April 22, 2021
Department of Homeland Security announced that President Biden’s administration will set aside 6,000 seasonal guest worker visas for people from Guatemala, Honduras and El Salvador in the coming months. The visas will be an addition to the annual quota of 66,000 visas for the fiscal year. These H2-B visas are typically used for landscaping, food processing and hotel work, and other seasonal jobs. A DHS official said that if the 6,000 visas are not used by companies looking to hire people from Guatemala, Honduras and El Salvador, they will be put into the general visa pool before September 30th.
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April 26, 2021
Department of Homeland Security announced that ICE has revoked two delegation orders related to the collection of civil financial penalties for those noncitizens who fail to depart the United States. ICE (U.S. Immigration and Customs Enforcement Agency) had begun the enforcement of civil penalties in 2018, but as of January 20, 2021, ICE stopped issuing these fines altogether. This cancellation marks ICE’s latest move toward focusing its limited resources on those posing the greatest risk to national security and public safety in accordance with the current guidance on civil immigration enforcement and removal priorities, which were issued on Feb. 18, 2021
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April 29, 2021
On Tuesday, April 29th, the Biden administration announced an operation that has as an objective the disrupting transnational criminal organizations. This includes human smugglers that have facilitated the illegal crossings of migrants at the U.S.-Mexico border. This operation will be conducted by a few federal agencies, CBP and ICE, the DHS investigations, the State Department, and the FBI. The United States will also have the support of some foreign partners including Mexico and the Northern Triangle countries. In the year 2021, the agency has rescued 4,766 migrants from smugglers along the southern border.
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April 29, 2021
The Biden administration will begin issuing a policy that will restrict who ICE and CBP can arrest in courthouses. Secretary Mayorkas – Department of Homeland Security said the new policy is “Ensuring that individuals have access to the court advances the fair administration of justice, promotes safety for crime victims, and helps to guarantee equal protection under the law.”
With the new policy going into effect, the ICE officers will only be able to make civil immigration arrests in or near a courthouse if it involves a national security incident, or a risk of imminent death or harm to others. This policy will also apply to interviews, surveillance, and subpoenas handed out at or near courthouses.
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April 29, 2021
Beginning on May 1, thousands of New Jersey residents will be eligible to start the process of obtaining a state driver’s licence, regardless of legal status or a lack of documentation. However, immigration advocates have noted confusion over where and how to get appointments and concerns that the online process will make it more difficult for less computer-savvy applicants. The law was signed by Governor Phil Murphy in December 2019, and it would also make licenses available to senior citizens, domestic violence survivors, former prisoners, and homeless who may lack documentation.
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May 03, 2021
The National Immigrant Justice Center (NIJC) requested for the Biden administration to open an independent office within the Department of Homeland Security in charge of adjudicating applications from people who have been already deported but are hoping to return to the United States. According to NIJC, establishing a centralized office would allow those requests to be decided faster and more consistently while also alleviating pressure from the immigration court system. Deported immigrants who had legal status before being removed and whose convictions were pardoned or expunged, and whose offenses wouldn’t be illegal today, could be candidates for a faster review, said the NIJC associate policy director.
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May 4, 2021
The Department of Homeland Security Secretary Mayorkas announced that a handful of migrant families that were separated at the border by the Trump administration will be allowed to reunify inside the United States this week. The families came from Honduras and Mexico, and some had been separated as far back as 2017. The executive director of the family reunification task force said the parents would be given temporary permission to enter the United States through a process known as humanitarian parole. The announcement was welcomed by the immigrant advocates but at the same time, they expressed frustration at the slow pace of reunification.
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May 5, 2021
On Monday, President Biden made a statement announcing that he is raising the refugee cap to 62,500 for the current fiscal year. Formerly, under the Trump administration, the cap was set at a historic low of 15,000. This increase comes after the Biden administration faced criticism for keeping the Trump cap in place. Biden also said he plans to set a goal of 125,000 refugee admissions for the fiscal year 2022, in line with a commitment he made in his first foreign policy address at the State Dept.
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May 5, 2021
Late last week, Labor Secretary Marty Walsh virtually joined the “We Are Home” campaign, advocates, and immigrant workers to urge Congress to act on creating a pathway to citizenship for workers in the United States. He also urged for changes to the H-2A guest worker program. Furthermore, he said he would push for an immigration bill pass in the Senate and that he wanted to make sure that workers were protected regardless of status, along with establishing a pathway to citizenship, as well as improvements for guest worker programs. At the present time, the U.S. Citizenship Act has been introduced in both the House and Senate, but lawmakers have not moved on to the bill.
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May 6, 2021
USCIS said that as early as May 17 it will no longer require H-4 and L-2 spousal visa applicants to submit biometric data as part of the process of renewing their status and work authorization. The decision is the latest unfolding in a March lawsuit filed against Department of Homeland Security Secretary Mayorkas in the Seattle federal court when a group of H-4 and L-2 spousal visa holders alleged that the biometric requirement is unlawful and it contributes to unreasonable delays. Though many other visa holders face the same requirement, the H-4 and L-2 visa holders argue the policy disproportionately aimed at them. They allege that the agency officials should waive the requirements for other visa applicants, or prioritize other petitioners for biometric appointments. This change will remain in effect for 24 months.
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May 6, 2021
Beginning May 4, all nonimmigrants traveling from India are banned from entering the United States with the exception of those that already have a valid visa stamp in their passport, and have been outside of India for more than 14 days before traveling to the United States. This travel ban does not apply to U.S. citizens, green card holders, or H, L, E, O visa holders attempting to travel out of India to the U.S., if they fall within a categorical exception. The new order suspending direct entry from India is in addition to the travel bans already in place for other countries and regions with regard to direct travel to the U.S.
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May 7, 2021
Chuck Schumer, the Democrat Senate Majority Leader, told members of the Congressional Hispanic Caucus that he is “actively exploring” ways to grant citizenship to millions of undocumented immigrants through budget reconciliation. This strategy would require a simple majority vote in the Senate, rather than the filibuster-proof threshold of 60 votes required for most legislation. Schumer is reportedly considering passing the citizenship bill along with President Biden’s infrastructure bill through reconciliation, should negotiations over a standalone immigration bill break down. It is believed that he will argue that there is precedent for using the procedure to change immigration policy.
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May 7, 2021
DHS is seeking an end to litigation challenging work permits for the foreign spouses of H-1B highly skilled workers. In May 2014, DHS published a policy allowing the H-4 spouses of certain H-1B workers to seek permission to legally work in the United States. The rule had the purpose to retain foreign workers who may abandon seeking permanent residency if their partners were unable to work. After the policy went into effect, a group of former Southern California Edison workers filed suit to end the H-4 policy. Now, DHS is telling the court that the executive branch has wielded “broad authority” over immigration law for nearly 70 years and that the agency’s shared authority with Congress is valid and still allows Congress to pass legislation over work permits.
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May 8, 2021
EOIR announced the appointment of 17 new immigration judges. The new group of judges includes one assistant chief immigration judge and six unit chief immigration judges. The notice provides the judges’ names, courts of appointment, and biographical information. This group of judges includes eight former prosecutors, seven attorneys who counseled ICE, and two who were most recently private practitioners. Five of the judges are serving at the Houston Immigration Court, while six are at the new Richmond Immigration Adjudication Center, that operates remotely.
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May 9, 2021
On Wednesday, the Third Circuit became the latest to rule that immigration judges have the authority to indefinitely close deportation cases while awaiting rulings in related proceedings. In a two to one ruling, the appellate court joined the Fourth and Seventh Circuits, holding that the BIA should have allowed a Mexican citizen to ask an immigration judge for “administrative closure” of his removal case in order to seek renewal of his DACA status. This decision places the Third Circuit among the group of courts which have held that Sessions’ 2018 Castro-Tum opinion of immigration judges not having the authority to administratively close cases, was wrong.
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May 10, 2021
On Friday, the Department of Homeland Security issued a statement noting that Secretary Mayorkas has approved a rule that removes the 30-day Employment Authorization Document processing requirement for asylum applicants. The notice states that he recognizes that the work authorization is crucially important to people requesting asylum and that the rule strengthens the commitment to decide on applications as quickly and efficiently as possible. Furthermore, the Department is planning to engage in future rulemaking to advance the interest of asylum applicants seeking EADs.
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May 10, 2021
On Thursday, DHS Secretary Mayorkas and the director of the family reunification task force Michelle Brané said that President Biden’s administration is working to reunite entire families who were separated during the former Trump administration. This means that parents, as well as siblings of separated children, could be able to get permanent legal status in the United States. Mayorkas stated that they are focusing on providing “stability to the reunited families…as a unit.” Brané added that the task force is currently working on a process in which “immediate family members can also apply.” While Mayorkas said he could not guarantee that the families would have permanent legal status, he assured that they will do everything in order to make it all work out.
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May 11, 2021
On Friday, the USCIS announced that DHS has withdrawn a proposed rule that would have expanded department authorities and requirements for collecting biometrics by requiring submission of biometrics for every applicant, petitioner, sponsor, beneficiary, or another individual filing for or associated with any immigration or naturalization benefit or request unless DHS waives or exempts the biometrics requirement, among other things. DHS also said that it will continue to require submission of biometrics where appropriate.
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May 11, 2021
The 2020 census showed that the 7.4% growth over the last decade is the second slowest ever. If that pace continues, there is a real possibility that fewer younger workers will be supporting the older Americans. Immigration is one of the most important correctives to this problem, as experts state. Analysts are saying that America’s long-term economic outlook almost certainly requires stronger immigration. Immigrants, it’s estimated, several years ago added $2 trillion to the GDP and more than $450 billion to overall tax revenues. They stimulate economic growth because many are entrepreneurial, others do jobs that are hard to fill, and they represent a younger force that can support our aging population.
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May 13, 2021
A past regulation that was formerly implemented by the Trump administration, that would end the H-1B lottery would make it more difficult for international students to obtain an H-1B petition and work in the U.S. Even though the implementation of this rule has been delayed, observers believe the Biden administration may favor it. The battle over the regulation could determine whether U.S. universities will recover from the students lost during the Trump years and as a result of Covid-19. The new rule would replace the original random lottery with a system where USCIS would elect H-1B petitions from highest to lowest salary level under the Department of Labor’s wage system. International students are at a disadvantage under the rule because choosing H-1B petitions by salary level favors the most experienced individuals in the labor market over those with the least experience.
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May 14, 2021
USCIS announced that all the applicants, petitioners, requestors, and beneficiaries can now call the USCIS Contact Center to reschedule their biometric services appointments. Before, the applicants had to submit requests in writing to reschedule their biometrics appointments but this change will help eliminate undue paperwork and allows the agency to track the request through a more efficient process. Applicants must establish good cause for rescheduling and must call before the date and time of their original appointment to reschedule. If an applicant fails to call before the scheduled appointment or fails to establish good cause, USCIS may consider the application, petition, or request abandoned and, as a result, it may be denied.
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May 17, 2021
The Congressional Hispanic Caucus (CHC) officially endorsed a bill that would grant a path to citizenship for more than 5 million workers who were considered essential during the pandemic. The bill, Citizenship for Essential Workers Act, would concede permanent residency to workers in a variety of industries who have performed labor during the pandemic. The 38-member CHC on Wednesday achieved its 25-member threshold to formally endorse the bill, which would complement other immigration bills that have already cleared the House.
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May 17, 2021
President Biden revoked Presidential Proclamation 9945 of October 4, 2019, which suspended the entry of immigrants who would financially burden the U.S. healthcare system. In his proclamation, Biden noted that the Proclamation “does not advance the interests” of the United States. The revocation also noted that the 2019 Proclamation is in conflict with the Biden administration’s newer, migrant-friendly agenda issued Executive Order from February 2, 2021, called Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.
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May 18, 2021
Several dozen immigrants have received travel permits to study abroad, following a lawsuit of a Long Beach educational organization to the Biden administration. All the applicants are DACA recipients and they requested to utilize advanced parole, the provision under DACA that allows for legal travel for work, school, or humanitarian reasons. The complaint filed against the Biden administration last month asked for a response from immigration authorities to the applications that 84 Dreamers submitted nine months ago to permit travel out of the country. As a result of this lawsuit, a court order was issued, requiring the USCIS to process the advanced parole applications, therefore, allowing the DACA recipients to travel.
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May 18, 2021
On Monday, USCIS announced it is now accepting applications for two funding opportunities under the Citizenship and Integration Grant Program. The grant opportunities will provide up to $10 million in grants for citizenship preparation programs for communities across the country. These competitive grant opportunities are open to organizations that prepare lawful permanent residents for naturalization and promote civic integration through increased knowledge of English, U.S. history, and civics. These funding opportunities are available to communities by the Congress’s support for the USCIS through appropriations. All the award recipients will be announced in September 2021.
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May 20, 2021
USCIS is working on a new law to preserve the DACA program pending the aftermath of litigation. At a legal event on Monday, USCIS Chief of Staff, Felicia Escobar Carrillo said that “The program continues as-is until litigation issues are resolved,”. She added that since December, the agency has been processing initial applications, renewals, and requests for advanced parole.
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May 24, 2021
On Friday, the Department of Homeland Security (DHS) and the Dept. of Labor (DOL) published a joint temporary final rule, making available an additional 22,000 H-2B temporary nonagricultural guest worker visas for the fiscal year 2021. This will be for employers who are likely to suffer irreparable harm without these additional workers. Of these visas, 6,000 are reserved for nationals of the Northern Triangle countries of Honduras, El Salvador, and Guatemala. The supplemental increase allocates 16,000 visas available only to returning H-2B workers from one of the last three fiscal years (fiscal years 2018, 2019, or 2020), and 6,000 visas for Northern Triangle nationals, which are exempt from the returning worker requirement.
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May 25, 2021
President Biden’s administration made the announcement that it will extend deportation protections and work permits for 54,000 Haitian immigrants living in the United States with TSP and will allow hundreds of thousands of other eligible Haitians to request relief. DHS Secretary Mayorkas stated that he will extend the TPS designation for Haiti by 18 months, therefore allowing current recipients to renew their protections. Mayorkas also opened the program to new applicants, allowing eligible Haitian immigrants to apply for TPS as long as they had arrived in the United States by Friday, May 21st. Senator Menendez said the decision to expand eligibility for the Haiti TPS program could benefit approximately 150,000 Haitian immigrants, including 100,000 potential new applicants.
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May 28, 2021
AILA and partners sent a letter requesting DOJ and EOIR to invalidate the EOIR fee rule that imposes fee increases for critical immigration filings, and also to ensure that any further rulemaking involving fees in EOIR proceedings does not deny due process or access to asylum to any person. The letter affirmed that the EOIR’s fee rule is “contrary to the principles of our nation’s legal system and to the Biden-Harris Administration’s commitment to improving the operation of the Immigration Courts and protecting the vulnerable individuals who appear before them.”
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May 28, 2021
The Biden administration has substantially reined in ICE, essentially putting the agency on probation. Under the new rules cutting down on immigration enforcement, ICE carried out less than 3,000 deportations last month, this being the lowest level on record. The agency’s 6,000 officers currently average one arrest every two months. Even though the new administration has rejected calls from some Democrats to eliminate the agency entirely, Biden has restricted ICE officers’ abilities so much that their use is functionally abolished. Immigration advocates hope the release of the DHS budget this week will deeply cut ICE, but nevertheless, DHS Secretary Mayorkas has stated that he does not plan to reduce ICE staff or funding.
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May 29, 2021
Civic and business leaders in Central Florida showed support on Tuesday, for the passage of immigration bills that they say would help boost the economy of a tourist region that is dependent on workers temporarily shielded from deportation by various policies. The virtual bipartisan panel included Democratic Orlando Mayor Buddy Dyer who was among the supporters urging Florida’s GOP Senators Rubio and Scott to support the legislation that would provide a citizenship path for immigrants relying on DACA and TPS. A spokesperson for Scott said that while the senator supports “a permanent solution for DACA and TPS…any immigration proposal needs to secure the border.”
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June 2, 2021
The New York Times obtained a 46-page draft that explains the Biden administration’s plans to expand legal immigration. These measures will be reversing former President Trump’s policies. Under President Trump’s administration the average time it took to get an employer-sponsored green card doubled, the backlog of citizenship applications grew by 80 percent and the approval rate for the U-visa program went from five months period to five years. The document is divided into seven sections and it details policy proposals that would ultimately help migrants move to the United States. This includes skilled workers, trafficking victims, asylum seekers, migrants, and more.
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June 3, 2021
On Wednesday, USCIS made the announcement of introducing a pilot program for accepting credit card payments using Form G-1450 for U nonimmigrants who are filing Form I-485. The pilot program began on May 3rd. at the Nebraska Service Center and will be limited to this location. The service center started accepting credit card payments from certain Form I-485 applicants using Form G-1450. Applicants must be U nonimmigrants (victims of criminal activity). At the end of the pilot, the USCIS will then evaluate the outcome and determine the next steps for perhaps expanding this payment option for other forms or other service centers.
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June 3, 2021
On Tuesday, the Biden administration officially ended President Trump’s “Remain in Mexico” policy. This set of rules forced tens of thousands of asylum-seekers from Central America to stay south of the U.S. border until their claims were heard. Department of Homeland Security Secretary Mayorkas said he was ending the policy, that was previously known as the Migration Protection Protocols (MPP), in a memo to all agency heads after a months-long review by his office. The Biden administration briefly halted the program on January 20th, its first day in office, pending the review. The memo also said the administration is considering other ways to implement reforms to the U.S. asylum system in place of the MPP.
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June 4, 2021
On Wednesday, the Ninth Circuit held that immigration judges can reopen the cases of immigrants who have been removed from the United States or who voluntarily left. In its decision, the panel sided with a Mexican native who was removed in 1995 and asked an immigration judge to reopen his case sua sponte after he returned to the U.S. so he could apply for adjustment of status. The judge refused – and the BIA agreed – finding that a judge is blocked from taking sua sponte action because the migrant had left the country. Nonetheless, the panel said that the departure bar does not apply to a sua sponte reopening of a case, but only limits motions to reopen. The panel has now joined a Circuit split on the issue, supporting the Tenth Circuit, and opposing the Second, Third, and Fifth Circuits.
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June 4, 2021
This Thursday, USCIS announced that it has received sufficient petitions to reach the cap for the additional allotted 16,000 H-2B visas made available only for the returning workers. The agency continues to accept petitions for H-2B nonimmigrant workers for the additional 6,000 visas allotted for nationals of Honduras, Guatemala, and El Salvador. Petitioners whose workers were not selected for the returning worker allotment are encouraged to refile for workers from the Northern Triangle countries while that visa allotment remains available. Therefore, July 8, 2021 will be the final date for filing petitions requesting Northern Triangle nationals who are exempt from the returning worker requirement.
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June 5, 2021
On Thursday, the New York state Senate passed legislation that will protect all the immigrant New Yorkers from threats of revealing immigration status for the purpose of blackmail. The bill would supplement the laws barring extortion and coercion to include making threats to report an individual’s immigration status or bring about deportation proceedings. Such similar measures have also been passed in California, Colorado, Maryland and Virginia.
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June 6, 2021
On Friday, the Department of Homeland Security officials formally prohibited separating children from parents who are caught illegally crossing the United States border. This measure comes as part of an effort by the Biden administration to revert the effects of Trump’s “zero tolerance” policy. Customs and Border Protection Acting Commissioner Troy Miller issued a memo to the heads of Border Patrol and CBP’s Office of Field Operations prohibiting the separation of children from their parents or guardians for convictions on illegal entry to the U.S., and prohibiting the referral of parents for prosecution solely on the grounds of illegal entry to the country. Miller’s memo added an exception on national security grounds, allowing CBP and Border Patrol agents to refer illegal entry for prosecution with approval of higher-ranking officials and local counsel.
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June 15, 2021
USCIS announced new guidance in the Policy Manual on employment authorization and deferred action for principal petitioners for U nonimmigrant status and the qualifying family members with pending, bona fide petitioners. Some updates in the policy manual include that USCIS will conduct an initial review of Form I-918 and will issue BFD EADs and deferred action for 4 years to petitioners for U nonimmigrant status and qualifying family members if USCIS deems their petition “bona fide.” Furthermore, the guidance explains that those who do not receive a BFD EAD under this initial review will proceed to the full waiting list adjudication and, if their petitions are approvable, they will be placed on the waiting list for a U visa.
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June 16, 2021
Granting a pathway to citizenship to all of the undocumented immigrants in the United States would boost the nation’s economy by $1.7 trillion over the next decade while creating 438,800 new jobs. This is according to a new report by the Center for American Progress (CAP) and the University of California, Davis, that modeled the different economic outcomes based on scenarios where different groups of undocumented immigrants were granted a pathway to citizenship. According to the report, granting a pathway to citizenship for all the 10.2 million would boost the GDP by $1.7 trillion and raise the average wage of those immigrants by $4,300 over five years and $11,800 over 10 years.
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June 24, 2021
USCIS announced it will accept resubmitted fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed solely because the requested start date was after Oct. 1, 2020. Petitioners whose FY 2021 petition was rejected or administratively closed only because the petition was based on a registration that was submitted during the initial registration period, but requested a start date after Oct. 1, 2020, may re-submit that previously filed petition with all applicable fees, at the addresses listed on USCIS’ website. These kinds of petitions must be resubmitted before Oct. 1, 2021. If properly resubmitted, the agency will consider the petition to have been filed on the original receipt date.
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June 24, 2021
The Department of Homeland Security (DHS) will be reconsidering the cases of migrants who were previously barred from seeking asylum in the United States under the previous Trump administration. Former President Trump’s policy which was implemented in the year 2019, blocked migrants at the Mexican border from entering the U.S. to apply for asylum, leaving what the Biden administration estimates is now around 35,000 people waiting in Mexico under the Migrant Protection Protocols (MPP). In a statement, DHS said it “will expand the pool of MPP-enrolled individuals who are eligible for processing into the United States,” and “will continue to process for entry into the United States MPP enrollees with pending proceedings.” President Biden paused the Remain in Mexico policy shortly after taking office. He then formally terminated the program in June. The Supreme Court has since dismissed pending legal action on the program as moot.
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June 25, 2021
On Thursday, USCIS announced that, in response to COVID-19, it is extending the flexibility it announced on March 30th, 2020, to assist applicants, petitioners and requestors who are responding to certain: Requests for Evidence; Continuations to Request Evidence (N-14); Notices of Intent to Deny; Notices of Intent to Revoke; Notices of Intent to Rescind; Notices of Intent to Terminate regional centers; and Motions to Reopen an N-400. In addition, USCIS will consider a Form I-290B or Form N-336 if the form was filed up to 60 calendar days from the issuance of a decision the agency made, and USCIS made that decision anytime from March 1, 2020, through Sept. 30, 2021.
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June 27, 2021
On Wednesday, the Oregon legislature passed a bill that would more explicitly prohibit law enforcement and public agencies from assisting federal immigration authorities. Those who provide assistance could be subject to lawsuits if they do help facilitate deportations. The bill, called the “Sanctuary Promise Act,” strengthens and expands the state’s sanctuary law, the first-such statewide policy in the nation when it passed in 1987. Some of the new provisions in the bill include: prohibiting agencies from collecting information about a person’s citizenship status, prohibiting giving information to federal immigration authorities for the purpose of enforcement, and requiring agencies to deny requests for information from immigration enforcement officials.
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June 28, 2021
On Wednesday, USCIS announced that it has launched an H-2B Employer Data Hub to provide information to the public on employers or agents petitioning for H-2B workers. The data hub is part of the agency’s continued effort to increase transparency in employment-based visa programs. USCIS will provide downloadable annual releases of the data, and we anticipate updating the H-2B Employer Data Hub quarterly.
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June 29, 2021
On July 6th, 2021, EOIR (Executive Office for Immigration Review) plans to resume non-detained individual and master calendar hearings in limited numbers at the following immigration courts: Houston, El Paso, Dallas, Ft. Snelling, Harlingen, Houston – S. Gessner Road, Houston – Greenspoint Park Drive, Kansas City, Memphis, New York – Broadway, New York – Federal Plaza, New York – Varick, Portland, San Antonio, and San Juan. Hearings in non-detained cases that are scheduled at these courts are postponed through July 3rd. Noncitizens or representatives who have not received a notice of reset hearing by June 22nd, should expect scheduled hearings to proceed. EOIR also noted that the option to file by email at these courts will end on September 4, 2021.
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June 30, 2021
USCIS issued a reminder that if, by July 8, 2021, fewer than 6,000 beneficiaries are requested by nationals of the Northern Triangle countries, the USCIS will make the unused visas available to employers, regardless of the beneficiary’s country of nationality, subject to the returning worker requirement. The agency says that it strongly encourages qualified U.S. employers to consider this supplemental H-2B allocation reserved for nationals of the Northern Triangle in filling positions for which they cannot find qualified and available U.S. workers. If the H-2B limit is not reached by July 8, USCIS will issue a notice by July 23 for additional applications.
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July 2, 2021
On this year’s 4th. of July, the USCIS will celebrate by welcoming more than 9,400 new citizens in 170 naturalization ceremonies between June 30th. and July 7th. The agency says that these ceremonies demonstrate its commitment to welcoming immigrants. Furthermore, the agency said that it “is proud to welcome people from all over the world as our newest U.S. citizens” during this celebration of Independence Day.
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July 5, 2021
On Friday, DHS released the Interagency Strategy for Promoting Naturalization. This is a government approach to breaking down barriers to U.S. citizenship and promoting naturalization to all who are eligible, as outlined in President Biden’s Executive Order 14012. This report represents the collaboration of USCIS, the DOD, DOJ, Dept. of State, and nearly a dozen other federal departments who are part of the interagency Naturalization Working Group. This working group was established in conformity with the President’s executive order to prioritize citizenship education and awareness through capacity building and expanded partnerships, which is at the heart of the interagency strategy.
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July 8, 2021
The Department of Homeland Security has withdrawn a proposed rule that would have attacked fixed time limits to certain student visas. In September, the Trump administration proposed adding a fixed end date to student visas when they are issued, which would have been a departure from the earlier practice of allowing the visas to remain valid as long as the international student is enrolled in school. DHS detailed its withdrawal of the proposal in the Federal Register on Tuesday. The agency said it received roughly 32,000 comments in the month after the rule was recommended, and more than 99% of those expressed opposition to the plan. The commenters said the proposed rule was discriminatory and would heavily burden students and others affected by the time limits, as they would need to apply for extensions.
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July 9, 2021
Immigration courts in New York City are open once again for the first time since the start of the pandemic. During the past year, the only remote hearings that took place were for the people who were in detention. Now, non-detained people can have their hearings in immigration court at Broadway, Varick, or Federal Plaza. The reopening is widely welcome, as people in New York State have been waiting an average of 1,002 days for their immigration cases to be called, which is above the national average of 938 days.
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July 9, 2021
The Department of Homeland Security published a Federal Register notice extending and re-designating TPS for Yemen for 18 months. The extension is due to the ongoing armed conflict and extraordinary and temporary conditions that prevent Yemeni nationals from safely returning. The extension will last until March 3rd, 2023 and it allows approximately 1,700 current beneficiaries to retain TPS, as long as they register by September 7, 2021.
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July 20, 2021
USCIS announced that it has expanded its pilot program at the Nebraska Service Center (NSC) for accepting credit card payments using Form G-1450 for certain applicants applying for premium processing. At the end of the pilot, the agency will evaluate the results and determine the next steps for expanding this payment option for other forms or other service centers. The agency said the objective of this pilot is to bring USCIS one step closer to accepting digital payments using a credit card at all of their service centers.
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July 21, 2021
USCIS announced new policy guidance that will eliminate the need for individuals who have applied for a change of status (COS) to F-1 students to apply to change or extend their nonimmigrant status while their initial F-1 application is pending. Under the previous policy, applicants needed to maintain status up to 30 days before the program start date listed on their Form I-20 which required them to file extensions, or an initial COS and subsequent extensions ensuring that they would not have a “gap” in status. The new policy will reduce workloads and costs for both the applicants and USCIS. USCIS is in now in the process of revising the Form I-539 instructions to reflect these changes.
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July 21, 2021
The Secretary of Agriculture, Tom Vilsack batted back attacks from Republicans on the Biden administration’s border policies while discussing migrant farmworker programs. During a Senate Judiciary Committee hearing on creating a pathway to citizenship for migrant farmworkers, several Republicans said they would not support such legislation without first ramping up border security. In March, the House passed legislation that would allow migrants who worked a certain number of years in agriculture to apply for legal status. Vilsack defended the bill by saying that he does not believe its passage would cause an influx of migrants at the border.
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July 22, 2021
President Biden has said that the Department of Justice is planning on appealing a recent court decision that has halted DACA and deemed it illegal. The ruling bars the government from approving any new applications, therefore, effectively suspending the program. For now, DACA is preserved for the more than 616,000 people enrolled in the program until other courts weigh in. Biden said that the court ruling “is deeply disappointing” and that the Department of Homeland Security plans to issue a proposed rule concerning DACA in the near future.
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July 23, 2021
A bill was scheduled for House consideration, that will authorize an additional 8,000 special immigrant visas for Afghan interpreters, contractors, as well as other vulnerable allies. This measure would open up the extra slots in a visa program designed to provide a safe haven for Afghan allies at risk of persecution or death if they remain in Afghanistan as the U.S. military completes its withdrawal from the country. Around 20,000 Afghans and their families are in line for the program, which has a total of 26,500 authorized slots. The State Department said around 750 SIV applicants will soon be evacuated to the United States and will complete their processing at Fort Lee.
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July 26, 2021
On Wednesday, USCIS announced that TPS applicants who are eligible nationals of Burma, Somalian, Syria, Venezuela or Yemen, can now file form I-821 (Application for Temporary Protected Status) online if they are applying for TPS for the first time. USCIS is starting with these countries because they are either new designations or recently announced re-designations. All other TPS applicants and current beneficiaries who are re-registering under the extension of a TPS designation must continue to file a paper Form I-821.
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July 26, 2021
On Thursday, USCIS modified the addresses for certain applicants filing Form I-131. This address update will affect the following: Applicants with a pending Form I-485 who are filing Form I-131 alone with a Form I-485 receipt notice; Haitian family members filing for advance parole under the Haitian Family Reunification Parole program; Cuban family members filing under the Cuban Family Reunification Parole program; the DACA recipients; Humanitarian parole applicants; Refugee travel document applicants; TPS applicants; as well as all other applicants as noted on the Direct Filing Addresses for Form I-131 page.
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July 29, 2021
USCIS has announced on July 23rd. that employers may file H-2B petitions for returning workers under the FY 2021 H-2B supplemental visa temporary final rule. Employers may take this action if they are likely to suffer irreversible harm without these additional workers. A petitioner should file a new Form I-129, Petition for a Nonimmigrant Worker, together with an approved and valid temporary labor certification that states an employment start date for the second half of the fiscal year, and attest that these noncitizens will be returning workers.
Returning workers are defined as those workers who were previously issued an H-2B visa or otherwise granted H-2B status in Fiscal Years 2018, 2019, or 2020. USCIS will accept petitions for returning workers until Sept. 15, 2021, or until the remainder of the cap is reached, whichever occurs first. Any petitions that arrive after this limit has been reached will be rejected.
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July 30, 2021
In March 2021, USCIS conducted an initial random selection on electronic registrations for the FY 2022 H-1B cap, including for beneficiaries eligible for the advanced degree exemption. The agency determined that it needed to select additional registrations to reach the FY 2022 numerical allocations. The USCIS selected on July 28, previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on July 28 will begin on August 2nd. and close on November 3rd. Individuals with selected registrations will have their myUSCIS accounts updated and to include a selection notice, which includes details of when and where to file.
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July 30, 2021
As the number of migrants at the border continues to surge, the Biden administration has drafted a 21 point plan to weigh their asylum claims more quickly and to deport those who do not qualify. Included in the plan, the administration calls for asylum officers to have full authority to rule on asylum claims for migrants crossing the border, thus allowing asylum-seekers to bypass immigration courts, which now have a backlog of more than 1.2 million cases. The White House aims to send asylum cases that do go to court to a dedicated docket, therefore making sure that they are given priority. Additionally, families seeking asylum would also have access to legal counsel, depending on Congress’ approval of a $15 million budget request for next year.
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July 31, 2021
The USCIS issued a notice reminding the public that the agency offers immigration services that may help the people affected by unforeseen circumstances, for instance, natural disasters. The notice offers several available measures including changing nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States, the re-parole of individuals previously granted parole by USCIS, certain expedited adjudication of advance parole and EAD requests, as well as flexibilities regarding waivers and interviews.
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August 2, 2021
On Friday, the Department of Homeland Security posted for public inspection a Federal Register notice that provides information about how to register for TPS for Haiti. DHS Secretary Mayorkas previously announced this 18-month designation of Haiti for TPS on May 22. Those who may apply for TPS under the new designation include approximately 55,000 current TPS Haiti beneficiaries, whose TPS-related documentation is automatically extended at least through Oct. 4, 2021. This designation of Haiti for TPS also enables at the same time an estimated 100,000 additional individuals to file initial applications for TPS.
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August 4, 2021
Over the weekend, the Executive Office for Immigration Review (EOIR), consistent with public health officials’ guidance, released FAQs on its implemented practices related to COVID and immigration courts. The FAQs cover policies regarding vaccinations, masks, questioning during hearings, limitations on visitors in courtrooms, as well as various other procedures for EOIR hearings in the face of COVID.
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August 9, 2021
USCIS announced today that all the applicants who are filing for lawful permanent resident status will now be able to apply for a Social Security number (SSN) or a replacement card as part of the adjustment of status application process. Formerly, these individuals had to apply for a Social Security number at a Social Security office. USCIS is revising Form I-485, Application to Register Permanent Residence or Adjust Status, and will include the additional questions needed to apply for an SSN or a replacement card.
After approving Form I-485 Application, in most cases, the USCIS will electronically transmit the data to the Social Security Administration. Upon receiving the data, the Social Security Administration will automatically assign an original SSN or issue a replacement card, as appropriate. This cooperation with the Social Security Administration will not increase the filing fee for Form I-485. This change to Form I-485 will go into effect immediately. The applicants can begin filing using the updated form I-485 today.
