USCIS Adopts Department of Labor Definition of “Science or Art”

April 11, 2024

USCIS is issuing policy guidance in the USCIS Policy Manual to add the U.S. Department of Labor (DOL) definition of “science or art” for Schedule A, Group II cases.

For many employment-based 2nd and 3rd preference (EB-2 and EB-3) petitions, employers must obtain a labor certification from DOL before filing Form I-140, Immigrant Petition for Alien Workers, with USCIS. For certain occupations, referred to as Schedule A occupations, DOL has predetermined that there are insufficient U.S. workers who are able, willing, qualified, and available. Employers submit the labor certification directly to USCIS for these occupations, bypassing DOL review. Currently, DOL has designated two groups of occupations under Schedule A: registered nurses and physical therapists (Group I); and beneficiaries with exceptional ability in the sciences or arts (except performing arts) and beneficiaries with extraordinary ability in performing arts (Group II).

Since USCIS considers DOL regulations when adjudicating petitions based on Schedule A occupations, we are now adding the reference to DOL’s regulatory definition of “science or art” into our policy to align with DOL, as it relates to Group II. When designating Schedule A, Group II, DOL defines science or art as “any field of knowledge or skill concerning which colleges and universities commonly offer specialized courses leading to a degree in the knowledge or skill.” We made an additional update to explain that, as with all adjudications, we review both the quantity and the quality of the evidence provided.

This guidance, contained in Volume 6 of the Policy Manual, is effective immediately upon publication. This update does not change policy or operations. This is an update to incorporate the DOL definition in the USCIS Policy Manual.

Specific content can be found here:

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20240410-ScheduleA.pdf

https://www.uscis.gov/policy-manual

Immigration Law, Green Card

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USCIS Forms Update Notice

April 2, 2024

USCIS recently updated the following forms:

• Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant

Edition Date: 04/01/24. Starting June 3, 2024, we will accept only the 04/01/24 edition. Until then, you can also use the 08/31/21 edition. You can find the edition date at the bottom of the page on the form and instructions.

• Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

Edition Date: 04/01/24. Starting June 3, we will accept only the 04/01/24 edition. Until then, you can also use the 07/15/22 edition. You can find the edition date at the bottom of the page on the form and instructions.

• Form N-600, Application for Certificate of Citizenship

Edition Date: 04/01/24. Starting June 3, 2024, we will accept only the 04/01/24 edition. Until then, you can also use the 02/13/17 edition. You can find the edition date at the bottom of the page on the form and instructions.

• Form I-290B, Notice of Appeal or Motion

Edition Date: 04/01/24. Starting June 3, 2024, we will accept only the 04/01/24 edition. Until then, you can also use the 12/02/19 edition. You can find the edition date at the bottom of the page on the form and instructions.

• Form I-912, Request for Fee Waiver

Edition Date: 04/01/24. We will also accept prior editions (or a written request). You can find the edition date at the bottom of the page on the form and instructions.

• Form I-910, Application for Civil Surgeon Designation

Edition Date: 04/01/24. Starting June 3, 2024, we will accept only the 04/01/24 edition. Until then, you can also use the 11/02/22 edition. You can find the edition date at the bottom of the page on the form and instructions.

• Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322

Edition Date: 04/01/24. Starting June 3, 2024, we will accept only the 04/01/24 edition. Until then, you can also use the 09/17/19 E and 09/17/19 editions. You can find the edition date at the bottom of the page on the form and instructions.

• Form I-907, Request for Premium Processing Service

Edition Date: 04/01/24. Starting June 3, we will accept only the 04/01/24 edition. Until then, you can also use the 02/26/24, 11/03/22 E, and 11/03/22 editions. You can find the edition date at the bottom of the page on the form and instructions.

• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal

Edition Date: 04/01/24. Starting June 3, 2024, we will accept only the 04/01/24 edition. Until then, you can also use the 03/21/22 edition. You can find the edition date at the bottom of the page on the form and instructions.

• Form I-905, Application for Authorization to Issue Certification for Health Care Workers

Edition Date: 04/01/24. Starting June 3, 2024, we will accept only the 04/01/24 edition. Until then, you can also use the 11/10/20, 02/11/14, and 10/30/11 editions. You can find the edition date at the bottom of the page on the form and instructions.

The new filing fee is effective for filings postmarked April 1, 2024, and later. If you are filing an acceptable prior form edition, you must include the new filing fee.

