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USCIS Streamlines Process for Refugee Employment Authorization Documents

March 12th, 2024


Release Date 03/12/2024

USCIS has begun implementing a streamlined process for Form I-765, Application for Employment Authorization, to provide Employment Authorization Documents (EADs) more efficiently to eligible refugees after they are admitted into the United States. This streamlined process shortens the wait time for an EAD to approximately 30 days instead of several months. All individuals admitted into the United States as refugees on or after Dec. 10, 2023, will receive EADs pursuant to this new process.

Under U.S. law, a refugee is legally authorized to work as soon as they arrive in the United States. Obtaining proof of this work authorization in the form of an EAD, however, was previously a cumbersome paper-based process that led to undue delays. The new process is fully automated and no longer requires refugees to apply for an EAD, allowing for more efficient processing and adjudication of Form I-765 and quicker delivery of EADs after we approve them.

With this new process, USCIS will digitally create a Form I-765 for arriving refugees and begin adjudicating it as soon as they are admitted into the United States. After USCIS approves a refugee’s Form I-765, refugees will generally receive their EAD within one to two weeks. USCIS will mail their EAD via U.S. Postal Service Priority Mail to their address of record. The time frame for a refugee to receive their EAD card may vary, depending on delivery times. Please allow a total of 30 days before inquiring.

USCIS will also electronically provide the Social Security Administration with the information required to assign a Social Security number and mail a Social Security card to the refugee.

USCIS recognizes that documents such as an EAD and Social Security card are critical to a newly arrived refugee’s ability to integrate into the United States. This new process is the result of coordination across the U.S. government to support the U.S. Refugee Admissions Program and refugee integration. USCIS is committed to streamlining and digitizing our processes to make them more efficient. We launched this process on Dec. 10, 2023, following a successful trial period.

This process does not apply to following-to join refugees admitted into the United States based on an approved Form I-730, Refugee/Asylee Relative Petition. Additionally, refugees seeking a replacement or renewal EAD will still need to complete and submit Form I-765.

Domestic Renewals of H-1B Visas for Certain Applicants

January 26th, 2024

The Department of State (DOS) has released guidance and frequently asked questions on its new pilot program to resume domestic visa renewals for qualified H-1B non-immigrant visa applicants who meet certain requirements. The pilot program will accept applications from January 29, 2024, through April 1, 2024, or when all 20,000 application slots are filled, whichever comes first.

DOS said it will make available a maximum of 20,000 application slots during this pilot program. Approximately 2,000 per week will be for applicants whose most recent H-1B visa was issued by U.S. Mission Canada with an issuance date of January 1, 2020, through April 1, 2023, and approximately 2,000 per week will be for applicants whose most recent H-1B visa was issued by U.S. Mission India with an issuance date of February 1, 2021, through September 30, 2021.

Participation in the pilot program is voluntary. DOS said that individuals who do not meet the requirements for participation in the pilot program, or those who choose not to participate in the pilot program, may continue to apply for visa renewal at a U.S. embassy or consulate overseas.

There are several steps to apply for this pilot program:

  1. Select the country where your most recent H-1B visa was issued (Note: this initial pilot is limited to renewal of visas issued in India and Canada).  Then follow the online navigator tool to assess your qualifications for participation in the pilot.
  2. If you meet the requirements for participation, follow the instructions in the portal to complete and submit an Online Non-immigrant Visa Application (form DS-160).
  3. Use the online portal to pay the required, non-refundable, non-transferable Machine-Readable Visa (MRV) application processing fee of $205.00.
  4. Follow the instructions on the portal to mail your passport and other required documents for processing.

Are you eligible for domestic renewal? What documents should you include? For more details on processing, FAQs and other related information refer here

New Visa Scheduling Appointment Platform FAQs

November 17th, 2023

On July 29th, 2023, the US Embassy updated that they are changing the appointment booking system from www.portal.ustraveldocs.com to www.usvisascheduling.com. This is a big change as the old system will not work anymore.

The State Department has provided guidance on navigating the new system.  We hope you find this useful.

For registering on the website:  User details – Self Asserted (b2clogin.com)

Can I use the same login credentials from U.S. Traveldocs on the new U.S. Visa Scheduling system?

No, a new account and profile will need to be registered on the new platform, also the login credentials used for U.S. Traveldocs will not be valid on U.S. Visa Scheduling. If you have created a profile and paid the visa fee on the old system, but have not yet scheduled the appointment, you will need to create a new account on U.S. Visa Scheduling to proceed with appointment scheduling.

Do I need to repay the visa fee when I create a new profile on U.S. Visa Scheduling?

No, if you paid the MRV fee already in the old system (prior to July 15, 2023 for consulates in India), you can enter the payment receipt number into the new system when creating your profile in order to associate the payment with your new account.

What if I am unable to see my previously scheduled appointment or MRV fee payment in the new profile?