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August 10, 2021
The Department of Homeland Security (DHS) published a Federal Register notice announcing extensions of the registration periods from 180 days to 18 months for initial applicants for TPS under the designations of Venezuela and Burma, and the redesignation of Syria. This notice provides as well, certain specific corrections to the notice regarding Venezuela. DHS has come to the conclusion that limiting the registration period to 180 days may place a burden on initial TPS applicants who are unable to timely file but would otherwise be eligible for a grant of TPS. The registration periods will be running as follows: Venezuela runs through Sept. 9, 2022, Syria runs through Sept. 30, 2022, and Burma runs through Nov. 25, 2022.
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August 10, 2021
On Thursday, President Biden granted temporary refuge to people from Hong Kong in the midst of the Chinese government’s effort to crush the pro-democracy movement and tighten its control on a city once known for its freedom. Biden signed a memorandum allowing people from Hong Kong currently residing in the U.S. to live and work in the country for 18 months. The decision to provide temporary refuge comes in response to Hong Kong’s sweeping new national security law and other measures that undercut the rights promised when it was handed back to China in 1997. According to the Department of Homeland Security, in the United States, there are several thousand people from Hong Kong who would be eligible to remain, thus avoiding being deported under what is formally known as deferred enforced departure.
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August 11, 2021
Last week, USCIS announced updated policy guidance affecting children born outside of the United States and the determination of whether children born through assisted reproductive technology are considered to have been born “in wedlock”. This policy update will allow a non-genetic, non-gestational legal parent of a child to pass on United States citizenship to the child if the parent is married to the child’s genetic or gestational parent at the time of the child’s birth, and the relevant jurisdiction recognizes both parents as the child’s legal parents.
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August 12, 2021
In a letter sent on Monday, nearly two dozen House Democrats called on congressional leaders to include a pathway to citizenship not only for undocumented immigrants in their budget reconciliation measure but also for the foreign citizens who grew up legally in the United States. The lawmakers asked Speaker Pelosi and Senate Majority Leader Schumer to establish a path to green cards for people raised and educated in the U.S. as dependents on their parents’ work visas. Some of these people referred to as “documented Dreamers”, may have aged out of their parent’s visas while being stuck waiting in a years-long backlog for a green card.
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August 22, 2021
As of August 13, USCIS had received enough petitions for returning workers to reach the additional 22,000 H-2B visas made available under the FY 2021 H-2B supplemental visa temporary final rule. The agency will reject and return any cap-subject petitions for H-2B returning workers received after Aug. 13, together with any accompanying fees. USCIS will continue to accept H-2B petitions for workers that are exempt from the congressionally mandated cap, including current H-2B workers in the United States who are extending their stay, changing employers, or changing the terms and conditions of their employment; fish roe processors, fish roe technicians, or supervisors of fish roe processing; and workers performing labor or services in the Commonwealth of the Northern Mariana Islands or Guam from November 28, 2009, until December 31, 2029.
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August 24, 2021
Supreme Court Justice Alito temporarily paused a ruling by a Texas federal judge which required the Biden administration to bring back the Migrant Protection Protocols (MPP). MPP, also known as Remain in Mexico, forced asylum seekers arriving at the U.S. – Mexico border to wait for approval in Mexico. Alito granted the Biden administration an administrative stay, allowing the administration’s revocation to stand “so that the full court can consider the application.” The court will make an official decision on the program Tuesday. Justice Alito also ordered Texas and Missouri to answer the administration’s arguments by Tuesday.
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August 24, 2021
Late last week, the USCIS had reached a settlement agreement in a case that would allow certain individuals to receive updated receipt dates for resubmitted immigration benefit applications or petitions that were originally rejected under the former “No Blank Space” rejection policy. Under this former policy, USCIS rejected filings with any blank fields or spaces. The settlement was officially approved by a federal court in California on July 20, and the ruling will apply to forms I-589, I-918, and I-918, Supplement A. The individuals whose forms were rejected under the former policy may resubmit their request on or before July 20, 2022.
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August 25, 2021
Last week, the U.S. Department of Justice and the Department of Homeland Security announced that they are publishing a notice of proposed rulemaking that would amend current regulations to improve the processing of asylum claims. The proposed rule would allow USCIS asylum officers to hear and decide applications for asylum, withholding of removal, and Convention Against Torture protection for individuals who receive a positive credible fear determination. These cases are currently assigned to immigration judges within EOIR. DHS Secretary Mayorkas said the “proposed changes will significantly improve DHS’s and DOJ’s ability to more promptly and efficiently consider the asylum claims of individuals encountered at or near the border while ensuring fundamental fairness.”
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August 25, 2021
Earlier this week, the Supreme Court agreed to take up the government’s appeal of a ruling that allowed undocumented immigrants to seek release on bond after six months in custody while challenging their deportations. In April 2020, the Ninth Circuit ruled that bond hearings were required for immigrants who had been arrested after entering the United States and who credibly claimed that they would face persecution or torture. Lawyers say the ruling could apply to thousands of people in ICE custody. However, the Department of Homeland Security filed an appeal claiming that the six-month hearings could encourage fleeing after release. Although the appeal was filed by the Trump administration, the Biden administration has not withdrawn the suit and will argue the case next year.
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September 1, 2021
The Executive Office of Immigration Review (EOIR), launched its FOIA Public Access Link (PAL). This will allow users to submit requests, check the status of requests, download records, browse the FOIA reading room, and correspond with the EOIR FOIA Service Center. The PAL also allows the users to pay any required fees online. The agency’s Acting Director Jean King said that it is “excited to launch [the] new portal, which highlights EOIR’s dedication to transparency through its FOIA request process.” The agency says the PAL is expected to increase efficiency for the people that are in need of information and for FOIA staff with the Office of the General Counsel.
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September 3, 2021
On Wednesday, USCIS created a new Lockbox Filing Location Updates page on its website for customers to keep track of updates the agency makes to lockbox filing locations. Users can use this page to see which lockbox form filing locations USCIS has updated as well as when the update was made. USCIS will be updating this page regularly, but the agency encourages users to check the “Where to File” section of a form’s webpage for the most current information on where to mail the form.
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September 7, 2021
Starting on September 4, 2021, the USCIS is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. We are making the change from 18 to 24 months to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.
Conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice that can be presented with their Form I-551, Permanent Resident Card (Green Card), as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS.
Furthermore, we will issue new receipt notices to eligible conditional permanent residents who properly filed their Form I-751 or Form I-829 before September 4 and whose cases are still pending. Those receipt notices will also serve as evidence of continued status for 24 months past the expiration date on their Green Card.
As a reminder, conditional permanent residents who plan to be outside of the United States for a year or more should apply for a reentry permit by filing Form I-131, Application for Travel Document before leaving the country.
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September 7, 2021
DHS and ICE have announced the extension of Form I-9 employment eligibility verification policy due to the ongoing COVID-19 crisis. As a precautionary measure, the temporary flexibility guidance set to expire on August 31 is extended effective September 1, 2021. ICE first issued this flexibility in March 2020, and it has been extended multiple times since then. The requirement that employers investigate employees’ I-9 identity and employment eligibility documents in person will apply only to employees who physically report to work on a regular basis.
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September 10, 2021
The DHS (Department of Homeland Security) has announced the automatic extension of TPS designations for the countries El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. TPS beneficiaries from these six countries will retain their status, if they continue to meet all the individual requirements for TPS eligibility. The automatic extension of TPS-related documentation includes Employment Authorization Documents (EADs) through December 31, 2022.
Eligible individuals whose TPS under the Haiti designation is presently continued by court orders and this notice are strongly encouraged to apply for Haiti TPS under the recently announced new designation. This will ensure that their TPS will continue if the courts end their injunctions. Furthermore, eligible individuals who do not apply for the new Haiti TPS designation during the initial registration period may be prohibited from filing a late initial registration during any subsequent extension of the designation if they do not meet certain conditions.
Current beneficiaries under the TPS designations for the countries of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan do not need to pay a fee or file any application to maintain their TPS and to have their TPS-related documentation automatically extended through December 31, 2022.
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September 10, 2021
On Tuesday, USCIS issued a notice inviting stakeholders to submit questions about the EB-5 Immigrant Investor Program. The agency is requiring all feedback and questions to be submitted by September 23rd, 2021. USCIS also noted that statutory authorization related to the EB-5 program expired on June 30, 2021.
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September 12, 2021
Seven hundred Colorado lawmakers signed a letter addressed to the president, the vice president, and congressional leaders in a push to make sure immigrants are included in all economic recovery legislation. In Colorado, 36 lawmakers are asking the president to provide a way in the $3.5 trillion budget reconciliation bill for immigrant workers to become citizens. “If you have shown up and you did right by our country by providing essential work, we are going to treat you right by giving you that path to citizenship,” state Sen. Julie Gonzales said on Thursday.
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September 14, 2021
Last Thursday, the State Department sent out emails informing Special Immigrant Visa (SIV) applicants that the Department is “currently unable to provide consular services for immigrant visas, including Special Immigrant Visas (SIVs), in Afghanistan.” The State Department says that it is “developing processing alternatives” so that it may continue to issue visas for the people of Afghanistan. The message gives no clear information of when or how the State Department will be able to provide consular service for immigrant visas and SIVs.
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September 14, 2021
On Friday, Democrats pitched their plan to Elizabeth Macdonough, the nonpartisan Senate parliamentarian regarding offering 8 million immigrants citizenship. Democrats appear ready to pursue immigration reform in a $3.5T spending bill, but first must convince MacDonough, a former immigration lawyer who has discarded key priorities for both parties in budget reconciliation measures in recent years. Democratic Senate staffers, together with Senate leadership staffers, met with MacDonough to make their case that the immigration plan complies with the rules that govern what can be included in the spending package. However, Speaker Pelosi said that “we are limited in what the parliamentarian in the Senate will allow…and that is most unfortunate.”
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September 14, 2021
On Friday, the DOJ filed a notice in an Fifth Circuit Court of Appeals to start with the process of overturning a judge’s determination, because DACA violated federal administrative law. Future DACA applications cannot be granted because of judge’s July decision, in favor of nine states. Therefore, DHS continued to accept DACA applications but could not grant new acceptances. The Mexican American Legal Defense and Educational Fund also filed an appeal, alongside the DOJ, on behalf of 22 DACA recipients.
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September 16, 2021
For the first half of FY2022, USCIS updated its H-2B cap count, stating that it has received 21,327 beneficiaries toward the 33,000 cap for the first half of FY2022, with 18,426 approved and 2,921 pending. The H-2B non-agricultural temporary worker program was created by Congress to allow U.S. employers to bring noncitizens to the U.S. to fill temporary non-agricultural jobs. Only workers in the U.S. in H-2B status who extend their stay, change employers, or change the terms and conditions of employment will not be subject to the cap.
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September 16, 2021
Last week, a district court instructed the Department of State (DOS) to rapidly review diversity visa (DV) applications by September 30, 2021 and that previous prioritization guidance may not be relied on. Consular sections were instructed to prioritize scheduling and adjudication of additional DV-2021 cases. The DOS has since instructed consular sections to make every effort within their discretion and subject to posts’ resource constraints, limitations due to COVID-19, and country conditions to prioritize the scheduling and adjudication of additional DV-2021 cases by September 30, 2021. The Department notes that the court did not order the Department to “prioritize DV-2021 applications over other visa applications.”
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September 16, 2021
USCIS website will now feature a Lockbox filing Location Update page, where customers can track when lockbox form filing locations are updated. Updates will also be emailed and announced on social media. The agency also encourages users to check the “Where to File” section of their form’s webpage for the most current information on where to mail their form.
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September 16, 2021
The Department of State (DOS) and DHS released a statement announcing that the Central American Minors (CAM) program will begin accepting new applications as of 9/14/21. This program also includes legal guardians who are in the U.S., pursuant to any of the following qualifying categories: lawful permanent residence; TPS; parole; deferred action; deferred enforced departure; or withholding of removal. In addition, this expansion of eligibility will now include certain U.S.- based parents or legal guardians who have a pending asylum application or a pending U visa petition filed before May 15, 2021
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September 16, 2021
The Senate parliamentarian, who will decide if a $3.5 trillion spending plan can include immigration reform, pushing Democrats for more details on their plan as she weighs whether to approve it. Sen. Dick Durbin, Senate Judiciary Committee chairman, said Monday that Democratic staffers will present parliamentarian Elizabeth MacDonough with new information this week after they initially briefed her last Friday on their reasoning for including immigration reform in the spending bill. Durbin mentioned that the new information would be related to “legal theories.”
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September 16, 2021
All immigration applicants who are subjected to medical examination must be fully vaccinated against COVID-19, before the civil surgeon can complete an immigration medical examination and sign Form I-693. USCIS made this announcement on Tuesday and it has to be applied starting Oct.1, 2021. The agency is updating their policy guidance in accordance with the CDC’s August 17, 2021 update to the Technical Instructions for Civil Surgeons. That update requires applicants subject to the immigration medical examination to complete the COVID-19 vaccine series and provide documentation of vaccination to the civil surgeon before completion of the immigration medical examination. Specific content can be found here:
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210914-COVIDVaccinationRequirement.pdf
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September 17, 2021
Last Thursday, the State Department sent out emails informing Special Immigrant Visa (SIV) applicants stating that the Department is “currently unable to provide consular services for immigrant visas, including Special Immigrant Visas (SIVs), in Afghanistan.” The State Department says that it is “developing processing alternatives” so that it may continue to issue visas for the people of Afghanistan. The specified date is unknown for the State Department to provide consular service for immigrant visas and SIVs.
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September 17, 2021
Undocumented students will receive financial aid in Colorado. To be eligible, a person must meet several qualifications, like attending a Colorado high school for three years before graduating. Under a 2019 state law, these students have access to money to help with tuition, books and housing. Last October, the state started accepting applications, and so far, 1,700 students have applied.
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September 17, 2021r.
The Biden administration is expanding its efforts to find and reunite migrant families who were separated at the U.S.-Mexico border under President Trump as part of a zero-tolerance policy on illegal crossings. On Monday a federal task force is launching a new program that will expand efforts to find parents, many of whom are in remote Central American communities, and help them return to the U.S. They will get at least three years of legal residency and other assistance. Since February, the task force has reunited about 50 families.
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September 21, 2021
On Sept. 20, 2021, USCIS announced the award of $10 million in grants to 40 organizations that prepare lawful permanent residents (LPRs) for naturalization. The grants also aim to promote prospective citizens’ integration into American civic life by funding educational programs designed to increase their knowledge of English, U.S. history and civics. Organizations located in 25 states will receive federal funding to support citizenship preparation services for LPRs through September 2023.
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September 21, 2021
On Sunday, the Senate parliamentarian ruled that Democrats are not allowed to provide a path to citizenship for about 8 million undocumented immigrants as part of their budget bill. The party hoped the immigration changes would cover Dreamers brought to the U.S. as children, people affected by conflicts or natural disasters in their home countries, farm workers and other essential workers. The decision deals a setback to reform advocates who have long pushed for Congress to grant legal status to millions of undocumented immigrants who live and work in the U.S.
Specific content can be found here:
https://www.cnbc.com/2021/09/20/senate-parliamentarian-rules-on-immigration-in-democratic-budget-bill.html
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September 21, 2021
On Friday, the White House Council of Economic Advisors said that granting green cards to millions undocumented immigrants would likely raise tax revenues, enhance productivity and have other benefits for the children of immigrants – all which would generate “substantial economic value for the country,” they said. The Council also said that legalizing immigrants could raise the cost of social benefit programs, but taxes immigrants would pay could cover those costs, in addition to the “positive fiscal contributions” of the next generation.
Specific content can be found here:
https://www.axios.com/undocumented-immigrants-green-cards-economy-0f576f53-ae1e-4acf-8bfe-1708e40d80e5.html
Immigration Law, Green Card, DACA
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September 21, 2021
EOIR presented a Policy Memo 21-27 after Executive Order 14012, clarifying that adjudicators should use language “[consistent] with our character as a Nation of opportunity and of welcome.” The memo includes terms to replace “alien,” “undocumented alien or illegal alien,” and “unaccompanied alien child” in EOIR.
Specific content can be found here:
https://www.aila.org/infonet/eoir-releases-policy-memo-on-updated
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September 21, 2021
On Monday, a three-judge panel in the Sixth Circuit Court of Appeals claims that USCIS unreasonably delayed in placing four applicants for U visas on a waiting list and attaining deferred-action status that would protect them from deportation. The Court rejected the agency’s argument that its delays were due to a backlog of roughly 160,000 applications for U visas, which are granted to victims of serious crimes, and were in line with the current five-year average waiting period. The court also was faced with a separate claim that USCIS failed to timely issue work authorization permits. However, since USCIS issues work authorization permits to applicants at its discretion and are not required to do so, courts cannot force the agency to issue them more quickly.
Specific content can be found here:
https://www.reuters.com/legal/litigation/u-visa-applicants-can-sue-over-processing-delays-6th-circuit-2021-09-13/
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September 21, 2021
As part of the USCIS credit card payment pilot program Texas Service Center is now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for petitioners filing Form I-140, Immigrant Petition for Alien Workers, with Form I-907, Request for Premium Processing Service, or when filing Form I-907 to upgrade a pending Form I-140 to premium processing. At the end of the pilot, the agency will evaluate the results and determine the next steps for expanding this payment option for other forms or other service centers. The goal of this change is to bring USCIS one step closer to accepting digital payments using a credit card at all service centers.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-expands-credit-card-payment-pilot-program-to-texas-service-center
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September 21, 2021
The Biden administration will begin requiring immigrants to be fully vaccinated against the COVID-19 before they can become permanent residents. Starting October 1, proof of vaccination will be required as part of the general medical examination form that requires future residents “to show they are free from any conditions that would render them inadmissible under the health-related grounds.” The requirement allows for exemption for medical and religious reasons . Also children are exempted from the order.
Specific content can be found here:
https://www.bloomberg.com/news/articles/2021-09-17/biden-signs-executive-order-authorizing-ethiopia-sanctions
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September 21, 2021
The number of migrants waiting for processing under the international bridge in Del Rio increased from close to 2,000 during last weekend to more than 8,000 on Thursday. According to the Val Verde Border Humanitarian Coalition, most of the migrants are from Haiti, Venezuela and Cuba. The coalition usually assists released migrants with lodging, food, and transportation. However, despite criticism from a Republican congressmember about the growth, the coalition president said they have not seen an increase in the number of migrants they help.
Specific content can be found here:
https://www.borderreport.com/hot-topics/immigration/8000-migrants-await-processing-under-international-bridge-in-del-rio-texas/
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September 23, 2021
A new announcement from DOJ stating that all non-U.S. citizens can request new or replacement Social Security cards using USCIS Forms I765 or I-485, instead of visiting a local Social Security Administration office. Cards should be received within two weeks after receiving Employment Authorization Documents. The notice indicates that in the future, individuals applying for U.S. citizenship will be able to request a new or replacement Social Security card through the application for citizenship (N-400).
Specific content can be found here:
https://www.aila.org/infonet/doj-announces-non-us-citizens-can-request-social
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September 23, 2021
On Tuesday, although DHS Secretary Mayorkas said the U.S. border is closed, he was unable to give an estimated number on how many of the 1.3 million undocumented immigrants apprehended at the border this year are being held, were deported, or released in the US. Senator Ron Johnson (R-WI) referred to a letter sent to the Senate’s leaders by former CBP Chief Rodney Scott that blasted the Biden administration for its lack of enforcement of the immigration policies. He went on to accuse the administration of putting out “factually incorrect information.”
Specific content can be found here:
https://nypost.com/2021/09/21/dhs-chief-cant-give-ballpark-estimate-on-illegal-immigration-numbers/
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September 23, 2021
It was confirmed on Monday from State Department that the Biden administration is planning to raise the refugee cap for the fiscal year 2022 to 125,000, in line with the goal President Joe Biden set. Biden previously conceded that his goal of 125,000 refugee admissions within the first fiscal year of his presidency “will still be hard to hit,” but the expected ceiling indicates how many refugees may be admitted to the U.S. in the coming fiscal year. Earlier this year, the Biden administration went back and forth on raising the ceiling for the fiscal year 2021, and after blowback, raised it to 62,500 people. However, from October through August, only 7,637 refugees were admitted to the US, according to the Refugee Processing Center.
Specific content can be found here:
https://www.cnn.com/2021/09/20/politics/refugee-cap/index.html
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September 23, 2021
Rand Paul (R-KY) has teamed up with Sen. Alex Padilla (D-CA) on an immigration reform bill to grant citizenship for ” Documented Dreamers,” children of long-term visa holders who have waited for years for a green card. The “America’s Children Act,” introduced last week by Paul and Padilla, would aim to help the Documented Dreamers, who face deportation if they age out of dependent status at 21 without a green card or another immigration status. The bill would create a “pathway to permanent residency for individuals who were brought to the United States as dependent children of workers admitted under approved employer petitions, have maintained status in the United States for 10 years (including four years as a dependent) and have graduated from an institution of higher education.”
Specific content can be found here:
https://www.usatoday.com/story/news/politics/2021/09/19/rand-paul-alex-padilla-documented-dreamers-immigration-reform-bill/8410795002/
Immigration Law, citizenship, green card
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September 24, 2021
Early this week, on the street of Washington D.C. Immigration advocates and immigrants, tried pushing Congress to include a path to citizenship for undocumented immigrants in the budget reconciliation package. Thousands of advocates marched from Benjamin Banneker Park toward the U.S. Capitol, with a stop at ICE headquarters. The march, called “Welcome Back Congress — March for Citizenship, Care, and Climate,” was organized by CASA, a Latino and immigrant organization. CASA said that about 10,000 people attended.
Specific content can be found here:
https://www.washingtonpost.com/dc-md-va/2021/09/21/dc-immigration-reform-protests-capitol/
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September 30, 2021
On Sunday in Del Rio, TX about 4000 migrants were captured by Customs and Border Patrol, said DHS Secretary Mayorkas. Furthermore, migrants have been expelled under public health rule, Title 42, and between 10,000 and 12,000 migrants were released into the U.S. Mayorkas noted that the policy is “not an immigration policy,” but rather “is exercised as the CDC…has ordered, in light of the arc of the pandemic.” DHS conducted five repatriation flights on Saturday, all from Del Rio to Haiti.
Specific content can be found here:
https://www.cnn.com/2021/09/26/politics/alejandro-mayorkas-del-rio-migrants-cnntv/index.html
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September 30, 2021
On Tuesday, the Biden administration proposed a rule that would solidify the DACA program. In July 2021, DACA was previously enjoined by a Texas court, putting an estimated one million people at risk of removal. DHS wrote that the rule “embraces the consistent judgment that has been maintained by the Department…that DACA recipients should not be a priority for removal.” The proposal from Biden is not an expansion of the program, which provides work authorization and deferral from deportation for its recipients.
Specific content can be found here:
https://thehill.com/latino/574245-white-house-moves-to-reinstate-daca
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September 30, 2021
Panamanian government officials have reported that approximately 4,000 migrants are traveling to the U.S. after having passed through Panama on the Colombian border. An anonymous source from Panama’s security ministry said that the majority of the migrants are Haitian, with the rest originating mostly from Cuba. Last month, Colombia and Panama decided to allow 500 migrants a day to pass through their borders, far fewer than the nearly 1,500 arrivals seen daily. In total, over 80,000 migrants have passed through Panama this year.
Specific content can be found here:
Read MoreThousands of Haitian migrants again moving toward US: report
September 30, 2021
On Saturday, at Independence Hall in Philadelphia about 100 activists gathered to protest plans to reopen a Berks County immigrant detention facility, which had previously held immigrant families. Last month, Berks County commissioners voted to allow ICE to use the detention center to detain women seeking asylum. Advocates had previously criticized the facility’s conditions, and argued asylum seekers should be released to live with family members or sponsors in the community.
Specific content can be found here:
https://www.inquirer.com/news/berks-detention-center-immigration-rally-philadelphia-20210925.html
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September 30, 2021
Late last week, California eliminated from state law the use of the word “alien”, an immigration term used to describe unauthorized immigrants of foreign-born individuals living in the U.S. On Friday, Governor Gavin Newsom signed the bill, which was written by CA Assemblywoman Luz Rivas. Rivas was inspired by President Biden’s immigration plan to remove the term from federal law in favor of the word “noncitizen.” The bill suggests replacing “alien” with words like “resident,” “person,” “undocumented immigrant” or “a person who is not a citizen or national of the United States.”
Specific content can be found here:
https://www.sacbee.com/news/politics-government/capitol-alert/article254079118.html
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October 4, 2021
The Secretary of Homeland Security Alejandro N. Mayorkas announced new Guidelines for the Enforcement of Civil Immigration Law to better focus the Department’s resources on the apprehension and removal of noncitizens who are a threat to the country’s national security, public safety, and border security and advance the interests of justice by ensuring a case-by-case assessment of whether an individual poses a threat. In the last six months, Secretary Mayorkas held multiple engagements with the U.S. Immigration and Customs Enforcement (ICE) workforce and leadership across the country, as well as with a range of collaborators including law enforcement, civic, and community leaders to inform the new guidance.
“For the first time, our guidelines will, in the pursuit of public safety, require an assessment of the individual and take into account the totality of the facts and circumstances,” said Secretary Mayorkas. “In exercising this discretion, we are guided by the knowledge that there are individuals in our country who have been here for generations and contributed to our country’s well-being, including those who have been on the frontline in the battle against COVID, lead congregations of faith, and teach our children. As we strive to provide them with a path to status, we will not work in conflict by spending resources seeking to remove those who do not pose a threat and, in fact, make our Nation stronger.”
The enforcement priorities for apprehension and removal remain focused on noncitizens who are a threat to our national security, public safety, and border security. But the guidelines are a break from a categorical approach to enforcement. They require an assessment of the individual and the totality of the facts and circumstances to ensure resources are focused most effectively on those who would pose a threat.
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October 4, 2021
In response to the coronavirus, COVID-19 pandemic, the U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain issues such as:
Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind;
Notices of Intent to Terminate regional centers; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if the following conditions are met:
The form was filed up to 60 calendar days from the issuance of a decision we made; and
if the USCIS made that decision anytime from March 1, 2020, through Jan. 15, 2022.
This flexibility applies to the above documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and Jan. 15, 2022, inclusive.
USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, the agency will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.
Please visit uscis.gov/coronavirus for USCIS updates.
October 7, 2021
After having their previous immigration reform plan rejected, Senate Democrats are presenting a different immigration reform plan to the Senate parliamentarian. The parliamentarian decides whether something complies with the strict rules governing what can be included in the federal spending bill. On Tuesday, Sen. Durbin confirmed that part of their pitch is to change the registry date for certain undocumented immigrants and beneficiaries of humanitarian parole programs. According to Durbin, a legal memo and Congressional Budget Office score was presented with the new plan.
Specific content can be found here:
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October 7, 2021
Greyhound Lines, the country’s largest bus company, will no longer allow immigration agents to conduct warrantless sweeps on their buses and in their bus stations in Washington state. The lawsuit, settled with Washington state, means the company will also have to pay $2.2 million in legal fees and restitution. The settlement forced Greyhound to “cover the state’s legal fees and pay restitution to passengers who were detained, arrested, or deported after immigration agents boarded their bus.”
Specific content can be found here:
https://www.nbcnews.com/politics/immigration/greyhound-will-no-longer-allow-warrantless-immigration-sweeps-its-buses-n1280251
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October 7, 2021
Gov. DeSantis on Tuesday announced a new lawsuit against the Biden administration over its “catch and release” immigration policy. The lawsuit claims that, under the “catch and release” policy, migrants who are “illegally released” by the Biden administration are “arriving or will arrive in Florida, harming the State’s quasi-sovereign interests and forcing it to incur millions of dollars in expenses.” DHS, ICE, and CBP are among the agencies named in the complaint.
Specific content can be found here:
https://www.cnn.com/2021/09/28/politics/florida-lawsuit-biden-administration-immigration/index.html
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October 7, 2021
Starting no later than December 1, 2021, DHS designated Croatia as a new participant in the Visa Waiver Program (VWP). Citizens and nationals of Croatia will be able to apply to travel to the U.S. for tourism or business for up to 90 days without a U.S. visa. DHS describes the VWP as a “comprehensive security partnership between the United States and designated countries that facilitates international travel to the United States for business or tourism without a visa for up to 90 days while protecting national security.”
Specific information can be found here:
https://www.aila.org/infonet/dhs-designates-croatia-as-new-participant-visa
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October 7, 2021
On Tuesday, the Executive Office for Immigration Review (EOIR) announced its new “Access EOIR initiative, a program which the agency says aims to increase access to information and raise the level of representation for individuals appearing before the immigration courts. The new program also included the new Counsel for Children Initiative (CCI). The CCI works to provide legal representation to certain unaccompanied children who are in immigration proceedings.
Specific content can be found here:
https://www.justice.gov/eoir/pr/eoir-announces-access-eoir-initiative
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October 29, 2021
USCIS reached a settlement agreement in the case of MadKudu Inc., et al. v. U.S. Citizenship and Immigration Services, et al., No. 20-cv-2653 (N.D. Cal.)
On October 19, 2021, the U.S. District Court, Northern District of California, San Jose Division, granted final approval of the settlement agreement. This agreement outlines new guidance for adjudicating pending or future H-1B petitions for market research analysts. The agreement allows class members to submit a Form I-290B, Notice of Appeal or Motion, to request that certain denied Forms I-129, Petition for a Nonimmigrant Worker, seeking H-1B classification for a market research analyst be reopened and adjudicated per the terms of the settlement agreement. No fee will be charged for such a request. Class members can submit a form I-290B until April 26, 2022.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/directions-for-class-members-filing-motions-to-reopen-pursuant-to-settlement-agreement-in-h-1b
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November 9, 2021
The Department of Homeland Security ( DHS ) announced, that Afghan nationals who were paroled into the United States for humanitarian reasons on or after July 30, 2021, will be exempt from filing fees and streamline application processing. These actions will help facilitate their resettlement in the U.S. by streamlining the processing of requests for work authorization, Green Cards, and associated services. DHS is the lead federal agency coordinating Operation Allies Welcome, the ongoing all-of-government effort to resettle vulnerable Afghans, including those who worked on behalf of the United States.
Specific content can be found here:
https://www.uscis.gov/newsroom/news-releases/dhs-announces-fee-exemptions-streamlined-processing-for-afghan-nationals-as-they-resettle-in-the-us
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November 12, 2021
The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), has announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. The listing of the eligible countries will be published in the Federal Register on Nov. 10, 2021.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/dhs-announces-countries-eligible-for-h-2a-and-h-2b-visa-programs
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November 16, 2021
The Department of Homeland Security (DHS) announced that it will exempt filing fees and streamline application processing for Afghan nationals who were paroled into the United States for humanitarian reasons on or after July 30, 2021. These actions will help facilitate their resettlement in the U.S. by streamlining the processing of requests for work authorization, Green Cards, and associated services. DHS is the lead federal agency coordinating Operation Allies Welcome, the ongoing all-of-government effort to resettle vulnerable Afghans, including those who worked on behalf of the United States.
Specific content can be found here:
https://www.uscis.gov/newsroom/news-releases/dhs-announces-fee-exemptions-streamlined-processing-for-afghan-nationals-as-they-resettle-in-the-us
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November 18, 2021
On Tuesday, The Department of Homeland Security has stopped the practice of releasing migrants in the United States only with paperwork that tells them to report to an Immigration and Customs Enforcement office.
Specific content can be found here:
https://www.cnn.com/2021/11/16/politics/dhs-migrants-paperwork-ice-notice-to-appear/index.html
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November 19, 2021
Immigration advocates are pushing Democrats for a better deal in a bill heading for a vote for the millions of people living in the U.S. without legal immigration status. Immigration advocates held a call Monday, hours before President Joe Biden signed a key part of his legislative agenda, a massive infrastructure bill that includes funding for roads, bridges, rails, and other construction. Another awaiting action that is part of Biden’s Build Back Better agenda, is the social safety net and climate spending bill.
Specific content can be found here:
https://www.nbcnews.com/news/latino/advocates-democrats-build-back-better-giving-undocumented-green-cards-rcna5602
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November 23, 2021
USCIS mistakenly rejected certain applications for employment authorization ( Form I-765, Application for Employment Authorization ) from petitioners for U nonimmigrant status that were filed without a fee or request for a fee waiver from June 14 through Sept. 29, 2021. USCIS also mistakenly accepted fees where certain petitioners for U nonimmigrant status unnecessarily submitted a fee with their Form I-765. USCIS is tracking this issue and is committed to correcting errors and expects to issue refunds by March 22, 2022.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/certain-petitioners-for-u-nonimmigrant-status-may-receive-a-refund-for-applications-for-employment
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November 23, 2021
On November 19, The United States Citizenship and Immigration Services (USCIS) held a lottery to select from among previously submitted electronic registrations. The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China. “We recently determined that we needed to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption,” with US agency said.
Specific content can be found here:
https://www.livemint.com/news/india/h1b-visa-uscis-holds-third-lottery-this-year-11637558427434.html
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November 23, 2021
There is good news if you are the spouse of an L-1 or H-1B visa holder. U.S. Citizenship and Immigration Services (USCIS) exacerbated the wait for employment-based green cards by causing long processing delays for work authorization, resulting in the spouses of many high-skilled foreign nationals stopping work and losing their jobs. USCIS brings a new legal settlement that is a relief to many of these spouses, although continued litigation is needed for additional changes.
“Once implemented by the agency, L-2 spouses will no longer have to apply for work authorization and need an EAD (Employment Authorization Document) as proof in order to work in the United States,” said Jesse Bless, director of litigation at the American Immigration Lawyers Association (AILA), in an interview. “For H-4 spouses who have lawful status and merely need to renew their employment authorization, they will now enjoy an automatic extension of their authorization for 180 days after expiration should the agency fail to process their timely-filed applications.”