Specific contents can be found here:

https://www.uscis.gov/forms/forms-updates

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USCIS Provides Third Gender Option on Form N-400

April 2, 2024

USCIS have revised Form N-400, Application for Naturalization, to provide a third gender option, “X,” defined as “Another Gender Identity.” We are also updating guidance in the USCIS Policy Manual accordingly to account for this form revision and other forthcoming form revisions that will add a third gender option.

The 04/01/24 edition of Form N-400 will be the first USCIS form to include the X gender option. Applicants filing this edition of Form N-400 on or after April 1, 2024, will have X immediately available as a gender option on their form.

Applicants who have a pending Form N-400 using the edition in effect before April 1, 2024, may request to update their gender on or after April 1, 2024, as well. For all other forms, individuals must wait until USCIS revises those forms to include the X-gender option.

Consult the chart below to determine if the X-gender option is available to you.

Form N-400 is the only USCIS form that currently offers the X-gender option. Therefore, until we complete additional form revisions that add the X gender option, naturalization certificates are the only USCIS-issued secure identity documents that can reflect the gender X. The X gender option is not yet available on Form N-565.

If you have other benefit requests pending with USCIS and would like to choose X as your gender, or if you would like to change your existing USCIS-issued secure identity documents to reflect X as your gender, you must wait until we update the relevant forms before you may do so. Once USCIS updates additional forms to offer the X gender option, benefit requestors may follow the instructions on the Updating or Correcting Your Documents webpage to select the X gender option.

Supporting Documentation Not Needed

You do not need to provide supporting documentation to select X as your gender initially or to change your gender selection for Form N-400. The gender you select does not need to match the gender listed on your other immigration documents or supporting identity documents, such as your birth certificate, passport, or state identification.

Social Security Card

Note that if you select the X gender option on the new Form N-400, you may need to visit a Social Security office for a Social Security card or to update your citizenship status. The Social Security Administration is still developing systems to accept the X gender option.

Background

Historically, USCIS forms and associated documents have only offered two gender options: “Male (M)” and “Female (F).” This has created significant barriers for requestors who do not identify with either of those options. Limiting benefit requestors to two gender options also creates administrative challenges for USCIS when we receive birth certificates or other official government-issued documents with a gender other than M or F. Adding a third gender option helps ensure that secure identity documents and biographical data are accurate and helps both external stakeholders and individuals requesting immigration benefits. It is also consistent with federal and state agencies that have adopted a third gender option, such as the U.S. Department of State’s expanded passport services to offer gender X in their application.

In March 2023, USCIS updated the Policy Manual to allow for the self-selection of gender on USCIS forms. This policy update allows benefit requestors to select their gender on all USCIS forms without providing supporting documentation (except for Form N-565, which requires a formal form revision to implement this policy). Benefit requestors may also change a prior selection without the need to provide specific supporting documentation, or to match prior documentation provided. This revision is consistent with efforts to break down barriers in the immigration system and reduce undue burdens in accessing immigration benefits, while still maintaining identity verification and fraud prevention procedures.

Specific content can be found here:

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20240401-GenderOptions.pdf

Immigration Law, Citizenship

 

 

 

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USCIS Revises Policy Manual to Align with New Fee Rule

April 1, 2024

USCIS is revising its guidance in the Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule published in the Federal Register on Jan. 31, 2024, and effective April 1, 2024.

Revisions to the policy manual apply to all applications and petitions postmarked on or after April 1.

We will use the postmark date of a filing to determine which form version and fees are correct, but we will use the receipt date for purposes of any regulatory or statutory filing deadlines.

The revised guidance covers new form fees, fee waivers, and fee exemptions, limits on the number of beneficiaries for certain employment-based forms, and a new form supplement for orphan intercountry adoption cases.

Specific contents can be found here:

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20240401-FeeRule.pdf

https://www.federalregister.gov/documents/2024/01/31/2024-01427/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration

https://www.federalregister.gov/documents/2024/01/31/2024-01427/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration

https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule

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USCIS Announces Filing Location Change for Certain Employment-Based I-485 and Related Forms

March 29, 2024

On April 1, 2024, USCIS is changing a new filing location for concurrently filed Form I-907, Request for Premium Processing Service; Form I-140, Immigrant Petition for Alien Workers; and Form I-485, Application to register Permanent Residence or Adjust Status, and for related Forms I-131, Application for Travel Document; I-765, Application for Employment Authorization; and I-824, Application for Action on an Approved Application or Petition, filed with the application package, from USCIS service centers to a USCIS lockbox.

