International Law and Immigration
Immigration Updates For December 2024
A monthly publication of the International Law and Immigration Section of the California Lawyers Association.
- Editor-in-Chief: Radhika Balaji
- Contributions by Anitha Tamizharasan
USCIS Mandates Submission of Medical Examination and Vaccination Record with Form I-485
US Citizenship & Immigration Services (USCIS) announced on December 2, 2024 that it now requires certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, to include Form I-693, Report of Immigration Medical Examination and Vaccination Record. Applications without Form I-693 may be rejected. This change aims to reduce Requests for Evidence (RFEs) and expedite processing. Applicants must ensure Form I-693 is completed by a civil surgeon and submitted with Form I-485. Updated instructions are available on the USCIS website here. For further details, refer to Vol. 8, Part B, Chapter 3 of the USCIS Policy Manual.
USCIS Announces Fiscal Year 2025 H-1B Cap Reached
On December 2, 2024, US Citizenship & Immigration Services (USCIS) has reached the congressionally mandated cap of 65,000 H-1B visas for fiscal year 2025, along with the 20,000 visas under the U.S. advanced degree exemption (master’s cap). Non-selection notices will be sent to registrants via online accounts in the coming days. Registrations not selected will display the status “Not Selected: Not eligible to file an H-1B cap petition based on this registration.” USCIS will continue to accept petitions exempt from the cap, including extensions, changes in terms of employment, employer changes, and concurrent positions for current H-1B workers. Businesses use the H-1B program to employ foreign workers in specialty occupations. For updates, visit the H-1B Cap Season page.
USCIS Updates Form I-485 for Permanent Residence Applications
US Citizenship & Immigration Services (USCIS) has released a revised version of Form I-485, Application to Register Permanent Residence or Adjust Status, effective December 10, 2024. Beginning, February 10, 2025, only the 10/24/24 edition will be accepted; older versions will be rejected. Key changes include:
- Mandatory submission of Form I-693 (Medical Examination and Vaccination Record) with Form I-485 when required.
- Integration of Form I-864W (Affidavit of Support Exemption) into Form I-485, eliminating the need for a separate form.
- Clarified public charge questions to streamline the process and reduce confusion.
- Consolidated instructions for improved usability.
These updates aim to simplify the application process. For further details, visit uscis.gov/i-485.
DHS Permanently Increases Automatic EAD Extension Period to 540 Days
On December 13, 2024, the Department of Homeland Security (DHS) has finalized a rule increasing the automatic extension period for Employment Authorization Documents (EAD) from 180 days to 540 days for eligible noncitizens filing timely renewal requests. This change, effective January 13, 2025, aims to reduce employment lapses while USCIS processes renewals, benefiting both workers and U.S. employers. Key efforts by USCIS include:
- Halving median EAD processing times for adjustment of status applicants since FY 2021.
- Expanding online filing and streamlining refugee EAD processing.
- Extending EAD validity for certain applicants to five years.
The rule enhances workforce stability and aligns with ongoing initiatives to support the U.S. economy. For details, visit the Automatic Employment Authorization Document Extension page.
USCIS Updates Evidence Requirements for International Entrepreneur Rule Applications
On December 12, 2024, US Citizenship & Immigration Services (USCIS) has updated its policy guidance on evidence requirements for applicants under the International Entrepreneur Rule. The revised guidance specifies the evidence needed to demonstrate the applicant’s active role and contribution to the growth of the startup entity. Key updates include:
- Expanded evidence for qualified investments and government awards/grants.
- Alternative evidence options for applicants.
- Clarifications on evidence supporting a significant public benefit finding.
This updated guidance is effective immediately and applies to all requests pending or filed on or after 12 December 2024. For details, refer to Volume 3 of the USCIS Policy Manual.
DHS Modernizes H-1B Program to Help U.S. Employers Fill Critical Jobs
On December 17, 2024, the Department of Homeland Security (DHS) has announced a final rule to enhance the H-1B program, enabling U.S. companies to more efficiently fill vacancies in critical fields. The rule modernizes the program by streamlining approvals, increasing flexibility for employers to retain skilled workers, and strengthening program integrity. Key updates include:
- Expanded criteria for specialty occupation positions and exemptions for research organizations.
- Flexibilities for F-1 students transitioning to H-1B status to prevent status disruptions.
- Faster processing for previously approved H-1B applicants.
- Codification of USCIS inspection authority and stricter compliance requirements.
The rule takes effect on 17 January 2025, requiring the updated Form I-129 for all petitions. The changes aim to support U.S. businesses’ labor needs while protecting U.S. workers and ensuring program efficiency. The announcement is available here.
