On April 19, U.S. Citizenship and Immigration Services (USCIS) announced it was redesigning the Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS will begin issuing the new cards on May 1, 2017.

These redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant than the cards currently in use.

The new card designs demonstrate USCIS’ commitment to taking proactive approaches against the threat of document tampering, counterfeiting, and fraud. They are also part of an ongoing effort between USCIS, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement to enhance document security and deter counterfeiting and fraud.

The Redesigned Cards

The new Green Cards and EADs will:

• Display the individual’s photos on both sides;
• Show a unique graphic image and color palette:
  • Green Cards will have an image of the Statue of Liberty and a predominately green palette;
  • EAD cards will have an image of a bald eagle and a predominately red palette;
• Have embedded holographic images; and
• No longer display the individual’s signature.

Also, Green Cards will no longer have an optical stripe on the back.

How To Tell If Your Card Is Valid

Some Green Cards and EADs issued after May 1, 2017, may still display the existing design format, as USCIS will continue using existing card stock until current supplies are depleted. Both the existing and the new Green Cards and EADs will remain valid until the expiration date shown on the card.

Both the new and existing versions of the Green Card and EAD are acceptable for Form I-9, Employment Eligibility Verification and E-Verify. Some older Green Cards do not have an expiration date. These older Green Cards without an expiration date also remain valid. Read USCIS News Release to learn more.

On May 26, 2015, USCIS began accepting I-765 Applications for Employment Authorization for certain H-4 spouses of H-1B nonimmigrants, where:

1. The H-1B spouse is the principal beneficiary of an approved Form I-140, Petition for Alien Worker; or

2. The H-1B spouse has been granted status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). See 80 Fed. Reg. 10284 (Feb. 25, 2015)

While this was welcome news for the families of foreign nationals in backlogged visa categories, the process for obtaining an H-4 EAD has been a source of confusion.

The Basics

H-4 EADs are filed under the (c)(26) category. A properly filed H-4 EAD application will include the following: See USCIS Posts Webpage on Employment Authorization for Certain H-4 Dependent Spouses;

1. Evidence of H-4 status:

a. A concurrently filed Form I-539 application for H-4 status;

b. A copy of the applicant’s most recent I-797 Notice of Action documenting a Form I-539 application to extend or change to H-4 status; or

c. A copy of an I-94 documenting H-4 status.

2. A copy of the applicant’s government issued photo I.D.:

a. A valid EAD;

b. A passport biometric page;

c. A birth certificate with photo ID;

d. A U.S. visa issued by a foreign consulate; or

e. A national identity document that includes a photo.

3. A copy of the applicant’s marriage certificate, showing the relationship to the H-1B nonimmigrant.

4. Proof of eligibility, including:

a. An approved I-140 for the H-1B spouse; or

b. Proof that the H-1B nonimmigrant has received an extension under AC21 §§106(a) or (b), including a copy of the H-1B’s current and prior Forms I-797 (showing H-1B status), and:

i. Proof of having filed a labor certification application at least 365 days prior to the H-1B six-year limitation of stay. If the labor certification is approved, include proof that an I-140 petition was filed within 180 days of the approval if applicable; or

ii. Proof that an I-140 petition was filed 365 days prior to the H-1B six-year limitation of stay.

5. Two passport-style photographs of the applicant. 6. Fees. A bank draft, cashier check, certified check, personal check, or money order for the appropriate fee, made out to “U.S. Department of Homeland Security.”

Upon approval, the EAD expiration date should match the expiration date of the applicant’s H-4 nonimmigrant status. See USCIS Posts FAQs on Employment Authorization for Certain H-4 Dependent Spouses (2/2/17)

Timing Issues

While concurrent filing with an I-539 should allow for a more timely adjudication, USCIS takes the position that the underlying I-539 must be adjudicated first. In addition, on January 17, 2017, the mandatory 90-day adjudication period for employment authorization requests at 8 CFR §274a.13(d) was eliminated, which may further exacerbate processing times. Though USCIS allows applicants with pending H-4 EAD applications to call the National Customer Service Center (NCSC) to request “priority processing” at the 75 day mark. See Response to H-4 Nonimmigrant Spouses Comment; https://www.federalregister.gov/d/2016-27540/p-779. Note that those eligible for automatic extensions of their EAD must wait until the 165-day mark to request priority processing. USCIS also takes the position that the 75 day clock does not start until the I-539 is approved. See USCIS Posts FAQs on Employment Authorization for Certain H-4 Dependent Spouses (2/2/17) For EAD extensions, USCIS allows the applicant to file 180 days prior to the expiration of the current EAD.