Specific content can be found here:
https://www.forbes.com/sites/stuartanderson/2021/11/11/uscis-settlement-is-good-news-for-l-1-and-h-1b-visa-spouses/?sh=5997ccc164ea
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December 2, 2021
From November 29th, all TPS applicants may file Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, online. Before, the option to file Form I-821 online was only available to initial TPS applicants from certain countries. First-time TPS applicants and TPS beneficiaries that are re-registering can apply online. To request an Employment Authorization Document, applicants must submit a completed Form I-765 with their Form I-821 or may submit Form I-765 separately. USCIS now offers the online filing option for all TPS applicants to continue making the process of applying for immigration benefits more effective.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/all-temporary-protected-status-tps-applicants-may-now-file-forms-i-821-and-i-765-online
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December 2, 2021
Thousands of migrants left the southern Mexican city of Tapachula and headed northbound. The migrants walked about 30 miles from Tapachula to Mapastepec until one of the caravan’s organizers made a deal with the Mexican government. Mexico’s National Migration Institute stated that authorities and the migrants reached an agreement for resettlement. Mexico offered the migrants humanitarian visas and housing in shelters run by Mexico’s social welfare institute, as long as they remain in the states in which they are resettled. The migrants agreed to stay in central and southern Mexico, away from the borders.
Specific content can be found here:
Read MoreMigrants in US-bound caravan say they’ll accept deal for Mexican visas
December 2, 2021
Lawmakers in at least seven states have considered no longer using the terms “alien and “illegal” in states statutes. So far, only California and Colorado have made the change. These states will no longer use the term “alien” in state contracts and official documents, instead they will say “workers without authorization.” The motivation behind the change in terminology is that words such as “illegal” can be perceived as dehumanizing.
Specific content can be found here:
Read MoreAmid immigration debate, Colorado, California update migrant term
December 2, 2021
Many young adults fear the day they turn 21 because they will no longer be protected by the immigration laws that once allowed them to immigrate legally to the U.S. as children. Due to the green card backlog, many immigrants from India that came to the U.S. as children are still waiting for their family’s turn by the time they turn 21. The adult visa holders’ children are no longer considered dependents, and they must find their own way to remain legally in the U.S. Families that came to the U.S. on temporary work visas and are not eligible to become permanent residents.
Specific content can be found here:
https://edition.cnn.com/2021/11/27/us/documented-dreamers/index.html?utm_term=link&utm_medium=social&utm_source=twCNN&utm_content=2021-11-27T131603
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December 9, 2021
According to a new study from Hope Border Institute, the pandemic has caused poverty and gang violence in Central and South America. The U.S. has seen an increase in migration due to these factors. Most migrants are dealing with economic and social effects from the pandemic, specifically gang extortion, strict enforcement of quarantine restrictions, and economic hardships that have not been addressed by their local government. The organization conducted this study over the summer as part of a program that seeks to implement policies to address migrant needs.
Specific content can be found here:
COVID-19 compounding root causes for mass migration to US: research
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December 9, 2021
This year, the number of immigrants in the U.S. with H1-B visas has dramatically dropped due to travel and visa restrictions. The H-1B visa program covers foreign engineering and mathematics workers. The program allows U.S. employers to hire high-skilled foreign workers for jobs such as engineering and coding. The number of workers with H-1B visas dropped by 12.6% in the fiscal year ending in September 2021, as compared to the previous year. The drop was mainly due to a significant backlog in visa processing during lockdowns and stricter immigration policies that stemmed from the pandemic.
Specific content can be found here:
https://www.bloomberg.com/news/articles/2021-11-30/high-skilled-foreign-workers-with-h1-b-visas-drop-most-in-decade
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December 9, 2021
USCIS announced it will extend parole and employment authorization for parolees who timely applied for Commonwealth of the Northern Mariana Islands (CNMI) long-term resident status. This extension specifically applies to parolees who timely filed Form I-955 and Form I-765, and whose applications will remain pending on December 30, 2021. USCIS will automatically extend their parole without interruption through June 30, 2022. The CNMI long-term resident status was created by the Northern Mariana Islands Long-Term Legal Residents Relief Act. It gives the DHS discretion to authorize parole, with work authorization, for these individuals during the period needed to implement the new law.
Specific content can be found here:
USCIS Extends Transitional Parole for CNMI Long-Term Resident Status Applicants | USCIS
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December 9, 2021
President Biden was urged by US immigration judges to restore union rights taken away from them under the Trump administration. The head of the federal immigration judges’ union accused the Biden administration of “doubling down” on its predecessor’s efforts to strip US immigration judges of union rights. Currently, the association struggles with a backlog of almost 1.5 million court cases and staff shortages. The union remains shut out and silenced without a date set to hear its case attempting to restore its official union status. As a result, the immigration courts are short-staffed making it harder for judges to be fully prepared for hearings.
Specific content can be found here:
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December 9, 2021
DOJ and Microsoft reached a settlement over immigration-related discrimination. There were allegations that the company discriminated against non-US citizens based on their citizenship status during the early stages of the hiring process. Microsoft must now adjust its hiring process to ensure it no longer unlawfully requires non-US citizen applicants to provide specific immigration documents to prove they do not require sponsorship for a work visa. Employers are required to verify if a worker has permission to work in the US but prohibit them from asking for documents when not required. The DOJ stated they hope this settlement will inspire other employers to ensure their own practices and policies are not discriminatory.
Specific content can be found here:
https://www.marketwatch.com/story/doj-microsoft-reach-immigration-related-discrimination-claims-settlement-271638917497
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December 10, 2021
The Biden administration announced a plan to restart the “Remain in Mexico” program following a court order to reimplement the policy first launched under the Trump administration. After weeks of negotiations with Mexico over how to reimplement the program, it will largely be the same as it was under the Trump administration. Asylum-seekers will be forbidden from entering the US and will be forced to wait in Mexico until their cases are heard in immigration court. Mexico stressed humanitarian concerns regarding the reinstatement of this program. CBP agents agreed to proactively ask migrants whether they fear returning to Mexico rather than wait for migrants to raise the issue.
Specific content can be found here:
https://thehill.com/homenews/administration/583986-us-to-restart-remain-in-mexico-program-following-court-order
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December 10, 2021
Form I854A will be used by Law enforcement to request a noncitizen witness or informant to receive classification as an S nonimmigrant. Form I-854B will be used by law enforcement agencies to request a noncitizen in S nonimmigrant status to be permitted to apply for an adjustment of status to a lawful permanent resident under section 245(j) of the Immigration and Nationality Act.
Specific content can be found here:
https://www.politico.com/news/2021/12/04/immigration-system-labor-squeeze-523744
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December 10, 2021
The nation is facing a labor shortage because millions of foreign workers are facing processing delays. At the end of June, there were more than 1.3 million employment authorization applications pending before USCIS. Further, 1.5 million immigrants are waiting for employment-based green cards, yet only 140,000 are available each year. Experts say the problem is from arbitrary caps on employment-based immigration, along with agency-wide delays in processing immigration documents. The decline in immigration, along with an extra 1.7 million Americans retiring during the pandemic, could dramatically stunt the growth of the country’s labor force and overall economic productivity.
Specific content can be found here:
https://www.politico.com/news/2021/12/04/immigration-system-labor-squeeze-523744
Sponsorship-Affidavit, Immigration Law
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December 14, 2021
USCIS is temporarily waiving the requirement that a civil surgeon sign Form I-693, no more than 60 days before an applicant filed an application for the underlying immigration benefit. This rule will be waived until September 30, 2022, and it will be beneficial for applicants who have been affected by COVID-19 and related processing delays. Also, many applicants will benefit from the temporary waiver, including Afghan refugees evacuated under Operation Allies Welcome who have completed immigration medical examinations but were unable to apply for adjustment of status within 60 days of the completed evaluation.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-temporarily-waiving-60-day-rule-for-civil-surgeon-signatures
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December 14, 2021
USCIS is reversing a November 2020 policy memorandum requiring interviews of all petitioners filing Form I-730 Refugee/Asylee Relative Petition. USCIS will revert to its prior practice of making case-by-case determinations on whether to interview Form 1-730 petitioners. The policy memorandum requiring in-person interviews imposed significant burdens on refugee and asylee populations. USCIS can still perform efficient fraud and security screenings without the blanket interview policy. USCIS will continue to reserve its authority to interview any petitioner where USCIS determines there is a need to do so.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-reverts-to-previous-criteria-for-interviewing-petitioners-requesting-derivative-refugee-and
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December 14, 2021
A national group of utility companies stopped sharing data it collects on millions of Americans with ICE. Previously, Private data from The National Consumer Telecom & Utilities Exchange would give sensitive information from cable, phone, and power bills to Equifax, which then sold the data to databases used by government agencies, including ICE. The private data included names, addresses, and social security numbers of American citizens. Senator Ron Wyden has pushed to end the sale of the data.
Specific content can be found here:
https://thehill.com/policy/technology/584944-major-utilities-agree-to-stop-sharing-data-with-ice
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December 14, 2021
Senate Democrats are considering how to potentially adverse ruling by the parliamentarian on whether they can include an immigration policy in their social spending and climate bill. Senate Parliamentarian Elizabeth MacDonough is expected to rule shortly on whether Democrats’ third immigration proposal conforms with Senate rules required to pass the package. This immigration proposal would provide work permits and deportation protection to immigrants in the country illegally. Senate Majority Whip Richard J. Durbin stated he would support overruling the parliamentarian if she rules against their latest immigration proposal. Disregarding the parliamentarian’s decision would require the support of all 48 Senate Democrats and two independents who caucus with them.
Specific content can be found here:
https://www.latimes.com/politics/story/2021-12-08/democrats-weigh-overturn-parliamentarian-immigration?_amp=true
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December 17, 2021
Due to the pandemic, the US has been faced with a major backlog in visa issuances due to the pandemic. The US Department of State announced it will temporarily waive the interview requirement for about 50,000 immigrant visa applicants. The waiver will be in effect until December 13, 2022. The interview being waived previously required personal appearance and an in-person oath, commonly known as a consular interview. The waiver is designed to help applicants who are unable to travel due to the pandemic yet must still meet specific time-limited criteria.
Specific content can be found here:
https://www.miamiherald.com/news/local/immigration/article256587011.html
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December 17, 2021
There have been thousands of migrants entering the state from the U.S.-Mexico border. Facilities in the state are overwhelmed. At the break along the U.S.-Mexico border wall, migrants have been crossing and congregating, waiting to be picked up by Border Patrol agents. Unlike previous migrant surges, many of these people are middle-class families leaving the economic and political instability in Latin America. The pandemic has led to conditions worsening in Central and South America, causing many people to leave.
Specific content can be found here:
https://www.cnn.com/2021/12/15/politics/yuma-arizona-migrants/index.html
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December 17, 2021
In 2017, Yadira Hernández Pérez created UCLA’s Undocumented Alumni Association to help other undocumented graduates navigate the challenges they face while adapting to life after college. The association hosts networking events for undocumented alumni and offers guidance on legal issues such as visa status or securing a job without a work permit. Recently, the association is working on mentorship programs between alumni and current UCLA students. Hernández Pérez stated that within the next five years, the association aims to expand its membership and receive endowments to generate scholarships for undocumented students.
Specific content can be found here:
https://www.insidehighered.com/news/2021/12/13/undocumented-alumni-form-support-groups
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December 21, 2021
Immigration advocates and lawmakers are trying to extend the Liberian Refugee Immigration Fairness (LRIF) provision. LRIF was passed in 2019 and was meant to provide Liberians who fled conflict between the 1990s and 2000s with permanent residency and protection from deportation. The deadline to apply for the program is December 20th, yet many eligible people have not applied. Supporters lobbied this month to get an extension for the provision included in President Biden’s spending bill. Lawmakers have moved forward without including it, leaving advocates scrambling for other options.
Specific content can be found here:
https://www.axios.com/local/twin-cities/2021/12/14/liberian-citizenship-lrif-application-deadline-minnesota
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December 21, 2021
The US Supreme Court declined to review a federal appeals court decision rejecting the allegation that DHS unlawfully ignored the environmental impacts of the Deferred Action for Childhood Arrivals (DACA) program and other immigration policies. In 2016, Californians for Population Stabilization (CAPS) and others requested the Supreme Court to hear their appeal a Ninth Circuit ruling that rejected their allegations that DHS violated the National Environmental Policy Act. The Ninth Circuit held that the plaintiffs lacked legal standing to bring the claims.
Specific content can be found here:
https://www.reuters.com/legal/government/environmental-challenge-daca-immigration-wont-get-high-court-review-2021-12-13/
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December 21, 2021
The Department of Homeland Security (DHS) and The Department of Labor (DOL) will make available an additional 20,000 H-2B temporary nonagricultural worker visas for the fiscal year of 2022. Before March 31, 2022, these visas will be used for US employers seeking to hire additional workers. The H-2B program allows US employers to temporarily hire noncitizens to perform nonagricultural labor or services. This H-2B visa allocation consists of 13,500 visas for returning workers who received an H-2B visa during one of the last three fiscal years. The remaining 6,500 visas will be set aside for nationals of Haiti, Honduras, Guatemala, and El Salvador.
Specific content can be found here:
https://www.uscis.gov/newsroom/news-releases/for-first-time-dhs-to-supplement-h-2b-cap-with-additional-visas-in-first-half-of-fiscal-year
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December 21, 2021
The Biden administration is considering increasing the wages companies must pay H-1B employees, which could reduce the motivation for companies to hire foreign workers. Many pro-labor groups believe that the H-1B program helps large companies such as Google and Facebook at the expense of American workers while immigration advocates oppose measures to rein it in, saying that doing so will hurt American competitiveness by narrowing access to high-skilled talent. H-1B reform could change the landscape of business and immigration in the US. Currently, there are about 600,000 workers in the US that are H-1B visa holders, a vast majority from China and India.
Specific content can be found here:
https://www.politico.com/news/magazine/2021/12/19/biden-h-1b-visa-conundrum-524254
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December 23, 2021
According to recent USCIS data, thousands of vulnerable young people that have already been granted SIJS must wait up to five years before receiving their green card due to a backlog. SIJS was created in 1990 to protect children and young people, up to the age of 21, who have been “abused, abandoned, or neglected.” In order to qualify, applicants must first obtain a juvenile court order determining they have experienced abandonment or were abused or neglected by a parent and that returning to their home country is not in their best interest. Since the period between being granted SIJS and getting their green card can take up to five years, children are facing extreme risk of homelessness, exploitation, and deportation.
Specific content can be found here:
https://time.com/6128025/abused-immigrant-kids-sijs-backlog/
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December 23, 2021
The DOJ has broken off negotiations to pay monetary damages to families that were separated at the border during the Trump administration. In early 2020, negotiations began aiming to settle claims brought by migrant families that were separated under the “zero tolerance” policy. Last Thursday, government officials abruptly stopped talks of settlement and did not explain why they were no longer negotiating with the families. The Trump administration separated more than 5,000 families who crossed into the US without visas. Adults were prosecuted for illegal entry while children could not be imprisoned with adults, resulting in the children being separated and taken into other federal facilities.
Specific content can be found here:
https://www.npr.org/2021/12/16/1065044185/justice-department-breaks-off-talks-on-compensation-for-separated-families
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December 23, 2021
Democrats’ third plan was rejected by senate parliamentarian Elizabeth MacDonough for including immigration reform in the Build Back Better bill. MacDonough stated that the proposed plan does not meet the rules for what can be included in a budget bypassing the Senate’s filibuster. The proposed plan would have granted 6.5 million foreign nationals a temporary parole status that would give them five-year work and travel permits. The ruling is not binding and resulted in Democrats trying to sidestep the parliamentarian’s guidance. Some Democrats are trying to formally overrule MacDonough but that would require 50 votes and would fall on Senator Joe Manchin who has been pushing back on the bill.
Specific content can be found here:
https://thehill.com/homenews/senate/586240-senate-parliamentarian-rejects-democrats-third-immigration-offer
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December 23, 2021
Trump administration cuts and the pandemic has caused the US economy a shortage of more than 11 million immigrant workers. Employers in the US are struggling to fill open job positions. Fields such as foodservice and healthcare are suffering from this shortage because they depend heavily on immigrant workers, which both have more than 1 million open jobs. Without being able to have these key workers, the whole industry slows down, resulting in the whole economy slowing down.
Specific content can be found here:
https://www.npr.org/2021/12/21/1066562603/the-u-s-economy-is-slowing-as-fewer-immigrant-workers-come-to-fill-jobs
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January 3, 2022
Federal agents with Homeland Security Investigations want to break away from their parent agency, US Immigration and Customs Enforcement (ICE), because of the stigma that is undermining their investigations. The agents say they face a backlash in liberal “sanctuary” jurisdictions where authorities limit contact with ICE but also in some Republican-led states where politicians support the agency. The agents are trying to convince DHS Secretary Alejandro Mayorkas that they should leave ICE because ICE’s immigration role is endangering their personal safety, stifling their partnerships with other agencies, and scaring away crime victims.
Specific content can be found here:
https://www.washingtonpost.com/national-security/hsi-ice-split/2021/12/28/85dc6c66-61ad-11ec-8ce3-9454d0b46d42_story.html
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January 3, 2022
From January to November of 2021, Mexican authorities detained 252,256 migrants, breaking the country’s yearly record for migrant detentions. Mexico’s released these statistics which show a 206 percent increase from the 82,379 migrants detained in 2020. The detention numbers from 2020 are an outlier because the coronavirus pandemic slowed regional migration. Still, the 2021 detention statistics show the largest number of migrant detentions since 2001, which was the first year Mexican migrant statistics became available.
Specific content can be found here:
https://thehill.com/latino/587522-mexico-detained-more-than-250000-migrants-in-2021
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January 3, 2022
Humanitarian groups continue watching over the current border crisis, specifically the Biden administration’s reimplementation of Migrant Protection Protocols (MPP). A Central American woman shared her story of kidnapping, attempted extortion, and an escape while trying to cross the US-Mexico border. Stories such as this have humanitarians concerned about the safety of migrants. Jesuit Society member Rev. Louie Hotop stated “Both administrations have failed to address the real problem that is right in front of us. This huge humanitarian crisis.”
Specific content can be found here:
https://spectrumlocalnews.com/tx/south-texas-el-paso/news/2021/12/27/-remain-in-mexico–means-remain-in-danger-for-asylum-seekers-
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January 3, 2022
On Monday, US passport fees rose by $20 and this increase applies to all US passports, including renewals. The State Department said the price increase “is necessary to ensure we continue to produce one of the most secure travel and identity documents in the world.” The cost of a first-time adult passport book now costs $165 and the price to renew an adult passport is now $135. Along with increased passport fees, pandemic-era travelers reported other issues such as new variants disrupting the travel industry. Since Christmas Eve, more than 2,000 flights have been canceled due to crew shortages from the spike in covid-19 cases.
Specific content can be found here:
https://abcnews.go.com/International/applying-us-passport-now-expensive/story?id=81954861
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January 3, 2022
On Wednesday, the Biden administration asked the Supreme Court for permission to end the Trump-era “Remain in Mexico” program. The program states that migrants must stay in Mexico until their US immigration court dates. Under the Trump administration, “Remain in Mexico,” formally called the Migrant Protection Protocols, resulted in people living in makeshift camps along Mexico’s northern border, in poor and dangerous conditions. The filing requests that the Supreme Court review the case this term, arguing that the appeals court ruling threatens to disrupt other cases covering government policies on issues like immigration detention.
Specific content can be found here:
https://www.cnn.com/2021/12/30/politics/remain-in-mexico-policy-supreme-court-biden-administration/index.html
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January 4, 2022
The Biden administration’s regulatory agenda for 2022 includes several H-1B rules. DHS plans to publish a regulation on “Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program.” In 2022, there are at least three fee rules expected. A USCIS “fee schedule” rule will likely result in the agency raising various fees. A second rule would implement legislation allowing USCIS to offer premium processing for Form I-539 to change or extend status. The State Department has proposed a rule to increase fees for workers, travelers, international students, and exchange visitors for this year.
Specific content can be found here:
https://www.forbes.com/sites/stuartanderson/2022/01/03/the-outlook-on-h-1b-visas-and-immigration-in-2022/?sh=1fcce802365f
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January 4, 2022
On December 13, 2021, the 5th Circuit Court of Appeals ruled that the federal government is legally required to return migrants to Mexico. After the reimplementation of the Trump-era Migrant Protection Protocols (MPP), known as “Remain in Mexico” program, the Justice Department urged the Supreme Court to reconsider the lower court rulings. Lawyers for the administration argued that the federal appeals court that upheld a Texas federal district judge’s ruling had offered “novel and erroneous interpretations” of immigration and administrative laws in requiring the MPP policy to be revived.
Specific content can be found here:
https://www.rollcall.com/2021/12/30/high-court-asked-to-review-remain-in-mexico-termination/
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January 4, 2022
For the fiscal year of 2021, the USCIS agency saw the green card backlog continue to grow. For FY2021, roughly 69% of the 8.84 million immigration applications that were submitted to USCIS were approved, while roughly 808,000 were denied. Although the agency completed nearly 80% of the cases received in FY2021, the processing backlog at the agency grew to more than 8 million pending cases at the end of FY2021. The federal government failed to issue up to 230,000 green cards that were available for FY2021 for immigrants sponsored by US employers or family members.
Specific content can be found here:
https://www.boundless.com/blog/uscis-wastes-200k-green-cards-backlog-triples/
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January 4, 2022
USCIS announced Form I-508 will be used to waive certain diplomatic rights, privileges, exemptions, and immunities associated with occupational status for non-US citizens working for a foreign government mission or international organization and are employed in an occupational status that would entitle you to A, G, or E nonimmigrant status. Applicants must also be either lawful permanent residents or seeking adjustment of status to that of a lawful permanent resident. This form complies with section 247(b) of the Immigration and Nationality Act.
Specific content can be found here:
https://www.uscis.gov/i-508
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January 4, 2022
From now on, Form I-881 will be used for noncitizens who are eligible to apply for suspension of deportation or special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA). The form may be used if you are a national of Guatemala and entered the US on or before Oct. 1, 1990, registered for ABC benefits, and filed an asylum application on or before April 1, 1990. The form may be used if you are a national of El Salvador and entered the US on or before Sept. 19, 1990, registered for ABC benefits, and filed for asylum on or before April 1, 1990. USCIS further listed other countries in which asylum applicants may be eligible to file this form.
Specific content can be found here:
https://www.uscis.gov/i-881
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January 4, 2022
In a decade, USCIS announced that the US H-1B visa for skilled workers has seen the highest approval rates. Between October 2020 and September 2021, the H-1B visa approval rate has reached 97.3 percent. USCIS received a total of 398,267 petitions for initial and continuing employment. The US government recently canceled a rule under the Trump administration which sought to replace the current lottery system of granting H-1B visas with a wage-based system. In September, the US District Court for the Northern District of California vacated the Trump-era rule, resulting in the Department of Homeland Security withdrawing the changes.
Specific content can be found here:
https://www.cnbctv18.com/information-technology/at-973h-1b-visa-approval-rate-highest-in-a-decade-report-11914042.htm
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January 6, 2022
Families who are searching for their missing loved ones that disappeared at the border while migrating to the US have been a target for criminal scammers. Scammers have been seizing photos and data from social networks and stalking families on WhatsApp and by phone. The scammers have been reporting to the families of alleged kidnappings of missing relatives, re-creating false proof of life, and requesting thousands of dollars for ransoms that will never happen.
Specific content can be found here:
https://www.nbcnews.com/news/latino/scammers-target-desperate-latino-families-whose-migrant-relatives-are-rcna10696
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January 6, 2022
For the first group of migrants, court hearings began enrolled in the reimplementation of the Migrant Protection Protocols (MPP), commonly referred to as “Remain in Mexico.” In December 2021, the Biden administration revived the Trump-era program under a court order, though it has continued to fight that ruling in court. The group consisted of 36 asylum-seekers who had their US immigration hearings in Texas on Monday. The group of migrants was sent back to Mexico to wait for decisions in their immigration cases.
Specific content can be found here:
https://www.rollcall.com/2022/01/03/court-hearings-begin-for-revived-remain-in-mexico-policy/
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January 6, 2022
COMAR, The Mexican Commission for Refugee Assistance stated that the number of migrants applying for refugee or asylum status in Mexico has doubled over the last two years. COMAR explained that in 2021, 131,448 people filed such applications in Mexico, an 87 percent increase compared to the 70,351 claims filed in 2019. Haitian refugees accounted for the biggest increase in the number of applications. The total number of migrant applications was lower in 2020 due to the COVID-19 pandemic, with only 41,000 applications that year.
Specific content can be found here:
https://thehill.com/policy/international/americas/588095-mexico-reports-refugee-asylum-claims-double-over-two-years
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January 11, 2022
There are about 19 lawsuits and hundreds of administrative complaints filed against the federal government by migrants who say their children were separated from them under the Trump administration. The plaintiffs are seeking financial compensation after enduring what was widely regarded as one of Trump’s harshest policies. In December the negotiations between the Biden administration and the families’ attorneys over a monetary settlement began. Some of the lawsuits are starting to resume in court this week.
Specific content can be found here:
https://www.washingtonpost.com/politics/biden-separated-families-migrants/2022/01/04/aba8e4ea-67ef-11ec-a76b-374aeb82e811_story.html
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January 11, 2022
USCIS is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors responding to certain agency requests. The extended flexibilities apply to certain documents listed by USCIS if the issuance date listed on the request, notice, or decision is between March 1, 2020, and March 26, 2022, inclusive. USCIS will also consider a Form I-290B or Form N-336 if the form was filled up to 90 calendar days from the issuance of a decision made and the decision was made between November 1, 2021, and March 26, 2022, inclusive.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-extends-flexibility-for-responding-to-agency-requests-0
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January 11, 2022
Form I-730 was announced by USCIS to be used for those admitted to the US as a principal refugee or if they were granted status in the US as a principal asylee within the previous two years. Form I-730 will be used to request follow-to-join benefits for a spouse and/or unmarried children under 21 years of age only. In some cases, USCIS may grant a waiver of the two-year filing deadline for humanitarian reasons.
Specific content can be found here:
https://www.uscis.gov/i-730
Asylum, Immigration Law, Refugees
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January 11, 2022
USCIS announced Form I-566 as part of the process to request various immigration benefits that may be available to an eligible dependent for an A, G, or NATO nonimmigrant requesting employment authorization; an A, G, or NATO nonimmigrant requesting a change to another nonimmigrant status; a nonimmigrant in another status who have been offered a position that requires reclassification as an A, G, or NATO nonimmigrant, and any dependents in another nonimmigrant status; or an A, G, or NATO nonimmigrant requesting an adjustment to lawful permanent resident status.
Specific content can be found here:
https://www.uscis.gov/i-566
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January 13, 2022
New York City Mayor Eric Adams allowed a noncitizen voting bill to become law. Over 800,000 noncitizens and “Dreamers” in NYC will be allowed to vote in municipal elections as soon as next year. Opponents aim to challenge the new law, yet unless a judge stops its implementation, NYC will be the first major city in the US to grant widespread municipal voting rights to non-citizens. In 2023 noncitizens would be allowed to vote. States such as Alabama, Arizona, Colorado, and Florida have adopted rules that would preempt any attempts to pass laws like this one in NYC.
Specific content can be found here:
https://www.nbcnews.com/politics/politics-news/new-york-city-mayor-eric-adams-allows-noncitizen-voting-bill-n1287225
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January 13, 2022
The Supreme Court was urged by the Biden administration lawyers to deny bond hearings and a chance to free immigrants being held for deportation after returning illegally to the US. The Justice Department asked the Supreme Court to overturn rulings by judges in California and Pennsylvania who held that such immigrants deserve a bond hearing if they are held longer than six months. These judges reasoned that detainees feared they would be subject to violence and torture if they were to be sent home. The Justice Department argues that immigrants in this category are to be held until they are deported.
Specific content can be found here:
https://www.latimes.com/politics/story/2022-01-11/biden-administration-urges-supreme-court-to-deny-bond-hearings-for-immigrants-facing-deportation
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January 13, 2022
USCIS is reminding the public that it offers immigration services to help those affected by natural disasters and other unforeseen circumstances. When making a request, applicants must explain how the impact of unforeseen circumstances has created a need for the requested relief. If the applicant has lost all forms of evidence in an unforeseen circumstance, then explain in the application and provide a copy of a police report, insurance claim, or another report, if available, to support your request.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/immigration-help-available-to-those-affected-by-natural-disasters-and-other-unforeseen-circumstances-0
January 13, 2022
The US Supreme Court is hearing two cases that could impact thousands of unauthorized immigrants currently detained in the US. The plaintiffs in both cases are arguing that immigrants held in detention for longer than six months are entitled to a bond hearing in which a judge would determine whether they should still be detained. The Justice Department disagrees, arguing that the immigration statute in question does not entitle immigrants to a hearing and that the lower courts do not have the authority to grant class-wide relief. The outcome of these hearings could have major implications for how future immigration claims will be litigated.
Specific content can be found here:
https://time.com/6137794/supreme-court-immigration-cases-detention-garland-v-gonzalez/
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January 14, 2022
Form I-730 was announced by USCIS to be used for those admitted to the US as a principal refugee or if they were granted status in the US as a principal asylee within the previous two years. Form I-730 will be used to request follow-to-join benefits for a spouse and/or unmarried children under 21 years of age only. In some cases, USCIS may grant a waiver of the two-year filing deadline for humanitarian reasons.
Specific content can be found here:
Immigration Law, Refugees, Asylum
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January 14, 2022
Form I-566 was announced by USCIS to be a part of the process to request various immigration benefits that may be available to an eligible dependent for an A, G, or NATO nonimmigrant requesting employment authorization; an A, G, or NATO nonimmigrant requesting a change to another nonimmigrant status; a nonimmigrant in another status who have been offered a position that requires reclassification as an A, G, or NATO nonimmigrant, and any dependents in another nonimmigrant status; or an A, G, or NATO nonimmigrant requesting an adjustment to lawful permanent resident status.
Specific content can be found here:
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January 14, 2022
Over 100 migrants were rescued on Monday near Ocean Reef in Key Largo, Florida. The people on the boat were Haitian migrants. It was reported that at least 20 people on the boat needed medical attention after arriving onshore. A similar incident occurred in December when 52 Haitian migrants were taken into custody after reaching land in Key Largo. Last year, the US experienced a record number of Haitian immigrants attempting to enter the country due to the political crises and natural disasters in Haiti.
Specific content can be found here:
https://www.newsweek.com/more-100-migrants-rescued-boat-near-florida-shore-1667641
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January 18, 2022
A report provided by the Department of Homeland Security showed that around 50,000 out of roughly 104,000 noncitizens released by the US immigrant officials last summer have failed to report back to initiate their immigration proceedings. DHS indicated that within a five-month span last summer, there were 104,171 noncitizens released with a “Notice to Report” also known as an “NTR.” The Biden administration has yet to release any reports showing data on how many immigrants residing in the country illegally it has deported. It is said from the DHS report that a large portion of the immigrants residing in the US illegally are people who have overstayed their visas.
Specific content can be found here:
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January 18, 2022
The Justice Department is arguing in court that immigrant families who were separated under the Trump administration should not be compensated for the actions of the US officials. In a court filing in Pennsylvania, the DOJ argued these families are not entitled to compensation and asked the judge to dismiss the lawsuit. A similar motion to dismiss was filed in California and it is expected that the DOJ will follow a similar strategy. The DOJ made this move after it had negotiations in December with attorneys representing separated families. The DOJ explained in briefs that it does not condone the Trump-era policy of separating families at the border, yet it argues that the case is about whether migrants can challenge immigration enforcement.
Specific content can be found here:
https://thehill.com/latino/589567-biden-doj-says-separated-families-not-entitled-to-compensation
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January 18, 2022
USCIS announced clarifying guidance on how to determine whether an O-1B beneficiary will be considered a person of extraordinary ability in the arts or as a person of extraordinary achievement in the motion picture or television industry when a case has elements of both. The updated guidance will help officers and petitioners determine whether a beneficiary falls into the arts category or motion picture and television category.
Specific content can be found here:
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January 18, 2022
A corrupt behavior has been found among 105 of Mexico’s immigration agencies. The National Immigration Institute did not explain the corruption in detail but said it was combatting extortion, meaning border agents demanded bribes to allow people to enter the country. On January 6th when a group of Venezuelan migrants arrived at the Mexico City airport, the migrants lined up at immigration checkpoints with $100 bills tucked into their passports. The Venezuelan migrants were sent back to their country because they did not have the proper papers to enter Mexico and claimed the bills in the passport were there mistakenly.
Specific content can be found here:
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January 18, 2022
The American Bar Association has launched a nationwide campaign seeking pro bono lawyers to assist asylum-seekers who are being fast-tracked through deportation proceedings in a “Dedicated Docket” program. About 70,000 migrants have been placed in this program according to data provided by Transactional Access Records Clearinghouse (TRAC) of Syracuse University. The Dedicated Docket fast-track program is operating in immigration courts across 11 U.S. cities. According to the TRAC report, only a small number of migrants placed in the Dedicated Docket are getting legal counsel.
Specific content can be found here:
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January 20, 2022
A group of 622 migrants headed to the U.S. were apprehended in Guatemala. The group was mostly men from Honduras and Nicaragua. Children made up about 25 percent of the group. When the caravan entered Guatemala, authorities used riot shields to keep the group from advancing forward. Guatemala sent the migrants back to their home countries. The U.S. has been working with Central American governments to curb immigration because illegal border crossings have spiked over the past few months. Haiti recently opened a consulate in Mexico to assist with the migration of Haitians at the Guatemala border.
Specific content can be found here:
https://thehill.com/latino/590235-guatemala-sends-back-hundreds-of-migrants?rl=1
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January 20, 2022
The U.S. immigration court backlog reached almost 1.6 million cases last year, with cases spiking between October and December according to Syracuse University’s Transactional Records Access Clearinghouse. The backlog is almost equivalent to the size of Philadelphia’s population. Judges are unable to keep up with the influx of immigration cases, resulting in the largest increase on record last quarter. From October to December 2021, the immigration backlog increased by almost 140,000 cases. Contributing factors to the backlog include the pandemic causing court closures and the arrival of thousands of migrants at the U.S.-Mexico border.
Specific content can be found here:
https://www.cnn.com/2022/01/18/politics/immigration-court-backlog/index.html
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January 20, 2022
A Harvard Law School clinic has sued federal immigration officials for failing to release records regarding the use of solitary confinement in immigration detention facilities. In the lawsuit filed in Boston federal court, the clinic submitted records of requests to the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement, but the agencies have not fully complied in over four years. The clinic said immigrant rights advocates have raised concerns over the use of solitary confinement on vulnerable immigrant populations at the facilities, including LGBTQ individuals and people with disabilities.
