Adviser's Manual 360

A reminder that April 1 ushered in changes to Form I-129 filing fees, form version, and filing addresses. USCIS will use the postmark date of a filing to determine which form version and fees are correct but will use the received date for purposes of the new I-129 H-1B lockbox filing addresses.

USCIS published a second temporary rule that increases the automatic extension of a narrow group of timely-filed EAD renewal applications from 180 days to 540 days from the expiration date stated on their EADs. The temporary rule can benefit some adjustment of status and H-4 EAD renewal applicants, but not student-based EAD applicants.

On April 1, 2024, USCIS is changing the filing location from USCIS service centers to a USCIS lockbox for "concurrently filed Forms I-907, Request for Premium Processing Service; I-140, Immigrant Petition for Alien Worker; and I-485, Application to Register Permanent Residence or Adjust Status, and for related Forms I-131, Application for Travel Document; I-765, Application for Employment Authorization; and I-824, Application for Action on an Approved Application or Petition, filed with the application package." Unlike the filing location change for H-1B I-129 petitions, this filing location change has a 30-day grace period. USCIS says that "Starting May 2, 2024, we may reject concurrently filed Forms I-907, I-140, and I-485, and any related Forms I-131, I-765, and I-824 filed with the application package, that are received at the USCIS service centers."

On March 14, 2024 the Department of State exchange visitor program office distributed Guidance Directive 2024-01 to program sponsors, describing several factors that sponsors should take into account when determining whether human or animal contact is appropriate for an academic exchange visitor's program category.

Beginning April 1, 2024, all paper-filed H-1B and H-1B1 Form I-129 petitions must be filed at the correct USCIS lockbox facility. On and after that date USICS will reject paper-filed petitions in those categories that are received at a USCIS Service Center. USCIS will provide the lockbox filing addresses for paper-filed forms in late March via a web alert and the USCIS Form I-129 Direct Filing Addresses page

As we approach the end of the most recent Continuing Resolution funding agencies like DHS until March 8, 2024, visit NAFSA's page with information on how a government shutdown caused by a lapse in appropriations impacts immigration-related services.

A reminder that a final rule effective February 26, 2024 has raised USCIS's premium processing fees. Forms I-907 postmarked on or after February 26, 2024 must be accompanied by the new filing fee, or USCIS will reject the Form I-907 and return the filing fee. The postmark date for filings sent by commercial courier services like UPS, FedEx, and DHL is the date reflected on the courier receipt.

On February 15, 2024, the Department of Labor (DOL) extended until May 13, 2024 the comment period on its Request for Information (RFI) on "Modernizing Schedule A to Include Consideration of Additional Occupations in STEM and Non-STEM Occupations." Comments were originally due by February 20, 2024.

On February 14, 2024, President Biden signed a "Memorandum on the Deferred Enforced Departure for Certain Palestinians" to establish the Deferred Enforced Departure (DED) benefit for Palestinians in the United States who meet the conditions listed in the memorandum. The memo also directs the Secretary of Homeland Security "to consider suspending regulatory requirements with respect to F-1 nonimmigrant students who are Palestinians as the Secretary of Homeland Security determines to be appropriate." The latter would be in the form of Special Student Relief (SSR) for Palestinian F-1 students, but DHS would have to publish an SSR notice in the Federal Register to activate that benefit.

USCIS has published a final fee rule with an April 1, 2024 effective date. Any benefit request postmarked on or after April 1, 2024 must be accompanied by the new fees. On February 22, 2024, DHS will hold a webinar to discuss the changes made in this final rule. You may submit questions to USCIS in advance of the webinar by emailing USCIS public engagement no later than 4 pm eastern on February 8, 2024. Webinar registration information, question submission instructions, and a summary of key parts of the rule can be found on NAFSA's page.