However, unlike other categories, a timely filed H-4 EAD extension is not eligible for an automatic extension of employment authorization upon filing.See Response to H-4 Nonimmigrant Spouses Comment; https://www.federalregister.gov/d/2016-27540/p-810.

On December 12, 2016, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related programs:

• English language study programs, as the programs are required to be accredited under the Accreditation of English Language Training Programs Act.
• F-1 students applying for a 24-month science, technology, engineering and mathematics (STEM) optional practical training (OPT) extension, as the regulations require them to use a degree from an accredited, Student and Exchange Visitor Program (SEVP)-certified school as the basis of their STEM OPT extension. The school must be accredited at the time of the application; this is the date of the Designated School Official’s (DSO) recommendation on the Form I-20.

SEVP will provide guidance to affected students in notification letters, should their schools’ certification be withdrawn. However, students enrolled at an ACICS-accredited school should contact their designated school officials (DSOs) immediately to better understand if and how the loss of recognized accreditation will impact the F/M student’s status and/or immigration benefits application(s).

If an ACICS-accredited school voluntarily withdraws from SEVP certification or cannot provide evidence in lieu of accreditation for programs listed on their Form I-17, international students at these schools will have 18 months to:

• Transfer to a new SEVP-certified program;
• Continue their program of study until the current session end date listed on their Form I-20 (not to exceed 18 months); or
• Depart the United States.

After this 18-month grace period, SEVP will terminate the SEVIS records of any active F/M student at an ACICS-accredited school who has not transferred to an SEVP-certified school or departed the United States. Please note, this guidance applies equally to all F/M students—regardless of program of study and the 18-month period is valid for English as a Second Language (ESL) students as well.

ACICS-accredited schools will be unable to issue program extensions, and students will only be allowed to finish their current session if the ACICS-accredited school selects to voluntarily withdraw its certification or is withdrawn by SEVP. If a student’s ACICS-accredited school is able to provide evidence of an ED-recognized accrediting agency or evidence in lieu of accreditation within the allotted timeframe, the student may remain at the school to complete their program of study.

English Language Study Programs

USCIS will issue requests for evidence (RFEs) to any individual who has filed Form I-539, Application to Extend/Change Nonimmigrant Status, on or after December 12, 2016, requesting a change of status or reinstatement in order to attend an ACICS-accredited English language study program. Upon receiving an RFE, individuals will have an opportunity to provide evidence in response, such as documentation showing that the English language study program they are seeking to enroll in meets the accreditation requirements.

If the student does not submit a new Form I-20 from an accredited school, USCIS will deny a change of status or reinstatement request because the program of study is no longer accredited by an entity recognized by ED.

For more information about the loss of ACICS accreditation on English language study programs, see U.S. Immigration and Customs Enforcement’s page on ACICS Loss of Accreditation Recognition.

The 24-Month STEM OPT Extension Program

F-1 students wishing to participate in the STEM OPT extension must have a degree from an ED-recognized accredited U.S. educational institution at the time they file their STEM OPT application. As noted above, USCIS considers the filing of the application to be the date of the DSO’s recommendation on the Form I-20.

USCIS will issue a denial to any F-1 student filing a Form I-765 STEM OPT extension if:

• The STEM degree that is the basis for the STEM OPT extension was obtained from a college or university that was accredited by ACICS; and
• The student’s DSO recommendation for a STEM OPT extension, and as indicated on Form I-20, is dated on or after December 12, 2016 (i.e., the date on which ACICS ceased to be recognized as an accrediting agency).

Because there is a requirement that students use a STEM degree from an accredited, SEVP-certified school at the time of application, the ACICS loss of accreditation prevents these students from qualifying for a STEM OPT extension. Students who receive a denial will have 60 days to prepare for departure from the United States, transfer to a different school, or to begin a new course of study at an accredited, SEVP-certified school.

