The Department of State is diligently working to reintroduce the visa revalidation process by Spring 2024. This is an important procedure for non-immigrants in the United States, allowing for the renewal of visas without the need to return to one’s home country.

Important Points about Visa Revalidation:

Eligibility: Not all visa categories are eligible for revalidation, and specific rules vary. We expect both H-1b and L visa holders and their families could revalidate their respective visas within the United States.

Convenience: This process significantly aids those with expired non-immigrant visas, allowing them to renew while remaining in the U.S.

Current Status: While the Department of State is targeting Spring 2024 for reintroduction, it’s crucial to stay updated as policies may evolve.

Application Procedure: The Department of State will soon release detailed guidelines on the application process for revalidation under this new policy.

Industry and Community Reactions:  Business communities and immigration advocates have largely welcomed this update, highlighting its potential to streamline the process and reduce uncertainties for foreign workers in the U.S. Legal experts advise visa holders to seek guidance on their eligibility and prepare for the application process, which may involve gathering necessary documentation and understanding the updated guidelines thoroughly.

Beginning Oct. 1, USCIS is exempting the $85 biometric services fee as part of the application process for Form I-539. You do not need to pay the fee if your application is postmarked Oct. 1 or later. However, if you file Form I-539 prior to Oct. 1, certain filers will still be scheduled for an ASC appointment and should still attend that appointment as scheduled. In most cases, after Oct. 1 applicants will not be scheduled to attend a biometric services appointment. However, if USCIS determines that biometrics are required, the applicant will receive a notice with information about appearing for their biometric services appointment.

If you mistakenly submit the biometric services fee and the payment is submitted separately from the Form I-539 fee, they will return the biometric services fee and accept the Form I-539. If you mistakenly submit the biometric services fee and the payment is combined with a paper-based Form I-539 filing fee, this is considered an incorrect filing, and they will reject the Form I-539. If you mistakenly authorize a credit card payment that combines the biometric services fee with the Form I-539 application fee, they will accept the application, and only charge the application fee.

The biometric services fee exemption will apply to all applicants filing on or after Oct.1, including those applicants filing Form I-539 requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant for whom USCIS had previously suspended the biometrics requirement through Sept. 30, 2023. As mentioned in the USCIS Fiscal Year 2022 Progress Report (PDF, 1.08 MB).

USCIS is also increasing the maximum validity period to 5 years for initial and renewal EADs for certain noncitizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal.

The updated guidance also explains the categories of noncitizens who are automatically authorized to work (also known as being employment authorized incident to status or circumstance) and provides more information on who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification. The Form I-94 must be accompanied by identity documentation for purposes of employment authorization. Finally, this guidance clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole.

Increasing the maximum EAD validity period to 5 years is intended to significantly reduce the number of new Forms I-765, Application for Employment Authorization, USCIS receive for renewal EADs over the next several years, contributing to efforts to reduce associated processing times and backlogs. However, whether the noncitizen maintains employment authorization remains dependent on their underlying status, circumstances, and EAD filing category. For example, if an individual received an EAD under the (c)(9) category based on a pending adjustment of status application for the maximum validity period of 5 years, and the adjustment application is then denied, their ancillary employment authorization may be terminated before the expiration date listed on their EAD.

For more information, please see the Policy Alert (PDF, 352.94 KB).

Online filing of Form I-907, Request for Premium Processing Service, is now also available to F-1 students in these categories. USCIS continues to accept the latest paper version of this form by mail. 

“The availability of premium processing for certain F-1 students, in addition to the ease of online filing, will streamline the immigration experience for a great many international students,” said USCIS Director Ur M. Jaddou. “The ongoing expansion of online filing is a priority for USCIS as we continue to create operational efficiencies and increase access to the immigration system for stakeholders, applicants, petitioners, requestors, and those we serve.”  

Premium processing expansion for certain F-1 students will occur in phases, and students requesting premium processing should not file before these dates: 

• Beginning March 6, USCIS will accept Form I-907 requests, filed either via paper form or online, for certain F-1 students who already have a pending Form I-765, Application for Employment Authorization, if they are filing under one of the following categories: 
  • (c)(3)(A) – Pre-Completion OPT; (c)(3)(B) – Post-Completion OPT; and 
  • (c)(3)(C) – 24-Month Extension of OPT for STEM students. 
• Beginning April 3, USCIS will accept Form I-907 requests, filed either via paper form or online, for F-1 students in the above categories when filed together with Form I-765. 

USCIS will reject premium processing requests for a pending Form I-765 if received before March 6, and will reject any premium processing request for an initial or concurrently filed Form I-765 that is received before April 3. 

To file Form I-907 online, an applicant must first create a USCIS online account, which provides a convenient and secure method to submit forms, pay fees, and track the status of any pending 

USCIS immigration request throughout the adjudication process. There is no cost to set up a USCIS online account, which offers a variety of features, including the ability to communicate with USCIS through a secure inbox and respond to Requests for Evidence online.  

Applicants who previously filed a paper Form I-765 and wish to file Form I-907 online to request premium processing should reference the USCIS Account Access Notice they received for the Online Access Code and details on how to link their paper-filed cases to their online account, or they will not be able to file Form I-907 online and will need file a paper Form I-907 with the Chicago lockbox. 

As previously announced, the expansion of premium processing is part of USCIS’ efforts to increase efficiency and reduce burdens to the overall immigration system, and is being  implemented in a phased approach.  

