Immigration

Immigration News January 2025

Automatic Extension Period for Certain EAD Renewals Made 'Permanently'

On Dec. 10, 2024, the Department of Homeland Security announced a final rule that permanently increases the automatic extension period for employment authorization and Employment Authorization Documents available to certain EAD renewal applicants from up to 180 days to up to 540 days. The final rule will continue to help prevent eligible renewal EAD applicants from experiencing a lapse in employment authorization and/or the validity of their EAD due to lengthy processing times.

The final rule will become effective on Jan. 13, 2025, and will apply to certain timely filed renewal EAD applications pending or filed on or after May 4, 2022.

If you filed Form I-765, Application for Employment Authorization, to renew your expiring Employment Authorization Document (EAD), you may qualify for an automatic extension of the expiration date printed on your EAD while your application is pending. You qualify for this automatic extension if:

The Form I-797C, Notice of Action, receipt notice you received for your pending Form I-765 renewal application has a "Received Date" that is before the "Card Expires" date shown on the face of your EAD;
The Form I-797C, Notice of Action, receipt notice has a "Received Date" on or after May 4, 2022, and on or before Sept. 30, 2025;
Your renewal application is under a category that is eligible for an automatic extension (see the list of categories in the link below); and
The category on your current EAD matches the "Eligibility Category" or "Class Requested" listed on your Form I-797C, Notice of Action, receipt notice. (The table below lists exceptions for certain categories.)

If all the above factors are true, then your employment authorization does not expire on the date printed on your EAD, because you have been granted an automatic extension. To determine your actual EAD expiration date, please see the "Automatic Extension Eligibility Calculator" and more information in the link https:// www.uscis.gov/eadautoextend

H-1B Modernization Final Rule

The Department of Homeland Security (DHS) announced a final rule on 12/17/2024 that modernizes the H-1B program by streamlining the approval process, increasing its flexibility to better allow employers to retain talented workers, and improving the integrity and oversight of the program.

Effective Date: The new rule takes effect on January 17, 2025.

H-1B Program Updates

Specialty Occupation Clarification: Clarifies requirements for qualifying positions and degree fields.
Portability: Workers can start new employment upon filing, not approval.
Grace Periods: Up to 60 days for job changes, status maintenance, or departures.
Bona Fide Employment: Petitioners must prove their positions are genuine as of the start date.

F-1 Program Flexibility

Automatic extension of F-1 status and employment authorization until April 1 of the fiscal year when transitioning to H-1B.

Program Integrity Enhancements

Site Visits: Non-cooperation may lead to petition denial or revocation.
Beneficiary-Owners: Limits initial and first extensions to 18 months for H-1B petitions involving owners with a controlling interest.
Elimination of Itinerary Requirements: Simplifies filing for H-1 and related visas.

H-1B PROGRAM MODERNIZATION

Clarifying Specialty Occupation Requirements

"Specialty Occupation" definition has been revised to clarify that qualifying degree fields must be directly related to the job duties.
USCIS will consider a range of degree fields that logically connect to the role, addressing concerns about outdated or overly narrow definitions.

Worker Flexibilities

Grace Period Extensions: Workers receive up to 60 days to change employment or prepare for departure after petition revocation or cessation of employment.
Portability Provision: H-1B workers can start new employment with a new employer upon filing a valid petition, eliminating delays caused by waiting for approval.
Bona Fide Positions: Employers must demonstrate that a legitimate, specialty occupation position exists as of the petition's start date.
The extension is available to certain applicants who filed Form I-765 (Application for Employment Authorization) renewal applications on or after October 27, 2023.

H1B Entrepreneurship

H-1B petitions for individuals with a controlling interest (over 50% ownership) in the petitioning entity will be limited to 18 months for the initial filing and first extension.

F-1 PROGRAM FLEXIBILITY

To prevent disruptions for students transitioning to H- 1B status, DHS now allows for the automatic extension of F-1 status and related employment authorization until April 1 of the fiscal year. This change ensures that students awaiting H-1B approval maintain lawful status and employment eligibility.

PROGRAM INTEGRITY MEASURES

DHS has introduced provisions to ensure the integrity of the H-1B program

Site Visits: Employers must comply with USCIS site visits or risk petition denial or revocation.
Contract Requirements: Employers may need to provide contracts or evidence proving the bona fide nature of the position.
Third-Party Staffing Rules: If an H-1B worker is placed at a third-party site, the position must meet specialty occupation requirements based on the third party's criteria

Additionally, DHS has eliminated itinerary requirements, simplifying H-1 and related visa filings.

The DHS's final rule introduces a range of updates that modernize the H-1B program and streamline transitions for F-1 students. These updates offer greater flexibility and reduce compliance challenges for employers and beneficiaries.

Employers should take note of the new specialty occupation clarifications, worker grace periods, and beneficiary-owner limitations to remain compliant when filing petitions. F-1 students transitioning to H-1B status can now benefit from uninterrupted status extensions, ensuring smoother employment continuity.

The final rule balances worker flexibility with program oversight, ensuring that the H-1B program remains efficient, fair, and aligned with the evolving needs of US employers and the global workforce. For more information, please visit https://www.uscis.gov/newsroom/news releases/uscis-announces-strengthened-integrity-measures-for-h-1b-program

The Contributor of these articles is, Madhurima Boyapati Paturi. She is current Immigration/Legal Chair for ATA

Disclaimer: The aforementioned information are simply updates, common knowledge, and generalized information, not legal advice. If you are seeking legal advice, please contact the immigration attorney, Madhurima B. Paturi. www.mpaturilaw.com