Students whose Forms I-20 have a DSO recommendation date prior to December 12, 2016, are not affected. For more information about the impact of loss of ACICS recognition on the STEM OPT extension program, see U.S. Immigration and Customs Enforcement’s page on ACICS Loss of Accreditation Recognition.

USCIS has changed the direct filing addresses for where to file certain forms for beneficiaries who will be working or training in Florida, Georgia, or North Carolina. The changes are as follows:

• Starting May 20, 2017, anyone requesting L, O, or P nonimmigrant status for a beneficiary who will be working or training in Florida, Georgia, or North Carolina must file the Form I-129, Petition for a Nonimmigrant Worker and/or Form I-129S, Nonimmigrant Petition Based on Blanket L Petition with the California Service Center. Starting July 20, 2017, USCIS will reject forms sent to the wrong service center.
• If you are filing a P major league sports-related petition, you must continue to file Form I-129 with the Vermont Service Center.

Please go to the Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker web page to determine where to file your forms.

U.S. Citizenship and Immigration Services today announced a redesign to the Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS will begin issuing the new cards on May 1, 2017.

These redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant than the ones currently in use.

The new card designs demonstrate USCIS’ commitment to continue taking a proactive approach against the threat of document tampering and fraud. They are also part of an ongoing effort between USCIS, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement to enhance document security and deter counterfeiting and fraud.

The Redesigned Cards

The new Green Cards and EADs will:

• Display the individual’s photos on both sides;
• Show a unique graphic image and color palette:
  • Green Cards will have an image of the Statue of Liberty and a predominately green palette;
  • EAD cards will have an image of a bald eagle and a predominately red palette;
• Have embedded holographic images; and
• No longer display the individual’s signature.

Also, Green Cards will no longer have an optical stripe on the back.

How To Tell If Your Card Is Valid

Some Green Cards and EADs issued after May 1, 2017, may still display the existing design format as USCIS will continue using existing card stock until current supplies are depleted. Both the existing and the new Green Cards and EADs will remain valid until the expiration date shown on the card.

Certain EADs held by individuals with Temporary Protected Status (TPS) and other designated categories have been automatically extended beyond the validity date on the card. For additional information on which EADs are covered, please visit the Temporary Protected Status and American Competitiveness in the 21st Century Act web pages on uscis.gov.

Both versions 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 remain valid. Individuals who have Green Cards without an expiration date may want to consider applying for a replacement card bearing an expiration date. Obtaining the replacement card will reduce the likelihood of fraud or tampering if the card is ever lost or stolen.

Eligibility for Green Cards and EADs

For more information about the Green Card application process, please visit USCIS.gov/greencard.

To request an EAD, you must file Form I-765, Application for Employment Authorization. Visit uscis.gov for more information about EADs.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.

We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the May 2017 Visa Bulletin.

Visa Bulletin For May 2017

WASHINGTON - U.S. Citizenship and Immigration Services has reached the congressionally mandated 65,000 visa H-1B cap for fiscal year 2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the master’s cap.

The agency will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. However, please keep in mind USCIS suspended premium processing April 3 for up to six months for all H-1B petitions, including cap-exempt petitions. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally mandated FY 2018 H-1B cap. USCIS will continue to accept and process petitions filed to:

• Extend the amount of time a current H-1B worker may remain in the United States;
• Change the terms of employment for current H-1B workers;
• Allow current H-1B workers to change employers; and
• Allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in occupations that require specialized knowledge.

FMCSA is a federal agency within the Department of Transportation that is responsible for regulating the trucking industry in the United States. The new interpretation requires foreign nationals to demonstrate lawful permanent residence in the U.S. or be eligible under paragraph (f) of section 383.71 to obtain a U.S. CDL. This interpretation is a departure from many states’ longstanding practice of issuing CDLs to foreign nationals who were not LPRs but could document lawful immigration status or employment authorization in the U.S. As a result, foreign national commercial drivers who are not permanent residents have been unable to renew their CDLs or have been denied an initial CDL. This has predominantly negatively impacted Mexican and Canadian nationals.

