Updates from USCIS

For this week, I am sharing two latest updates from USCIS that I thought are of prime importance as it relate to greencard applications and work permits.

On Dec. 10, 2024, USCIS published a new edition of Form I-485, Application to Register Permanent Resident or Adjust Status, which includes updates to questions and instructions. Starting Feb. 10, 2025, it will accept only the 10/24/24 edition of Form I-485 and will reject any older editions of Form I-485.

The new edition of Form I-485 features these major changes:

•             Requires applicants who need to submit a Form I-693, Report of Immigration Medical Examination and Vaccination Record, or a partial Form I-693 (such as a vaccination record), to submit the Form I-693 or partial Form I-693 with their Form I-485. If the applicant does not submit the Form I-693 with Form I-485 when it is required, the Form I-485 may be rejected;

•             Enables applicants who are exempt from the Form I-864, Affidavit of Support Under Section 213A of the INA, requirement to request the exemption on Form I-485 rather than submitting Form I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support. Form I-864W has been discontinued and removed from uscis.gov;

•             A clarification of the form questions about the public charge ground of inadmissibility. The questions now will require an applicant to identify their immigrant category so that we can more easily determine whether or not they are exempt from this ground of inadmissibility and can adjudicate the application accordingly. We expect that this change will reduce confusion among applicants; and

•             Streamlines the collection of information and consolidates and clarifies instructions and requirements.

•             Revising the form is part of the USCIS's initiative to reduce the burden on people who apply for immigration benefits and services. Specifically, incorporating Form I-864W into Form I-485 eliminates the need for a separate form.

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The Department of Homeland Security announced a final rule that will support US employers, foster economic growth, and improve access to employment authorization documents (EAD) for eligible individuals by permanently increasing the automatic extension period of employment authorization and employment authorization documentation from up to 180 days to up to 540 days for eligible non-citizens who file a timely request to renew their work authorization. This announcement responds to feedback from the business community to create more certainty for employers.

The final rule will become effective on January 13, 2025, and will apply to eligible applicants with timely-filed renewal EAD applications pending or filed on or after May 4, 2022.

This final rule aligns with USCIS’ ongoing efforts to support eligible individuals’ ability to work and contribute to the US economy. In addition, USCIS has taken a number of steps to reduce EAD processing times overall and streamlined adjudication processing, including:

•             Reducing by half the median EAD processing times for individuals with pending applications for adjustment of status from fiscal year 2021 to date;

•             Engaging with communities to educate work-eligible individuals and providing on-the-ground intake support for applicants;

•             Reducing EAD application processing times for asylum applicants and certain parolees to less than or equal to a 30-day median;

•             Extending the EAD validity period for certain categories of applicants from two years to five years;

•             Streamlining the processing of refugee EAD applications; and

•             Expanding online filing of EAD applications to asylum applicants and parolees.