General information

On January 30, 2023, USCIS started issuing redesigned Green Cards (Form I-551 Permanent Resident Cards) and EAD Cards (Form I-765 Employment Authorization Document).  The newly designed cards contain state-of-the-art technology that continue to safeguard against secure document tampering, counterfeiting, and fraud.

The introduction of the new designs does not mean that currently issued cards are invalid. Current cards remain valid until their expiration date (unless otherwise noted, such as through an automatic extension of a Green Card or EAD as indicated on a Form I-797, Notice of Action, or in a Federal Register notice).

USCIS has stated that some Green Cards and EADs issued after January, 30, 2023, may still display the existing design format because USCIS will continue using existing cardstock until current supplies are depleted. Both versions of the cards are acceptable for Form I-9, Employment Eligibility Verification; E-Verify; and Systematic Alien Verification for Entitlements (SAVE).

Some older Green Cards do not have an expiration date. These older Green Cards without an expiration date generally remain valid; however, USCIS encourages applicants with these older cards to consider applying for a replacement card to prevent fraud or tampering should the card ever get lost or stolen.

To mitigate the risk of fraud and counterfeiting, USCIS redesigns the cards every three to five years.

U.S. Citizenship and Immigration Services (USCIS) is extending certain COVID-19-related flexibilities through March 23, 2023.

USCIS anticipates that barring changes presented by the pandemic, this will be the final extension of these accommodations. Requestors must comply with response requirements set forth in any request or notice dated after March 23, 2023.

Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date before taking any action. The USCIS notices and requests eligible for this extension include:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers;
• Notices of Intent to Withdraw Temporary Protected Status; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

• The form was filed up to 90 calendar days from the issuance of a decision we made; and
• We made that decision between Nov. 1, 2021, and March 23, 2023, inclusive.

Starting January 25, 2023, USCIS will extend Conditional Permanent Resident Cards for an additional 48 months beyond the card’s expiration date as long as the I-751 Removal of Conditional Permanent Residence petition was timely filed.

USCIS announced that starting on January 25, 2023, it will resume adjudicating both the Form I-129 for H-1B/L-1 nonimmigrants and the Forms I-539/I-765 for their H-4/L-2 dependents at the same time as long as the applications were filed together (whether premium processing was requested or not).  USCIS agreed to bundle these applications and adjudicate them at the same time as part of a class action settlement agreement.

The expansion of U.S. Citizenship & Immigration Services’ (USCIS) premium processing program has moved into a new phase!  At long last, premium processing will now include all multinational manager and executive I-140 petitions as well as National Interest Waiver (NIW) I-140 petitions.  Beginning January 30, 2023, USCIS will accept Form I-907 premium processing requests for all new and pending I-140 petitions for multinational executive and manager petitions and NIW petitions. These premium-processed I-140 petitions are to be adjudicated within 45 days.  In March 2023, USCIS plans to further expand premium processing to pending Form I-765s filed by F-1 students for Optional Technical Training (OPT) and STEM OPT.  This will be further expanded in April 2023 to initial OPT and STEM OPT applications. Exact details are expected to be announced in February 2023.

Premium processing allows petitions to be adjudicated much faster than the stated USCIS processing times, for an additional USCIS filing fee.  More and more employers and beneficiaries are electing to use premium process as USCIS processing delays have continued to increase in the post-Covid world.  Have questions about whether your petition is eligible for premium processing?  Reach out to the attorneys at CYA today!

Starting this week U.S. Citizenship and Immigration Services (USCIS) has updated its policy to automatically extend the validity of permanent resident cards (also called green cards) for individuals who have applied to become U.S. citizens.

This change in policy is a welcome change as it alleviates the need for naturalization applicants to file an extra application, the I-90, to renew their green card while they’re in the process of naturalizing. This automatic extension will apply to all applicants who file Form N-400 on or after Dec. 12, 2022. As a result of longer than normal processing times, many applicants for naturalization were finding themselves needing to renew their green cards while they waited for USCIS to adjudicate their naturalization cases. With a filing fee of $540, this need to file the I-90 was a costly and frustrating extra expense for many lawful permanent residents who were in the process of becoming US citizens.

Lawful permanent residents who submit their naturalization application on or after December 12, 2022 will receive this extension automatically. USCIS plans to update the language on the N-400 receipt notice to make clear that the naturalization applicant’s green card is automatically extended for up to 24 months. This N-400 receipt notice can then be shown along with the expired green card as evidence of continued employment authorization for I-9 purposes.

In order to provide Ukrainian and Afghan parolees with the same benefits that are given to refugees under the immigration laws, USCIS has decided that Ukrainian and Afghan parolees are eligible for employment authorization immediately upon entering the United States. Parole is the legal term for allowing someone to temporarily enter the United States even though he/she may not have a visa or be otherwise eligible for admission.

This policy is effective as of November 21, 2022, and enables certain Ukrainian and Afghan parolees (and their qualifying family members) to begin working immediately, and without applying for employment authorization from USCIS.  Eligible individuals will be able to show an unexpired I-94 to their employers to document their employment eligibility. This new policy provides a welcome and much needed benefit to many Ukrainian and Afghan nationals who have recently fled their home countries. For more information regarding eligibility for this new policy, please contact us for a consultation.

A growing number of U.S. airports have stopped stamping foreign passports with an entry stamp when a foreign national enters the United States. Instead, each time someone enters the United States Customs and Border Protection (CBP) creates an online electronic record of the individual’s entry. This online electronic record is called an I-94, and international travelers should check their I-94 record after every entry into the United States to ensure that all of their data and admission information is correct.

This weekend CBP launched a new app called “CBP One” that serves as a single portal to CBP services and makes checking your I-94, registering for a provisional I-94, and booking customs appointments available all in one app. Check it out here, and help ensure that your international travels into the U.S. go as smoothly and quickly as possible.