The addition of online filing for Form I-907 brings the total number of forms available for online filing to 16. The Forms Available to File Online page has links to file all of these forms. USCIS continues to accept the latest paper versions of all forms by mail. More than 1.8 million applications, petitions and requests were filed online in FY 2022, a 53% increase from the 1.2 million filed in FY 2021. 

Farzana Ashraf, Chief Product & Technology Officer, leads on Pearson VUE’s global product & technology strategy, managing teams around the world. With responsibility for developing innovative products and services, building high-performing teams, and driving transformational change, she is passionate about supporting women in technology fields. Farzana was recently awarded Silver for ‘Leading Innovation in a Time of Crisis’ in ‘The Technology for the Next Decade, Today’ category at The American Business Awards^® or ‘Stevies’ as they are more commonly known. This award category recognizes individuals for ‘leadership, customer experience, and redefining the workplace.’

Farzana was honored for implementing multi-sourcing strategies for R&D and AI/machine learning based solutions. She has ensured that Pearson VUE’s technology products and organizational structure are able to deliver the best-in-class delivery that clients expect, even during the pandemic crisis.

Pearson VUE’s exam delivery changed rapidly last year around the global pandemic. Test center closures and social distancing requirements (as mandated by local governments) created limited appointment availability. Over the last 15 months, Farzana has focused on enabling the company’s primary Licensing and Certification segments to sustain the ongoing disruption around COVID-19.

For many companies around the world, the pandemic has prompted technologists to find new ways of doing things and has accelerated innovation. I’m so proud of what our business and teams have been able to achieve during a crisis and delighted to have received this Stevie award on behalf of Pearson.

—Farzana Ashraf, Chief Product & Technology Officer, Pearson VUE

With global lockdowns in play, candidates have increasingly turned to OnVUE, Pearson VUE’s online proctored solution, to continue their pursuit of certifications/credentials. In 2020, online test delivery increased by more than 300%, under Farzana’s leadership. OnVUE has become a critical solution for Pearson VUE’s customers around the globe in addition to physical test centers. Despite the ongoing pandemic, Pearson VUE continues to deliver millions of exams, and is investing in the latest technologies to maintain its position as the global leader in computer-based certification and licensure testing.

Farzana Ashraf, Chief Product & Technology Officer, Pearson VUE said “For many companies around the world, the pandemic has prompted technologists to find new ways of doing things and has accelerated innovation. I’m so proud of what our business and teams have been able to achieve during a crisis and delighted to have received this Stevie award on behalf of Pearson.”

Farzana is an advisor to the Women in Technology (WIT) group for Pearson. As part of this diversity and inclusion initiative, she is creating a comprehensive program strategy to recruit more women in technology roles across the company.  

In addition, she serves as an adviser and mentor to technology start-ups across the twin cities (Minneapolis–Saint Paul) area. She is also an active member of the local community helping women technologists access mentoring and sponsorship opportunities.

“We are taking action to eliminate policies that fail to promote access to the legal immigration system, and will continue to make improvements that help individuals navigate the path to citizenship, and that modernize our immigration system,” said Secretary of Homeland Security Alejandro N. Mayorkas.

“These policy measures are consistent with the Biden-Harris administration’s priorities to eliminate unnecessary barriers to our nation’s legal immigration system and reduce burdens on noncitizens who may be eligible for immigration benefits,” said Acting USCIS Director Tracy Renaud. “USCIS is committed to promoting policies and procedures that ensure we operate in a fair, efficient, and humane manner that reflects America’s heritage as a land of opportunity for those who seek it.”

Expedited Processing

Under the updated expedite criteria policy (PDF, 293.62 KB), benefit requestors and USCIS officers are provided further guidance on when expedited processing may be warranted. Additionally, nonprofit organizations whose request is in furtherance of the cultural and social interests of the United States may request that a benefit be considered for expedited processing, even if premium processing is available for that benefit.

Expedited processing is a special-situation service that USCIS considers for benefit requestors who urgently need their request for immigration benefits adjudicated. USCIS reviews such requests on a case-by-case basis. Expedited requests for noncitizens with a final order of removal or noncitizens in removal proceedings are coordinated between USCIS and U.S. Immigration and Customs Enforcement.

Requests for Evidence and Notices of Intent to Deny

USCIS is returning to the adjudicative principles of a June 2013 memo (PDF) that instructed agency officers to issue an RFE or NOID when additional evidence could potentially demonstrate eligibility for an immigration benefit. As part of the updated RFE and NOID policy (PDF, 319.1 KB), USCIS is rescinding a July 2018 memo that permitted agency officers to deny certain immigration benefit requests instead of first issuing an RFE or NOID.

This updated policy will ensure that benefit requestors are given an opportunity to correct innocent mistakes and unintentional omissions. In general, a USCIS officer will issue an RFE or NOID when the officer determines additional information or explanation may potentially establish eligibility for an immigration benefit.

Employment Authorization Documents

Updated policy guidance (PDF, 296.76 KB) will increase the current one-year validity period on both initial and renewal EADs to two years for certain adjustment of status applicants. Increasing the validity period on EADs for certain adjustment applicants is expected to reduce the number of employment authorization requests USCIS receives and allow the agency to shift limited resources to other priority areas.

This guidance was issued due to ongoing processing delays affecting the completion of adjustment of status applications. Renewing EADs in this category is generally free, and USCIS received nearly 370,000 adjustment-related employment authorization requests in fiscal year 2020.