This filing location change is part of our larger initiative to centralize petition and application intake, as well as leverage USCIS lockbox receipting capabilities. This will help increase efficiency by reducing our footprint at service centers and the costs associated with service center intake of these forms. It also allows us to focus our resources on adjudication and case completion. In addition, the change in filing location permits USCIS to centralize the digitization of these forms for electronic adjudication. In turn, we gain time and cost savings associated with file movement and storage. This provides greater operational flexibility to redistribute and align workloads based on resources and priorities.

Where to File
Starting April 1, 2024, please use the addresses below when mailing concurrently filed Forms I-907, I-140, and I-485, and for any related Forms I-131, I-765, and I-824 filed with the application package.

Starting May 2, 2024, USCIS may reject concurrently filed Forms I-907, I-140, and I-485, and any related Forms I-131, I-765, and I-824 filed with the application package, that are received at USCIS service centers.

If the beneficiary will work in:	Mail your form to:
· Alabama · Connecticut · Delaware · District of Columbia · Florida · Illinois · Indiana · Iowa · Kansas · Kentucky · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Nebraska · New Hampshire · New Jersey · New York · North Carolina · North Dakota · Ohio · Pennsylvania · Puerto Rico · Rhode Island · South Carolina · South Dakota · Tennessee · Vermont · Virginia · West Virginia · Wisconsin	USCIS Elgin Lockbox U.S. Postal Service (USPS): USCIS Attn: Premium I-140 P.O. Box 4008 Carol Stream, IL 60197-4008 FedEx, UPS, and DHL deliveries: USCIS Attn: Premium I-140 (P.O. Box 4008) 2500 Westfield Drive Elgin, IL 60124-7836
If the beneficiary will work in:	Mail your form to:
· Alaska · Arizona · Arkansas · Armed Forces · California · Colorado · Georgia · Guam · Hawaii · Idaho · Louisiana · Marshall Islands · Montana · Nevada · New Mexico · Northern Mariana Islands · Oklahoma · Oregon · Texas · U.S. Virgin Islands · Utah · Washington · Wyoming	USCIS Phoenix Lockbox U.S. Postal Service (USPS): USCIS Attn: Premium I-140 P.O. Box 21500 Phoenix, AZ 85036-1500 FedEx, UPS, and DHL deliveries: USCIS Attn: Premium I-140 (P.O. Box 21500) 2108 E. Elliot Rd. Tempe, AZ 85284-1806

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New Version of Form N-400, Application for Naturalization

March 29, 2024

On April 1, 2024, as part of the new fee rule, we will release a new version of Form N-400, Application for Naturalization. The new version of the form changes many data elements, including adding a gender X option as another gender identity and removing several other fields.

If you have begun completing the current version of Form N-400 online, you must submit your online application on or before March 31, 2024, or you will lose your work. On April 1, we will delete any Form N-400 drafts in progress online, and you will have to restart the application using the new version of Form N-400, which will be automatic for online filers starting on that date. This requirement only applies to Form N-400.

The new Form N-400 for paper filing will be available on the Form N-400 web page on April 1. Starting June 3, 2024, we will accept only the April 1, 2024, edition of the paper-based Form N-400.

Specific content can be found here:

https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule

https://www.uscis.gov/n-400

Immigration Law, Citizenship

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New Citizens Will Be Able to Seamlessly Request Social Security Updates

March 28, 2024

Today USCIS announced that starting April 1, applicants filing Form N-400, Application for Naturalization, will have the option to request an original or replacement Social Security number (SSN) or card and update their immigration status with the Social Security Administration (SSA) without having to visit an SSA office.

Noncitizens applying for naturalization using the new edition of Form N-400 (edition date 04/01/24) will be able to request an SSN or replacement card when submitting Form N-400. New citizens may no longer need to visit an SSA field office to apply for an SSN or replacement card or to provide documentation as evidence of their new U.S. citizenship status. Note that SSA may request additional information if needed.

Applicants who use the 09/17/19 edition of Form N-400 will not have this option as the SSA questions are only included in the 04/01/24 edition. The 04/01/24 edition of the Form N-400 will be available for online filing on April 1. To file Form N-400 online, applicants 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.

