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On September 10, 2024, USCIS announced that those who submit a timely application to replace an expired or expiring green card will have their residency status automatically extended for 3 years (36 months) from the date of expiration.  This means that your lawful residence in the United States will not end while your application for a new green card is pending.  If your green card is expiring or has expired and you applied for a new one, USCIS will mail you a receipt notice confirming that your residency has been extending for 3 years.  If traveling abroad, you can present your expired green card and the notice to a customs officer to re-enter the United States.  For employment, you can present your expired green card and the notice to your employer as proof of your ongoing ability to legally work in the United States.

USCIS announced that I-693 Civil Surgeon Examination Reports will no longer expire after two years from the date the report is signed by a doctor.  This new rule applies to any signed reports on or after November 1, 2023.  Under the previous rule, civil surgeon exam reports were only valid for two years from the time it was signed.  If more than two years had passed at the time of an adjustment of status interview or adjudication, USCIS would request a new report before making a decision.  USCIS clarified that it still has discretion to request a new exam if there is any reason to believe that an applicant’s medical condition has changed since the initial exam.  However, this news is certainly welcome given that civil surgeon exams can cost several hundred dollars.

U.S. Citizenship and Immigration Services (USCIS) published a final rule that officially increases several immigration fees starting April 1, 2024. The new rule will drastically increase adjustment of status fees for certain applicants from $1,225 to $1,440.

Eliminating the No-Cost Employment Authorization Application and Advance Parole

Before the April 1^st deadline, applications for Advance Parole and Employment Authorization were free of charge when filed concurrently with the Adjustment of Status application. Now, each application will require payment of fees. There is an accommodation for those who would like to adjust their status and to concurrently obtain work authorization concurrently, reducing the fee by 50%.  Instead of paying $1,225.00 for the adjustment of status (which included EAD and Advance Parole), applicants now have to pay $2,330 for all three applications.

Applications Are Not Required

It should be noted that Employment Authorization Document and Advance Parole applications are not mandatory.  So if an applicant feels that they do not need to work, or does not need to travel abroad while their adjustment of status is pending, they do not have to incur the costs for either or both of these applications.

Below is a breakdown of adjustment of status application fee cost options.

A K-1 (fiancé) visa is a temporary visa for couples who are not yet married to their U.S. citizen partner. As a U.S. citizen, you may petition your foreign fiancé to come to the United States to get married within 90 days of entry.  Once married, the foreign spouse can adjust his or her status.

On the other hand, a CR-1 (spousal) immigrant visa is for spouses of U.S. citizens who want to immigrate to the United States.  Unlike the K-1 visa, the couple is already married.

A comparison chart between the Fiancé and a Spousal Immigrant Visa helps illustrate the differences:

USCIS announced that the H-1B lottery for FY2025 will open on March 6, 2024 and remain open until March 22, 2024.  The registration fee will remain $10 per entry for this year’s lottery.  However, it will increase to $205 per entry in next year’s (FY2026) lottery.

USCIS also stated that it has taken measures to reduce the likelihood of fraudulent entries in the lottery.  Under the new registration process, selections will be made based on unique beneficiaries rather than registrations. This modification aims to minimize the potential for fraudulent activities and ensures an equal chance for each beneficiary to be selected, regardless of the number of registrations submitted on their behalf by an employer. Beginning with the initial registration period for Fiscal Year 2025, USCIS will mandate registrants to provide valid passport information or valid travel document information for each beneficiary.