DOS has been working on migrating all scheduled appointments and paid fees from U.S. Traveldocs to the new system, but is aware of reports that this is not always happening. If you scheduled an appointment or paid fees in the U.S. Traveldocs system, and do not see them in your new U.S. Visa Scheduling profile, you should contact the consulate’s support e-mail ID (for India, this is support-india@usvisascheduling.com) and request the migration of your appointment details to the new system. If this is not successful, then applicants can try the Navigator function on the embassy’s website.

The State Department has advised that applicants should not repay the visa fee if they have already done so in the old system, as the 2nd fee will not be refunded. Instead, they should request use of the support e-mail or Navigator function as described above.

What type of payment can be used for MRV fees on the U.S. Visa Scheduling system?

For consulates in India, the new system accepts only Indian credit or debit cards for MRV fee payment, unlike the U.S. Traveldocs system. Payments in the new system must be made with an Indian card, although prior payments made with previously-accepted forms of payment may still be migrated to the new system, as described above.

What is the Petition Request Number? Is it different from the Receipt Number?

No, it is the same. The Indian booking system has separate fields for “Petition Request Number” and “Petition Receipt Number;” however, they are both referring to the receipt number, and the “Request Number” field appears to have been added in error. The State Department is working on removing the extra field, but until it has done so, applicants can enter the same receipt number in both fields.

What do I list as the time for the petition start and end dates?

The addition of hour and minute fields to the petition start and end dates also appears to be a programming error, and will be removed. In the meantime, applicants can enter 12:01am for the start date time, and 11:59pm for the end date time.

Will I still receive a notification when my passport is ready for pickup?

Yes, similar to the previous system, applicants should receive an e-mail and text notification from the application support center when their passport with the issued visa is ready to be collected. For applicants at consulates in India, passports may also be tracked online here.

Immigration Reform: A Path Forward

November 12th, 2023

As sweeping immigration reform is highly unlikely, there are certain targeted reforms that are both urgently needed and potentially achievable; such as:

== To protect DREAMers, we propose a new, indefinite “conditional residence status” to DREAMers with protection from deportation, work authorization, and the right to travel abroad

== State-based Immigration Programs: This proposal would authorize state governors to ask DOL and/or DHS to approve additional worker petitions to authorize the hiring of immigrants by employers in their respective states

== Border Management and Asylum Reform

== Improve access to refugee resettlement to the United States and other countries in the Western Hemisphere for those who qualify

== Expand other avenues to legal migration

== Reform asylum for border arrivals

== Explore demands for both asylum and border reforms that would partially be ameliorated by new immigrant worker programs

== Build on Current Proposals for Essential Workers

== Help the healthcare services industry to recruit foreign national workers from countries in the Western Hemisphere for those who qualify

For more on these proposals see here

Maximum Period Increased to Five Years for EADs for Certain Categories

October 5th, 2023

USCIS has updated guidance in the Policy Manual to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain non-citizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal.

We are also increasing the maximum validity period to 5 years for initial and renewal EADs for certain non-citizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal.

The updated guidance applies to the following categories:

Category
8 C.F.R. § 274a.12
Purpose
(c)(8)Pending application for asylum or withholding of deportation or removal
(c)(9)Pending application for adjustment of status under INA 245
(c)(10)Pending application for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA)
(c)(37)Commonwealth of the Northern Mariana Islands (CNMI) long-term residents

For more: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230927-EmploymentAuthorizationValidity.pdf

Congress Must Pass a Permanent Solution and Expand Protections for Dreamers as Ruling Attempts to End the DACA Program

September 21st, 2023

On September 13, 2023, Judge Andrew Hanen of the Southern District of Texas ruled that the Deferred Action for Childhood Arrivals (DACA) program is unlawful and in violation of the Administrative Procedure Act.

This decision aims to terminate the DACA program and will leave thousands of undocumented youth in legal limbo without the ability to apply for work authorization, drivers licenses, and other protections that the DACA program offers.  

The following statement is from Jorge Loweree, managing director of programs at the American Immigration Council: 

“This decision was a major blow to thousands of our friends, neighbors, and colleagues that benefit from DACA’s protections, and the families and communities who rely on them. While the decision won’t have an immediate impact on people who currently rely on the program to live and work in the U.S. without the constant threat of deportation, it will continue to sow fear and distrust across the country. If Congress continues to sit on its hands, waiting to be forced into action, the Republican-led state effort to kill DACA by a thousand cuts will succeed. The time to act is now.”

The American Immigration Council has a range of research and other resources on DACA, including policy experts available to speak on policies designed to protect Dreamers and what is at stake for over 650,000 DACA beneficiaries across the country. The Council also has data on demographic and economic contributions of DACA recipients in each U.S. state and nationwide.  

