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Below we have discussed the latest 5 policies introduced by the USCIS to tackle the problem of Backlog and assist with Immigration.
In the last few months, the United States has taken several actions to restore order to visa and immigration operations and reduce backlogs caused by the pandemic.
The United States Citizenship and Immigration Service (USCIS) has revealed five new changes you should be aware of, ranging from premium processing to visa extensions for overseas students.
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Work authorizations (For spouses of H, E, and L visa holders)
- A new handbook has been released for spouses with H, E, or L work permits.
- E and L dependent spouses are no longer required to submit EAD applications.
- Dependent spouses with H-4, E, or L status may be eligible for an automatic extension of their current job authorizations and associated EADs, provided that they properly submit a renewal application before it expires and have an unexpired Form I-94 proving their current status.
- Until the end date on Form I-94 indicating valid status, the approval or refusal of the EAD renewal application, or 540 days after the day the prior EAD expired, their EADs will be automatically extended (whichever comes first).
J-1 visa extension
Students majoring in STEM (science, technology, engineering, and mathematics), including recent college graduates, can now prolong their J-1 visas for up to 36 months if they plan to start academic studies no longer than a month after finishing their STEM-related studies.
- The Department of Homeland Security (DHS) has recently expanded the STEM Optional Practical Training (OPT) program to include 22 new fields of study.
O-1 Visa guidelines
An expanded guideline for O-1 work visas for individuals with exceptional talent in particular disciplines, such as science, education, business, athletics, the arts, or film or tv production, has been released.
An important qualification is that the applicant “must be coming temporarily to the United States to resume work in the area of exceptional ability and must display extraordinary ability by prolonged national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry.”
Suppose an applicant demonstrates that a certain criterion does not naturally relate to their employment. In that case, the new guideline focuses on producing proof of equal value to that criterion to establish sustained awards and recognition.
Premium Processing (For EB-1 and EB-2 holders)
A premium process has been implemented for 140 applicants with pending EB-1 and EB-2 petitions.
The expansion will work in phases:
- From June 1, 2022: E13 multinational executive and manager petitions submitted using Form I-907 and received on or before January 1, 2021, will be approved.
- July 1, 2022, onwards: Form I-907 applications for E13 multinational executive and management petitions (received on or before March 1, 2021) and E21 NIW petitions (received on or before June 1, 2021) will be taken into account.
Throughout the various phases of the extension, premium processing will remain available for new Form I-140 employment applications, I-539 forms for status changes, and I-765 EAD forms.
Extension of Authorized Work Period
The employment authorization and/or EADs of some renewal petitioners who have submitted Form I-765, Application for Employment Authorization, are automatically extended while the application is being processed. This covers family, employment, TPS, asylum, and diversity applications.
As a result, the applicant’s permitted work time has increased from 180 days to 540 days. The USCIS expects that by doing this, immigrants will be able to avoid job vacancies brought on by outstanding EAD renewal requests.
Check out latest U.S Immigration News here!
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