Two Year Employment Authorization Card

By Brian Cho

The Department of Homeland Security (DHS) announced that, beginning June 30, 2008, it will start issuing the Employment Authorization Documents (EAD) with a two-year validity period for individuals who are currently unable to adjust status because an immigrant visa number is not currently available.  This will reduce frustration and inconvenience of renewing employment documents every year.

 

However, the United States Citizenship and Immigration Services (USCIS) will continue issue EADs with one-year validity period if an individual applies for an EAD with I-485 adjustment of status application or if an immigrant visa number is available at the time of the EAD filing.

 

Also, if an individual requests a replacement of an unexpired EAD, USCIS will issue a replacement EAD with the same expiration date as the previously issued EAD.  However, if the previous EAD has expired, USCIS will determine the appropriate validity period based on the availability of an immigrant visa number.

USCIS announces proposed rule that will extend TN workers time in the U.S.

By Brian Cho

U.S. Citizenship and Immigration Services (USCIS) announced on May 5, 2008 that it is publishing a Notice of Proposed Rulemaking (NPRM) to increase the maximum amount of time a Trade-NAFTA (TN) professional worker can remain in the U.S. from the current one year to three years.  

 

Under the North American Free Trade Agreement, Canadian and Mexican citizens seeking temporary entry to the U.S. as professionals may come into the U.S. as TN non-immigrants.  TN status is available to Canadian and Mexican citizens with a minimum of a bachelor’s degree or appropriate professional credentials.

 

The proposed new rule will allow TN non-immigrants to extend their stay in the U.S. in increments of up to three years, as long as their intended professional activity continues and they remain otherwise eligible.  The proposed changes will also apply to the dependents of TN non-immigrants, including spouses and unmarried, minor children.

 

 

 

New Medical Examination Form for Green Card Applicants

By Christina Kan

USCIS posted a new version of Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, to its website. This form is used by USCIS to determine whether an adjustment of status applicant is admissible to the United States on medical grounds.

 

 

Previous versions of the form will be accepted until May 1, 2008.

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