Specific content can be found here:
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https://www.cbsnews.com/news/jamal-simmons-kamala-harris-old-tweets-latino-lawmakers-meeting/#app
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January 21, 2022
On Wednesday in a court proceeding, the Biden administration defended the use of a controversial Trump-era border policy barring asylum seekers under Title 42. The administration argued it was necessary to have Title 42 to avoid the transmission of Covid-19 in border facilities. The Title 42 policy was invoked at the beginning of the pandemic under the Trump administration and allowed authorities to remove migrants at the southern U.S. border, barring asylum-seekers due to Covid-19 concerns. Wednesday’s court proceedings stemmed from ACLU and advocates who were challenging the policy.
Specific content can be found here:
https://www.cnn.com/2022/01/19/politics/title-42-biden/index.html
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January 21, 2022
The Biden administration announced it will allow private citizens to sponsor Afghan refugees. People can pool together funds to help an Afghan family, under the Sponsor Circle Program. The U.S. withdrawal from Afghanistan in 2021 left many vulnerable Afghans behind. The Sponsor Circle program involves bringing together five adults in your area and raising $2,275 for each Afghan individual you want to help resettle in your community. Sponsors commit to assisting the refugees through their first three months in the community by helping locate housing, job searching, and registering children for school. Forming a Sponsor Circle speeds up the process of resettling Afghans who have already entered the U.S. through humanitarian parole but are currently stuck at military bases.
Specific content can be found here:
https://www.vox.com/future-perfect/22883775/afghan-refugee-private-sponsorship
Immigration Law, Refugees, Sponsorship-Affidavit
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January 21, 2022
Since the beginning of 2022, the number of coronavirus infections among immigrants detained at U.S. ICE detention centers has risen by 520%. Last week, 1,766 immigrants were being monitored or isolated at ICE detention facilities due to confirmed coronavirus infection. Since the beginning of the pandemic, more than 32,000 immigrants have tested positive for the coronavirus while in ICE custody. The major increase in infections across ICE detention facilities raises concerns about ICE’s vaccination campaign, the significant vaccine refusal rate, frequent facility transfers, and the agency’s decision to continue keeping thousands of immigrants with underlying medical conditions in detention.
Specific content can be found here:
https://www.cbsnews.com/news/immigration-detention-covid-cases-surge/
Immigration Law, COVID-19, Immigrants
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January 25, 2022
Discussion on vaccinating migrants is back on the table as the Biden administration tries to change the way the U.S. is handling migration at the southern border. Migrants being detained by U.S. Immigration and Customs Enforcement and minors in the custody of the Department of Health and Human Services were already offered vaccinations. The current proposal would apply to migrants encountered at the U.S.-Mexico border and those released in the U.S. as they await court hearings. This plan was originally proposed during the summer but is now before the White House again, yet no decision has been made according to a senior administration official. Biden administration officials are aiming to resurface plans to adjust how the U.S. handles immigration at the southern border.
Specific content can be found here:
https://www.cnn.com/2022/01/21/politics/biden-border/index.html
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January 25, 2022
In Tapachula, Mexican authorities stopped 800 migrants trying to continue their journey north. On Thursday, hundreds of migrants protested regarding how slow the process of gaining temporary legal status is in Mexico. Protestors stood outside local offices of immigration and asylum authorities. On Friday, the migrants walked about 10 miles through the darkness after their protest, heading north, until they were intercepted around 5 a.m. by National Guard and immigration agents. Tapachula has one of the largest migrant detention centers in Latin America. Over the recent years, Mexico has been overwhelmed with asylum requests.
Specific content can be found here:
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January 25, 2022
In Texas, the “Remain in Mexico” policy was expanded to Rio Grande Valley. On January 19 Rio Grande Valley has seen the highest number of migrant arrests along the southern border. Under this expansion of “Remain in Mexico,” migrants will be enrolled in the program and processed in Brownsville, Texas. From there, the migrants will then be sent back to Matamoros, the Tamaulipas region in Mexico, and will be given the option to reside in Monterrey, Mexico while they await their U.S. immigration court hearing. The State Department is assisting the Mexican government by offering the migrants transportation, COVID-19 testing, and shelter. Before this expansion occurred, “Remain in Mexico” was only reimplemented in San Diego and El Paso.
Specific content can be found here:
https://www.cbsnews.com/news/immigration-remain-in-mexico-policy-expand/
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January 25, 2022
The highest number of COVID-19 infections are reported in Texas, the U.S. Immigration and Customs Enforcement detention centers. According to the latest data posted by ICE on Friday, of the 21,805 migrants currently detained in the U.S., a total of 2,748 (13%) of migrants are infected or being monitored for infection of COVID-19. The Karnes County Residential Center in Texas has the most infections compared to other ICE facilities in the U.S., with 506 migrant detainees either infected or being monitored for infection. This is a 166 percent increase compared to the 190 detainees in the facility a week ago that were infected there. The Karnes County infections show how fast COVID-19 is spreading within the detention facilities.
Specific content can be found here:
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January 27, 2022
Steven Portnoy of CBS News asked White House Press Secretary Jen Psaki questions about immigration relief. Portnoy first asked what unilateral authority the President is willing to exercise for immigrant relief that has not yet been tried. Psaki responded by referring to the comprehensive immigration bill Biden pushed forward on his first day in office. The White House also plans to implement more humane immigration measures. Portnoy asked if President Biden is willing to reallocate unused green cards and apply them to immigrants waiting in decades-long green card backlogs. The White House did not reply to the request for comment on Biden’s options for reallocating the unused green cards from past years.
Specific content can be found here:
https://www.latinorebels.com/2022/01/25/whrecapture/
Immigration Law, Green Card, Immigrants
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January 27, 2022
The USCIS Policy Manual has been updated to reflect new guidance on how it determines whether a case warrants expedited treatment. The update clarifies the criteria and circumstances under what USCIS considers expedited requests from nonprofits as determined by the IRS. It also provides examples of when USCIS considers expediting requests made by federal, state, or local agencies, including labor and employment agencies. It adds examples to explain how the expedite criteria relate to emergencies and urgent humanitarian reasons. The update explains that some circumstances may affect or delay USCIS’s ability to expedite an application or petition.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-expedite-requests
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January 27, 2022
On Tuesday, a three-judge panel of the Fourth Circuit heard arguments over a Trump-era rule that requires a sub-agency of the U.S. Justice Department, the Executive Office of Immigration Review, to preapprove judges’ requests to express their opinions on immigration policies and other matters through published writing or speaking at public events in their personal capacities. Immigration judges argue this policy violates their freedom to speak out about government policies on their own time. The National Association of Immigration Judges, a union representing about 500 immigration judges, filed a federal lawsuit in the Eastern District of Virginia.
Specific content can be found here:
https://www.courthousenews.com/immigration-judges-take-free-speech-case-to-fourth-circuit/
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January 27, 2022
The Biden administration is defending two Trump-era immigration policies in court both pandemic-related border restrictions and family separation. The Department of Justice is arguing in federal court for border restrictions that have barred asylum-seekers from entering the U.S. related to the pandemic, known as Title 42. In separate federal cases, it is argued that the Trump administration policy for separating migrant families was lawful and is fighting against compensating the families separated under Trump.
Specific content can be found here:
https://www.vox.com/22893065/biden-family-separations-title-42-border-court
Immigration Law, Asylum, COVID-19
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January 28, 2022
The Biden administration has expanded students eligible for Optional Practical Training (OPT) in science, technology, engineering, and math (STEM) fields. On January 21, 2022 DHS published a Federal Register notice announcing that “The Secretary of Homeland Security is amending the DHS STEM Designated Degree Program List [for OPT] by adding 22 qualifying fields of study.” This policy change is important because additions to this list will make more students eligible for the STEM OPT extension. The government uses the STEM Designated Degree Program List to determine F-1 students’ eligibility for the 24-month extension of their post-completion for OPT based on their STEM degree.
Specific content can be found here:
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January 28, 2022
On request for “National Interest Waivers,” USCIS provided updated guidance related to job offer and labor certification requirements for advanced degree professionals and individuals of exceptional ability. The Biden administration aims to remove barriers to legal immigration under Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans. USCIS clarifies how the national interest waiver can be used by STEM graduates and entrepreneurs, as well as the significance of letters from governmental and quasi-governmental entities. The updated guidance also promotes effective and efficient processing of benefits consistent with the executive order.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-national-interest-waivers
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January 28, 2022
USCIS issued policy guidance clarifying how it evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, with a focus on petitions filed for individuals in STEM fields. USCIS also provides guidance on how it determines whether an O-1 beneficiary’s prospective work is within the area of extraordinary ability or achievement. This new update gives examples of evidence that may satisfy the O-1A evidentiary criteria and explains considerations relevant to evaluating evidence, with a focus on the technical nature of STEM fields and the complexity of evidence often submitted.
Specific content can be found here:
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February 1, 2022
An additional 20,000 H-2B visas will be granted for the first half of the fiscal year to address the labor shortage. The U.S. government hopes that the additional visas will help the U.S employers that are facing irreparable harm if they cannot get additional workers on or before March 31, 2022. The additional visas became available to employers on Friday. DHS said 13,500 of the visas are available to returning workers who received an H-2B visa or were otherwise granted H-2B status, during one of the last three fiscal years. The remaining 6,500 visas are for people from Haiti, El Salvador, Guatemala, and Honduras.
Specific content can be found here:
https://www.reuters.com/world/us/us-announces-20000-additional-h-2b-visas-statement-2022-01-27/
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February 1, 2022
A group of D.C. Council members has introduced legislation that would create a grant program for undocumented students in the District who wish to attend college. Councilmember Christina Henderson proposed “DC Advancing College Hopes for Immigrants’ Education and Vocational Enrichment Scholarship” which would provide grants to high school graduates who do not have U.S. citizenship. Undocumented students are ineligible for federal financial aid and have limited access to state aid programs. The proposed program would aim to allocate $17,000 per student. Undocumented students could use the financial aid to attend the city’s only public university, the University of the District of Columbia.
Specific content can be found here:
https://www.washingtonpost.com/education/2022/01/27/dc-tuition-grant-undocumented-students/
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February 1, 2022
The initial registration period for the fiscal year 2023 H-1B cap will open on March 1 and run through until March 18, 2022. During this period, prospective petitioners and representatives will be able to submit their registrations online through the USCIS H-1B registration system. Prospective petitioners and their representatives will be able to submit registrations for multiple beneficiaries in a single online session. USCIS noted that an H-1B cap-subject petition, including a petition for a beneficiary who is eligible for the advanced degree exemption, may only be filed by a petitioner whose registration for the beneficiary named in the H-1B petition was selected in the H-1B registration process.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/fy-2023-h-1b-cap-initial-registration-period-opens-on-march-1
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February 1, 2022
Lack of a direct way to secure permanent legal residency face at least 36,433 Afghan evacuees who were resettled in the U.S. Out of the tens of thousands of Afghans who were airlifted from Afghanistan during the evacuation operation, 40% of these evacuees do not have a direct pathway to secure legal residency. These evacuees will continue facing legal obstacles of gaining permanent U.S. residency unless Congress legalizes them, or they apply for and obtain an immigration benefit such as asylum. The Biden administration used humanitarian parole to admit Afghan evacuees which allows them to live and work in the U.S. for two years, yet parole does not provide them permanent residency.
Specific content can be found here:
https://www.cbsnews.com/news/afghan-evacuees-lack-pathway-to-permanent-legal-status-in-the-u-s/#app
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February 3, 2022
Permanent legal status for families separated at the U.S.-Mexico border during the Trump administration announced to be supported by The White House. A year ago, the Biden administration established the reunification task force to work towards uniting entire families. If Congress passes legislation that aligns with the White House’s goal, siblings of separated children would be eligible for permanent legal status. Under the Trump administration’s “zero tolerance” policy, more than 5,600 children were separated from their parents at the border. Last year, Democratic lawmakers introduced legislation that would guide separated families towards permanent legal status, yet the bill has not advanced in the House or the Senate.
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February 3, 2022
Over the last 40 years, the number of Black immigrants in the U.S. raised 475% and is expected to continue rising throughout the future decades. According to a Pew Research Center report. The report uses census data from the last four decades to highlight the growing diversity of immigrants from Africa, the Caribbean, and Latin America. Africa accounts for the fastest growth in the U.S. Black immigrant population. The report showed that Jamaica and Haiti are the top countries of origin for Black immigrants. In 2019, the number of U.S. Black immigrants reached 4.6 million.
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February 3, 2022
Democratic Leader Patty Murray (Wash.) stated on Monday: “We need to explore every legislative option and go as big as we can on immigration with the votes we’ve got,”. The top Democrat is pushing colleagues to pursue all options to revamp the U.S. immigration system and to create a path to citizenship for undocumented individuals. Democrats and advocacy groups are aiming to recapture the momentum they had last year and find a new path forward on immigration reform.
Specific content can be found here:
https://about.bgov.com/news/top-senate-democrat-aims-to-go-as-big-as-we-can-on-immigration/
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February 3, 2022
Venezuelan migrants who are taken into custody along the U.S.-Mexico border will be sent to Colombia under the Biden administration’s new attempt to address the spike of migrants arriving at the border. Recently, Venezuelan migrants have crossed into the U.S. in record numbers, usually after flying to a Mexican border city, then walking across to surrender to American authorities. DHS stated it would begin returning Venezuelans to Colombia if they had previously resettled in that country, expelling them from the U.S. under Title 42. Authorities are permitted to bypass immigration proceedings without affording asylum seekers a chance to seek protection under U.S. law through the pandemic-era provision of Title 42.
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February 4, 2022
With removal flights, Venezuelans who have previously resided in Colombia are being taken back there. U.S. authorities are citing Title 42, a public health order, to turn away migrants at the border because of the pandemic. Colombia has agreed to receive the flights. ICE will organize the flights, which are expected to take place on a regular basis. Up to 6,000 Venezuelans detained in the U.S. are at risk of being deported to Colombia by the end of this month. As of October 2021, over 5.9 million people have fled Venezuela due to the widespread violence, food shortages, and lack of medical care across the country. The pandemic has overwhelmed Venezuelan hospitals and exacerbated its previously existing humanitarian crisis.
Specific content can be found here:
https://amp.miamiherald.com/news/local/immigration/article257940208.html
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February 4, 2022
Regarding immigration medical examination requirements for certain Afghan nationals applying for adjustment of status after arriving in the U.S. under Operation Allies Welcome (OAW), USCIS updated guidance in the USCIS Policy Manual. These applicants may not need to repeat an immigration medical examination if they already completed an immigration medical examination conducted by a panel physician before they arrived in the U.S. The clarifying guidance provided by USCIS explains when some immigrants will satisfy the requirement normally demonstrated by submitting Form I-693, Report of Medical Examination and Vaccination Record, completed by a USCIS-designated civil surgeon.
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February 4, 2022
Cases of omicron have spiked in Mexico. The reimplementation of the Migrant Protection Protocols program has left the migrants stranded in Mexico at a high risk of exposure to omicron. Many of these migrants face high infection rates without widespread access to vaccines or health care. Migrants in Mexico are legally entitled to public health care but nonprofits serving migrants say hospitals are overwhelmed with Mexican Covid-19 patients, resulting in migrants being the first to be turned away. The shortage of hospital space in Mexico is leaving many sick migrants with nowhere to go since they cannot enter the U.S. and are unable to return home due to probable danger.
Specific content can be found here:
https://www.vox.com/policy-and-politics/22902501/migrants-mexico-omicron-surge-health-care
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February 8, 2022
For foreign-born scientists and engineers, The House recently passed a bill with measures that would expand immigration opportunities. If passed by the Senate, the bill could become the most significant legislation on legal immigration to pass Congress in over 30 years. On February 4, 2022, the House passed the America COMPETES Act 222 to 210. The bill aims to improve ways in which the U.S. attracts and retains foreign-born talent. The act will help build the U.S. STEM workforce and will attract start-up companies. Individuals who earn STEM degrees from U.S. doctoral programs will be able to quickly obtain permanent residence.
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February 8, 2022
Along the U.S.-Mexico border, the U.S. is testing robotic patrol dogs along, saying it would use them as “mechanical reinforcements” for border guards. The robots were recently tested in El Paso, Texas. The American Civil Liberties Union stated on Thursday that the use of the robot patrol dogs along the border is “a civil liberties disaster in the making.” The company that developed the robotic patrol dogs is called Ghost Robotics. Gavin Kenneally, the chief operating officer at Ghost Robotics, stated that the dogs will be unarmed and can walk on sand, rocks, and hills as well as a human can.
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February 8, 2022
Immigration officials in New Orleans are being accused by The Southern Poverty Law Center (SPLC), a national civil rights group, of illegally deporting asylum-seekers. SPLC filed a complaint last month which claimed the Immigration and Customs Enforcement’s New Orleans field office, in some cases, never gave asylum-seekers a credible fear interview to explain why they fled and why they fear returning. According to federal law, a person that shows fear of returning to their country cannot be deported until they have had an interview with an asylum officer. The law further bars asylum-seekers from being removed while an appeal is pending or while a case is before the Board of Immigration Appeals.
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February 8, 2022
On Thursday, to overhaul the immigration court system, Rep. Zoe Lofgren disclosed information regarding sweeping legislation. The bill would move the immigration courts outside the executive branch, making them an independent entity. Currently, the immigration courts are housed within the Department of Justice. Lofgren’s bill would restructure immigration courts under Article I of the Constitution, turning them into an independent system. The goal of this proposal is to protect immigration courts from politics, preventing presidents and attorney generals from using the courts to implement their immigration policies. Lofgren hopes the sweeping legislation would help control the 1.6 million case backlog that is hampering the entire immigration system.
Specific content can be found here:
https://rollcall.com/2022/02/03/lofgren-bill-would-move-immigration-courts-outside-doj/’
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February 10, 2022
Updated policy guidance is being issued in its manual by USCIS to clarify how petitioners may demonstrate they qualify for an exemption from the temporary need requirement for a nonimmigrant visa petition for a temporary nonagricultural H-2B worker on Guam and in the Commonwealth of the Northern Mariana Islands (CNMI) that falls under the FY 2021 National Defense Authorization Act. USCIS clarifies how petitioners may demonstrate that they qualify for the exemption based on contracts or subcontracts that are “supporting” or “adversely affected by” the military realignment on Guam and in the CNMI.
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February 10, 2022
For veterans, current members of the military, and their families., USCIS has a program to help them regarding immigration issues. The American Immigration Lawyers Association’s Military Assistance Program (AILA-MAP) also helps the military with family immigration issues. AILA-MAP provides free assistance to active duty, reserve, and retired military persons through the AILA and the Legal Offices of the U.S. Military Judge Advocate General Corps.
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February 10, 2022
Refugees and those granted asylums may now renew their work permits in two-year increments. rather than having to renew annually. This update will affect foreign citizens who have been admitted as refugees or granted asylum. It will also affect those who have self-petitioned for green cards under a program for domestic abuse survivors, as well as migrants who fled persecution and have been provided deportation relief. The update will also permit some immigrants with temporary deportation protections to have work permits remaining valid until their protections expire. USCIS made this update to reduce the burden on the agency and the public. Overall, it will reduce processing times and help the agency to address the backlog.
Specific content can be found here:
https://rollcall.com/2022/02/08/immigration-agency-extends-work-permit-validity/
Immigration Law,Asylum,Green Card,Immigrants,Refugees
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February 10, 2022
A system in Qatar is being developed by The Biden administration to speed up the processing of at-risk Afghans overseas that are seeking permanent legal status in the U.S. and a resettlement destination. The U.S. has already received and resettled tens of thousands of Afghans through a temporary humanitarian process known as parole. Humanitarian parole leaves the Afghan evacuees in a legal limbo unless they qualify for asylum or visas. Through the new program, the U.S. is hoping to ensure future Afghan arrivals come to the country after they finish the refugee or Special Immigrant Visas process. The expedited program will be based in Camp As Sayliyah, a U.S. Army base in Qatar. Eligible evacuees will be interviewed by U.S. officials, given medical checks and security screenings.
Specific content can be found here:
https://www.cbsnews.com/news/afghanistan-us-expedited-processing-hub-qatar/#app
Immigration Law, Asylum, Refugees
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February 11, 2022
On Monday The Biden administration announced that it has lifted most of its visa sanctions on Laos. This development ends a Trump-era immigration ban that halted the issuance of any travel or immigrant visas to people in Laos. More than 30 advocacy groups and several members of Congress pushed to lift the sanctions. The sanctions under the Trump administration were seen as a retaliatory measure used to pressure Laos into accepting more deportees. Lifting the sanction could reunite about 2,000 families. The Biden administration wrote in a memo that most citizens from Laos who have applied, or will apply, for travel or immigrant visas will no longer be subjected to the ban.
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February 11, 2022
The Biden Administration is launching a 120-day pilot program within the coming weeks in Houston and Baltimore. This will place migrants under house arrest as an alternative to immigration detention. The program will have 100-200 single adults enrolled in each location. The so-called “home curfew” policy will cost $6-8 per day for each enrollee, whereas the immigration detention costs $142 a day. The program is intended to help control the expected record highs this year of arrests at the U.S.-Mexico border. The enrollees will be expected to remain home from 8 p.m. until 8 a.m., with exceptions for job schedules or special circumstances.
Specific content can be found here:
https://www.reuters.com/world/us/us-try-house-arrest-immigrants-alternative-detention-2022-02-08/
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February 11, 2022
The Biden administration is working towards renewing the way of tracking undocumented immigrants awaiting court proceedings. Specifically, the administration is trying to expand the home confinement and curfew pilot program used for the nearly 18,000 undocumented immigrants currently residing throughout the country. The administration hopes that expanding home confinement will reduce the need for detention facilities. The new pilot program will be implemented in Baltimore and Houston with a couple of hundred immigrants. A nationwide program is expected later this year. As of last weekend, there were almost 179,000 migrants in alternative-to-detention (ATD) programs being monitored with trackable devices.
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February 11, 2022
In January 2021, when President Joe Biden took office, he immediately signed a handful of executive orders fulfilling campaign promises, one order specifically stopping the construction of Trump’s border wall. The Trump administration completed construction on 458 miles of its border wall. The wall consists of mostly 18- to 30-foot steel bollards in concrete and has features such as sensors, lights, cameras, and parallel roads. The Biden administration recently said it would use border security funding allocated by Congress to close small gaps in border barriers and pay for environmental fixes from the construction sites along the wall. Work will include the installation of drainage to prevent flooding, the addition of missing gates, and the construction of erosion control measures.
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February 11, 2022
The Board legislation was unveiled on Tuesday that would assist millions of undocumented immigrants with legal protection and a possible path towards citizenship. The “dignity program” proposed by Rep. Maria Elvira Salazar, allows undocumented immigrants that have resided in the U.S. for at least five years could work while paying $1,000 a year into a new fund supporting job training for American workers. After 10 years, the immigrants would be eligible for a five-year “redemption program.” This program would require immigrants to partake in civics education and community service, with the possibility of being considered eligible for citizenship through existing procedures for naturalization.
Specific content can be found here:
https://rollcall.com/2022/02/08/undocumented-immigrants-eligible-for-dignity-program-under-bill/
Immigration law, Citizenship, Immigrants
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February 15, 2022
Requirements for Violence Against Women Act (VAWA) self petitions, USCIS published updated policy guidance on eligibility, filing, and adjudication to align with recent court decisions. The update states that the self-petitioner must demonstrate they are residing or have resided with their abuser at some point in the past. The update also implements the decision from Da Silva v. Attorney General, 948 F.3d 629 (3rd Cir. 2020), holding that when evaluating the good moral character requirement, an act or conviction is “connected to” the battery or extreme cruelty when it has “a casual or logical relationship.” The update also implements the decision from Arguijo v. the United States, 991 F.3d 736 (7th Cir. 2021), where the court held that stepchildren and stepparents can continue to be eligible for VAWA self-petition even if the parent and stepparent divorced.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-guidance-on-vawa-self-petitions
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February 15, 2022
More than 80 Cameroonian asylum-seekers were deported between 2019 and 2021 and then fell victim to serious human rights violations on their return home. Human Rights Watch (HRW), a New-York based rights group, released a 149-page report documenting dozens of cases of alleged abuse and mistreatment by officers of the U.S. Immigration and Customs Enforcement (ICE) against those deported. The rights group claims the U.S. was in violation of the principle of nonrefoulment, which states that no one should be returned to a country where they will face torture, cruel and inhuman treatment. HRW said that Cameroonian authorities had abused returnees for having left the country and for seeking asylum in the U.S.
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February 15, 2022
The Massachusetts House of Representatives plans to debate and vote on a bill that would allow people without legal immigration status to obtain a driver’s license. If this bill becomes law, Massachusetts would become the 17th state to grant undocumented immigrants the opportunity to obtain a license. The bill would allow people without a Social Security number to obtain a driver’s license by providing certain documents that prove their identities, such as a passport or birth certificate. It is estimated that around 43,000 to 78,000 undocumented people would get a license within the first three years of the law’s enactment.
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February 15, 2022
On February 14th a nationwide labor pause was planned to raise awareness for immigration reform. Valentine’s Day was specifically selected for the “Day Without Immigrants” protest because it is a day with an expected abundance of consumer spending, through labor often carried out by immigrants. More than 2,600 businesses across the U.S. pledged to close for the day in solidarity with the protest. Marches and rallies were scheduled across the country, from directly outside of the White House to the Capitol Mall in Sacramento, and several cities in between. This movement arose from the frustrations of thousands of immigrants within the U.S. that are tired of false promises regarding immigration reform.
Specific content can be found here:
https://www.laweekly.com/nationwide-labor-pause-planned-in-day-without-immigrants-protest/
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February 17, 2022
A significant number of L-1B petitions are continuously denied by USCIS. The denial of L-1B petitions is preventing employers from transferring employees with specialized knowledge into the United States. The L-1B denial rates for 2021 reached 26.2 percent. The L-1B visa allows an individual to be admitted for three years in the U.S. and can be extended up to 5 years. Before coming to the U.S. on an L-1B visa, the individual must have worked abroad with the company “for one continuous year within three years of his or her admission.” Over the past 7 years, the USCIS denial rate for L-1B petitions has averaged a very high 28.2 percent according to a National Foundation for American Policy.
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February 17, 2022
Release of new changes to Deferred Action for Childhood Arrivals (DACA) is expected by the Biden Administration. The administration’s changes to DACA guidelines, proposed in September, will formalize DACA protections and first-time applicants will likely be accepted once again. Jose Patiño, a DACA recipient in Phoenix who works with the immigrant advocacy group Aliento, says Aliento is focused on helping first-time DACA applicants prepare. The immigrant advocacy group is advocating for the rule change to expand eligibility for the program.
Specific content can be found here:
https://fronterasdesk.org/content/1756433/undocumented-advocates-brace-upcoming-daca-rule-change
Immigration Law, DACA, Immigrants
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February 17, 2022
Due to emergency circumstances, special permission given to those wanting to enter the U.S. is called Humanitarian parole. Humanitarian parole does not automatically lead to permanent residency, but it allows “parolees” to apply for legal status once they are in the United States. So far, the Biden administration has received more than 40,000 requests for humanitarian parole for Afghan nationals. Only 160 cases have been conditionally approved, while 930 have been denied, leaving thousands of Afghans seeking temporary entry into the U.S. stuck in Afghanistan or other countries. For many at-risk Afghans, humanitarian parole is the only option to safely enter the U.S. and reunite with family.
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February 17, 2022
Nearly 4 in 10 of Latino adults worry that they or someone else to them could be deported, according to a Pew Research Center survey. The survey found that deportation concerns are more common among immigrant families, compared to Latinos born in the United States. Immigrants make up about one-third of the U.S. Latino population and about half of all Latino adults. Current deportation worries vary across ages and generations. According to U.S. Immigration and Customs Enforcement, deportations decreased during the fiscal year 2020. The agency reported that removals declined from 267,258 in 2019 to 185,884 in 2020.
Specific content can be found here:
https://www.nbcnews.com/news/amp/rcna16300
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February 18, 2022
The use of migrant-tracking technology is being pushed by the Biden administration to replace for-profit detention centers. Alternative-to-detention (ATD) programs can cost the government almost 50 times less per person than having migrants physically in detention centers. Currently, the cost of having a person in detention is $142 per day while using ATD services will cost only $3 per day. Immigration advocates are divided over the implementation of ATD tracking programs. There is a concern that the administration will use ATD to put more immigrants under surveillance than before, rather than decreasing the use of detention.
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February 18, 2022
To protect young undocumented people from deportation, the Biden administration is finalizing regulations. Immigration groups are urging the administration to change its course on a draft rule’s decoupling of work authorization. The Department of Homeland Security released its proposed rule in September, codifying the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program, which shields “Dreamers” from removal and allows them to legally work in the country. Currently, DHS argues that in its draft rule, severing work eligibility applications would save DACA participants, especially students, costs on fees. Immigration advocates argue that splitting work authorization could lead to DACA recipients getting caught in backlogs and raises the risk that employment authorization could be eliminated entirely by future administrations.
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February 18, 2022
New York’s first Latino Ydanis Rodriguez, the transportation commissioner, is pushing to expand voting to more than 800,000 residents in New York City. As an NYC Council member, Rodríguez was the main sponsor of a piece of legislation that became law last month. The law allows permanent residents, or green card holders, to vote in city elections. It also allowed New Yorkers who are legally authorized to work in the U.S. and young immigrants under the Deferred Action for Childhood Arrivals program, to vote in municipal elections. The city plans to have eligible New Yorkers vote in the 2023 municipal election. The Board of Elections will plan the voter registration rules and provisions that would create separate ballots for municipal elections.
Specific content can be found here:
Immigration Law, Immigrants, DACA
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February 18, 2022
The “Day Without Immigrants” took place on Monday, where hundreds of immigrants across the nation rallied for immigration reform. One of the rallies took place outside of the White House, aiming to build pressure on President Biden to prioritize the protection of immigrants. Advocates want Biden to offer a pathway to citizenship through the Build Back Better bill. The reason behind organizing this protest was to show the economic impact the immigrant community would have if they did not spend their money or provide labor. Many participants are planning another protest in Washington on February 28th to rally near the White House a day before Biden’s State of the Union address.
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February 22, 2022
Last week new regulations were announced by the Biden administration to limit the number of public benefits that can weigh against immigrants applying for permanent U.S. residency, or green cards. Under the proposal, U.S. immigration caseworkers would only consider participation in income assistance programs and long-term government-funded institutionalization when determining whether immigrant applicants could become a “public charge,” or economic burden, on the country. This proposed rule would codify guidance issued by the Clinton administration that limited public charge determinations to government cash assistance and long-term institutionalization financed by the government.
Specific content can be found here:
https://www.cbsnews.com/news/immigration-public-charge-rule-biden-administration/
Immigration Law, Immigrants, Green Card
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February 22, 2022
A Temporary Protected Status is considered to be granted by The Biden administration to Afghans currently living in the United States. Advocates have been pushing the administration to provide more protection and a pathway to citizenship for Afghan evacuees. Over 70,000 Afghans have arrived in the U.S. since the evacuation, many remain in legal limbo, with some given less than a year to prepare their paperwork to stay in America. A TPS designation would help those already in the U.S., as well as offer a short-term solution for those evacuated and running out of time to secure their status. TPS does not offer a pathway to citizenship and is instead reissued in increments, leaving recipients unsure of whether their designation will be renewed.
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February 22, 2022
U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first or second employment-based preference categories. There is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year. For this fiscal year, the overall employment-based annual limit is twice as high as usual because that limit includes all unused family-sponsored visa numbers from the fiscal year 2021. Any visas not required in the fifth employment-based preference category are made available in the first employment-based preference category, and any visas not required in the first employment-based preference category are made available in the second employment-based preference category.
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February 22, 2022
The U.S. immigration courts are struggling with judges that are understaffed and an overwhelming backlog of more than 1.6 million cases. The backlog includes cases surrounding issues that range from asylum hearings to unaccompanied children crossing the border, to longtime undocumented residents appearing in court, often without attorneys to represent them. There is a major inconsistency across the nation on how judges rule on these cases, resulting in a high appeal rate that clogs the system. Immigration judges need legal assistants, judicial law clerks, interpreters, and front-window staff. For example, at one New York immigration court, they are only staffed at about 30 percent.
Specific content can be found here:
https://www.theguardian.com/us-news/2022/feb/21/us-immigration-courts-cases-backlog-understaffing
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February 24, 2022
A lawsuit against the Biden administration was filed by a group of investor immigrants claiming it is unlawfully refusing to process their valid visa application and green cards after Congress allowed a major visa program they participated in to lapse. There are more than a dozen plaintiffs in the complaint which was filed in Seattle federal court on Thursday. They claim that a program earmarking EB-5 visas for investors who pool money have expired yet federal law still requires USCIS and the Department of State to process their applications, which were filed before the expiration. The EB-5 program permits foreign citizens who invest $1 million in a U.S. business or $500,000 in an economically depressed area and create at least 10 jobs to qualify for visas or green cards.
Specific content can be found here:
Immigration Law, Green Card, EB-5 Visa
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February 24, 2022
A network of over 55 national faith-based organizations that advocate for migrants and refugees named The Interfaith Immigration Coalition, is calling on the Biden administration to combat “anti-Black racism in the U.S. immigration system.” The faith-based organizations want officials to listen to its concerns regarding putting an end to the detention and deportation of Haitians and other Black migrants. Not only have these migrants been mistreated by U.S. officials, but some were sent back to Haiti without being given an opportunity to apply for asylum. The coalition is calling for an end of Title 42 and the “Remain in Mexico” policy. The advocates want Temporary Protection Status to be put in place for migrants from “Black-majority nations in crisis.”
Specific content can be found here:
https://www.ncronline.org/news/people/advocates-call-biden-administration-help-black-migrants
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February 24, 2022
Guidelines for Form I-539, Application to Extend/Change Nonimmigrant Status was published by USCIS. Groups to use this form includes certain nonimmigrants extending their stay or changing to another nonimmigrant status; Commonwealth of the Northern Mariana Islands residents applying for initial grant status; F and M nonimmigrants applying for reinstatement; and persons seeking V nonimmigrant status or an extension of stay as a V nonimmigrant. All sections of the form must be completed. The filing fee is $370. Each applicant and co-applicant must also pay an $85 biometric services fee.
