U.S. Immigration Alerts

FGI FIVE: U.S. Immigration News Summary – Week of January 08, 2025

USCIS to publish revised Form I-129, Petition for a Nonimmigrant Worker on January 17th

• On January 17, 2025, USCIS will publish a revised edition of Form I-129, Petition for a Nonimmigrant Worker (edition date: 01/17/25). 
• The form has been revised to align with the recently announced H-1B modernization final rule and the H-2 modernization final rule.  
• The January 17, 2025, edition of Form I-129 replaces the April 1, 2024, edition of Form I-129. 
• There is no grace period for the revised edition of Form I-129 because this revised edition is necessary for USCIS to apply the final rules. 
• Effective January 17, 2025, USCIS will reject Form I-129 petitions received using the 04/01/24 edition of the form. 
• USCIS is providing a preview version of the 01/17/25 edition of Form I-129  (PDF, 2.19 MB)and its instructions. Do not file the 01/17/25 edition of Form I-129 before Jan. 17, 2025. USCIS will only accept the 01/17/25 edition of this form if it is received on or after January 17, 2025.  
• Of note, the 1/17/2025 edition of the I-129 now includes answer fields for 2 locations on p. 5 and requires petitioner to specify whether a location is a 3rd party location. If so it then asks for the name of the organization.
• If Form I-129 is filed on paper by mail, please note that:

• • USCIS will accept the 04/01/24 edition of Form I-129 if it is received before Jan. 17, 2025;
  • USCIS will not accept the 04/01/24 edition of Form I-129 if it is received on or after Jan. 17, 2025; and 
  • USCIS will only accept the 01/17/25 edition of Form I-129 if it is received on or after Jan. 17, 2025.

SOURCE: USCIS Newsroom, December 23, 2024: https://www.uscis.gov/newsroom/alerts/uscis-to-publish-revised-form-i-129-petition-for-a-nonimmigrant-worker

US Supreme Court: Federal courts do not have jurisdiction to review USCIS petition revocations

• On December 10, 2024, the U.S. Supreme Court held that federal courts do not have jurisdiction to review a petition revocation by U.S. Citizenship and Immigration Services (USCIS).
• The court argued that revocations are discretionary agency decisions and, therefore, are not subject to judicial review. 
• The court found that revocation under 8 USC § 1155 qualifies as a decision “in the discretion of” the Secretary of Homeland Security such that it falls under a separate statute which strips federal courts of jurisdiction to review certain discretionary actions.
• This decision applies only to petition revocations and does not preclude federal judicial review of petition denials. 

SOURCE: https://www.supremecourt.gov/opinions/24pdf/23-583_onjq.pdf

USCIS updates guidance on flexibilities in emergencies

• U.S. Citizenship and Immigration Services (USCIS) announced that it is updating its Policy Manual to clarify flexibilities that may be available to benefit requestors during and after an emergency or unforeseen circumstance.
• The update explains that if certain emergencies or unforeseen circumstances present unanticipated challenges to immigration benefit requestors, USCIS may use its discretion to implement certain flexibilities relating to requests for extension of stay and change of status, applications for employment authorization, requests for document replacement, abandonment or failure to respond to requests for evidence, fee waivers, expedited processing, and satisfactory departure.
• USCIS said that emergencies and unforeseen circumstances may include:

• • Natural disasters (for example, hurricanes, wildfires, or other severe weather);
  • National emergencies (for example, public health emergencies);
  • Conflicts abroad; or
  • Other unforeseen circumstances (for example, terrorist attacks, mass shootings, or cyber-attacks).

SOURCE: USCIS Newsroom: Immigration Relief in Emergencies or Unforeseen Circumstances webpage.

USCIS updates guidance on case assistance and feedback

On December 18, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it is updating its Policy Manual to reflect available avenues for case assistance or feedback. 

Specifically, the update:

• Recommends that stakeholders submit changes of address through the self-service tool available in their USCIS online account as soon as possible following a move or when an update is required;
• Updates information on USCIS’s current case assistance tools and resources to reflect the expansion of online tools and resources;
• Includes a link to the agency’s Contact Us webpage, where stakeholders can find information on how to contact USCIS, including detailed, program-specific assistance information; 
• Updates and clarifies information on providing feedback to USCIS;
• Changes the language on USCIS’s response time goals to service requests from 15 calendar days to 15 business days; and
• Removes the timeframe on processing priority service requests but retains priority processing of certain service request categories.

SOURCE: USCIS Newsroom: USCIS Updates Guidance on Case Assistance and Feedback | USCIS

U.S. State Department opens new U.S. Embassy in Mexico City

• On December 17, 2024, the U.S. State Department opened a new U.S. embassy in Mexico City. 
• The new embassy is designed to accommodate the operational demands of one of the largest U.S. diplomatic missions.
• The facility will consolidate 39 government agencies and over 1,700 staff currently based in different locations in Mexico City.
• The expanded consular section, supported by industry-leading technology, will expedite the experience of hundreds of thousands of visitors annually.

SOURCE: U.S. Embassy Mexico City

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.