Those who are domiciled in the U.S. are required to prove U.S. citizenship or lawful permanent resident status when initially applying for or renewing a CDL. 49 CFR §383.71(b)(9) and §383.71(d)(5). Those who are domiciled outside the U.S. may obtain a U.S. CDL if FMCSA has NOT certified the home country’s licensure requirements. 8 CFR §383.23(b) and §383.71(f). An applicant domiciled in a foreign jurisdiction must provide an unexpired employment authorization document (EAD) issued by USCIS or an unexpired passport accompanied by an I-94 documenting the applicant’s most recent admission into the U.S. No proof of domicile is required. 49 CFR §383.71(f)(2)(i).

FMCSA has issued agency guidance stating that Canadian and Mexican residents working in the U.S. with “temporary work visas” must obtain CDLs from their respective home countries, apparently because these individuals are assumed to have maintained a foreign domicile. Specifically, the FMCSA guidance states:

Question: May a foreign driver with a temporary work visa obtain a commercial driver’s license to operate a commercial motor vehicle in the U.S.?

Answer: A foreign driver holding a temporary work visa may obtain a non-resident CDL if he/she is domiciled in a foreign jurisdiction that does not test drivers and issue commercial licenses under standards equivalent to those in subparts F, G, H of part 383. However, drivers from Canada and Mexico with temporary work visas are not eligible for nonresident CDLs because FMCSA has determined that commercial licenses issued by Canadian provinces and territories and the U.S. Mexican States are in in accordance with U.S. rules.

In their current form, the regulations should only impact Mexican and Canadian nationals. If domiciled in a foreign jurisdiction, non-LPRs should be able to obtain a non-domiciled CDL if they can show an EAD or an unexpired passport with “an approved I-94 documenting the applicant’s most recent admittance into the U.S.” 49 CFR §383.71(f)(2)(i).

Please report any issues or concerns you have experienced on this topic to so that we can continue to advocate for a resolution.

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced multiple measures to deter and detect H-1B visa fraud and abuse. The H-1B visa program helps U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. According to the Trump Administration, there are too not enough American workers who are as qualified, willing, and deserving to work in these fields. The needs of American companies looking for the best talent have been ignored or unfairly disadvantaged.(Sad!) Combating fraud in our employment-based immigration programs is a priority for USCIS as well as bringing the best and brightest workers to our shores and welcoming immigrants.

Beginning today, USCIS will take a more targeted approach when making site visits across the country to H-1B petitioners and the worksites of H-1B employees. USCIS will focus on:

Cases where USCIS cannot validate the employer’s basic business information through commercially available data;

• H-1B-dependent employers (those who have a high ratio of H-1B workers as compared to U.S. workers, as defined by statute); and
• Employers petitioning for H-1B workers who work off-site at another company or organization’s location.

Targeted site visits will allow USCIS to focus resources where fraud and abuse of the H-1B program may be more likely to occur, and determine whether H-1B dependent employers are evading their obligation to make a good faith effort to recruit U.S. workers. USCIS will continue random and unannounced visits nationwide. These site visits are not meant to target nonimmigrant employees for any kind of criminal or administrative action but rather to identify employers who are abusing the system.

To further deter and detect abuse, USCIS has established an email address which will allow individuals (including both American workers and H-1B workers who suspect they or others may be the victim of H-1B fraud or abuse) to submit tips, alleged violations and other relevant information about potential H-1B fraud or abuse. Information submitted to the email address will be used for investigations and referrals to law enforcement agencies for potential prosecution.

H-1B Fraud Measures

Since 2009, USCIS has conducted random administrative site visits to ensure that employers and foreign workers are complying with requirements of the H-1B nonimmigrant classification. USCIS refers many cases of suspected fraud or abuse to U.S. Immigration and Customs Enforcement (ICE) for further investigation.

Additionally, individuals can report allegations of employer fraud or abuse by submitting Form WH-4 to the Department of Labor’s (DOL) Wage and Hour Division or by completing ICE’s HSI Tip Form.

Further information

For more information about the new H-1B visa fraud and abuse detection initiative, visit the Combating Fraud and Abuse in the H-1B Visa Program web page.

For information about H-1B petition requirements, visit the USCIS H-1B webpage.