Client Payment Portal

Rapid-Fire Wednesdays Q&A | 2024 End of Year Immigration Law Updates | 1/15/2025 Recap

Jan 18, 2025 | Immigration Updates

The transcript version of our weekly Q&A livestream for corporate immigration professionals. Join our Immigration News Digest Newsletter for more immigration updates.

By Kimberley (Best) Robidoux & Miki Kawashima Matrician

🔥 Question: What changes did the U.S. Department of State make to the J-1 Exchange Visitor Skills List?

Response: The Department of State made a significant update to the J-1 Exchange Visitor Skills List, which had not been revised since 2009. Effective December 9, 2024, 37 countries were removed from the skills list, including Brazil, China, India, and South Korea. This change is retroactive, meaning individuals from these countries who were previously subject to the two-year home residency requirement are no longer restricted, even if they were in the J-1 program when the requirement applied. As a result, these individuals can now pursue U.S. visas like H-1B, L-1, or green cards without delay. This update benefits employers by making it easier to retain talent without requiring waivers or a mandatory return to the home country. However, the two-year residency requirement remains unchanged for foreign national physicians undergoing medical residency or graduate medical education.

🔥 Question: What is the new policy regarding medical examination results for Form I-485 Adjustment of Status Applications?

Response: USCIS announced a policy change regarding Form I-485 applications for adjustment of status. Previously, applicants could submit their medical examination results at any time while their application was pending, often in response to a Request for Evidence (RFE) or during a USCIS interview. However, effective immediately upon the announcement in November, USCIS now requires medical examination results to be included with the initial filing of Form I-485. This change caught many off guard, as it reverses the more flexible approach previously in place and requires applicants and employers to adjust their filing strategies.

🔥 Question: What is the new rule regarding Employment Authorization Document (EAD) automatic extensions?

Response: A new USCIS regulation makes the 540-day automatic extension for expiring EADs permanent. This is a significant improvement over the previous 180-day extension, which often was insufficient for USCIS to process renewal applications and issue the EAD cards timely. The longer extension provides more certainty for employees and employers, reducing the frequency of Form I-9 updates and minimizing the risk of work authorization gaps due to backlogs. However, it’s important to note that the 540-day extension does not apply to all EAD categories. For example, DACA recipients are not eligible for the automatic extensions. F-1 STEM OPT extension applicants are still subject to the 180-day extension limitation. Employers are encouraged to monitor EAD expiration dates and remind employees to file renewals well in advance to avoid potential disruptions.

🔥 Question: What should employers know about I-9 compliance in light of these changes?

Response: From an I-9 compliance perspective, the permanent 540-day EAD extension allows employers to update Form I-9 less frequently, easing administrative burdens. Employers should check the M-274 Handbook for Employers and I-9 Central periodically for updates, as relying on a static PDF version may result in outdated information. Additionally, employers should be mindful of specific EAD categories that do not qualify for the 540-day extension, such as DACA and F-1 OPT. Tracking EAD expiration dates and reminding employees at least six months in advance can help prevent work authorization gaps.

Send us your questions via DM or using the below link!

HR Question Submission Form | Rapid-Fire Wednesdays

See you next week!

Related Posts:

WR Immigration News Digest

Supreme Court Keeps Block on Trump Administration’s Use of Alien Enemies Act to Deport Venezuelans, Sends Case Back to Fifth Circuit On May 16, 2025, in a 7-2 decision, the U.S. Supreme Court sent a case back to the U.S. Court of Appeals for the Fifth Circuit to determine whether the Trump administration can summarily deport a group of Venezuelan detainees under the Alien Enemies Act. The Supreme Court also determined that the lower federal court should rule on how much notice the federal government must provide to allow the migrants to challenge the government’s plans to deport them. Referring to circumstances such as the case of Kilmar Armando Abrego Garcia, a Maryland man who was deported by mistake and subsequently left in a Salvadoran prison despite a Supreme Court order to facilitate his return to the United States, the Supreme Court noted in this case that “notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster.” Lee Gelernt, a lawyer for the American Civil Liberties Union, said the decision “means that more individuals will not secretly be sent to a brutal prison in El […]

Read More

Critical Requirements for New Office L-1 Managerial or Executive Petition

This blog focuses on outlining the USCIS regulations regarding L-1A managerial or executive qualifications for new office applications and provides tips on how applicants can strengthen their applications. To qualify for L-1A classification, the applicant must demonstrate the following general requirement: 1-in-3 Requirements:  Whether the applicant is an executive or manager of the foreign company, they must have worked full-time for at least one year with the qualifying foreign company within the three years preceding the L-1A visa application. This requirement is often referred to as the “one in three years” rule. To demonstrate the applicant’s 1 year employment, the USCIS officers look for documentation such as payroll stubs, employment verification, resume, and other relevant documents. [TIPS]: It is crucial to ensure that the information listed on all the documents is consistent and precise. A well-organized and well-prepared petition undergoes meticulous scrutiny to verify the precision and uniformity of all the documents submitted to the USCIS. Employment Abroad: The next significant challenge is providing a substantial amount of documentation and job descriptions to prove that the applicant is indeed an executive or manager. To prove an executive position, the applicant must show: All 4 aspects can be illustrated by a […]

Read More