USCIS previously announced our intention to expand the Enumeration beyond Entry program to include applicants who apply for U.S. citizenship in the Interagency Strategy for Promoting Naturalization: First Anniversary Accomplishment Highlights.

Specific content can be found here:

https://www.uscis.gov/n-400

https://secure.ssa.gov/poms.nsf/lnx/0110205700

https://www.uscis.gov/sites/default/files/document/news/USCIS_Celebrates_One-Year_Anniversary-Interagency_Strategy_for_Promoting_Naturalization_V2.pdf

Immigration Law, Citizenship

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USCIS Updates Policy Guidance Clarifying Expedite Requests

March 28, 2024

USCIS updated the Policy Manual to clarify how we consider expedited requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. This update also clarifies how to make an expedited request and explains how we process expedited requests.

Government Interests

This update clarifies that we may expedite cases identified as urgent by federal, state, tribal, territorial, or local governments of the United States because they involve public interest, public safety, national interest, or national security interests. This update clarifies that when an expedited request is made by a federal government agency or department based on government interests, we generally defer to that agency or department’s assessment.

Travel-Related Requests

We issue several types of travel documents. This update clarifies that we will consider expediting Form I-131, Application for Travel Document, for benefit requestors in the United States when they have a pressing or critical need to leave the United States, whether the need to travel relates to an unplanned or planned event, such as a professional, academic, or personal commitment.

When the need is related to a planned event, we consider whether:

• The applicant timely filed Form I-131; and
• Processing times would prevent us from issuing the travel document by the planned departure date.

Submission and Processing of Expedite Requests

This update also clarifies how to make an expedited request, including how requestors can use USCIS online tools with secure messaging, such as submitting their expedited request and uploading evidence to support their expedited request if they have a USCIS online account.

This update explains how we process expedited requests by clarifying that we will generally respond to benefit requestors who submit their request through the USCIS Contact Center to inform them when we have decided on their expedited request.

This guidance is effective immediately and is controlling and supersedes any related prior guidance.

Specific content can be found here:

https://www.uscis.gov/policy-manual

Immigration Law

 

 

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DACA Renewal Processing Times

March 28, 2024

USCIS is committed to timely adjudicating DACA renewal requests.

All Deferred Action for Childhood Arrivals (DACA) renewal requests are currently adjudicated at the Nebraska Service Center (NSC), except for a small number of remaining requests pending at the Vermont Service Center (VSC). Please visit the USCIS website for current Case Processing Times. USCIS has added information to explain that insufficient cases are pending at VSC to calculate an accurate processing time for those cases.

Additional Information
For additional information on filing a DACA renewal request online, go to the Form I-821D, Consideration of Deferred Action for Childhood Arrivals webpage. All online DACA renewal requests must include Form I-821D, Form I-765, Application for Employment Authorization, and Form I-765WS, Worksheet, and accompanying fees.

If filing on paper, we recommend that DACA requestors complete Form G-1145, E-Notification of Application/Petition Acceptance to receive an e-notification when we accept their form. For additional information on DACA, including the requirements for renewal, please visit uscis.gov/DACA.

Specific content can be found here:

https://www.uscis.gov/DACA

Immigration Law, DACA

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Certain Updated Forms Take Effect on April 1 with No Grace Period

March 4, 2024

On April 1, 2024, the new fee rule goes into effect and you must use the new 04/01/24 editions of the following forms:

• Form -129, Petition for a Nonimmigrant Worker;
• Form I-129 CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker;
• Form I-140, Immigrant Petition for Alien Workers;
• Form I-600, Petition to Classify Orphan as an Immediate Relative; and
• Form I-600A, Application for Advance Processing of an Orphan Petition, and the form’s supplements.

Although we usually provide a grace period when publishing new forms, the above forms include changes necessary for us to administer the new fees. We have published preview versions of these forms on each form’s webpage linked above. Beginning April 1, 2024, applicants and petitioners must submit the 04/01/24 edition of these forms with the appropriate fee listed on the USCIS Fee schedule G-1055. We will reject prior versions of the above forms.

****We will only accept the 04/01/24 edition of these forms if they are postmarked on or after April 1, 2024.***

Specific content can be found here:

https://www.uscis.gov/g-1055

 

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