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February 24, 2022
The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers for specialized positions that require a related bachelor’s degree or equivalent. This includes jobs in fields such as IT, engineering, and more. Registration to begin the process for companies and organizations subject to the cap will start soon. Congress set the current annual H-1B visa cap at 65,000 plus and an additional 20,000 available for those with a U.S. master’s degree. Some H-1B visas are exempt from this cap, including employers that are institutions of higher education, non-profit organizations affiliated with higher education institutions, non-profit research organizations, or government research organizations.
Specific content can be found here:
https://www.themoxyvoice.com/moxy-voice/h-1b-visas-stem-immigration-options
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February 25, 2022
On Friday the U.S. Supreme Court agreed to hear President Biden’s argument to revoke the Trump administration’s “Remain in Mexico” policy. The immigration policy forces migrants to stay in Mexico while awaiting their U.S. asylum hearings. The justices will hear a Biden administration appeal of a lower court ruling which reinstated “Remain in Mexico.” The Biden administration, in its appeal to the Supreme Court, said it is being “forced to reinstate and continue implementing indefinitely a controversial policy” that exposes migrants to safety risks, harms relations with Mexico, and is not the most effective measure to deter illegal immigration. The administration further argues that the lower courts are unacceptably interfering with the historically broad authority the U.S. presidents have over immigration and foreign affairs.
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February 25, 2022
U.S. Supreme Court justices debated over whether to let Republican state officials defend a Trump-era immigration law that barred permanent residency for immigrants deemed likely to need governmental benefits. The justices heard oral arguments in an appeal by 13 Republican state attorneys general led by Arizona Attorney General Mark Brnovich. They are appealing a lower court decision that rejected their attempt to defend Trump’s rule, which expanded the scope of those considered likely to become a “public charge.” The Biden administration dropped its defense of the policy, resulting in the action by the states.
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February 25, 2022
The historic $1 trillion Bipartisan Infrastructure Bill is the Biden Administration investment to upgrade ports, restore bridges and roads, improve public transportation, and provide broadband access. The American labor market does not currently have enough workers to fill the vacant positions of the thousands of new jobs created by this law. With the shortage of workers to fill these positions, the U.S. must revamp its immigration system to allow American companies to recruit workers with the necessary education and experience. There are an estimated 10 to 12 million undocumented workers already in the U.S. who could help fill these positions.
Specific content can be found here:
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February 25, 2022
U.S. lawmakers are urging the Biden administration to decrease the number of migrants enrolled in the new immigration surveillance program and to reconsider its contract with a private company managing the program. The lawmakers argue this program subjects migrant to years of surveillance and do not reduce the number of immigrants in detention. According to ICE, there are about 182,000 immigrants enrolled in the surveillance program today, making it the largest supervision program of any U.S. law enforcement agency. The Biden administration is planning to expand the program and make the surveillance stricter.
Specific content can be found here:
https://www.theguardian.com/us-news/2022/feb/23/us-immigration-isap-surveillance
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March 1, 2022
At the University of Southern California, the researchers reveals a new study that Black male immigrants are less likely to be approved for U.S. citizenship than White immigrants. The study analyzed over 2 million citizenship applications filed by U.S. permanent residents between October 2014 and March 2018. The researchers concluded that Black immigrants have been denied citizenship more often than any other racial and ethnic group. The data analyzed in the study did not provide details of the reasoning behind each application denial. This information would help determine what leads to the disparities.
Specific content can be found here:
https://www.cnn.com/2022/02/23/us/black-immigrants-citizenship-approval-disparities/index.html
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March 1, 2022
During the weeks leading up to the Russian invasion in Ukraine and the tension mounting on the Ukrainian-Russian border, countries to the west of Ukraine began preparing for a potential migrant crisis. By Thursday morning, hundreds of Ukrainians began arriving in neighboring countries in Central Europe. U.S. officials have estimated that around one to five million people could flee Ukraine, many going to Poland. The history of Ukrainian immigration to the U.S. shows that the U.S. should expect to see a rise in Ukrainian immigrants, not just in the coming days and weeks, but stretching into years. Immigration organizations and advocates are calling on Biden to provide immediate protection for Ukrainians already in the U.S., such as Temporary Protected Status, Deferred Enforced Departure, and Special Student Relief.
Specific content can be found here:
https://www.boundless.com/blog/europe-readies-for-ukrainian-refugees-us-should-do-same/
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March 1, 2022
While the humanitarian crisis occurred in Afghanistan, over 60,000 Afghan immigrants have resettled in the U.S. Of the 60,000 Afghan immigrants, 900 of those refugees have moved to Utah, making it the largest refugee resettlement in state history. Utah Gov. Spencer Cox announced a plan to help Afghan immigrants in the state by offering them housing, education, and work opportunities. Utah will also provide refugees with workforce training which includes English and technology courses. The state has raised about $1 million for the Utah Afghan Community Fund which will pay for legal assistance, cell phones, and other necessities for Afghans.
Specific content can be found here
Consultation, Immigration Law, Refugees
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March 1, 2022
An H-2A Employer Data Hub was launched by U.S. Citizenship and Immigration Services to give information to the public on employers or agents petitioning for H-2A workers. The data hub is part of an effort by USCIS to increase transparency in employment-based visa programs. The data hub provides the public with a platform to search for H-2A petitioners by fiscal year from 2015 through 2021. The data hub will give information that helps the public calculate approval and denial rates and review which employers are using the H-2A program. To help the public understand the terminology and how to navigate the data hub, USCIS has created a page to further explain the H-2A Employer Data Hub.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-launches-h-2a-employer-data-hub
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March 3, 2022
The Biden administration is urged by lawmakers and refugee advocates to grant Temporary Protected Status (TPS) to Ukrainians in the U.S. which would protect them from deportation while their country is facing Russian invasion. By granting TPS, the U.S. would protect roughly 34,000 Ukrainians living in the U.S. who are not permanent residents. Currently, around 4,000 Ukrainians are fighting deportation cases in the U.S., according to data by the Transactional Records Access Clearinghouse at Syracuse University. Ukrainians without permanent immigration status, such as international students, immigrants on work visas, and asylum seekers would be provided deportation protection and work permits if TPS is granted to them.
Specific content can be found here:
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March 3, 2022
For fiscal year (FY) 2022, USCIS has received enough petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap. H-1B visas are used by U.S. businesses to employ foreign workers in specialty fields. USCIS will continue to accept and process petitions that are exempt from the cap. Petitions that were filed for current H-1B workers who have been counted before against the cap, and who still retain their cap number, are exempt from the FY 2022 H-1B cap.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-reaches-fiscal-year-2022-h-1b-cap
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March 3, 2022
On Tuesday evening, President Biden’s first State of Union address took place. Regarding immigration and border security, Biden explained the new cutting-edge scanners installed at the U.S.-Mexico border that will better detect drug smuggling. Along with the new technology, the administration set up joint patrols with Mexico and Guatemala to catch more human traffickers. To provide assistance for the immigration courts, Biden explained he is putting in place dedicated immigration judges to have cases heard faster. The administration will support partners in South and Central America to host more refugees and secure their own borders. Lastly, Biden touched on providing a pathway to citizenship for Dreamers, those on temporary status, farm workers, and essential workers.
Specific content can be found here:
Immigration Law, Refugees, Citizenship
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March 3, 2022
For the second half of fiscal year (FY) 2022, U.S. Citizenship and Immigration Services has received enough petitions to meet the congressionally mandated H2B cap. USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap. The exemptions include petitions for current H-2B workers in the U.S. who wish to extend their stay, change the terms of their employment, or change their employers. Fish roe processors, fish roe technicians, and supervisors of fish roe processing are also exempt. The final exemption includes workers performing labor or services in the Commonwealth of the Northern Mariana Islands and Guam.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/h-2b-cap-reached-for-second-half-of-fy-2022
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March 4, 2022
On Monday for about 29,5000 Ukrainians who are currently in the U.S. on visas, a group of senators sent a letter to President Biden requesting temporary protected status (TPS). TPS offers eligible immigrants to remain in the U.S. legally until the expiration of their TPS. The letter explains that granting TPS to Ukrainians in the U.S. would create minimal disruption for our country. The senators further addressed that forcing these individuals to return to Ukraine would be unacceptable due to Russia’s war on the country. The senators address in their letter that Ukrainians in the U.S. eligible for TPS would include students, business travelers, and tourists.
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March 4, 2022
On Tuesday activists gathered at the U.S. Federal Courthouse in El Paso carrying signs addressing Biden’s campaign promise of legalizing 11 million unauthorized immigrants who have been in the U.S. for years. Activists are disappointed but also putting pressure on Biden to provide solutions on immigration and for immigrant families. They want the administration to end the policies of deportation and expelling of migrants. Another activist group, United We Dream, has scheduled a rally Wednesday outside the White House to demand immigration reform. The group also wants an end to “Remain in Mexico” and Title 42.
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March 4, 2022
Using Form G-1450 Authorization for Credit Card Transaction under the credit card pilot program, USCIS is now accepting credit card payments. This will be used for all forms except Form I-129, Petition for a Nonimmigrant Worker, for H-1B and H-2A petitions. At the end of the pilot program, USCIS will evaluate the results and determine the next steps for expanding this payment option for other forms. USCIS hopes that the pilot will bring the agency one step closer to accepting digital payments using a credit card at all service centers. This program started at the Nebraska Service Center and then further expanded to Texas, Vermont, and California service centers.
Specific content can be found here:
Immigration Law, H-1B Visa, H-2B Visa
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March 4, 2022
For Temporary Protected Status (TPS) The Department of Homeland security announced a new designation of Sudan and extension and redesignation of South Sudan for 18 months. Secretary Mayorkas addressed the armed conflict and political instability in South Sudan has displaced millions of residents. Mayorkas explained that with careful consideration of these circumstances, nationals of Sudan and South Sudan will be offered TPS until the conditions in each country improve and people can safely return. Individuals newly eligible for TPS under the Sudan designation must have continuously resided in the U.S. since March 1, 2022. This includes those who had previous TPS designation for Sudan, which required continuous residence in the U.S. on or before January 9, 2013.
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March 4, 2022
Urging temporary deportation protections for Ukrainian nationals living in America, President Biden has been facing bipartisan calls from Congress. Granting temporary protections for the tens of thousands of Ukrainian nationals would protect them from being deported to Ukraine which is under attack by Russia. Senators Richard J. Durbin and Rob Portman led dozens of other senators in a letter to the White House, urging the administration to provide Temporary Protected Status (TPS) to Ukrainians. By offering TPS to Ukrainians, they would be given work authorization and protection from deportation. Dozens of members of the House sent a separate letter to the White House asking the administration to consider “all available pathways under the law” to protect Ukrainians in the U.S.
Specific content can be found here:
https://rollcall.com/2022/03/01/bipartisan-calls-mounting-for-ukrainian-immigrant-protections/
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March 8, 2022
On Friday, in Texas, a federal judge ruled against the Biden administration’s decision to exempt unaccompanied children from the pandemic-era health rule, Title 42. District Court Judge Mark Pittman barred the Biden administration from exempting children traveling without their parents under Title 42. Instituted in March 2020, Title 42 allows U.S. immigration authorities to expel migrants to Mexico or their home country without screening them for asylum or allowing them to see a judge. Before this ruling, the Biden administration did not expel unaccompanied children under this policy and instead would send them to shelters.
Specific content can be found here:
https://www.cbsnews.com/news/immigration-border-deportation-policy-migrant-children-texas-judge/
Immigration Law, Immigrants, Asylum
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March 8, 2022
For noncitizens who have an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, for Special Immigrant Juvenile (SIJ) classification but who cannot apply to adjust status to become a lawful permanent resident because a visa number is unavailable, USCIS announced that it is updating its policy manual to consider deferred action and related employment authorization. Deferred action and related employment authorization will help protect noncitizens with SIJ classification who cannot apply for adjustment of status solely because they are waiting for an available visa number. USCIS will consider deferred action on a case-by-case basis and will grant it if the SIJ warrants a favorable exercise of discretion.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-to-offer-deferred-action-for-special-immigrant-juveniles
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March 8, 2022
Millions of immigrants are waiting for their U.S. work permits resulting in some immigrants losing their jobs or being completely cut out of the labor market. The pandemic caused the backlog creating long processing times for visas and work permits. The estimated wait time for a work permit has risen to eight to 12 months. Before the pandemic, in 2020, the wait time was about three months. The number of pending work permits soared to about 1.5 million applications at the end of FY 2021. At the end of December 2021, there were 10.9 million U.S. job vacancies. Even as the U.S. experiences labor shortages, skilled immigrants are forced to wait the long processing times, resulting in immigrants dealing with the financial and emotional burden due to the delays.
Specific content can be found here:
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March 8, 2022
Better protection for immigrant children who are victims of abuse, neglect, abandonment, or similar paternal maltreatment is a new policy announced by USCIS. Included in the new policies are updated regulations to clarify Special Immigrant Juvenile (SIJ) eligibility criteria such as making an age-out provision to protect petitioners who turn 21 while their petition is pending. USCIS updated regulations for evidentiary requirements to improve the efficiency of the program and ensure that eligible victims receive SIJ classification and a pathway to apply for lawful permanent residence status. USCIS may agree to a grant of SIJ classification when the petitioner has provided evidence of court-ordered relief from paternal abuse, neglect, abandonment, or a similar basis under state law, as well as evidence of the factual basis for a juvenile court’s determinations.
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March 10, 2022
According to Bloomberg Government, The Department of Homeland Security spending bill dropped the previously drafted provisions that would have helped immigrants stuck in the green card backlog. The previously drafted provision would have salvaged the unused immigrant visas from recent fiscal years. More than 200,000 immigrant visas in the family and employment categories were wasted last year. Green card waste comes from processing delays at USCIS. Chris Murphy (D-Conn) noted that many policy provisions had to be dropped during negotiations with Republicans. Lawmakers are hoping to enact the spending bill before government funding runs out on March 11. The bill needs 60 votes to pass in the Senate.
Specific content can be found here:
https://about.bgov.com/news/green-card-backlog-fix-in-doubt-as-lawmakers-prep-spending-deal/
Immigration Law, Immigrants, Green Card
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March 10, 2022
According to latinorebels.com, Democratic senators introduced legislation that, if enacted, would provide sweeping relief to millions of immigrants stuck in green card backlogs. This Resolving Extended Limbo for Immigrant Employees and Families (RELIEF) Act would eliminate family and employment green card backlogs, reclassify spouses and children of legal permanent residents as immediate relatives, except derivative beneficiaries of employment-based petitions from annual green card limits. The RELIEF Act would also protect immigrant youth who qualify from aging out of their legal permanent resident status and would live per-country limitations. The RELIEF Act is cosponsored by Senate Majority Whip Dick Durbin (D-IL), Sens. Patrick Leahy (D-VT), Catherine Cortez Masto (D-NV), Mazie Hirono (D-HA). Tammy Duckworth (D-IL) and Alex Padilla (D-CA).
Specific content can be found here:
https://www.latinorebels.com/2022/03/08/reliefact/
Immigration Law, Immigrants, Green Card
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March 10, 2022
According to Catholic Legal Immigration Network Inc., The CIS Ombudsman has shared tips on how to contact USCIS for pending T, U, or VAWA cases. The USCIS Contact Center is generally not able to assist with inquiries related to T, U, or VAWA status applications and petitions due to confidentiality protections established by statute. If the self-petitioner, applicant, or representative calls the USCIS Contact Center, it will direct the individual to the appropriate inquiry mechanism. In certain scenarios, the USCIS Contact Center might schedule the caller to appear at a USCIS field office to verify the individual’s identity so that an inquiry or service request can then be submitted.
To request a biometrics appointment, attorneys and accredited representatives may reach out to USCIS via the email hotlines to request a new date/time or to request a location change for the appointment.
Specific content can be found here:
https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes
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March 10, 2022
According to Catholic Legal Immigration Network Inc., on March 1, 2022, USCIS updated the lockbox filing location for some N-400, Application for Naturalization, applications. Please be sure to verify the current direct filing address for the N-400 form before submitting it to USCIS.
Specific content can be found here:
https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-n-400-application-for-naturalization?ct=t(TIPS_030822)
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March 15, 2022
According to National Archives and Records Administration, USCIS is again extending the temporary final rule requiring the use of a USCIS interpreter at affirmative asylum interviews, to March 16, 2023. On March 15, 2022, USCIS published another extension to the temporary final rule (TFR) that requires certain asylum applicants to use our contract telephonic interpreters instead of bringing their own interpreters to their affirmative asylum interview. The TFR extends the requirement through March 16, 2023. This extension retains a previous modification that provides that in limited circumstances if a USCIS interpreter is not available, we will either reschedule the affirmative asylum interview or, at our discretion, allow the applicant to provide an interpreter.
USCIS contract interpreters are available in 47 languages, listed on the TFR webpage. There is no fee to use a government-provided interpreter. If the applicant does not speak English or any of the 47 languages listed, they must bring their own interpreter to the affirmative asylum interview.
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March 17, 2022
According to Marketplace.org almost three weeks ago more than 2.8 million Ukrainians have fled their country since the Russian invasion. The U.S. has pledged more than $4 billion in humanitarian aid for Ukraine and other Eastern European countries to help with the crisis. The U.S.-Mexico border has already seen some Ukrainian refugees seeking asylum. While the Biden administration has granted temporary protected status to Ukrainians who were already in the U.S. before the invasion, advocates are urging the administration to provide more assistance to Ukrainian refugees. Some advocates believe the administration should actively bring refugees to the U.S. and resettle them throughout the country.
Specific content can be found here:
Immigration Law, Asylum, Refugees
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March 17, 2022
On or after June 4th U.S. Citizenship and Immigration Services (USCIS) is preparing some offices to reopen and resume non-emergency-public services. Due to the spread of the coronavirus in 2020, USCIS temporarily suspended routine in-person services at its field offices and application support centers. While certain offices are temporarily closed, USCIS continues to provide limited emergency in-person services. USCIS asylum offices will automatically reschedule asylum interviews that were canceled during the temporary closures. Asylum offices expect to conduct video-facilitated asylum interviews, where applicants will sit in one room and the interviewing officer will be in the other room. USCIS will also send notices to applicants to reschedule previously postponed naturalization ceremonies. Applicants and petitioners with previously scheduled appointments and interviews will be sent notices.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-preparing-to-resume-public-services-on-june-4
Immigration Law, Asylum, Citizenship
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March 17, 2022
According to April Visa Bulletin, the Department of State advanced the Date for Filing (also known as the application date) applications for an immigrant visa or adjustment of status in the employment-based, second preference (EB-2) category for India from Sept. 1, 2013, to Sept. 1, 2014. If you are a noncitizen who has an approved immigrant visa petition in the EB-2 category chargeable to India and a priority date earlier than Sept. 1, 2014, USCIS encourages you to consider applying for adjustment of status in April by filing Form I-485, Application to Register Permanent Residence or Adjust Status. You should include your Form I-693, Report of Medical Examination and Vaccination Record, with your Form I-485 to save time. You are not required to file Form I-693 at the same time you file Form I-485, but filing both forms at the same time may eliminate the need for USCIS to issue a Request for Evidence to obtain your Form I-693. This may also help avoid adjudication delays if we decide that you do not need to be interviewed.
Eligible applicants are continuously encouraged to consider requesting to transfer the underlying basis of their pending adjustment of status applications in the EB-3 category to the EB-1 or EB-2 category if they meet the following criteria: a visa is unavailable to them in the EB-3 category; they have a pending or approved Form I-140, Immigration Petition for Alien Workers; and visa is available in the EB-1 or EB-2 category.
Specific contents can be found here:
https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants
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March 25, 2022
For a healthcare worker or a childcare worker who has a pending Form I-765, Application for Employment Authorization renewal application, with an Employment Authorization Document (EAD) that expires in 30 days or less or has already expired, they can request expedited processing of their EAD renewal application. USCIS had previously announced this flexibility for qualifying healthcare workers assisting public health efforts in response to the COVID-19 pandemic. USCIS is now extending this flexibility to qualifying childcare workers.
Specific content can be found here:
https://www.bls.gov/soc/2018/major_groups.htm
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March 25, 2022
From September 1, 2013, to September 1, 2014, The Department of State advanced the date for filing applications for an immigrant visa or adjustment of status in the employment-based second preference (EB-2) category for India. USCIS urges noncitizens who have an approved immigrant visa petition in the EB-2 category chargeable to India and a priority date earlier than Sept. 1, 2014, to consider applying for adjustment of status in April by filing Form I-485, Application to Register Permanent Residence or Adjust Status. Form I-693, Report of Medical Examination and Vaccination Record should be filed with Form I-485 to save time and to eliminate the need for USCIS to issue a Request for Evidence to obtain Form I-693.
Specific content can be found here:
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March 25, 2022
On Nov. 12, 2021, USCIS announced it has updated guidance in its policy manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.USCIS issued a policy announcement to clarify that the agency will consider E and L spouses to be employment authorized based on their valid E or L nonimmigrant status. Since Nov. 2021 announcement, the Department of Homeland Security added new Class of Admission codes to distinguish between E and L spouses and children. An E or L spouse age 21 or over who has an unexpired Form I-94 that USCIS issued before January 30, 2022, will be sent a notice. The notice, along with an unexpired Form I-94 will serve as evidence of employment authorization.
Specific content can be found here:
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March 28, 2022
Asylum claims made by noncitizens subject to expedited removal are efficiently processed by The Department of Homeland Security (DHS) and the Department of Justice (DOJ). Those who are eligible for asylum will be granted relief quickly with the new rule. The rule allows asylum officers within USCIS to consider the asylum applications of individuals subject to removal that fear persecution or torture and meet the criteria under a fear screening. Any individual who is not granted asylum will be referred for removal proceedings before an immigration judge. Due to the backlogs, the process for hearing and deciding asylum cases currently takes several years. The newly implemented rule will shorten the process to several months for most asylum applicants.
Specific content can be found here:
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March 28, 2022
In the U.S. amid the Russian attacks in Ukraine, The White House announced its plans to resettle up to 100,000 Ukrainian refugees. The administration is focusing on resettling Ukrainians that already have family members in the U.S. and vulnerable refugees including LGBTQ individuals, people with medical needs, journalists, and dissidents. The Biden administration also announced $1 billion in new funding for humanitarian relief for Ukraine. The White House announcement did not clarify whether the Ukrainian refugees will be given humanitarian parole.
Specific content can be found here:
https://rollcall.com/2022/03/24/white-house-will-resettle-100000-ukrainian-refugees/
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March 29, 2022
Title 42, is known as a pandemic health order used to turn away migrants at the U.S. border. Congressional lawmakers, public health experts, and immigration advocates argue Title 42 expulsions are not being used to prevent the spread of Covid-19 in the U.S., but to stop migrants from coming in. Overall, people are urging an end to Title 42 because it is denying migrants fleeing violence and persecution the chance to seek asylum in the United States. About 2 million people have been expelled at the northern and southwest border under Title 42. The Center for Disease Control and Prevention will be reviewing Title 42 on March 30.
Specific content can be found here:
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March 29, 2022
Today, U.S. Citizenship and Immigration Services will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. Due to the COVID-19 pandemic and resource constraints resulting from the prior administration, USCIS inherited a significant number of pending cases and increased processing times. Through today’s actions by the Biden administration, USCIS is acting to reduce these caseloads and processing times, while also ensuring that fair and efficient services are available to applicants and petitioners.
This month to reduce the agency’s pending caseload, USCIS is establishing new cycle time goals. These goals are internal metrics that guide the backlog reduction efforts of the USCIS workforce and affect how long it takes the agency to process cases. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. By the end of FY 2-23, USCIS will be increasing capacity, improving technology, and expanding staffing to achieve these new goals.
Premium processing is now available to petitioners filing a Form I-129, Petition for a Nonimmigrant Worker, and to certain employment-based immigrant visa petitioners filing a Form I-140, Immigrant Petition for Alien Workers. This final rule expands the categories of forms ultimately eligible for premium processing services, including Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and additional classifications under Form I-140.USCIS intends to begin implementing, through a phased approach, premium processing availability of Form I-539, Form I-765, and Form I-140 in the fiscal year 2022. USCIS will also adhere to the congressional requirement that the expansion of premium processing must not cause an increase in processing times for regular immigration benefit requests.USCIS plans to begin this phased implementation process by expanding premium processing eligibility to Form I-140 filers requesting EB-1 immigrant classification as a multinational executive or manager, or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver.
USCIS continues to make progress toward a temporary final rule currently named “Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants.” USCIS has begun streamlining many EAD processes in recent months, including extending validity periods for certain EADs and providing expedited work authorization renewals for healthcare and childcare workers. The temporary final rule aims to build on this progress and to ensure certain individuals will not lose their work authorization status while their applications are pending.
Specific content can be found here:
https://egov.uscis.gov/processing-times/
https://www.uscis.gov/forms/filing-guidance
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March 31, 2022
Through July 25, 2022, in response to the pandemic, USCIS is extending certain flexibilities, to help applicants, petitioners, and requestors. The agency is anticipating that this could be the last extension of these flexibilities. USCIS will consider a response received within 60 days after the due date set forth in the requests or notices before taking any action, if the issuance date listed on the request or notice is between March 1, 2020, and July 25, 2022. This includes Request for Evidence; Continuations to Request Evidence; Notices of Intent to Deny; Notices of Intent to Revoke; Notices of Intent to Rescind; Notices of Intent to Terminate regional centers; and Motions to Reopen an N-400 Pursuant to 8 CFR 335.5., and Receipt of Derogatory Information After Grant.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-extends-flexibility-for-responding-to-agency-requests-1
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March 31, 2022
According to Bloomberg Law press, as part of a set of initiatives to address the backlogs in the U.S. immigration system, The Department of Homeland Security is expected to add new premium processing options for immigration benefits. The agency is planning to set new regulations that will lengthen the automatic extensions of work eligibility for applicants seeking to renew those forms if they are not processed before existing employment eligibility expires. USCIS has already raised premium processing fees to $2,5000 for some employment-based visas. The agency expects more than half of newly eligible applicants to opt for premium processing.
Specific content can be found here:
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March 31, 2022
According to The Hill press, the Department of Homeland Security (DHS) announced it will be expanding its COVID-19 vaccination policy at the southern border. The agency will be requiring some migrants who are taken into custody to receive the vaccine. Migrants who do not have proof of vaccination and are not expelled under the public health order, Title 42, will be required to get vaccinated in seven areas including San Diego, El Paso, and the Rio Grande Valley. The Times reported that those who refuse vaccination will be placed in deportation proceedings. Asylum-seekers who refuse to get vaccinated will be released with a monitoring device.
Specific content can be found here:
Immigration Law, Asylum, COVID-19
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March 31, 2022
For the fiscal year 2022, the Department of Homeland Security announced the forthcoming publication of a joint temporary final rule to make available an additional 35,000 H-2B temporary nonagricultural worker visas. These additional visas will be set aside for U.S. employers seeking to employ additional workers on or after April 1, 2022, through Sept. 30, 2022.
The supplemental H-2B visa allocation consists of 23,500 visas available only to returning workers who received an H-2B visa or were otherwise granted H-2B status, during one of the last three fiscal years. The remaining 11,500 visas, which are exempt from the returning worker requirement, are reserved for nationals of Haiti, Honduras, Guatemala, and El Salvador. The temporary final rule will include provisions to ensure that only petitions from employers who comply with labor laws may be approved.
Once the temporary final rule has been published and is effective, eligible employers seeking cap-subject H-2B workers can file Form I-129, Petition for a Nonimmigrant Worker, seeking additional H-2B workers. They must submit an attestation with their petition to demonstrate their business is suffering irreparable harm or will suffer impending irreparable harm without a supplemental workforce.
Specific content can be found here:
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April 5, 2022
According to USCIS, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) are issuing a rule to efficiently and fairly process asylum claims made by noncitizens subject to expedited removal. Those who are eligible for asylum will be granted relief quickly with the new rule. The rule allows asylum officers within USCIS to consider the asylum applications of individuals subject to removal that fear persecution or torture and meet the criteria under a fear screening. Any individual who is not granted asylum will be referred for removal proceedings before an immigration judge. Due to the backlogs, the process for hearing and deciding asylum cases currently takes several years. The newly implemented rule will shorten the process to several months for most asylum applicants.
Specific content can be found here:
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April 5, 2022
According to cnn.com, on May 23 the Biden administration announced last week that it is planning on ending the public health policy known as Title 42. Over the past two years, Title 42 was a pandemic health order that stopped many migrants from crossing the border and seeking asylum in the United States. Due to this policy, border officials have turned away over 1.7 million migrants, expelling them to their home countries or Mexico. The administration is waiting until May to lift Title 42 to give border officials time to prepare for a significant increase in migrants along the border when the policy is lifted.
Specific content can be found here:
https://www.cnn.com/2022/03/31/politics/border-title-42-whats-next-cec/index.html
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April 7, 2022
According to The Washington Post, a backlash to the Biden administration’s decision to lift some pandemic restrictions at the border has caused doubt regarding the swift passage of a $10 billion coronavirus relief package. Democrats are hoping to approve the new funding by the end of this week before the House and Senate begin a two-week recess. For the bill to pass the Senate that quickly, all 100 senators must agree to proceed. Multiple Republicans said on Tuesday they would want to vote on the border restrictions as a condition. The $10 billion bipartisan deal repurposes previously appropriated coronavirus relief funds.
Specific content can be found here:
https://www.washingtonpost.com/politics/2022/04/05/congress-covid-aid-immigration/
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April 7, 2022
Today U.S. Citizenship and Immigration Services announced a policy update to adopt a risk-based approach when waiving interviews for conditional permanent residents (CPR) who have filed a petition to remove the conditions on their permanent resident status. Effective immediately, new criteria will guide USCIS officers on when to waive interviews for CPRs who filed a Form I-751, Petition to Remove Conditions on Residence. This update replaces previous agency guidance that required all CPRs to undergo an interview if they obtained CPR status via consular processing. A prior policy requiring mandatory CPR interviews did not prove to be an efficient use of USCIS staffing resources. Under this policy update, USCIS may waive the interview requirement if the agency officer determines there is sufficient evidence about the bona fides of the marriage, the joint-filing requirement is eligible for a waiver (if applicable), there is no indication of fraud or misrepresentation in supporting documents, there are no complex facts or issues to resolve, and there is no criminal history that would render the CPR removable. A noncitizen who obtains permanent resident status based on a marriage that began less than two years before obtaining that status receives permanent resident status on a conditional basis for two years. To remove the conditions on permanent resident status, family-based CPRs generally must file a Form I-751 within the 90-day period before the two-year anniversary of when they obtained CPR status.
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April 12, 2022
A risk-based approach is now adopted by USCIS when waiving interviews for conditional permanent residents (CPR) who have filed a petition to remove the conditions on their permanent resident status. USCIS officers will be given new criteria on when to waive interviews for CPRs who filed a Form I-751. Previously, all CPRs were required to be interviewed if they had CPR status via consular processing. The change to having a risk-based approach will increase efficiencies to improve processing time and make better use of staffing resources. Overall, this will help reduce the caseload while maintaining procedures to protect national security and detect fraud.
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April 12, 2022
4.4 million Ukrainians have left their country and entered neighboring European countries due to the Russian attacks in Ukraine. When President Biden was in Europe, he announced the U.S. will be accepting up to 100,000 Ukrainian refugees. The Biden administration has yet to establish a clear plan on how the U.S. will admit the refugees. While waiting for the administration to develop a plan for admitting the refugees, Ukrainians who are unable to obtain visitor visas could apply for humanitarian parole. Humanitarian parole allows migrants to apply at U.S. consulates overseas or at U.S. ports of entry, allowing Ukrainians to enter the U.S. for urgent humanitarian reasons.
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April 12, 2022
Today it was announced by the U.S. Citizenship and Immigration Services that individuals who previously received deferred action under Deferred Action for Childhood Arrivals (DACA) may now file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, online.
At this time, the option to file online is only available for individuals who have previously been granted DACA. Such individuals must also file Form I-765, Application for the Employment Authorization, which is available for online filing, as well as the Form I-765 Worksheet, which is required as evidence in support of the filing for DACA.
During fiscal year (FY) 2021, USCIS received more than 8.8 million requests for immigration benefits and other requests, including 438,950 Form I-821D DACA requests. Since launching online filing in 2017, the overall number of forms filed online has increased significantly. In FY 2021, approximately 1,210,700 applications, petitions and requests were filed online, a 2.3% increase from the 1,184,000 filed in FY 2020.
To file Form I-821D and Form I-765 online, a DACA requestor 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 an account, which offers a variety of features, including the ability to communicate with USCIS through a secure inbox and respond online to Requests for Evidence.
With the addition of online filing for Form I-821D, individuals can now file 13 USCIS forms online, which can all be found on the Forms Available to File Online page. USCIS continues to accept the latest paper versions of all forms by mail.
Specific content can be found here:
https://www.uscis.gov/file-online/forms-available-to-file-online
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April 18, 2022
According to USCIS, The Biden administration announced it is expanding Temporary Protected Status (TPS) eligibility for Ukrainians living in the U.S., pushing the program’s cut-off date by six weeks. In early March, DHS Secretary Alejandro Mayorkas announced Ukrainians living in the U.S. as of March 1 would qualify for TPS, which also provides temporary work permits. On Monday, Mayorkas announced Ukrainians residing in the U.S. as of April 11, 2022, will be eligible for TPS if they meet other eligibility rules and pass background checks. The government estimates that about 59,000 Ukrainians could now apply for TPS after this announcement. To be eligible under the Sudan designation, individuals must have lived in the U.S. since March 1, 2022.
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April 19, 2022
According to a Truthout article, Human rights activists celebrated the Biden administration’s announcement that Cameroon is designated for TPS. This decision will allow tens of thousands of immigrants to temporarily live and work in the U.S. due to the dangerous conditions in their war-torn country. It is estimated there are 11,7000 Cameroonians currently in the U.S. that will be able to remain in the country for 18 months. Over the last six years, Cameroonians have been killed and displaced due to the war between government forces and separatist groups. In addition to this turmoil, the Islamist militant group Boko Haram has escalated attacks in the northern part of the country.