DHS Ends Form I-9 Requirement Flexibility

May 12th, 2023
Red speech bubble with bold text, "Important!".COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, will end on July 31, 2023. U. S. Immigration and Customs Enforcement (ICE) recently announced that employers must complete in-person physical document inspections for employees whose documents were inspected remotely during the temporary flexibilities by August 30, 2023.

This new announcement gives employers additional time to complete in-person physical inspection of identity and employment authorization documents, and annotate the Form I-9 for this population. These flexibilities were initially announced in March 2020 and updated in March 2021. See I-9 Central Questions and Answers for more information. DHS published a Notice of Proposed Rulemaking for alternative procedures allowing remote document examination for Form I-9 last year.  DHS anticipates publishing a Final Rule in the Federal Register that will implement this proposal.

Certain Employees May Present New or Corrected Forms I 797C, Notices of Action For TPS and Asylum Applicants – Also, new Info for EAD Renewals and Automatic Extension Time Periods

March 20th, 2023

Red speech bubble with bold text, "Important!".Certain employees received a notification from USCIS instructing them to sign into their USCIS online account to download their new or corrected I‑797C, Notice of Action, receipt notice. USCIS will also send these employees a new or corrected paper Form I‑797 receipt notice by mail.

For pending asylum applicants, USCIS issued Form I‑797C, Notice of Action (I‑797 receipt), that did not include information about the up to 540‑day Employment Authorization Document (EAD) auto‑extension period for individuals that filed a Form I‑765 to renew their employment authorization and EAD. These employees can present their new I‑797C receipt with their expiring or expired EAD with a Category Code of C‑08 as a List A document that is valid for up to 540 days.

For Temporary Protected Status (TPS), USCIS either did not issue a Form I‑797C receipt to some beneficiaries, or the notices issued did not include the up to 540‑day EAD auto-extension period. These employees may present their new I‑797C receipt indicating either A‑12 or C‑19 as the Class Requested with their expiring or expired EAD with a Category Code of A‑12 or C‑19 as a List A document that is valid for up to 540 days.

Note that the Class Requested on Form I‑797C and the Category Code on the EAD do not have to match. For more information on the 540‑day Employment Authorization Document (EAD) auto‑extension period, visit the USCIS Automatic Employment Authorization Document (EAD) Extension page.

Great News: USCIS Expands Premium Processing for F-1 OPT and Stem

March 12th, 2023

U.S. Citizenship and Immigration Services announced today the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions who have a pending Form I-765, Application for Employment Authorization, and wish to request a premium processing upgrade.

Form I-907, Request for Premium Processing Service, is now also available to F-1 students in these categories. USCIS continues to accept the latest paper version of this form by mail. 

“The availability of premium processing for certain F-1 students, in addition to the ease of online filing, will streamline the immigration experience for a great many international students,” said USCIS Director Ur M. Jaddou. “The ongoing expansion of online filing is a priority for USCIS as we continue to create operational efficiencies and increase access to the immigration system for stakeholders, applicants, petitioners, requestors, and those we serve.”  

Premium processing expansion for certain F-1 students will occur in phases, and students requesting premium processing should not file before these dates: 

  • Beginning March 6, USCIS will accept Form I-907 requests, filed either via paper form or online, for certain F-1 students who already have a pending Form I-765, Application for Employment Authorization, if they are filing under one of the following categories: 
    • (c)(3)(A) – Pre-Completion OPT; 
    • (c)(3)(B) – Post-Completion OPT; and 
    • (c)(3)(C) – 24-Month Extension of OPT for STEM students. 
  • Beginning April 3, USCIS will accept Form I-907 requests, filed either via paper form or online, for F-1 students in the above categories when filed together with Form I-765

USCIS will reject premium processing requests for a pending Form I-765 if received before March 6, and will reject any premium processing request for an initial or concurrently filed Form I-765 that is received before April 3. 

To file Form I-907 online, an applicant must first create a USCIS online account, which provides a convenient and secure method to submit forms, pay fees, and track the status of any pending 

USCIS immigration request throughout the adjudication process. There is no cost to set up a USCIS online account, which offers a variety of features, including the ability to communicate with USCIS through a secure inbox and respond to Requests for Evidence online.  

Applicants who previously filed a paper Form I-765 and wish to file Form I-907 online to request premium processing should reference the USCIS Account Access Notice they received for the Online Access Code and details on how to link their paper-filed cases to their online account, or they will not be able to file Form I-907 online and will need file a paper Form I-907 with the Chicago lockbox. 

The addition of online filing for Form I-907 brings the total number of forms available for online filing to 16. The Forms Available to File Online page has links to file all of these forms. USCIS continues to accept the latest paper versions of all forms by mail. More than 1.8 million applications, petitions and requests were filed online in FY 2022, a 53% increase from the 1.2 million filed in FY 2021. 
 

H-1B 2024 Season Coming Soon

February 19th, 2023

Initial H-1B registration period for the fiscal year 2024 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 17, 2023. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using our online H-1B registration system.

For more on the process refer here