By Attorney Amanda Mitchell

The United States Citizenship and Immigration Services (“USCIS”) has recently published important changes impacting immigration processes, aimed at alleviating backlogs and streamlining procedures. Here's what you need to know:

1.    Extended Validity for Certain Employment Authorization Documents (EADs)

On April 4, 2024, the USCIS announced a temporary final rule (“TFR”) reinstating the automatic 540-day extension period for specific Employment Authorization Documents (“EAD”). This initiative aims to address USCIS backlogs, minimize potential gaps in work authorization for individuals in the U.S., and to support the operations of U.S. employers. 

Eligibility Criteria for the Extended EAD Validity:

To qualify for the extended EAD validity, applicants must meet the following criteria:

•    File Form I-765 for a renewal of employment authorization or EAD before the current EAD expires (except for certain Temporary Protected Status (“TPS”) or a pending TPS application).
•    Be eligible for renewal under a qualifying category.
•    Ensure that the category on the current EAD matches the "Class Requested" on Form I-797C Notice of Action, Receipt Notice.

Note: Specific categories such as TPS beneficiaries, H-4, E, and L-2 dependent spouses have additional requirements.

The eligible EAD categories for the 540-day automatic extension include:

•    Refugee (a3)
•    Asylee and those with pending asylum applications (a5), (c8)
•    N-8 or N-9 (a7)
•    Citizen of Micronesia, Marshall Islands, or Palau (a8)
•    Withholding of Deportation or Removal Granted, Suspension of Deportation Applicants (filed before April 1, 1997), Cancellation of Removal Applicants, Special Rule Cancellation of Removal Applicants Under NACARA (a10), (c10)
•    Temporary Protected Status (TPS) Granted and pending initial applications for TPS where the USCIS determines the applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit” (a12), (c19)
•    Spouse of principal E nonimmigrant with an unexpired I-94 (a17)
•    Spouse of principal L-1 Nonimmigrant with an unexpired I-94 (a18)
•    Pending Adjustment of Status pursuant to s 245 of the INA (c9)
•    Creation of Record (Adjustment based on Continuous Residence since January 1, 1972) (c16) 
•    Section 210 Legalization (pending I-687) (c20) 
•    Section 245A Legalization (pending I-687) (c22) 
•    LIFE Legalization (c24) 
•    Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 status (c26) 
•    VAWA Self-petitioners (c31)

The automatic extension begins on the expiration date found on the applicant's EAD whilst the application remains pending. The automatic extension applies to EAD renewals previously eligible for the automatic 180-day extension for their EAD. 
The automatic extension will automatically terminate prior to the 540-day extension when the USCIS issues a decision on the pending Form I-765 renewal application, or upon notice. 

2.    Indefinite Validity for Form I-693, Report of Immigration Medical Examination and Vaccination Record

USCIS has also confirmed that Form I-693, Report of Immigration Medical Examination and Vaccination Record properly completed and signed by a civil surgeon on or after November 1, 2023, will now have indefinite validity. This change aims to expedite the processing of Adjustment of Status (“AOS”) applications and reduce Requests for Evidence (RFEs) issued by the Service.

Form I-693 signed prior to November 1, 2023, continue to be valid for only two (2) years. 

Why the Change Matters:

Form I-693 plays a crucial role in the immigration process by screening applicants for public health and safety, ensuring an applicant's mental health is assessed, surveying vaccination compliance, and verifying that applicants do not pose a health risk to the U.S. By extending its validity indefinitely, USCIS aims to streamline the application process while retaining the right to request updates on an applicant's health status when necessary. As such, the burden of complete and accurate reporting remains with the applicant throughout the adjustment of status process. 

These updates are particularly significant for applicants and immigration professionals, as they impact eligibility, processing times, and compliance requirements. For assistance with your immigration journey and compliance needs, please feel free to reach out to our expert team at CTM Legal Group, guiding you through every step with precision and care. 

Stay tuned for more insights on USCIS updates and I-9 compliance considerations in our upcoming blogs.