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April 22, 2022
According to the Guardian press, American cities and states began restricting the information local law enforcement is allowed to exchange with immigration authorities over the past decades. Recently, the U.S. Immigration and Customs Enforcement (ICE) has been using private technology companies to avoid those policies. Using the private companies, ICE can then get access to information about incarcerations and jail bookings, which helps them pick up immigrants targeted for deportation. Contracting with the private data brokers allows for ICE to get around some sanctuary laws.
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April 26, 2022
According to CNN Politics press, a new program called “Uniting for Ukraine was announced by President Biden. This program will create a process for Ukrainians seeking refuge in the United States. About a month ago, Biden announced the U.S. will accept up to 100,000 Ukrainians fleeing Russia’s invasion. Biden explained this new humanitarian parole program will provide a fast way for legal migration for Ukrainians who have a U.S. sponsor, such as family members or an NGO. The Ukrainian applicants under the new humanitarian parole will undergo rigorous security vetting and checks. Biden also announced another $800 million package of weapons and other aid that will be sent to Ukraine to help fight against the Russian attacks.
Specific content can be found here:
https://www.cnn.com/2022/04/21/politics/biden-administration-ukraine-refugees/index.html
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April 28, 2022
Form I-134, Declaration of Financial Support was announced by USCIS to be used by individuals agreeing to financially support Ukrainians and their immediate family members as part of Uniting for Ukraine. The form can be filed online followed by a separate affidavit filed for each applicant. To file form I-134 online, you must be located within the United States. Ukrainians seeking parole through Uniting for Ukraine may not file form I-134 on their own behalf. If you are supporting a parolee outside of Uniting for Ukraine or an applicant for another immigration benefit, you must file a paper I-134 through the appropriate Lockbox location.
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May 3, 2022
Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal was updated by USCIS. Individuals that are inadmissible under sections 212(a)(9)(A) or (C) of the Immigration and Nationality Act (INA) should use this form to ask for consent to reapply for admission to lawfully return to the United States. The filing fee for Form I-212 is $930. Starting June 29, 2022, USCIS will only accept the 3/21/22 edition. Until then, applicants can use the 06/09/20 edition. USCIS provides a checklist of required initial evidence as an optional tool to help applicants while preparing their forms.
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May 3, 2022
Form I-129F, Petition for Alien Fiancé(e) was updated by USCIS. This form should be used as a petition to bring a fiancé(e) (K-1) and their children (K-2) to the U.S. so long as the person and their fiancé(e) marry. The form could also be filed to bring a spouse (K-3) and their children (K-4) to the U.S. to await the approval of a Form I-130 filed on behalf of the spouse and children and the availability of an immigrant visa. The filing fee is $535, however, there is no filing fee for a K-3 spouse who is filing Form I-129F as the spouse of a U.S. citizen.
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May 3, 2022
A Temporary Final Rule (TFR) was announced by USCIS to increase the automatic extension period for employment authorization and Employment Authorization Documents (EADs). This new process will be available for certain EAD renewal applicants for up to 540 days. On May 4, 2022, the increase will be effective immediately and will help avoid gaps in employment for noncitizens with pending EAD renewal applications and stabilize the continuity of operations for U.S. employers.
Specific content can be found here:
https://www.uscis.gov/eadautoextend
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May 5, 2022
For some immigrants who are waiting for their final papers, temporary work authorization will be extended by the federal government. On Tuesday, a 540-day extension of work authorization for some immigrants was announced by USCIS. This new extension is expanding the 180-day extension USCIS previously updated in November. This new extension means those existing applicants will not need to pay fees for a new Employment Authorization Document (EAD) for that time. In March, USCIS had an EAD backlog of about 740,000 applications.
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May 10, 2022
It was announced by USCIS that the case processing time date will be simplified and improved for the public. The change will promote transparency, efficiency, and customer service and will make it easier for individuals to get immediate answers on when they can make an inquiry into their case. Users now can find the processing time information regarding how long it may take USCIS to process a particular form. Processing time is defined as the number of months between the date USCIS receives the application, petition, or request and the date a decision will be issued. Processing times are a reference point, not an absolute measure of how long it will take to process a specific case.
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May 10, 2022
Until 2024 at the earliest, it is estimated that international travel to the U.S. will not be back to pre-pandemic levels. The delay is caused by the long visa wait times in some of the biggest markets for international travel to the United States. USCIS has been experiencing backlogs for green cards and work permits for visa holders. Receiving a visa through the State Department has become increasingly hard for international tourists and business travelers, foreign workers, and immigrants seeking family-based green cards. Backlogs in the U.S. embassies and consulates have been caused mostly by the pandemic and the Trump-era immigrant visa bans.
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Immigration Law, Immigrants, Green Card
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April 12, 2022
According to theguardian.com press, U.S. Immigration and Customs Enforcement (Ice) has developed a digital surveillance system having access to the details of almost every person in the country. Researchers from the Center on Privacy & Technology released a review of the activities of Ice, showing how the agency went beyond its responsibilities and now is conducting domestic surveillance. Ice now has access to data such as driver’s license data for three of every four adults, facial recognition technology from the driver’s license photos of at least a third of adults, and many other types of personal data.
Specific content can be found here:
https://www.theguardian.com/world/2022/may/10/us-immigration-agency-ice-domestic-surveillance-study
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May 17, 2022
An update to Form I-956, Application for Regional Center Designation was announced by USCIS. Form I-956 is used to request USCIS designation at a regional center under Immigration and Nationality Act (INA) section 203(b)(5)(E), or to request an amendment to an approved regional center designation under INA 203(b)(5)(E). The filing fee for Form I-956 is $17,795. Each person involved with the regional center must complete and submit Form I-956H, Bona Fides of Persons Involved with the Regional Center Program.
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May 17, 2022
USCIS announced an update that each person involved with a regional center must complete and submit Form I-956H as a supplement to Form I-956, Application for Regional Center Designation, or other forms where persons are required to attest to their compliance with Immigration and Nationality Act section 203(b)(5)(H). Form I-956H, Bona Fides of Persons Involved with Regional Center Program does not require a filing fee but a biometric services fee of $85 is required for each person completing the form.
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May 17, 2022
During the second half of fiscal year (FY) 2022, DHS and DOL announced the availability of an additional 35,000 H-2B temporary nonagricultural worker visas. The visas are for U.S. employers seeking to employ additional workers from April 1, 2022, through September 30, 2022. This visa allocation consists of 23,500 visas available to returning workers who received an H-2B visa or were granted H-2B status during one of the last three fiscal years. The other 11,500 visas are for nationals of El Salvador, Guatemala, Haiti, and Honduras. The additional H-2B visas will help fill seasonal work positions which will help with the current labor shortage in the United States. H-2B visas permit employers to temporarily hire noncitizens to perform nonagricultural labor or services within the country.
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May 24, 2022
In the U.S. an estimated 200,000 “Documented Dreamers” fear deportation when they turn 21 and age out of the protection of their parents’ visas. The America’s Cultivation of Hope and Inclusion for Long-term Dependents Raised and Educated Natively (America’s CHILDREN Act of 2021) would let dependents of noncitizens who are in the U.S. on work visas apply for permanent legal status if they have been in the U.S. at least 10 years and have graduated from “an institution of higher education.” other requirements would apply but ultimately the bill would grant work permits to successful applicants. Without this protection, the young adults would have to self-deport at the age of 21, then apply for readmission into the United States.
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May 26, 2022
It was announced by USCIS that petitioners may use Form I-907, Request for Premium Processing Service to request faster processing of Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Worker. Premium processing for Form I-129 R-1 classification is only eligible after the petitioner passes an on-site inspection. The filing location for Form I-907 depends on whether the petitioner is requesting premium processing for Form I-129 or Form I-140. Beginning July 1, 2022, USCIS will only accept the 05/31/22 edition.
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May 26, 2022
Premium processing will be implemented by USCIS for certain petitioners who have pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This premium processing will only apply to certain previously filed Form I-140 petitions under an E13 multinational executive and manage classification or E21 classification as a member of professionals with advanced degrees or exceptional ability seeking a national interest waiver. Petitioners who want to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.
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May 31, 2022
According to USCIS, Secretary of Homeland Security Alejandro N. Mayorkas released a statement regarding the implementation of a rule to make sure noncitizens placed in expedited removal who are eligible for asylum are granted relief quickly and those who are not to be promptly removed. Mayorkas explained DHS and the DOJ are creating a fair and efficient process to handle asylum claims along the border. The rule will be implemented through a phased approach to reduce processing times and help ease the immigration court backlog. On May 31, 2022, the rule goes into effect.
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May 31, 2022
According to USCIS, immigration services will be offered for those who have been affected by special situations, including the shooting in Uvalde, Texas. On a case-by-case basis upon request, USCIS can help individuals with changing the nonimmigrant status of an individual currently in the United States. Help is available for re-parole of individuals previously granted parole by USCIS and expedited processing of advance parole requests. USCIS also considers fee waiver requests due to an inability to pay, rescheduling a biometric services appointment, and flexibility for those who are unable to appear for a scheduled interview with the agency.
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June 3, 2022
On June 1, 2022, USCIS will begin to phase in premium processing upgrades for certain previously filed Form I-140 petitions that request E13 classification for multinational executives and managers. Beginning on July 1, 2022, USCIS will begin to phase in premium processing upgrades for certain previously filed Form I-140 petitions requesting E21 national interest waiver classification and additional Form I-140 petitions requesting E13 multinational executive and manager classification. USCIS announced there is an exceptionally high number of employment-based visas available this fiscal year (October 2021 through September 2022).
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June 9, 2022
Two new forms were released by USCIS under the EB-5 Reform and Integrity Act of 2022, which revised INA 203(b)(5). The news forms are: Form I-956F, Application for Approval of an Investment in a Commercial Enterprise, and Form I-956G, Regional Center Annual Statement. Form I-956F can only be filed by an approved regional center. Form I-956F is required by statute for regional centers to apply for approval of each particular investment offering through an associated new commercial enterprise. Beginning June 2, Forms I-956F and I-956G must be submitted in compliance with new program requirements. Form I-956F costs $17,795 to file and Form I-956G is $3,035.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-releases-new-forms-for-immigrant-investor-program
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June 9, 2022
The public charge resources webpage was updated by USCIS to include more information regarding how to reduce undue fear and confusion among immigrants and their families, including U.S. citizens and their children, that may prevent them from seeking access to critical government services available to them. The updated resources clarify that relatively few noncitizens in the U.S. are both subject to the public charge ground of inadmissibility and eligible for the public benefits considered under the 1999 Interim Field Guidance, including Supplemental Security Income, Temporary Assistance for Needy Families, and programs supporting noncitizens who are institutionalized for long-term care at government expense.
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June 9, 2022
Yahoo.com has released news that according to a Google executive, the green card processing backlog is holding the U.S. back from being able to compete with other nations for top tech talent. The backlog has been caused partly by the staffing shortages and restrictions from Covid-19 and the restrictive immigration laws under the Trump administration. Roughly 262,000 employment-based green cards were available in the last fiscal year but 66,5000 were unused since immigration agencies could not keep up with the demand. This year, it is expected about 280,000 will be available. Many major tech firms have been urging the Biden administration to streamline the visa process, arguing that the delays have created job uncertainty for major employers.
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June 16, 2022
On the 10th anniversary of the Deferred Action for Childhood Arrivals ( DACA ) program, a group of GOP business leaders is urging Republican congressional leaders to grant “Dreamers” legal status to help ease inflation and the U.S. labor shortage. On Wednesday, a letter was sent to Senate Minority Leader Mitch McConnell and House Minority Leader Kevin McCarthy, requesting that they reach a deal on immigration to provide permanent legal status to the immigrants brought to the U.S. illegally as children. The letter was sent by 14 donors who call themselves “life-long Republicans.” The donors wrote, “Improving border security and providing a pathway to citizenship for Dreamers is not only morally right; it is also absolutely crucial to addressing labor shortages, reducing food prices, and creating jobs for all American families.”
Specific content can be found here:
https://www.politico.com/news/2022/06/14/republican-immigration-dreamers-00039479
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June 21, 2022
It was announced by USCIS that certain H-1B petitions and fiscal year 2023 H-1B cap petitions awaiting intake at the Vermont Service Center (VSC) are being transferred to the California Service Center (CSC) for data entry and adjudication. The transfers are in response to the H-1B receipt issuance delays at the VSC. USCIS advises petitioners to allow time for CSC to process the transferred cases and to not submit duplicate petitions out of concern that your previous submission did not arrive or has been misplaced. If your petition is transferred, you will not receive a transfer notice, but you will receive a receipt notice as soon as your petition is processed.
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June 23, 2022
Black immigrant workers in positions such as nannies, cleaners, and home health aides are continuously struggling as the pandemic enters its third year. The Institute for Policy Studies and the National Domestic Workers Alliance released a report, which found that domestic workers continue to face exploitative and unsafe working conditions, along with economic struggles. In a survey conducted of over 1,000 Black immigrant domestic workers, 37% have said they are having a difficult time finding new work after losing their previous employment due to the pandemic. Black immigrant domestic workers indicated in the report that they need affordable health care, higher wages, free childcare, and a pathway to citizenship for those who are undocumented.
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June 28, 2022
An open application period for The Citizenship and Integration Grant Program was announced by the Department of Homeland Security. The program gives funding for citizenship preparation programs in communities across the country. This year, the program will provide up to $20 million in grants whereas last year there was $10 million in funding. The competitive grant opportunities are open to organizations that prepare immigrants for naturalization and promote civic integration through increased knowledge of English, U.S. history, and civics. The grants for 2022 also will include opportunities for creative and innovative approaches to preparing immigrants for naturalization. Since 2009, the USCIS Citizenship and Integration Grant Program has awarded $112 million through 513 grants to immigrant-serving organizations.
Specific content can be found here:
Immigration Law, Citizenship, Immigrants
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June 30, 2022
According to abcnews.com news, the Biden administration has suspended an order that focused resources for the arrest and deportation of immigrants on those who are considered a threat to public safety or national security. The Department of Homeland Security said on Saturday it will follow the decision issued this month even though it “strongly disagrees” with the ruling and is appealing it. Those currently living in the U.S. illegally will now fear detainment. The Texas case was based on the memorandum Homeland Security Secretary Alejandro Mayorkas sent out last September, directing immigration agencies to focus deportation efforts on migrants who were a threat to national security or public safety or who recently entered the U.S. illegally.
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July 12, 2022
It was announced by USCIS that law enforcement agencies should use Form I-854A to request a noncitizen witness and/or informant to receive classification as an S nonimmigrant. Law enforcement agencies use Form I-854B to request a noncitizen in S nonimmigrant status to be allowed to apply for adjustment of status to adjust lawful permanent resident status under section 245(j) of the Immigration and Nationality Act. Form I-854, Inter-Agency Alien Witness and Informant Record, is only for law enforcement agencies to submit.
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July 12, 2022
According to bloomberlaw.com USCIS is facing pressure based on a record surplus of employment-based green cards still available for this fiscal year. More than 66,000 employment-based green cards went to waste last year as USCIS handled backlogs from the pandemic. The agency is facing a bigger workload this year with 280,000 green cards available compared to 262,000 in the fiscal year 2021. The higher numbers of green cards available over the past two years are a result of the border closures and limited capacity of U.S. embassies and consular offices during the pandemic. In response to the surplus of green cards available this year, USCIS has moved some staff resources away from other immigration services to processing green cards instead.
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July 14, 2022
Form I-526, Immigrant Petition by Alien Entrepreneur is being revised by USCIS to accommodate the EB-5 Reform and Integrity Act of 2022, which made significant changes to both the filing and eligibility requirements for investors under the EB-5 program. The form will be split into two versions: Form I-526, Immigrant Petition by Standalone Investor, and Form I-526E, Immigrant Petition by Regional Center Investor. Form I-526 will be used by standalone immigrant investors that are not seeking to pool their investment with additional investors seeking EB-5 classification. Form I-526E will be used by immigrant investors seeking to pool their investment with one or more additional investors seeking EB-5 classification under the new regional center program.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-releases-new-forms-for-immigrant-investor-program-0
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July 14, 2022
The launch of the new citizenship ambassador initiative was announced by USCIS. Through this new program, USCIS will partner with community leaders to promote citizenship through their own immigrant experience. The initiative has been created to make a personal and local connection to the more than 9.1 million lawful permanent residents who may be eligible to apply for naturalization and who otherwise may not have access to or knowledge about the naturalization process. The initiative has been created to support the implementation of President Biden’s Executive Order 14012 to promote naturalization. It is guided by the principles of the Interagency Strategy for Promoting Naturalization. USCIS has selected eight community leaders across the U.S. to connect with aspiring citizens.
Specific content can be found here:
https://www.uscis.gov/newsroom/news-releases/uscis-announces-new-citizenship-ambassador-initiative
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July 19, 2022
The second phase of the premium processing expansion is implemented by USCIS for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This phase only applies to certain previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). To request a premium processing upgrade, petitioners must file Form I-907, Request for Premium Processing Service. Beginning August 1, 2022, USCIS will accept Form I-907 requests for E13 multinational executive and manager petitions received on or before July 1, 2021, and E21 NIW petitions received on or before August 1, 2021.
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July 19, 2022
This month, USCIS issued a memorandum to restore a process that had previously been available for years until the Trump administration changed it. The process allows immigrants that have entered the U.S. illegally but who now have Temporary Protected Status (TPS) to travel outside the U.S. and upon return be officially inspected and admitted back into the country. If the person is married to a U.S. citizen or has a child over 21 who is a U.S. citizen, they could apply for a green card through family sponsorship. Immigration lawyers estimate thousands of TPS holders could benefit from this policy. Previously, under the Trump administration, TPS beneficiaries were able to apply for a travel authorization but would return to the U.S. to the same status they had when they left.
Specific content can be found here:
https://www.voanews.com/a/us-restores-path-to-green-card-for-some-tps-holders-/6659070.html
Immigration Law, Green Card, Citizenship
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July 21, 2022
Form I-485 Supplement J was announced by USCIS and will be used to confirm that a job offer in Form I-140, Petition for Alien Worker, remains a bona fide job offer that the applicant intends to accept once the agency approved Form I-485, Application to Register Permanent Residence or Adjust Status. Supplement J can also be used to request job portability under INA section 204(j) to a new, full-time, permanent job offer that the applicant intends to accept once USCIS approves Form I-485. This new job offer must be in the same or similar occupational classification as the job offered to the applicant in Form I-140 which is the basis for their Form I-485.
Specific content can be found here:
https://www.uscis.gov/i-485supj
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July 26, 2022
USCIS announced an update to its policy manual for guidance on evidence that can be used to support a petition for an O-1A nonimmigrant of extraordinary ability with a focus on science, technology, engineering, and mathematics (STEM). USCIS stated that being named on a competitive government grant for STEM research can be a positive factor toward demonstrating that a beneficiary is at the top of their field. O-1 nonimmigrant status is available to people with extraordinary skills in science, arts, business, education, and athletics, and those with a record of extraordinary achievement in the motion picture or television industry.
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July 26, 2022
Through October 23, 2022, USCIS is extending certain flexibilities relating to COVID-19 to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date for Requests for Evidence and Continuations to Request Evidence (N-14) or for notices before taking any action, if the request or notice was issued between March 1, 2020, and October 23, 2022. USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, if the form was filed up to 90 calendar days from the issuance of a decision made by the agency and if that decision was between Nov. 1, 2021, and Oct. 23, 2022.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-extends-covid-19-related-flexibilities
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July 26, 2022
A new identification card is created by the Biden administration for migrant arrivals at the border to access immigration files and eventually be accepted by the Transportation Security Administration for travel. Officials say that the ID card will facilitate accountability in the immigration process. The card is expected to display information such as name and nationality, as well as a QR code to access a portal containing the individual’s relevant immigration information. The goal of the portal is to provide an easier way for individuals to update their information and check in with federal authorities as they go through the immigration process. The Department of Homeland Security aims to pilot the program by the end of the year.
Specific content can be found here:
https://www.cnn.com/2022/07/22/politics/ice-immigrants-id-card-migrants-border/index.html
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August 2, 2022
Receipts for Form I-589, Application for Asylum, and for Withholding of Removal are experiencing delays. Due to the delays, applicants may not receive a receipt notice in a timely manner after Form I-589 is properly filed. Properly filing Form I-589 allows USCIS to process forms with fewer delays. For purposes of the asylum one-year filing deadline, affirmative asylum interview scheduling priorities, and Employment Authorization Document eligibility based on a pending asylum application, the applicant’s filing date will still be the date that USCIS received the properly filed Form I-589. If this form is not properly filed, the agency will reject it and note any deficiencies.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/information-on-form-i-589-intake-and-processing-delays
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August 2, 2022
Additional resources have been published by USCIS on the agency’s website to provide an overview of some of the temporary and permanent pathways for noncitizens to work in the U.S. in the fields of science, technology, engineering, and math (STEM). The guide highlights some of the most important considerations for STEM professionals who want to work in the United States. The new pages include options for noncitizens STEM professionals to work in the U.S.; nonimmigrant pathways for STEM employment in the U.S.; and immigrant pathways for STEM employment in the U.S.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/new-stem-resources-available-on-uscis-website
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August 4, 2022
Form I-941, Application for Entrepreneur Parole has been updated by USCIS. This form is to be used if you are an entrepreneur and want to: make an initial request for parole based upon significant public benefit; make a subsequent request for parole for an additional period, or file an amended application to notify the agency of a material change. USCIS provides a checklist for applicants to read through before submitting Form I-941. The filing fee for this form is $1,200 plus a biometric services fee of $85. Beginning Oct. 3, 2022, USCIS will only accept the 07/21/22 edition of this form. Until then, applicants can also use the 04/24/19 edition.
Specific content can be found here:
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August 4, 2022
USCIS policy manual was published and updated to explain that a current or former service member who received an uncharacterized discharge may be eligible for naturalization under sections 328 and 329 of the Immigration and Naturalization Act (INA). USCIS previously interpreted the requirement for a separation “under honorable conditions” in INA 328 and INA 329 to require a separation characterized as either Honorable or General-Under Honorable Conditions. The policy guidance changes the USCIS interpretation of “under honorable conditions” to encompass Uncharacterized discharges as well as Honorable and General-Under Honorable Conditions discharges.
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August 11, 2022
The COVID-19 vaccination requirements for Uniting for Ukraine parolees have been updated by the U.S. Department of Homeland Security. All beneficiaries ages 6 months and older must have proof that they have received the COVID-19 vaccinations both before traveling to the U.S. and after arrival in the U.S., unless eligible under an exception. Before traveling to the U.S. under Uniting for Ukraine, all beneficiaries 6 months and older must submit proof that they have received at least 1 dose of the vaccine. After being paroled into the U.S. through this program, beneficiaries must submit documentation of their completed COVID-19 vaccination series within 90 days of arrival or within 90 days of reaching the eligible age.
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August 18, 2022
A new edition and further information about Form I-602, Application by Refugee for Waiver of Inadmissibility Grounds were released by USCIS. The form is to be used for applicants that are a refugee who has been found inadmissible to the U.S. for reasons such as felony conviction or health conditions and wishes to apply for a waiver of inadmissibility for humanitarian reasons, family unity, or national interest. USCIS provides guidelines about where to file Form I-602 for those who already have or plan to file Form I-730, Refugee/Asylee Relative Position or Form I-485, Application to Register Permanent Residence or Adjust Status.
Specific content can be found here:
Immigration Law, Asylum, Refugees
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August 18, 2022
Many applicants have been experiencing long delays with no substantive updates even when USCIS was required by regulation to process work permits for asylum-seekers within 30 days of receipt. The last three weeks of February had 93 percent of applications processed by the agency pending 30 days or fewer. During March, that fell to 68 percent, 41 percent in April, 21 percent in May, 6 percent in June, and less than 5 percent in July. Recently, the majority of applications USCIS processed over the past three months had been pending for more than 120 days. The delays have been leaving asylum-seekers with work uncertainty and concern about how they will be able to provide for themselves.
Specific content can be found here:
https://rollcall.com/2022/08/10/asylum-seekers-face-delays-on-recent-work-permit-applications/
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August 25, 2022
The Department has issued a final rule that will preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy for certain eligible noncitizens who arrived in the U.S. as children, deferring their removal and allowing them to have a renewable, two-year work permit. The rule will continue the DACA policy as it was announced in the 2012 Napolitano Memorandum and is based on longstanding USCIS practice. The rule will maintain that DACA recipients should not be a priority for removal. This announcement still recognizes that DACA is not a form of lawful status rather its recipients are considered “lawfully present” for certain purposes.
Specific content can be found here:
https://www.uscis.gov/newsroom/news-releases/dhs-issues-regulation-to-preserve-and-fortify-daca
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August 25, 2022
For fiscal year (FY) 2023, USCIS has reached enough petitions for the mandated 65,000 H-1B Visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption. The agency has sent non-selection notifications to applicants’ online accounts. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been previously counted against the cap and still have their cap number are exempt from the FY 2023 H-1B cap.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-reaches-fiscal-year-2023-h-1b-cap
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August 25, 2022
According to apnews.com, a new policy was announced earlier this week by California Gov. Gavin Newsom that the state will continue to provide government-funded health insurance for about 40,000 low-income adults living in the U.S. illegally. The state currently pays for the health care of low-income adults 25 and younger, regardless of immigration status. A new policy will begin in January 2024 to extend the benefits of this program for all adults who would qualify for their state’s Medicaid, but for their immigration status. Between the time when the new law takes effect in 2024 and now, about 40,000 young adults who already have Medicaid in California would lose their benefits because they would turn older than 25. With the recent announcement, the state will continue to cover these young adults so they will not lose their benefits.
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September 1, 2022
In the USCIS Policy Manual, U.S. Citizenship and Immigration Services is updating its policy guidance to reorganize and expand on existing guidance for special immigrant and nonimmigrant religious workers. The update clarifies the special immigrant religious worker guidance and provides comprehensive information about the special immigrant religious worker filing process, verification of evidence, and the site-inspection process. For both special immigrant and R-1 nonimmigrant religious worker petitions, the update describes the circumstances under which certain related petitioners may meet compensation requirements.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-related-to-religious-workers
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September 6, 2022
USCIS published a Federal Register notice for the extension and expansion of eligibility for Deferred Enforced Departure (DED) for Liberians and explains how eligible Liberians may apply for Employment Authorization Documents (EADs). On June 27, President Joe Biden issued a memorandum to extend and expand DED for Liberians for 24 months. Eligible Liberian nationals covered under DED as of June 30, 2022, may remain in the U.S. through June 30, 2024. The memorandum also defers the removal of any Liberian national, or individual without nationality who last resided in Liberia, who has been continuously physically present in the U.S. since May 20, 2017, and meets DED eligibility criteria.
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August 8, 2022
A revised edition of Form I-589, Application for Asylum and for Withholding of Removal, and Form I-765, Application for Employment Authorization were released by USCIS. Effective November 7, 2022, the agency will only accept the 07/26/22 editions of Form I-589 and Form I-765. On Feb 7, 2022, in Asylumworks et al. v. Mayorkas et al., the U.S. District Court for the District of Columbia vacated two rules for asylum applicants. Effective Fed. 8, 2022, USCIS stopped applying the June 22, 2020, final rule, Removal of 30-Day Processing provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications, and the June 26, 2020, final rule, Asylum Application, Interview, and Employment Authorization for Applicants.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-released-revised-editions-of-forms-i-589-and-i-765
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August 8, 2022
Form I-589 is used for asylum and for withholding of removal in the U.S.The form was formerly called “withholding of deportation” but is now called Form I-589, Application for Asylum and for Withholding of Removal. Applicants may file for asylum if they are physically in the U.S. and are not U.S. citizens. Those who fail to file Form I-589 within one year of their arrival in the U.S., may not be eligible to apply for asylum under section 208(a)(2)(B) of the Immigration and Nationality Act (INA). When filing Form I-589, applicants must include a letter explaining why they are filing with the Asylum Vetting Center and identify what category they are filing under.
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August 8, 2022
An update to Form I-765, Application for Employment Authorization was announced by USCIS Certain noncitizens who are in the U.S. may file this form to request an Employment Authorization Document (EAD). Other noncitizens whose immigration status authorizes them to work in the U.S. without restrictions may also use Form I-765 to apply for an EAD that shows such authorization. Starting Nov. 7, 2022, USCIS will only accept the 07/26/22 edition. Until then, applicants can use the 05/31/22 and 08/25/20 editions.
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September 15, 2022
USCIS has reached its congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of the fiscal year (FY) 2023. Sept. 12, 2022, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2023. USCIS will continue to accept H-2B petitions that are exempt from the cap including petitions for current H-2B workers in the U.S. who extend their stay, change employers, or change the terms and conditions of their employment; fish roe processors, fish roe technicians, or supervisors of fish roe processing; and workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam from Nov. 28, 2009, until Dec. 31, 2029.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-reaches-h-2b-cap-for-first-half-of-fy-2023
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September 20, 2022
The next phase of premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications implemented by USCIS. This phase applies to certain previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). Those wishing to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service. Starting Sept. 15, 2022, USCIS will accept Form I-907 requests for E13 multinational executive and manager petitions received before Jan. 1, 2022, and E21 NIW petitions received on or before Feb. 1, 2022.
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September 22, 2022
The publication of a final rule of the Department of Homeland Security was announced to restore asylum regulations consistent with the vacatur of the U.S. District Court for the District of Columbia in Asylumworks et al. v. Mayorkas et al. The final rule is effective starting Feb. 7, 2022. On Feb. 7, 2022, the federal district court vacated the Timeline Repeal rule and Broader Asylum EAD rule, and effective Feb 8, USCIS stopped applying these rules to asylum applicants. USCIS is instead applying the provisions in place before the rules took effect in August 2020. This applies to Form I-589, Application for Asylum and Withholding of Removal, and Form I-765, Application for Employment Authorization, pending with USCIS as of Feb. 8, 2022, or received on or after that date.
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September 22, 2022
According to axious.com, in Washington state, undocumented immigrants can now apply for a new fund that will provide them with financial aid. The state legislature initially budgeted $340 million for the immigrant aid fund in 2021 but the money was not distributed. State officials had to focus on helping Afghan refugees, resulting in the immigrant relief fund being delayed. Now, undocumented immigrants in Washington can apply to receive a check or prepared debit card through immigrantreliefwa.org from now until Nov. 14. Applicants must be ineligible for unemployment benefits or federal stimulus payments due to their immigration status. Also, applicants must live in Washington, be over the age of 18, and have been impacted by the COVID-19 pandemic.
Specific contents can be found here:
https://www.axios.com/local/seattle/2022/09/20/delayed-immigrant-relief-applications-washington
https://immigrantreliefwa.org/
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September 27, 2022
According to gothamist.com news, low-income immigrants in New York who are facing deportation would be provided with legal help under a new bill recently proposed by two state lawmakers. The Access to Representation Act would allow for immigrants in New York to have a right to legal counsel, becoming the first state to establish this right for those facing their immigration proceedings. The bill is estimated to cost around $300 million. Immigration advocates have constantly pushed for a right to legal counsel in these civil federal proceedings.
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September 27, 2022
A settlement agreement between the U.S. Army and class members of the civil action Calixto v. Department of the Army was notified by USCIS on September 22, 2022. The Calixto settlement agreement affects the policies USCIS has for military naturalization and the agency is reviewing policy changes based on the terms of the recent settlement. The agency will soon provide guidelines for Calixto class members who may be eligible for military naturalization under section 329 of the Immigration and Nationality Act.
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September 29, 2022
On or after October 1, 2022, USCIS announced they will no longer accept CW-1 petitions filed by employers in the Commonwealth of the Northern Mariana Islands (the CNMI) under the Disaster Recovery Workforce Act. The Further Consolidated Appropriations Act, 2020 included the Disaster Recovery Workforce Act, Title IX, Div. P, Pub. L. 116-94. The Disaster Recovery Workforce Act increased the CW-1 cap by 3,000 for fiscal years 2020, 2021, and 2022 for certain workers with construction and extraction occupations that were performing service or labor directly connected to or associated with recovery from major disasters or emergencies declared by the president or for preparation for a future disaster or emergency.
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September 29, 2022
Beginning September 26, USCIS is automatically extending the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card. The language in the Form I-90 receipt notice has been updated to provide notice of the 24-month validity extension. The updated receipt notices with the new extension can be presented with an expired Green Card as evidence of continued status. The agency anticipates that this extension will help applicants who experience longer processing times because they will receive proof of lawful permanent resident status as they await their renewed Green Card.
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October 4, 2022
The temporary waiver of the requirement is being extended by USCIS. Civil surgeons must sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an individual applies for the underlying immigration benefit. The waiver was originally effective until Sept. 30, 2022, but USCIS has extended it until March 31, 2023, to ease the processing delays and other difficulties in timely completing the immigration medical examination. The waiver applies to all Forms I-693 associated with applications for underlying immigration benefits that have not been adjudicated, regardless of whether an application was submitted to USCIS or when a civil surgeon signed the form.
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October 11, 2022
An update to the policy manual was published by USCIS as a result of a settlement agreement in Calixto v. Department of the Army, known as the Calixto Agreement. In this agreement, effective September 22, 2022, the U.S. Army agreed to certify Form N-426, Request for Certification of Military or Naval Service, for Calixto class members. These class members can become eligible for naturalization under section 329 of the Immigration and Nationality Act (INA), even before attending initial entry training. Calixto members are individuals who enlisted in the U.S. Army as part of the Military Accessions Vital to National Interest pilot program on or before Sept. 30, 2017, who were not discharged as of Sept. 22, 2022, or had received a discharge that was not characterized as honorable, general under honorable conditions, other than honorable conditions, bad conduct, or dishonorable.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-updates-military-naturalization-guidance-for-calixto-class-members
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October 13, 2022
Policy guidance in its manual based on the vacatur of the EB-5 Modernization Rule and the EB-5 Reform and Integrity Act of 2022 has been issued by USCIS. Policy highlights include removing the provisions in the EB-5 Modernization Rule that a federal court vacated on June 22, 2021. Included in the update is that now an applicant may file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with, or subsequent to, a Form I-526, Immigrant Petition by Standalone Investor, where a visa is immediately available. The investment amounts and targeted employment area designation process has been revised. The update also changed the name of Form I-526 throughout Volumes 7 and 8 to the current name, Immigrant Petition by Standalone Investor.