DHS Modernizes H-2 Visa Programs to Enhance Job Filling and Worker Protections
On December 17, 2024, the Department of Homeland Security (DHS) announced a final rule to modernize the H-2 visa programs, effective January 17, 2025. The updated rule improves program efficiency, strengthens worker protections, and enhances flexibility for H-2A and H-2B workers.
Key highlights:
- Efficiency: Removes the annual country eligibility list requirement and simplifies rules for resetting the 3-year stay period.
- Protections: Imposes stricter penalties on companies charging prohibited fees, introduces whistleblower protections, and enhances compliance requirements.
- Flexibility: Extends grace periods, allows immediate job portability, and permits steps toward lawful permanent residency without losing H-2 status.
A new edition of Form I-129 will be required for all petitions from January 17, 2025.
DHS Finalizes Rule Allowing Mandatory Bars in Fear Screenings for Enhanced Border Security
The Department of Homeland Security (DHS) has issued a final rule, effective December 17, 2024, enabling asylum officers to apply certain mandatory bars—related to national security or public safety—during credible and reasonable fear screenings.
Key highlights:
- Scope: Asylum officers can now determine if noncitizens are barred from asylum or withholding of removal for reasons such as serious crimes, persecution, or terrorism-related grounds.
- Impact: Expedited removal of individuals posing national security or public safety threats.
- Efforts: Aligns with DHS’s strategy to strengthen screening processes, collaborate with foreign and interagency partners, and prevent the release of individuals who pose risks to the U.S.
This rule supports DHS’s commitment to safeguarding national security and maintaining border integrity. The USCIS announcement is available here.
USCIS Updates Policy Manual to Improve Case Assistance and Feedback Processes
On December 18, 2024, U.S. Citizenship and Immigration Services (USCIS) has updated Volume 1, Part A, of the USCIS Policy Manual to enhance guidance on case assistance and feedback options.
Key updates include:
- Change of Address: Recommends using the self-service tool in USCIS online accounts for address updates and adds a new chapter on address discrepancies.
- Case Assistance Tools: Reflects expanded online resources and links to program-specific assistance on the Contact Us webpage.
- Feedback Process: Provides updated guidance on submitting feedback to USCIS.
- Service Request Timelines: Aligns response time for service requests to 15 business days (current practice) and removes timeframes for processing priority service requests while retaining priority for specific categories.
These updates aim to align stakeholder expectations with USCIS processes and enhance the delivery of correspondence and services. The Policy Alert is available here.
USCIS Clarifies Flexibilities for Emergencies and Unforeseen Circumstances
On December 18, 2024, U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to outline discretionary flexibilities available to benefit requestors during and after emergencies or unforeseen circumstances.
These flexibilities may apply to:
- Extensions of stay and changes of status.
- Employment authorization applications and document replacement requests.
- Responses to requests for evidence, fee waivers, expedited processing, and satisfactory departure.
Emergencies include natural disasters, national emergencies, conflicts abroad, and other unforeseen events like cyberattacks or terrorist incidents. USCIS will announce specific flexibilities for qualifying events through its Immigration Relief in Emergencies or Unforeseen Circumstances webpage.
DHS Enhances Maritime and Chemical Security with the Philippines
From 3–5 December 2024, DHS, in collaboration with DTRA and U.S. Embassy Manila, held a maritime cybersecurity exercise and chemical security workshop with the Philippine government. The event tested responses to cyberattacks on port infrastructure and strengthened public-private coordination. It also emphasized chemical security strategies and risk management.
This marks DHS’s third major Indo-Pacific cybersecurity effort in 2024, reinforcing partnerships to protect critical infrastructure and ensure regional stability. The announcement was released on December 6, 2024 and is available here.
DHS Executes Removal Flight to China for Nationals Without Legal Status
On December 9, the U.S. Department of Homeland Security (DHS), through U.S. Immigration and Customs Enforcement (ICE), carried out its fourth large-scale charter removal flight in six months to the People’s Republic of China (PRC). This operation removed Chinese nationals with no legal grounds to stay in the U.S. DHS continues to collaborate with the PRC and other international partners to prevent irregular migration and combat human smuggling networks. The U.S. government stresses the importance of using lawful immigration channels and the swift removal of individuals without legal status. Since the implementation of the June 4 Presidential Proclamation on Securing the Border, DHS has seen a significant reduction in unlawful border crossings, including a 60% decrease in encounters along the southwest border. In FY2024, DHS removed or returned over 742,000 individuals, the highest number since FY2010, with more than 740 international repatriation flights conducted to over 160 countries. The news release is available here.