

• Sponsors who sign a Form I-864, Affidavit of Support must file Form I-865 Sponsor's Notice of Change of Address to update USCIS with their change of address within 30 days of their move. This form is still filed on paper (not electronically).

• A change of address in a pending Freedom of Information Act (FOIA) or Privacy Act (PA) request should still be made by contacting USCIS by email at FOIAPAQuestions@uscis.dhs.gov.

Link:  Alien’s Change of Address Card | USCIS

USCIS Makes Additional Updates to Policy Guidance for “Sought To Acquire” Requirement Under Child Status Protection Act

The Child Status Protection Act (CSPA) protects certain beneficiaries from losing eligibility for immigrant visas and adjustment of status due to their aging during the immigration process, which can lead to the beneficiary no longer qualifying as a child for immigration purposes. The CSPA provides a method to calculate the noncitizen’s age based on the date an immigrant visa becomes available. To benefit from the calculation, the noncitizen must seek to acquire lawful permanent resident (LPR) status within 1 year of immigrant visa availability. To date, USCIS had not addressed the effect on the CSPA age calculation for a noncitizen whose extraordinary circumstances (for the purpose of excusing the “sought to acquire” element) existed within the period a visa first becomes available.

On September 25, 2024, USCIS clarified that the Agency calculates the CSPA age of an applicant who established extraordinary circumstances and is excused from the sought to acquire requirement using the date that the immigrant visa first became available when that immigrant visa is continuously available for a 1-year period without any intervening visa unavailability. Additionally, in instances where the immigrant visa became available and then unavailable, USCIS may calculate an applicant’s CSPA age using the date an immigrant visa first became available if the applicant demonstrates extraordinary circumstances for not applying for adjustment of status before the immigrant visa became unavailable.

Link: USCIS Makes Additional Updates to Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act | USCIS

USCIS Issues Fact Sheet on Family-Based Conditional Permanent Resident Waiver Filing Requests

USCIS issued a fact sheet on September 12, 2024, with information on family-based conditional permanent resident status, specifically regarding the joint filing of Form I-751 (Application to Remove Conditions) when it is required. The fact sheet explains how to identify if there are conditions on one’s permanent resident status, the differences between joint petitions and waivers, and critical filing timelines.

Link:  Conditional Permanent Residence | USCIS

Green card validity extended to 36 months while waiting for replacement card

Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of Permanent Resident Cards (Green Cards) to 36 months for lawful permanent residents who properly file Form I-90, Application to Replace Permanent Resident Card, to renew an expiring or expired Green Card. Form I-90 receipt notices had previously provided proof of an automatic 24-month extension. USCIS has since updated the language on Form I-90 receipt notices to extend validity for 36 months from the expiration date on the face of the current Green Card for individuals with a newly filed Form I-90 renewal request. USCIS has started printing amended receipt notices for individuals with a pending Form I-90. These receipt notices can be presented with an expired Green Card as evidence of continued status and employment authorization. Permanent Residents who no longer have their Green Cards and need evidence of lawful permanent resident status while waiting on a replacement may contact USCIS to schedule an appointment at a Field Office where they can obtain an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport after filing Form I-90.   

Link:  USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals | USCIS

September 2024 Visa Bulletin

Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.

In September, the EB-1 preference category on the Final Action Chart was published as being current for all countries other than China and India. However, as of August 28, 2024, the State Department issued a notification that annual visa numbers had been reached in the EB-1 category. Due to this development, EB-1 cases may still be filed with USCIS in September, but will not be able to be approved in September. The State Department also indicated that annual visa numbers in the EB-3 and EB-4 categories had been reached, as well.

U.S. Citizenship and Immigration Services (USCIS) determined that Chart A (Final Action Dates Employment-Based Visa Applications) could be used by employment-based applicants in September, and Chart B (Dates for Filing Family-Based Visa Applicants) could be used by family-based applicants in September. Both the EB-2 and EB-3 preference categories remain backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority dates become “current.”

The September Visa Bulletin there has been a steady increase in demand for employment-based visas. As a result, most employment-based preference category limits for fiscal year (FY) 2024 are expected to be reached during September, if not sooner. If at any time an annual limit is reached, the relevant preference category would become immediately “unavailable,” and no further applications falling within that preference category would be approved through the end of the fiscal year.

Additionally, in September, the EB-3 final action dates for Rest of World, Mexico, and the Philippines, as well as the essential worker (EW) final action dates for Rest of World and Mexico, will retrogress. The bulletin says that the issuance totals in these categories are rapidly approaching the annual limit for FY 2024. “It is anticipated that the final action dates will advance in October 2024; however, date movement will depend on worldwide demand for EB-3 and EW visas and the estimated FY 2025 category limit,” the bulletin states.

The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.

If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).