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October 18, 2022
The Department of Labor (DOL) has come to an agreement with the Department of Homeland Security (DHS) that it will be issuing a regulation that will make available to employers an additional 64,716 temporary nonagricultural worker visas for fiscal year (FY) 2023, along with the 66,000 H-2B visas that are typically available each fiscal year. By implementing these additional visas, DHS aims to help employers gain more seasonal workers. DHS and DOL are working together to create protections for U.S. and foreign workers alike and ensuring that employers first seek out and recruit American workers for the jobs to be filled, as required by the program, and that foreign workers are not exploited by their employers. Along with the additional H-2B visas, DHS and DOL are creating a new White House-convened Worker Protection Taskforce.
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October 20, 2022
USCIS announced updated policy guidance to clarify and conform with the revision of Form N-648, Medical Certification for Disability Exceptions. Form N-648 has been shortened and simplified consistent with the Biden administration’s goal of removing barriers to legal immigration under Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans. New telehealth guidelines were also added to further remove barriers for applicants and medical professionals. The revisions are also in response to the administration’s goal to remove barriers for underserved populations under Executive Order 13985, Advancing Racial and Equity and Support for Underserved Communities Through the Federal Government.
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October 25, 2022
Form N-648, Medical Certification for Disability has been published by USCIS, to be used for those applying for U.S. citizenship and need to request an exception to the English and civics testing requirements for naturalization due to physical or developmental disability or mental impairment. This form may be submitted with the completed Form N-400, Application for Naturalization, or separately at a later date. A medical professional should complete your Form N-648 no more than 180 days before you file your naturalization application.
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October 25, 2022
Certain COVID-19-related flexibilities are being extended by USCIS through Jan. 24, 2023. This extension is aimed to help applicants, petitioners, and requesters. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in specific requests or notices listed by the agency, if the request or notice was issued between March 1, 2020, and Jan. 24, 2023. This includes Requests for Evidence; Continuations to Request Evidence; Notices of Intent to Deny; Notices of Intent to Revoke; Notices of Intent to Rescind; Notices of Intent to Terminate regional centers; Notices of Intent to withdraw Temporary Protected Status; and Motions to Reopen an N-400 Pursuant to 8 CFR 335.5.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-extends-covid-19-related-flexibilities-0
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October 27, 2022
The naturalization process has been changed by USCIS to be more accessible for applicants with disabilities. The agency has shortened and simplified the disability waiver used to exempt immigrants with physical, mental, or learning disabilities from the English and civics test requirements. These changes undo some efforts from the Trump administration to expand requirements for disabled applicants seeking to naturalize. Another change also allows applicants who did not properly complete their waiver the ability to now resubmit their form with updated information rather than fill out all new paperwork.
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November 1, 2022
USCIS is clarifying its current policy on implementing the requirement that workers leave the U.S. for at least 30 days after two renewals of their CNMI-Only Transitional Worker (CW-1) visa classification. Effective immediately, the only CW-1 petitions the agency will classify as consecutive petitions for purposes of the temporary departure requirement are approved CW-1 petitions that have a starting validity date on or after June 18, 2020. Any extension of CW-1 status granted on or after June 18, 2020, will be considered a consecutive petition if the extension has a starting validity date on or after that date.
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November 3, 2022
On August 19, it was announced by the U.S. Department of Education that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This loss of recognition affects two immigration-related student programs, including English language study programs and F-1 students applying for 24-month science, technology, engineering, and mathematics (STEM) optional practical training extension. For the F-1 students, the regulations require them to use a degree from an accredited, Student and Exchange Visitor Program-certified school for their STEM OPT extension. The school must be accredited at the time of the application. The loss of recognition means that colleges and universities solely accredited by ACICS are no longer accredited institutions and any degrees conferred by those schools on or after Aug. 19, 2022, will no longer qualify as a U.S. degree in terms of qualifying for the H-1B advanced degree exemption or for beneficiary requirements at 8 CFR 214.2(h)(4)(iii)(C)(1).
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November 3, 2022
An updated Form I-134, Declaration of Financial Support was released by USCIS. This form is used to agree to provide financial support to a beneficiary of certain immigration benefits for the duration of their temporary stay in the United States. To file Form I-134, you must be located in the United States. Ukrainians and Venezuelans seeking parole under Uniting for Ukraine or the process for Venezuelans may not file Form I-134 on their own behalf. Included in the form must be the name of the beneficiary. Applicants must file separate Form I-134 for each beneficiary you are planning to support, including minor children.
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November 8, 2022
Form I-821D, Consideration of Deferred Action for Childhood Arrivals was released by USCIS, to be used for applicants requesting that the agency consider granting or renewing deferred action on a case-by-case basis using guidelines described in the final rule. Deferred action is an act of prosecutorial discretion to defer the removal of an individual. Those who receive deferred action will not be removed from the U.S. for a specified period of time unless the Department of Homeland Security chooses to terminate the grant of deferred action. Those who file Form I-821D must also file Form I-765, Application for Employment Authorization, and Form I-765WS, Worksheet.
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November 8, 2022
Form I-131, Application for Travel Document was released by USCIS to be used to apply for a re-entry permit, refugee travel document, TPS travel authorization document, advance parole travel document, or advance permission to travel for Commonwealth of the Northern Mariana Islands (CNMI) long-term residents. Individuals who file this form to request an advance parole document and depart the U.S. without having an advance parole document that is valid for the entire time they are abroad, USCIS will consider their Form I-131 abandoned. Those who file this form to request advance permission to travel for CNMI long-term residents document and depart the CNMI without having an advance permission travel document will have their status automatically terminated.
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November 10, 2022
Form I-589, Application for Asylum and for Withholding of Removal was announced by USCIS announced to file online for certain affirmative asylum applicants. The agency has decided to make this form available to file online to have its operations run more efficiently and effectively. USCIS will continue to accept the latest paper version of this form by mail. To file online, the applicant must first review the instructions on the USCIS website to determine whether their application may be submitted electronically. To file an online Form I-589, the applicant must create a USCIS online account, where individuals are provided a secure method to submit forms and track their status of pending USCIS immigration requests throughout the adjudication process.
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November 17, 2022
Form I-589, Application for Asylum and for Withholding of Removal should be used when applying for asylum in the U.S. and for withholding of removal. This form can be filed if the applicant is not physically present in the U.S. and is not a U.S. citizen. If the applicant fails to file Form I-589 within one year of arrival in the U.S. they may not be eligible to apply for asylum under section 208(a)(2)(B) of the Immigration and Nationality Act (INA).
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November 17, 2022
Through June 2024, the Temporary Protected Status (TPS) will continue. This announcement will protect over 335,000 immigrants from deportation. TPS protects immigrants who are unable to return to their home countries due to a humanitarian crisis such as an armed conflict or a natural disaster. Many TPS recipients have lived in the U.S. for years due to multiple extensions of the protections for certain counties. TPS does not provide a direct pathway to U.S. citizenship.
Specific content can be found here:
https://www.npr.org/2022/11/15/1136641841/temporary-protected-status-extended-trump-biden
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November 22, 2022
An update to Form I-131A, Application for Travel Document was issued by USCIS. This form is to be used if you are a lawful permanent resident (LPR) and wish to apply for a travel document that allows you to board an airline or other transportation carrier without the airline or transportation carrier being penalized. This form should also be used for those who are not an LPR or a conditional LPR, but you have received a Form I-512/Form I-512L, or Form I-766, with a travel endorsement that was lost, stolen, damaged, or destroyed while you were overseas and wish to apply for a travel document that allows you to board an airline or other transportation carrier without the airline or transportation carrier being penalized.
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November 29, 2022
USCIS will be extending and expanding previously announced filing fee exemptions and expedited application processing for certain Afghan nationals. This is to help Afghan nationals resettle and reunite with family in the U.S. by allowing USCIS to process their requests for work authorization, long-term status, status for immediate relatives, and associated services more quickly.
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December 1, 2022
According to USCIS Form I-907, Request for Premium Processing Service should be used for those requesting faster processing of Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Workers. Premium processing for Form I-129 R-1 classification is only eligible after the petitioner passes an on-site inspection. You may file your request for Premium Processing Service with the applicable petition or application. This form can also be filed after you file the applicable petition or application, as long as USCIS has not made a final decision on the applicable petition or application.
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December 1, 2022
Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322 was released by USCIS. This form is to be used to apply for citizenship based on a U.S. parent for children who regularly reside outside the United States. The form can be filed online or by mail. The filing fee is $1,170 and can be paid with a money order, personal check, or cashier’s check. Part 1 of the form requires information about the child’s eligibility and the form must be signed by the applicant. Any unsigned form will be rejected.
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December 1, 2022
An update to Form N-400, Application for Naturalization was announced by USCIS. This form is used to apply for U.S. citizenship and can be filed by mail or online. You may file Form N-400 90 calendar days before you complete your continuous residence requirement if your eligibility for naturalization is based upon being a permanent resident for at least 5 years or permanent resident for at least 3 years if you are married to a U.S. citizen.
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December 6, 2022
Form N-470, Application to Preserve Residence for Naturalization Purposes was released by USCIS if you are a lawful permanent resident who must leave the U.S. for a period of one year or longer to engage in qualifying employment and you want to preserve your residence to pursue naturalization. In general, you must have been physically present in the U.S. as an LPR for an uninterrupted period of at least one year prior to working outside the country. If you are eligible for naturalization under section 319(b) of the Immigration and Nationality Act because you are married to a U.S. citizen working for certain organizations overseas, you are exempt from establishing the naturalization residency and physical presence requirements and will not need to file Form N-470.
Specific content can be found here:
https://www.uscis.gov/n-470
December 9, 2022
USCIS updated its Policy Manual to help naturalization applicants who experience longer processing times because they will receive an extension of lawful permanent resident (LPR) status and may not need to file Form I-90, Application to Replace Permanent Resident Card (Green Card). LPRs who properly file Form N-400, Application for Naturalization may receive this extension without regard to whether they filed Form I-90. USCIS will update the language on Form N-400 receipt notices to extend Green Cards for up to 24 months for these applicants. The receipt notice can be presented with the expired Green Card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9) if presented before the expiration of the 24-month extension period provided in the notice.
Prior to this change, under USCIS policy, naturalization applicants who did not apply for naturalization at least six months before their Green Card expiration date needed to file Form I-90, Application to Replace Permanent Resident Card (Green Card), to maintain proper documentation of their lawful status. Applicants who applied for naturalization at least six months prior to their Green Card expiration were eligible to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of their LPR status. This policy was based on the processing goal of 180 days or six months for Form N-400s, which would make filing Form I-90 unnecessary for applicants who filed at least six months before their Green Card expiration date. This policy update recognizes USCIS’ current processing times while improving flexibility and efficiency by reducing the number of ADIT stamp appointments in field offices and the number of Form I-90s filed, which allows for these resources to be focused on other immigration benefits adjudications.
The extension will apply to all applicants who file Form N-400 on or after Dec. 12, 2022. LPRs who filed for naturalization prior to Dec. 12 will not receive a Form N-400 receipt notice with the extension. If their Green Card expires, they generally must still file Form I-90 or receive an ADIT stamp in their passport, in order to maintain valid evidence of their lawful permanent resident status. Lawful permanent residents who lose their Green Card generally must still file Form I-90, even if they have applied for naturalization and received the automatic extension under this updated policy. This is because noncitizens must carry within their personal possession proof of registration, such as the Green Card and any evidence of extensions, or may be subject to criminal prosecution under INA 264(e). Applicants who require an ADIT stamp may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center.
Specific content can be found here:
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20221209-ExtendingPRC.pdf
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December 15, 2022
USCIS plans to conduct a trial for updates to the current naturalization test. The naturalization test has four sections which include reading, writing, civics, and the ability to speak English. The reading and writing components are standard. The purposes of the trial are to test a civics component with an updated format and content and a newly developed English-speaking component that could become standard. The updates to the naturalization test that will be assessed during the trial are based on feedback from stakeholders about the standardization and structure of the test.
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December 20, 2022
It was announced by USCIS that all noncitizens in the U.S. must report a change of address to the agency within 10 days (except A and G visa holders and visa waiver visitors) of moving. There are two ways you can change your address with USCIS: through your USCIS online account if you filed your form online; or by submitting Form AR-11, Alien’s Change of Address Card, online. Changing your address with the U.S. Postal Service will not change your address with USCIS or with the Executive Office of Immigration Review or if you have an active or pending court case.
Specific content can be found here:
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December 20, 2022
On Dec. 23, 2022, the Public Charge of Inadmissibility final rule will go into effect. This final rule provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. This final rule restores the historical understanding of a “public charge” that had been in place for decades before the previous administration began to consider supplemental public health benefits such as Medicaid and nutritional assistance as part of the public charge inadmissibility determination.
When making a public charge inadmissibility determination under this final rule, DHS will consider an applicant’s “age; health; family status; assets, resources, and financial status; education and skills;” a sufficient Affidavit of Support Under Section 213A of the INA (when one is required); and prior or current receipt of supplemental Security Income (SSI); cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or long-term institutionalization at government expense.
DHS will not consider receipt of noncash benefits (for example, Supplemental Nutrition Assistance Program, public housing, school lunch programs, etc.) other than long-term institutionalization at government expense.
A Policy Manual update provides guidance to USCIS officers on how to implement this regulation fairly and consistently and informs the public about how the rule will be implemented. USCIS will begin applying the policy guidance on Dec. 23, 2022, to applications filed (or electronically submitted, if applicable) on or after that date.
We have published the 12/23/22 edition of Form I-485, Application to Register Permanent Residence or Adjust Status for applicants to prepare their applications in advance of Dec. 23, 2022. DO NOT file the 12/23/22 edition of Form I-485 before Dec. 23, 2022. We will reject any Form I-485 with the edition date of 12/23/22 filed before Dec. 23, 2022.
What to Know About Sending Us Your Form
Additional information, including FAQs and an infographic, is available on the Public Charge Resources page.
Specific content can be found here:
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
https://www.uscis.gov/policy-manual/volume-8-part-g
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20221219-PublicChargeFinalRule.pdf
https://www.uscis.gov/sites/default/files/document/flyers/PublicChargeFinalRule2022_Infographic_V4_508.pdf
https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/public-charge-resources
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December 22, 2022
For nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily USCIS is providing information. These workers may have several options for remaining in the U.S. for a period of authorized stay based on existing rules and regulations. The USCIS website provides a compilation of options that may be available to nonimmigrant workers seeking to remain in the U.S. for a period of authorized time following terminations.
Specific content can be found here:
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December 27, 2022
A new addition for Form I-945, Public Charge Bond was announced by USCIS, which is to be used if the agency determines that an applicant is deterred inadmissible based on the public charge ground, but is otherwise admissible, the applicant may be admitted in the discretion of the secretary of homeland security after posting a suitable and proper bond. Before an applicant can post a public charge bond, the USCIS must invite them to do so. The public charge bond is posted as security for the performance and fulfillment of the financial obligations of a bonded noncitizen to the U.S. government.
Specific content can be found here:
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December 27, 2022
A new addition to Form I-356, Request for Cancellation of Public Charge Bond was announced by USCIS, which should be used to request the cancellation of a public charge bond that was submitted on behalf of a noncitizen on Form I-945, Public Charge Bond. Form I-356 can be submitted to request cancellation of the public charge bond by the noncitizen on whose behalf the public charge bond was posted, the noncitizen’s attorney or accredited representative if any, or, if the noncitizen is deceased, the executor of the noncitizen’s estate.
Specific content can be found here:
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December 28, 2022
According to cnn.com, the U.S. asylum backlog has reached nearly 1.6 million pending applications in U.S. immigration courts and at USCIS. This is the largest number of pending asylum applications on record. There has been over a seven-fold increase in asylum cases from the fiscal year 2012, where there were 100,000 cases pending, whereas, by the end of the fiscal year 2022, the backlog grew to over 750,000. Asylum seekers range from 219 different countries and speak 418 different languages. The overall average length an asylum seeker waits for a hearing is about 4.3 years, but in Omaha, Nebraska, the wait averages 5.9 years, with the longest delay. A majority of asylum seekers are being monitored electronically through the Department of Homeland Security’s Alternative to Detention program, but a small portion is being held in ICE detention.
Specific content can be found here:
https://www.cnn.com/2022/12/26/us/asylum-backlog-highest-record/index.html
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December 28, 2022
A new addition to Form I-485, Application to Register Permanent Residence or Adjust Status was announced by USCIS. If you file this form on or after Dec. 23, 2022, you must file the 12/23/22 edition of the form or USCIS will reject your filing. Form I-485 is to be used by a person in the U.S. to apply for lawful permanent resident status.
Specific content can be found here:
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December 28, 2022
According to yahoo.com the recent increase in tech layoffs, H-1B visa holders are struggling to figure out their next steps. The temporary H-1B work visa allows American employers to hire foreign workers for skilled jobs. When a worker with an H-1B visa is laid off, they only have 60 days to secure a new job or risk deportation. The layoffs have put renewed pressure on Washington to reconsider the limitations of U.S. immigration policies around high-skilled labor. Tahmina Watson, founding attorney for Watson Immigration Law in Seattle argues the 60-day grace period is too short, especially during an economic downturn when jobs are more difficult to find.
Specific content can be found here:
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January 3, 2023
A new addition to Form I-945, Public Charge Bond was announced by USCIS, which is to be used if the agency determines that an applicant is deterred inadmissible based on the public charge ground, but is otherwise admissible, the applicant may be admitted in the discretion of the secretary of homeland security after posting a suitable and proper bond. Before an applicant can post a public charge bond, the USCIS must invite them to do so. The public charge bond is posted as security for the performance and fulfillment of the financial obligations of a bonded noncitizen to the U.S. government.
Specific content can be found here:
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January 3, 2023
Form I-129, Petition for a Nonimmigrant Worker was updated by USCIS. Petitioners can use this form to file on behalf of a nonimmigrant worker to come to the U.S. temporarily to perform services or labor, or to receive training, as an H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. Petitioners can also use this form to request an extension of stay or change of status to E-1, E-2, E-3, H-1B1, or TN, or an above classification for a noncitizen.
Specific content can be found here:
Immigration Law, H-1B Visa, H-2B Visa
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January 4, 2023
A Notice of Proposed Rulemaking to adjust certain immigration and naturalization benefit request fees was published by USCIS. The new fees will be used by USCIS to fully recover its operating costs, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs. A majority of the funding USCIS receives is from filing fees, not congressional appropriations. The proposed fee rule is the result of a comprehensive fee review at USCIS. The review determined that the agency’s current fees fall short of recovering the full cost of agency operations.
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January 5, 2023
Form I-956K, Registration for Direct and Third-Party Promoters was published by USCIS. The EB-5 Reform and Integrity Act of 2022 added the requirement for direct and third-party promoters to register with USCIS. Each person acting as a direct or third-party promoter of the following must complete Form I-956K: a regional center; a new commercial enterprise; an affiliated job-creating entity; or an issuer of securities intended to be offered to immigrant investors in connection with a particular capital investment project. Form I-956K has no filing fee.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-releases-new-immigrant-investor-form
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January 5, 2023
The filing location for Form I-730, Refugee/Asylee Relative Petition was changed by USCIS to streamline workloads in the constantly developing electronic environment. Before, this petition would be filed either at the Texas Service Center or the Nebraska Service Center depending on where the petitioner resides. Now, with this new change, all Form I-730 petitions should be filed at the Texas Service Center. This change went into effect on Jan. 1, 2023. All procedures and adjudicative processes for Form I-730 remain the same, only the filing location has changed.
Specific content can be found here:
Immigration Law, Asylum, Refugees
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January 6, 2023
Form I-956K, Registration for Direct and Third-Party Promoters has been published by USCIS. The EB-5 Reform and Integrity Act of 2022 added the requirement for direct and third-party promoters to register with USCIS. Each person acting as a direct or third-party promoter of the following must complete Form I-956K: a regional center; a new commercial enterprise; an affiliated job-creating entity; or an issuer of securities intended to be offered to immigrant investors in connection with a particular capital investment project. Form I-956K has no filing fee.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-releases-new-immigrant-investor-form
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January 9, 2023
According to bloomberglaw.com, U.S. businesses that use foreign workers are facing concern over proposed fee increases. USCIS has not updated its fees since 2016 but the proposed increases would be used for employment visa applications. The proposed fee increases could have a major impact on small businesses, nonprofits, and educational institutions that hire employees on H-1B visas or sponsor workers for green cards. USCIS is mainly funded by its application fees rather than appropriations and has stated that the increases are necessary for maintaining the agency’s operations at a time of increased migration to the U.S.
Specific content can be found here:
https://news.bloomberglaw.com/daily-labor-report/employers-seeking-foreign-workers-to-feel-squeeze-of-fee-hikes
Immigration Law, H-1B Visa, Green Card
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January 10, 2023
An update to Form I-134, Declaration of Financial Support was announced by USCIS. This form is to be used as an agreement to provide financial support to a beneficiary of certain immigration benefits for the duration of their temporary stay in the United States. Those who file this form must file a separate Form I-134 for each beneficiary. The form requests information regarding the beneficiary’s financial information and assets along with general personal information about the beneficiary.
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January 11, 2023
The U.S. Supreme Court rejected an attempt by a group of Republican state officials to revive a Trump administration policy that barred certain immigrants deemed likely to require government benefits from gaining lawful permanent residency. There was an appeal by 14 Republican state attorneys general of a lower court ruling against their request to keep Trump’s “public charge” rule after President Biden stopped defending the measure and later ended it. The policy was developed by the Trump administration in February 2020 and ended by Biden in March 2021.
Specific content can be found here:
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January 13, 2023
Increased fees raised concern among U.S. businesses that use foreign workers. USCIS has not updated its fees since 2016 but the proposed increases would be used for employment visa applications. The proposed fee increases could have a major impact on small businesses, nonprofits, and educational institutions that hire employees on H-1B visas or sponsor workers for green cards. USCIS is mainly funded by its application fees rather than appropriations and has stated that the increases are necessary for maintaining the agency’s operations at a time of increased migration to the U.S.
Specific content can be found here:
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January 17, 2023
The final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications, has been announced by USCIS. This phase applies to new (initial) petitions, in addition to all previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver. Those who wish to request premium processing must file Form I-907, Request for Premium Processing Service. USCIS will be expanding premium processing to additional form types to increase efficiency and reduce burdens to the legal immigration system.
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January 17, 2023
The U.S. Department of Homeland Security has announced that noncitizen workers who are victims of, or witnesses to, the violation of labor rights, can now access a streamlined and expedited deferred action request process. Deferred action provides protection to noncitizen workers from threats of immigration-related retaliation from exploitative employers. This process will improve the agency’s practice of using its discretionary authority to consider labor and employment agency-related requests for deferred action on a case-by-case basis.
Specific content can be found here:
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January 18, 2023
Earlier this week the first group of migrants approved for the new U.S. sponsorship program arrived in the U.S. The Biden administration launched the new program which allows for up to 30,000 Cubans, Haitians, Nicaraguans, and Venezuelans with U.S. financial sponsors to be able to fly to the U.S. each month. The first arrivals came to the U.S. on Tuesday, five days after the country began accepting applications for the program. More than 600 additional migrants have been vetted and approved to come to the U.S. as of Friday. USCIS has received thousands of applications from prospective sponsors. This program allows for migrants being sponsored to be granted parole which will allow them to legally enter, live and work in the country on humanitarian or public interest grounds.
Specific content can be found here:
https://www.cbsnews.com/news/migrants-us-sponsorship-program-biden-administration/#app
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January 18, 2023
The Department of Homeland Security announced noncitizen workers who witness labor violations now are able to report the violations without fear of their immigration status being held against them. DHS will continue to use the authority from deferred action, which gives non-citizens the ability to work in the U.S. Deferred action provides protection to noncitizen workers from threats of immigration-related retaliation from exploitative employers. DHS said that noncitizen workers often do not report labor violations due to fear of removal or other immigration-related retaliation.
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January 23, 2023
Backlog in immigration cases is an ongoing problem in the U.S. immigration system. The backlog consists of more than 11 million cases across the Department of Justice and the Department of Homeland Security. The 11 million cases are split between the United States Citizenship and Immigration Services office and others inside the Executive Office for Immigration Review. Included in the backlog are a variety of cases such as DACA recipients, asylum seekers, spouses of U.S. citizens, and green card visa applicants. The backlog is mainly a result of the pandemic.
Specific content can be found here:
https://prospect.org/justice/2023-01-19-immigration-case-backlog-title-42/
Immigration Law, Asylum, DACA, Green Card
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January 23, 2023
About 3,000 immigrants were released from Immigration and Customs Enforcement whose personal information was released through an agency data breach. In November, agency officials accidentally posted on ICE’s website the names, birthdates, nationalities, and detention locations of 6,252 immigrants who claimed to be fleeing their home country due to torture or persecution. Immigrant advocates were concerned about this data breach because it could put the safety of these immigrants at risk. The information was up on the agency;s website for about five hours. About 2,900 immigrants named in the leak have been released from ICE custody. An additional 2,200 are still in custody and are having their cases reviewed for possible release.
Specific content can be found here:
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January 24, 2023
Form I-765, Application for Employment Authorization can be filed online for certain asylum applicants. Applicants for employment authorization under category (c)(8), Pending Asylum and Withholding of Removal Applicants and Applicants for Pending Asylum under the ABC Settlement Agreement, may file Form I-765 online. To apply for an Employment Authorization Document under the (c)(8) category, applicants may file the form 150 days after filing an asylum application.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/asylum-applicants-can-now-file-form-i-765-online
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January 24, 2023
The validity of Permanent Resident Cards (also known as Green Cards) is being extended for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card’s expiration date. This change went into effect on January 11, 2023, for Form I-829 and will start on January 25, 2023, for Form I-751. This change is being made to accommodate current processing times for Form I-751 and Form-829.
Specific content can be found here:
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January 25, 2023
Through March 23, 2023, USCIS is extending certain COVID-19-related flexibilities. Currently, these flexibilities allow USCIS to consider a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and March 23, 2023. This includes Requests for Evidence; Continuances to Request Evidence; Notices of Intent to Deny; Notices of Intent to Revoke; Notices of Intent to Rescind; Notices of Intent to Terminate regional centers; Notices of Intent to Withdraw Temporary Protected Status; and Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-extends-covid-19-related-flexibilities-1
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January 25, 2023
The Biden administration has not expanded asylum eligibility due to the record number of migrant arrivals at the southern border. Two weeks into his term as president, Biden gave officials nine months to issue regulations to make it easier for migrants to gain asylum. Two years later, the administration has still not issued rules to make it easier for people to receive asylum, rather the administration has expanded the Trump-era border policy which blocks certain migrants from requesting asylum and adds limits on asylum eligibility. Since Biden commissioned the asylum eligibility rules in an executive order in February 2021, there have been debates over the regulations. Some top administration officials are concerned that the rules could make additional migrants eligible for asylum and make it more difficult to deport them if appropriate.
Specific content can be found here:
https://www.cbsnews.com/news/immigration-biden-asylum-limits-us-mexico-border-arrivals/
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January 30, 2023
Fiscal Year 2023-2026 Strategic Plan was released by USCIS which outlines the agency’s plans to strengthen its capabilities and help the country reach its highest ideals. The plan has three long-term goals aimed to increase access to the nation’s immigration system; promoting and improving the naturalization process; attracting, recruiting, developing, and retaining an effective USCIS workforce; creating a diverse culture; ensuring fiscal solvency; and continuing to develop online filing options. The plan is developed based on USCIS’ longstanding purpose and core values in support of a meaningful commitment to making the U.S. a stronger, more inclusive, and welcoming nation.
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January 30, 2023
On March 17, 2023, USCIS announced that the initial registration period for the fiscal year 2024 H-1B cap will be open. During this time, prospective petitioners and representatives will be able to complete and submit their registrations using the agency’s online registration system. The online account, myUSCIS, will be used to register each beneficiary electronically for the selection process and pay the $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. If USCIS receives enough registrations by March 17, 2023, they will randomly select registrations and send selection notifications to users’ myUSCIS online portals.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/fy-2024-h-1b-cap-initial-registration-period-opens-on-march-1
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January 30, 2023
A U.S. immigration board must decide whether non-U.S. citizens who are perceived to be gay in their home countries can qualify for asylum in the U.S. regardless of their actual sexual orientation. A Guatemalan citizen, Rebeca Cristobal Antonio, reported receiving death threats and was confronted by a mob because they believed she was gay based on what she wore. A three-judge panel of the 9th U.S. Circuit Court of Appeals revived an asylum bid by Antonio. For an applicant to be eligible for asylum in the U.S., they must show a credible fear of persecution in their home country based upon membership in a “cognizable social group.” Antonio’s proposed social group was considered too vague and was dismissed but Antonio appealed and the 9th Circuit granted her petition for review.
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January 31, 2023
USCIS announced new designs to improve the security of Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents (EADs). The agency began issuing the redesigned cards yesterday. The new Green Card and EAD designs contain technology designed to safeguard national security and improve service. The changes include improved detailed artwork; tactile printing; enhanced optically variable ink; highly secure holographic images on both sides of the cards; a layer-reveal feature with a partial window on the back photo box; and data fields displayed in different places
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January 31, 2023
In Las Vegas has The Immigrant Home Foundation been recognized by the U.S. Department of Justice for helping immigrants navigate the immigration system with resources and referrals to handle immigration issues, pursue citizenship, and more. Janette Amador, the organization’s community outreach director explained the nonprofit provides immigrants with petitions for their families to come to the U.S., waivers for those who may be in violation of immigration law, consular processes for those not qualified for a green card, and coordinates with law enforcement to help provide immigration relief for victims of domestic violence. Each year the organization helps about 3,000 applicants for Deferred Action for Childhood Arrivals.
Specific content can be found:
https://lasvegassun.com/news/2023/jan/30/las-vegas-nonprofit-helps-immigrants-navigate-road/
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February 1, 2023
The Biden administration extended a program that protects Hong Kong residents in the U.S. from deportation two weeks prior to the program being set to expire. The Deferred Enforced Departure (DED) for certain Hong Kong citizens was extended for two more years, meaning that those who otherwise would have been deported for overstaying their original visas can now stay in the U.S. until Jan. 26, 2025. The administration also expanded the number of people who may benefit from DED by allowing Hong Kong residents present in the U.S. as of Jan. 26 to apply for the program. The program was first implemented in August 2021 due to concerns about “the significant erosion” of rights and freedoms in Hong Kong, originally granting 3,860 citizens present in the U.S. the right to live and work in the country for 18 months.
Specific content can be found here:
https://www.politico.com/news/2023/01/26/biden-hong-kong-deportation-reprieve-00079585
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February 2, 2023
U.S. Customs and Border Protection expanded its CBP One app to allow migrants to make appointments to request protection at a port of entry. Providers along the border have reported the disadvantages of this app which affect the most vulnerable asylum-seekers who may not have access to a smartphone or WiFi or may not know how to use the platform. The app had been experiencing issues with glitches, limited foreign language options, and a lack of transparency about appointment availability. The app now allows migrants to directly schedule appointments at ports of entry to request the chance to seek asylum. The app also allows Haitians, Venezuelans, Cubans, and Nicaraguans to apply for temporary legal status from their home countries.
Specific content can be found here:
https://rollcall.com/2023/01/31/migrants-grapple-with-government-app-to-make-asylum-appointments/
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February 8, 2023
USCIS has provided clarification in its Policy Manual, which explains that both asylees and refugees must have been physically present in the U.S. for one year while the agency adjudicates their Form I-485, Application to Register Permanent Residence or Adjust Status, rather than at the time they file their adjustment of status application. This applies to all Form I-485 and Form N-400, Application for Naturalization, applications pending on Feb. 2, 2023, and those filed on or after that date. If USCIS is unable to determine whether an applicant satisfies the one-year physical presence requirement by reviewing their file or records at the time the agency adjudicates their Form I-485, USCIS may request additional evidence.
Specific content can be found here:
Immigration Law, Asylum, Citizenship
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February 8, 2023
USCIS is planning on increasing fees for numerous types of applications such as for citizenship naturalization, receiving a green card, or for a work permit. Immigration attorneys fear that the fee increases will place a burden on low-income immigrants, specifically those seeking a green card. USCIS says it needs to increase fees to handle the backlogs and budget cutbacks. The agency mainly relies on the fees it charges to operate and usually updates its fees every few years. Under the new proposal, applying for a green card with biometrics would increase from $1,225 to $1,540.
Specific content can be found here:
https://www.npr.org/2023/02/07/1151702222/immigration-fees-uscis-green-card-applicants-hard-hit
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February 9, 2023,
At the beginning of February 10, 2023, USCIS announced self-petitioning abused spouses, children, and parents must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrants, and Form I-485, Application to Register Permanent Residence or Adjust Status, at the Nebraska Service Center instead of the Vermont Service Center. The addresses have been updated on the Direct Filing Addresses page for these forms. The agency will allow a 30-day grace period for petitioners to file Form I-360 and Form I-485 at the Vermont Service Center. Items must be postmarked on or before March 12, 2023. After this date, USCIS will reject and return any applications sent to the Vermont Service Center.
Specific content can be found here:
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February 10, 2023
According to nytimes.com, Governors of Republican-led states have been sending migrants to Washington D.C., Chicago, and New York City frequently by bus. New York has received close to 44,000 asylum seekers with 12,000 new arrivals during the past month alone. New York has welcomed the migrants, yet the city is unprepared to handle the influx of people. The shelters in the city are already burdened with people and the increase in migrants has caused a severe housing emergency. When Eric Adams first became mayor of New York City, there were roughly 45,000 people in the shelter system, which has now increased by 71 percent totaling 77,000 people. Actual shelter space for migrant arrivals is sparse, resulting in the use of hotels as relief centers.
Specific content can be found here:
https://www.nytimes.com/2023/02/04/nyregion/migrant-crisis-nyc.html
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February 10, 2023
According to nbcnews.com, nearly 600,000 migrants who crossed the U.S.-Mexico border since March 2021 have been released into the U.S. with no charges and no immigration court date. Thousands of migrants also stopped using the program which was supposed to track them. Migrants across the country are now faced with legal limbo because they have no court date to determine whether they can legally stay in the country. Many are unable to work and do not realize they are coming up on their one-year eligibility deadline to apply for asylum. It was first reported that border agents in Rio Grande Valley were instructed to begin releasing migrants without court dates in March 2021, due to border processing centers becoming overcrowded and unable to quickly process children arriving unaccompanied.
