USCIS Cancels COVID-19 Vaccination Requirement

United States Citizenship and Immigration Services (“USCIS”) announced that effective January 22, 2025,  the requirement for applicants seeking adjustment of status to lawful permanent resident status to provide proof of COVID-19 vaccination on their Form I-693 Report of Immigration Medical Examination and Vaccination Record has been removed. USCIS also states that the Service will not issue Requests for Evidence (“RFEs”) or Notices of Intent to Deny (“NOIDs”) asking for proof of COVID-19 vaccination.  Furthermore, I-485 Applications to Register Permanent Residency or Adjust Status will not be denied solely on the basis of the applicant’s failure to provide COVID-19 vaccination documentation.  

New USCIS Guidance for O-1’s in the AI and Tech Fields

On January 8, 2025, United States Citizenship and Immigration Services (“USCIS”) released new guidance in its policy manual clarifying how the agency assesses evidence for O-1 visa eligibility for individuals with extraordinary ability. The O-1 visa is designed for individuals with extraordinary abilities in the fields of science, arts, education, business, or athletics, as well as those who have achieved notable success in the motion picture or television industry, with recognition at a national or international level. The updates include detailed examples from evolving industries, particularly technology and creative sectors, recognizing the changing landscape of work and innovation, thereby allowing individuals in fields like artificial intelligence, digital media, and other emerging areas to better demonstrate their impact.

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The H-1B Visa Program is Dividing MAGA

Elon Musk and Vivek Ramaswamy, who until a few days ago were co-leaders of President-elect Trump’s newly created Department of Government Efficiency (“DOGE”) recently ruffled feathers amongst Trump’s MAGA supporters when Ramaswamy and Musk tweeted their support for the H1B program. In a surprising turn of events after having moved to limit H-1Bs during his first term, Trump responded by applauding the program, noting “I have many H-1B visas on my properties. I've been a believer in H-1B. I have used it many times. It's a great program.”

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DHS Publishes H-1B Modernization Final Rule to Improve Program Integrity and Efficiency

On December 18, 2024, the Department of Homeland Security (“DHS”) published a Final rule in the Federal Register modernizing and increasing the efficiency of the H-1B program, adding benefits and flexibilities, and improving integrity measures. This rule will become effective January 17, 2025.

The final rule imposes changes to the H-1B program and codifies a number of existing rules. We must point out that the final rule is quite lengthy; therefore, our summary does not cover all of the changes. We have outlined a few of the most notable updates and changes below which we feel may be of most interest to our community.

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