California Service Center Moves to New Address

On August 7, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that on August 12, 2024, the California Service Center would be moving to a new address (noted below):

California Service Center
2642 Michelle Drive
Tustin, CA  92780

USCIS said applicants should refer to form filing address pages on uscis.gov to find the specific address information, including suite numbers, they should use depending on which form they are submitting.

OFLC Announces Upcoming Final Decommission of Permanent Online System

• On August 7, 2024, the Department of Labor’s Office of Foreign Labor Certification (OFLC) alerted employers and other interested stakeholders that the legacy Permanent (PERM) Online System, which provides public access to permanent labor certification applications and final determinations, will be fully decommissioned on December 1, 2024. The Foreign Labor Application Gateway (FLAG) System replaces the legacy Permanent Online System.

• OFLC indicated that on December 1, 2024, the legacy Permanent Online System will no longer be accessible to account holders and the general public will be redirected to the FLAG System. Stakeholders who require documents from their Permanent Online System accounts are strongly encouraged to access and download those documents well in advance of December 1, 2024. Permanent Online System account holders who need to upload documents or request a specific case action on an application submitted in the Permanent Online System (e.g., request reconsideration, withdraw applications, etc.) should complete action in the system by November 30, 2024, at 7 PM EST.

• Additionally, applications still pending in the Permanent Online System after November 30, 2024, will continue to be processed by OFLC. Starting December 1, 2024, stakeholders who need to submit a response to the Department, upload documents, or request a specific case action on an application that was submitted in the Permanent Online System must do so by email, sent to the PLC Help Desk at PLC.Help@dol.gov. Documents should be submitted as PDF attachments and named with the case number assigned and title of the attachment. After November 30, 2024, stakeholders with applications pending in the Permanent Online System will not be able to upload documents directly. Employers and their attorney/agents should continue to check their email for correspondence and notifications related to these pending applications.

DC Circuit Court Upholds H-4 Spousal Work Authorization

A D.C. Circuit Court ruling in Save Jobs USA v. DHS upheld the authority of the Department of Homeland Security (DHS) to grant work authorization to H-4 spouses of certain H-1B workers. Save Jobs USA had challenged DHS’s authority to issue a rule that allows certain visa holders to work in the United States. The court said it had already interpreted the relevant provisions of the immigration statute to answer a similar question in favor of DHS in Washington Alliance of Technology Workers v. DHS, 50 F.4th 164 (D.C. Cir. 2022) (“Washtech”). “Because Save Jobs USA has not meaningfully distinguished this case from that binding precedent, we affirm the district court’s grant of summary judgment,” the court said.

Institute of International Education – Key Takeaways from IIE’s Spring 2024 Snapshot

• The Institute of International Education (IIE) released its Spring 2024 Snapshot on International Educational Exchange, and it revealed some promising data points on the continuing growth of international education initiatives at U.S. universities. The report is based on a survey of 662 participants (higher education institutions in the U.S.), explores data and trends related to current and prospective international students at U.S. institutions and U.S. study abroad participation and program development.

• Some of the key findings were:

  • 53% of the respondents reported that international applications were up compared to 2023, while 30% stated that the numbers had stayed the same.

  • 61% of the respondents from associate’s colleges and 58% of master’s colleges and universities reported an increased in international student applications.

  • The top markets being prioritized for international undergraduate student recruitment are currently Canada, China, India, South Korea, and Vietnam.

  • With respect to education abroad, 94% of the participants anticipate increase or stable participation numbers in the coming academic year.

USCIS Updates Guidance for F/M Nonimmigrant Student Classification

On August 27, 2024, US Citizenship and Immigration Services (USCIS) announced that they were updating guidance in the USCIS Policy Manual regarding when students may be eligible for optional practical training (OPT) extensions for Science, Technology, Engineering, and Mathematics (STEM) fields. This guidance, found in Volume 2, Part F, of the Policy Manual, also provides clarifying guidance for F/M nonimmigrant students concerning online study, school transfers, the grace period, and study abroad. The Policy Manual Update:

• Clarifies that students may count one class or three credits (or the equivalent) per academic session (or the equivalent) toward a full course of study if they take the class online or through distance learning not requiring physical attendance for any purpose integral to completion of the class.

• Explains that students may transfer between U.S. Immigration and Customs Enforcement (ICE), Student and Exchange Visitor Program (SEVP)-certified, schools at the same educational level, or move between educational levels.

• Explains that, during the 60-day grace period following an authorized period of post-completion of OPT, students may change their education level, transfer to another SEVP-certified school, or file an application or petition with USCIS to change to another nonimmigrant or immigrant status.

• Clarifies that students may be eligible for post-completion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program.

• Corrects the period during which students may apply for STEM OPT extensions and makes other technical corrections.

• Clarifies that a student enrolled in a SEVP-certified school during a study abroad program may remain active in the Student and Exchange Visitor Information System if the study abroad program lasts less than five months, but that the student will need a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, if the program lasts longer than five months.

This guidance became effective immediately and applies to requests pending or filed on or after the publication date.