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February 13, 2023
When filing Form I-485, Application to Register Permanent Residence or Adjust Status, all required initial evidence and supporting documentation listed under the USCIS “Checklist of Required Initial Evidence” can be filed at the same time. Submitting all required initial evidence and supporting documentation at the same time as Form I-485 is submitted may eliminate the need for USCIS to issue a Request for Evidence to obtain additional evidence and documentation. It may also help avoid adjudication delays if USCIS decides you do not need to be interviewed. It will also save time by submitting Form I-693, Report of Medical Examination and Vaccination Record, when you file Form I-485.
Specific content can be found here:
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February 13, 2023
A pilot program is going to be launched by the State Department that will offer visa renewal options in the U.S. for H-1B specialty occupation workers and other temporary visa holders who are currently required to travel abroad. The program is expected to launch later this year and would allow H-1B workers to renew their visas without leaving the United States and would reduce the workload of consular offices abroad. This stateside renewal option will be available to H and L visa holders and may be expanded in the future. Immigration lawyers and business groups have urged the State Department to add the domestic renewal option to address visa bottlenecks abroad.
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February 15, 2023
USCIS has issued guidance in the USCIS Policy Manual. The update when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age in certain situations under the Child Status Protection Act. For a child to obtain lawful permanent resident status in the U.S. based on their parent’s approved petition for a family-sponsored or employment-based visa, the child generally must be under the age of 21. If the child turns 21 and “ages out” during the immigration process, the child is normally no longer eligible to immigrate with the parent based on the parent’s petition.
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February 16, 2023
According to courant.com hundreds of people submitted testimony on a proposal to extend Connecticut’s Medicaid program to provide health care coverage to immigrants. If passed, this would expand HUSKY medical coverage in 2024 by covering all qualifying low-income residents under the age of 26, regardless of immigration status. This bill is the latest push by immigrant advocates to grant all people the right to health care. Currently, the bill allows for children to qualify for health care until 19, but those not grandfathered in will lack HUSKY access.
Specific content can be found here:
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February 21, 2023
USCIS announced a policy update that will add protections for children of temporary visa holders from losing their legal status while their parents’ green card applications are pending. This update will provide children and young adults with a dependent visa to lock in their age for their application process for a green card. Many of these children are nationals of India and China who are facing long wait times due to the green card backlogs. There are more than 200,000 “documented dreamers” in the U.S. at risk of aging out of legal status at the age of 21 while waiting for permanent residency based on their parents’ green card application.
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February 22, 2023
Form N-565, Application for Replacement Naturalization/Citizenship Document, should be used for applying for a replacement Naturalization Certificate; Certificate of Citizenship; Declaration of Intention; or Repatriation Certificate; or to apply for a special certificate of naturalization as a U.S. citizen to be recognized by a foreign country. Beginning April 21, the agency will only accept the 12/08/21 edition. Until then the 06/13/17 edition can be used. This form can be filed online or by mail.
Specific content can be found here:
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February 22, 2023
According to www.thenation.com, Texas Governor Greg Abbott has been sending thousands of asylum seekers to cities in the U.S. over the past several months. Once asylum seekers arrive in the U.S. they have been facing additional challenges such as navigating numerous regulations, procedures, and assistance programs. There has been a backlog in the immigration courts, with many having to wait up to 10 years for their case to be heard while waiting in the U.S. without status until they are approved or denied.
Specific content can be found here:
https://www.thenation.com/article/society/asylum-seekers-delays-immigration/tnamp/
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February 23, 2023
USCIS is releasing a new Policy Manual to clarify the validity period of employment authorization for F-1 nonimmigrant students experiencing severe economic hardship due to emergent circumstances who are work authorized under the special student relief (SSR) provisions of 8 CFR. The update provides clarification for cases of severe economic hardship due to emergent circumstances, allowing USCIS to grant off-campus SSR employment authorization to an F-1 nonimmigrant student for the duration of the Federal Register notice validity period. This employment authorization does not extend past the student’s academic program end date. The update notes that USCIS may issue employment authorization documents for the duration of the Federal Register notice.
Specific content can be found here:
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February 23, 2023
According to www.axios.com, the Biden administration announced a proposal on Tuesday that would bar migrants from seeking asylum if they try to cross the southern border illegally without first seeking protection in a country they traveled through. The administration hopes to implement this policy due to its “anticipation of a potential surge of migration at the southwest border” after the planned end of the Title 42 pandemic border policies in May. The rule would apply to migrant single adults and families but not to unaccompanied minors.
Specific content can be found here:
https://www.axios.com/2023/02/21/biden-asylum-restrictions-border-mexico
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March 7, 2023
In the USCIS Policy Manual, we are issuing policy guidance to address how we provide mobile biometrics services. The purpose of the new guidance is to reduce barriers for benefit requestors who are unable to attend appointments at Application Support Centers to provide biometrics, such as fingerprints, required for certain benefit requests. The guidance describes the circumstances when we may offer mobile biometrics services and when we may use the services of other agencies closer to the address of the requestor.
Specific content can be found here:
https://www.uscis.gov/policy-manual/volume-1-part-c-chapter-2
Immigration Law, Green Card, Citizenship
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March 7, 2023
U.S. Citizenship and Immigration Services (USCIS) announced the expansion of premium processing for certain F-1 students. For the first time Form I-907, Request for Premium Processing Service, is also available to file online for students seeking optional practical training (OPT) or science, technology, engineering, and mathematics (STEM) OPT.
Specific content can be found here:
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March 16, 2023
Policy guidance was issued by U.S. Citizenship and Immigration Services on how we analyze an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications. Employers seeking to classify prospective or current employees under the first, second, and third preference employment-based immigrant visa classifications that require a job offer must demonstrate their continuing ability to pay the proffered wage to the beneficiary as of the priority date of the immigrant petition. The relevant regulation requires the employer to submit annual reports, federal tax returns, or audited financial statements for each available year from the priority date. If the employer has 100 or more workers, USCIS may instead accept a financial officer statement attesting to the employer’s ability to pay the proffered wage. The updated guidance also details various types of additional evidence employers may submit and explains how USCIS considers any evidence relevant to the employer’s financial strength and the significance of its business activities. Many employers satisfy the ability to pay requirement by submitting payroll records demonstrating that, during the relevant time period, they have been paying the employee at least the proffered wage. The update also adds an appendix containing an overview of common business forms or structures to help officers and stakeholders better understand the types of petitioning entities filing Form I-140 Form, Immigrant Petition for Alien Workers, or Form I-129, Petition for Nonimmigrant Worker. These business forms or structures are also relevant to the new commercial enterprises underlying a Form I-526, Immigrant Petition by Standalone Investor, or Form I-526E, Immigrant Petition by Regional Center Investor. Specifically, the appendix includes information on how different types of businesses are formed, their fundamental characteristics, the various tax forms that each business organization files with the Internal Revenue Service, and basic tax terms. This guidance, contained in Volume 6 of the Policy Manual, is effective immediately upon publication and applies prospectively to petitions filed on or after that date.
Specific content can be found here:
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March 16, 2023
Today, U.S. Citizenship and Immigration Services announced a fourth extension to the temporary final rule (TFR) requiring the use of a USCIS interpreter at certain affirmative asylum interviews. This TFR extends the requirement through Sept. 12, 2023. After that date, affirmative asylum applicants who cannot proceed with the interview in English must provide their own interpreters. We anticipate the federal declaration of a public health emergency for COVID-19 will expire in May 2023. Extending this TFR until after that declaration expires will provide public notice that the TFR is expiring and help ensure an orderly and efficient return to prior practice. Under the TFR, certain asylum applicants must use USCIS’ contract telephonic interpreters instead of bringing their own interpreter to their affirmative asylum interview. USCIS contract interpreters are available in 47 languages, listed on the TFR webpage. There is no fee to use a government-provided interpreter. If an applicant does not speak English or any of the 47 languages listed, they must bring their own interpreter to the affirmative asylum interview. This extension also retains a previous modification providing that in limited circumstances, if a USCIS interpreter is not available, we will either reschedule the affirmative asylum interview or, at our discretion, allow the applicant to provide an interpreter.
Specific content can be found here:
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March 16, 2023
| The biometrics submission requirement with the $85 fee requirement for petitioners filing Form I-526E, Immigrant Petition by Regional Center Investor is being removed at the beginning of March 15. Petitioners no longer need to submit the fee for biometrics services with their Form I-526E. We determined that universal biometrics collection is not necessary under INA 203(b)(5)(H)(iii) in connection with the filing of Form I-526E for all regional center investor petitioners in order to confirm compliance with INA 203(b)(5)(H)(i)-(ii). However, we may request the submission of biometrics from a Form I-526E petitioner as may be necessary under INA 203(b)(5)(H)(iii, 8 CFR 103.2(b)(9), or under other applicable authorities. Since the form’s release in 2022, we have received about 980 Form I-526E petitions filed with the biometrics fee. We will refund these fees in the coming weeks. Petitioners do not need to contact USCIS to request a refund. We have released a revised edition of Form I-526E dated 03/15/23, with updated instructions. Effective May 15, USCIS will accept only the 03/15/23 edition of Form I-526E. Until then, you can submit either the new edition of the previous edition of Form I-526E (dated 06/01/22). The edition date is at the bottom of the page on the form and its accompanying instructions. Petitioners should be aware that the previous edition still contains instructions about the biometrics submission requirement that are no longer accurate. On July 12, 2022, we first published Form I-526E, Immigrant Petition by Regional Center Investor, as part of the EB-5 Reform and Integrity Act of 2022. An investor pooling their investment with one or more qualified immigrants participating in the Regional Center Program uses this form to petition USCIS for status as an immigrant to the United States under section 203(b)(5) of the Immigration and Nationality Act. |
Specific content can be found here:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153&num=0&edition=prelim
https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-103/subpart-A/section-103.2
https://www.uscis.gov/newsroom/alerts/uscis-releases-new-forms-for-immigrant-investor-program-0
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March 20, 2023
Form I-485, Application to Register Permanent Residence or Adjust Status must be filed by U nonimmigrants applying to become lawful permanent residents at the Nebraska Service Center and not at the Vermont Service Center.
USCIS Nebraska Service Center
U.S. Postal Service (USPS):
USCIS
P.O. Box 87426
Lincoln, NE 68501-7526
FedEx, UPS, and DHL deliveries:
USCIS
P.O. Box 87426
Lincoln, NE 68501-7526
We have updated the filing address on the Direct Filing Address for Form I-485, Application to Register Permanent Residence or Adjust Status page.
Applications filed at the Vermont Service Center must be postmarked on or before April 12, 2023. After that date, we will reject and return any application, secure identity documents, and other correspondence to the safe address preferred address, or the address of the attorney or accredited representative if any is listed on an accompanying Form G-28.
Specific content can be found here:
Immigration Law, Green Card, Citizenship
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March 22, 2023
Today, U.S. Citizenship and Immigration Services announced updated policy guidance in the USCIS Policy Manual to clarify and conform with the revision of Form N-429, Request for Certification of Military or Naval Service. The updated policy guidance provides that only applicants filing for naturalization based on military service (INA 328 or 329) who are currently serving in the U.S. armed forces are required to file Form N-426 with their naturalization application.
Former service members applying for naturalization under INA 328 or 329 are no longer required to file Form N-426 with their naturalization application, but they must submit a photocopy of their Certificate of Release or Discharge from Active Duty (DD Form 214), National Guard Report of Separation and Record of Service (NGB Form 22), or other official discharge documents for all periods of service that provides information on the type of separation and character of service.
This guidance, contained in Volume 12 of the Policy Manual, is effective immediately and applies to all currently pending applications as well as to applications filed on or after March 22, 2023.
Specific content can be found here:
https://www.uscis.gov/policy-manual
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March 23, 2023
Today, U.S. Citizenship and Immigration Services announced that certain flexibilities it first announced in March 2020, to address the COVID-19 pandemic will end on March 23, 2023. USCIS previously notified the public in its Jan 24, 2023 announcement that barring any changes presented by the pandemic, the extension of these flexibilities announced on Jan. 24 would be the last.
You must respond to any notices or requests from USCIS dated after March 23 by the deadlines listed in the notice or request. This includes:
Additionally, if you wish to file Form I-290B, Notice of Appeal or Motion, or Form N-336, Requesting for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), regarding a decision dated after March 23, 2023, you must comply with the deadlines in the form instructions.
USCIS retains the discretion to provide certain flexibilities on a case-by-case basis upon request, for applicants or petitioners affected by an emergency or unforeseen circumstance, such as natural catastrophes (hurricanes, wildfires, severe weather, etc.), national emergencies (public health emergencies), or severe illness (including COVID). Please see the Immigration Relief in Emergencies or Unforeseen Circumstances webpage for more information about remaining case-by-case flexibilities
As a reminder, the flexibilities regarding reproduced signatures first announced on March 20, 2020, became policy as announced on July 25, 2022.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-extends-covid-19-related-flexibilities-1
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March 29, 2023
The USCIS Policy Manual has been updated to address situations when the last day to file a benefit request or respond to a USCIS action falls on a Saturday, Sunday, or federal holiday. In these situations, we will consider a filing or response submitted on paper timely if we receive it by the end of the next business day. While the receipt date for these cases will continue to reflect the date USCIS physically received the request, USCIS will consider the benefit request timely filed.
In some cases, benefit requestors must file a benefit request or submit a response to a USCIS action within a certain time period prescribed by statute, regulation, or form instructions. Examples include filing a paper-based benefit request on the last day before a requestor’s or beneficiary’s birthday or the last day of a qualifying time period for filing or responding to a Request for Evidence or a notice of intent to deny, rescind, revoke, or terminate within the specified time frame for a response.
USCIS is pursuing several ways to increase flexibility related to filing deadlines, including this Policy Manual update. This update is effective immediately and will apply to all benefit requests or responses to a USCIS action that we receive on paper on or after March 29, 2023. This update does not affect electronic filings or responses submitted electronically, which we consider received immediately upon submission. We are not applying this policy retroactively.
Specific content can be found here:
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230329-TimelyFiling.pdf
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March 30, 2023
Petitioners or their representatives for Special Immigrant Juvenile (SIJ) classification nearing age 21 may now schedule an appointment within two weeks before their 21st birthday to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, in person. Petitioners may call the USCIS Contact Center at 800-375-5283 to request an SIJ expedite appointment at a local field office. The field office will accept Form I-360 and date-stamp the first page. The field office will then provide the petitioner or representative with a photocopy of the first page of SIJ Form I-360 and will process the petition and supporting documents for receipt.
USCIS regulations provide that a petition is filed on the date it is physically received by USCIS at the prescribed filing location. There may be circumstances where a petitioner cannot timely file their petition by mail before their 21st birthday. Examples include inclement weather, mailing delays, or state court delays in obtaining a juvenile court order.
Specific content can be found here:
https://www.uscis.gov/working-in-US/eb4/SIJ
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March 31, 2023
USCIS is removing the requirement that civil surgeons sign Form I-693, Report of Immigration Medical Examination and Vaccination Record, no more than 60 days before an individual applies for an underlying immigration benefit, including Form I-485, Application to Register Permanent Residence or Adjust Status. The requirement had been subject to a temporary waiver since Dec. 9, 2021.
This policy update will allow USCIS to adjudicate cases with immigration medical examinations that would previously have been considered invalid. Rather than issuing Requests for Evidence (RFEs) for Form I-693 signed more than 60 days before the filing of the I-485, but otherwise valid, we will be able to accept these Forms I-693 for adjudicative purposes for up to 2 years after the date the civil surgeon signed the form.
Applicants, civil surgeons, USCIS officers, federal partners, and other stakeholders have consistently expressed concern that this requirement is confusing and necessitates RFEs to be issued for otherwise valid Forms I-693. While the 60-day rule was intended (PDF, 168.6 KB) to enhance operational efficiency and reduce the need to request updated Forms I-693 from applicants, in practice these efficiencies have not been realized.
Civil surgeons no longer have to sign Form I-693 no more than 60 days before the underlying application for an immigration benefit is filed.
Specific content can be found here:
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20181016-I-693Validity.pdf
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April 3, 2023
Starting May 31, USCIS will only accept the 03/09/23 edition. Until then, you can also use the 07/19/22 edition. If the civil surgeon signs your form on or after Oct. 5, 2022, you must use the 03/09/23 or 07/19/22 editions. You can find the edition date at the bottom of the page on the form and instructions.
Specific content can be found here:
Immigration Law, Green Card, Cititzenship
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April 3, 2023
USCIS Policy Manual is being updated to clarify that, effective immediately, USCIS will accept the self-identified gender marker for individuals requesting immigration benefits. The gender marker they select does not need to match the gender marker indicated on their supporting documentation.
The update also clarifies that people requesting benefits do not need to submit proof of their gender identity when submitting a request to change their gender marker, except for those submitting Form N-565, Application for Replacement Naturalization/Citizenship Document. The guidance in this Policy Manual section does not currently apply to Form N-565, and individuals submitting this form must continue to follow the form instructions.
Benefit requestors seeking to change their gender marker after their initial filing should refer to the Updating or Correcting Your Documents webpage. Currently, the only gender markers available are “Male” (M) or “Female” (F). The U.S. Department of Homeland Security (DHS) is working on options to include an additional gender marker (“X”) for another or unspecified gender identity. USCIS will update its forms and the Policy Manual accordingly.
Specific content can be found here:
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April 4, 2023
USCIS Policy Manual was updated today to clarify the types of venues USCIS may use for administrative naturalization ceremonies.
This clarifying guidance is part of USCIS’s efforts to educate the public and those seeking to donate venue spaces and to provide more transparency on how to partner with USCIS on naturalization ceremonies. USCIS has a long-standing goal of promoting public understanding of the naturalization process and welcomes facility donations from public and private entities in line with our Policy Manual guidance and corresponding federal regulations.
This update, contained in Volume 12 of the Policy Manual, is effective immediately, and includes the following:
Specific content can be found here:
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April 5, 2023
On November 10, 2022, USCIS published a new edition of Form I-589 Application for Asylum and for Withholding of Removal, dated 10/12/22. Starting May 1, 2023, we will only accept the 10/12/22 edition. Until then, you can also use the 07/26/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
Specific content can be found here:
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April 6, 2023
USCIS has received enough petitions to reach the cap for the additional 16,500 H-2B visas made available for returning workers for the early second half of fiscal year (FY) 2023 with start dates from April 1, 2023, to May 14, 2023, under the FY 2023 H-2B supplemental visa temporary final rule. We will reject and return any H-2B petitions received after March 30, 2023, that are filed for a returning worker under the early second half of FY 2023 allocation.
We continue to accept petitions for H-2B nonimmigrant workers for the additional 20,000 visas allotted for nationals of Haiti, El Salvador, Guatemala, and Honduras for the first and second halves of FY 2023. Eligible petitioners whose workers were not accepted for the 16,500 returning-worker allotment for the early second half of FY 2023 are encouraged to file under Haiti, El Salvador, Guatemala, and Honduras allotment while visas remain available. As of March 30, 2023, USCIS has received petitions requesting 9,791 workers under the 20,000 visas set aside for nationals of Haiti, El Salvador, Guatemala, and Honduras.
Starting April 13, 2023, we will begin accepting petitions for workers for the late second half of FY 2023, requesting employment start dates from May 15, 2023, to Sept. 30, 2023. The 10,000 visas made available under this allocation are limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2020, 2021, or 2022, regardless of country of nationality.
We will also continue to accept H-2B petitions for workers who are exempt from the congressionally mandated cap. This includes petitions for:
Specific content can be found here:
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April 7, 2023
According to USCIS, U nonimmigrants applying to become lawful permanent residents must now file Form I-485, Application to Register Permanent Residence or Adjust Status, only at the Nebraska Service Center and not at the Vermont Service Center.
USCIS Nebraska Service Center
U.S. Postal Service (USPS):
USCIS
P.O. Box 87426
Lincoln, NE 68501-7526
FedEx, UPS, and DHL deliveries:
USCIS
Attn: 485U VAWA
850 S St.
Lincoln, NE 68508-1225
We have updated the filing address on the Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status, page.
Applications filed at the Vermont Service Center must be postmarked on or before April 12, 2023. After that date, we will reject and return any application, secure identity documents, and other correspondence to the safe address, preferred address, or the address of the attorney or accredited representative if any is listed on an accompanying Form G-28.
Specific content can be found here:
Immigration Law, Green Card, Citizenship
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April 10, 2023
Starting April 13, 2023, USCIS will begin accepting petitions for workers for the late second half of the fiscal year 2023, requesting employment start dates from May 15, 2023, to Sept. 30, 2023, under the H-2B supplemental cap temporary final rule. The 10,000 visas made available under this allocation are limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2020, 2021, or 2022, regardless of country of nationality. These supplemental visas are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition, as attested by the employer on a new attestation form.
On Dec. 15, 2022, the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly published a temporary final rule increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for all of FY 2023. Of the 64,716 additional visas, 44,716 are available only for returning workers (workers who received an H-2B visa or were otherwise granted H-2B status in one of the last three fiscal years).
The remaining 20,000 visas are set aside for nationals of El Salvador, Guatemala, and Honduras (collectively called Northern Central American countries) and Haiti, who are exempt from the returning worker requirement. As of April 10, 2023, USCIS has received petitions requesting 11,537 workers under the 20,000 visas set aside for nationals of Haiti, El Salvador, Guatemala, and Honduras. USCIS is continuing to accept H-2B petitions under this allocation.
Petitions requesting supplemental allocations under this rule must be filed at the California Service Center. Petitions filed under the supplemental allocations in this rule at any location other than the California Service Center will be rejected and the filing fees will be returned.
Specific content can be found here:
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April 11, 2023
According to rollcall.com, USCIS has opened a virtual service center to process requests for humanitarian immigration relief, including visas for victims of domestic violence and crimes, in an effort to reduce backlogs and improve processing times. The new center is USCIS’ sixth service center and its first all-virtual one. In an interview, the agency’s director, Ur Jaddou, called it an “important milestone.”
Specific content can be found here:
https://rollcall.com/2023/03/30/immigration-agency-sets-up-new-virtual-service-center/
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April 12, 2023
USCIS is updating policy guidance in the USCIS Policy Manual to provide guidance on mailing address procedures for persons eligible for and recipients of victim-based immigration relief, specifically Violence Against Women Act (VAWA) self-petitioners as well as those who are seeking or currently hold T or U nonimmigrant status (protected persons). This guidance also applies to abused spouses of certain nonimmigrants applying for employment authorization under section 106 of the Immigration and Nationality Act.
Under 8 U.S.C 1367 confidentiality provisions, USCIS must ensure that information related to a protected person is disclosed only to authorized parties identified by the protected person. This update provides guidance to the public and USCIS employees on mailing addresses and adjudication procedures for victim-based and non-victim-based forms filed by protected persons.
This guidance is effective on July 11, 2023, and applies to benefit requests that are pending or filed on or after that date. For more information, see the Policy Alert. Visit the Policy Manual for the Comment page to comment on this update. USCIS welcomes feedback on this guidance and will consider any comments received in future updates.
Specific content can be found here:
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230411-SafeAddress.pdf
Immigration Law, Green Card, VAWA
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April 19, 2023
Temporary suspension of the biometrics submission requirement for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status has been extended by USCIS. The previously announced suspension, which was initially in place until May 17, 2023, has been extended through Sept. 30, 2023.
We will allow adjudications for those specific categories to proceed based on biographic information and related background checks, without capturing fingerprints and a photograph. However, we retain discretion, on a case-by-case basis, to require biometrics for any applicant, and applicants may be scheduled for an application support center appointment to submit biometrics.
As a reminder, if you are a Form I-539 applicant meeting the biometrics suspension criteria, you do not need to submit the $85 biometric services fee for Form I-539 during the suspension period. We will return a biometric services fee if submitted separately from the base fee and will reject paper Form I-539 applications if you meet the above criteria and submit a single payment covering both the filing fee and the $85 biometrics services fee. If we reject the paper application because you included the $85 biometrics service fee, you will need to re-file Form I-539 without the biometric services fee.
Specific content can be found here:
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April 21, 2023
USCIS is updating Volumes 5 and 12 of the USCIS Policy Manual to clarify how U.S. citizenship and naturalization provisions apply to adopted children.
This policy manual update consolidates and clarifies existing information in Volume 5 and supplements policy in Volume 12 of the Policy Manual on citizenship and naturalization. The updated guidance:
The updated guidance does not change the requirements for adopted children to become U.S. citizens. We are updating this guidance to help adoptive families and adoptees understand these requirements so adoptees may secure U.S. citizenship and documentation of their citizenship if they are eligible.
Some children immigrating based on adoption automatically acquire U.S. citizenship when they are admitted to the United States as lawful permanent residents. Others do not, and their adoptive parents need to take additional steps before an adopted child turns 18 years of age for the child to obtain U.S. citizenship through an adoptive parent. Adoptees who do not obtain citizenship through their adoptive parents before turning 18 may be eligible to apply for naturalization after the age of 18.
Specific content can be found here:
https://www.uscis.gov/policy-manual
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April 24, 2023
According to www.abcnews.go.com, The Biden administration next week will begin conducting asylum interviews at the border while it expands access to legal services for migrants seeking refuge in the U.S., according to two administration officials. The latter is a key issue that emerged during attempts to fast-track processing under the Trump administration.
Starting with a small number of migrants, asylum officers will begin holding what are known as “credible fear” screening interviews with those at U.S. Customs and Border Protection facilities, the officials told ABC News. The interviews are among the first steps required to make an asylum claim.
Currently, the screening interviews are conducted only after migrants leave CBP custody. But the Biden administration is anticipating a potential influx of asylum seekers amid the end of pandemic-era rules that gave border officials power to swiftly return migrants back to Mexico or their home countries.
With those powers ending along with the official national pandemic emergency status next month, the administration has been working to increase the pace of migrant processing, including a move last year that allows asylum officers to decide cases on behalf of immigration judges.
Specific content can be found here:
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April 28, 2023
According to www.news.bloomberglaw.com, a staggering backlog for U visas has left many immigrant crime victims in limbo. U visas, granted to immigrants who are victims of crimes and are willing to cooperate with U.S. law enforcement, currently have a processing time of several years. These significant delays have left vulnerable applicants without legal status and unable to access basic services such as healthcare and employment while they await visa approval.
Specific content can be found here:
Immigration Law, Green Card, U-Visa
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May 4, 2023
USCIS posted a notice in the Federal Register explaining procedures for individuals covered by Deferred Enforced Departure (DED) for Hong Kong to apply for Employment Authorization Documents (EADs) valid through Feb. 5, 2025. The notice also automatically extends through Feb. 5, 2025, the validity of EADs based on DED for Hong Kong.
Specific content can be found here:
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May 4, 2023
USCIS is now creating and providing documented evidence of their status to certain new asylees and lawful permanent residents upon our receiving notification that an immigration judge or the Board of Immigration Appeals (BIA) has granted status. Individuals granted asylum and lawful permanent resident status are still instructed and encouraged to contact the USCIS Contact Center to request their proof of status because USCIS may not be notified in every case.
Our field offices may now be able to provide this documentation by mail instead of having asylees and lawful permanent residents schedule an in-person appointment, eliminating an unnecessary burden to an individual who has been granted their status by an immigration judge or the BIA. USCIS began this effort in August 2022 by mailing Form I-94, Arrival/Departure Record, with asylee stamps to certain individuals who have been granted asylum by an immigration judge or the BIA. We also have been issuing Permanent Resident Cards, also known as Green Cards, to some lawful permanent residents when we are notified that the immigration judge or BIA has granted an adjustment of status.
By providing this evidence, we can help ensure that new asylees and lawful permanent residents may seek employment, travel, and obtain other benefits they are entitled to.
Specific content can be found here:
https://www.uscis.gov/contactcenter
Immigration Law, Asylum, Green Card
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May 30, 2023
USCIS updated the following Forms:
Form I-485, Application to Register Permanent Residence or Adjust Status
02/21/2023 08:29 AM EST
Edition Date: 02/21/23. We will also accept the 12/23/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
02/21/2023 07:59 AM EST
Edition Date: 02/21/23. We will also accept the 12/23/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
Form I-485 Supplement A, Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
02/21/2023 07:40 AM EST
Edition Date: 02/21/23. We will also accept the 12/23/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
Form I-140, Immigrant Petition for Alien Workers
05/31/2022 07:15 AM EDT
Edition Date: 05/31/22. Starting July 9, we will accept only the 05/31/22 edition. Until then, you can also use the 09/30/20 and 05/09/18 editions. You can find the edition date at the bottom of the page on the form and instructions.
Specific content can be found here:
https://www.uscis.gov/i-485supj
https://www.uscis.gov/i-485supa
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June 7, 2023
U.S. Citizenship and Immigration Services starting in June 2023, will make our adoption-based Form I-130, Petition for Alien Relative, processing times publicly available. Posting these times will give stakeholders accessible information about how long it may take to receive a decision on their petition. We will issue another stakeholder message when these processing times go live.
Specific content can be found here:
https://www.uscis.gov/i-130
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June 7, 2023
USCIS recently updated Form I-589, Application for Asylum and for Withholding of Removal.
Specific content can be found here:
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June 9, 2023
Today, U.S. Citizenship and Immigration Services announced that certain individuals requesting parole based on urgent humanitarian reasons or significant public benefit can now file Form I-131, Application for Travel Document online. This is an important step in USCIS’ efforts to use technical solutions to streamline and improve processing efficiency and reduce wait times.
Specific content can be found here:
https://www.uscis.gov/i-131
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June 12, 2023
Recently we updated the following Form(s):
Form G-1055, Fee Schedule
06/06/2023 02:27 PM EDT
Edition Date: 06/06/23. You can find the edition date at the bottom of the page.
Form I-131, Application for Travel Document
06/06/2023 12:55 PM EDT
Edition Date: 06/06/23. Starting Aug. 8, we will only accept the 06/06/23 edition. Until then, you can also use the 10/31/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
Specific content can be found here:
https://www.uscis.gov/forms/forms-updates
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June 12, 2023
Today, USCIS announced the expansion of the Citizenship and Integration Grant Program, which provides funding for citizenship preparation programs in communities across the country. The program, now open for applications, will provide up to $25 million in grants to prepare immigrants for naturalization and promote civic integration through increased knowledge of English, U.S. history, and civics. In addition to the traditional programs that fund citizenship and English classes, the 2023 grants also include opportunities for creative and innovative approaches to preparing immigrants for naturalization.
“Through our Citizenship and Integration Grant Program, we are helping to increase integration services like English language, U.S. history, and civics instruction to noncitizens on their journeys to becoming American citizens,” said USCIS Director Ur M. Jaddou. “Through additional funding opportunities, organizations will be able to reach more communities and ensure noncitizens have access to the tools and resources needed for citizenship education.”
Specific content can be found here:
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June 13, 2023
USCIS announced the expansion of premium processing for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status. These applicants will be able to file Form I-907, Request for Premium Processing Service, online or via paper form.
Specific content can be found here:
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June 15, 2023
Today, U.S. Citizenship and Immigration Services released policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in compelling circumstances based on existing regulatory requirements at 8 CFR 204.5(p).
For an applicant to be eligible for an initial EAD based on compelling circumstances, they must meet the following eligibility requirements:
Specific content can be found here:
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June 20, 2023
USCIS has been working on adoption-based Form I-130, Petition for Alien Relative, and processing times publicly available. As of June 20, these processing times are now live on our Processing Times page. Posting these times gives stakeholders accessible information about how long it may take to receive a decision on their petition. USCIS remains committed to processing adoption-based Form I-130 cases as quickly and efficiently as possible.
Specific content can be found here:
https://egov.uscis.gov/processing-times/
https://www.uscis.gov/policy-manual/volume-5-part-e
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June 23, 2023
USCIS has updated the Lockbox Filing Location Updates page on their website to now include service center filing location updates as well: Lockbox and Service Center Filing Location Updates. You can now keep track of filing location changes between the lockboxes or service centers on this page.
In order to receive updates on these filing location changes, subscribe to the “Lockbox and Service Center Filing Location Updates” GovDelivery distribution list to receive an email each time USCIS updates a filing location. Applications, petitions, or requests that are not mailed to the appropriate filing location may experience processing delays or may be rejected as improperly filed and returned to you to re-file.
Specific content can be found here:
https://www.uscis.gov/forms/lockbox-and-service-center-filing-location-updates
https://public.govdelivery.com/accounts/USDHSCIS/subscriber/new
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June 23, 2023
On Jan. 26, 2023, President Biden issued a Memorandum on Extending and Expanding Eligibility for Deferred Enforced Departure for Certain Hong Kong Residents to the secretaries of state and homeland security. This memorandum defers through Feb. 5, 2025, the removal of any Hong Kong national, or person without nationality who last habitually resided in Hong Kong, who was present in the United States on Jan. 26, 2023, and who has continuously resided here since then, unless the individual falls within one of the exceptions. In addition, the memorandum also directs USCIS to take measures to authorize employment eligibility for eligible residents of Hong Kong.
To register, visit the Registration Page. You will be asked to submit your email address and select “submit.” On the next screen, you will see a notification that you successfully subscribed to this event. If you have any questions, or if you have not received a confirmation email within three business days, please email USCIS at public.engagement@uscis.dhs.gov.
Specific content can be found here:
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July 7, 2023
USCIS launched a new self-service biometric services appointment rescheduling tool on my.uscis.gov. Benefit requestors, and their attorneys and accredited representatives, can now reschedule most biometric services appointments online, without calling the USCIS Contact Center.
To use the biometric services appointment rescheduling tool, individuals who have good cause to reschedule must first create a USCIS online account (if they do not already have one) and visit my.uscis.gov before their scheduled appointment date. The individual must:
Each person must then bring the printed new appointment notice along with a valid, unexpired photo identification (for example, Form I-551, Permanent Resident Card (also known as a Green Card), passport, or driver’s license) or other identity documentation as authorized by USCIS to the appointment. If the applicant has more than one biometric services appointment notice, the applicant should bring all notices to the ASC appointment. A printed copy of an appointment notice is required by the Executive Office of Immigration Review (EOIR) and ASCs will not accept electronic copies of notices.
USCIS also published a policy manual update today, explaining that the agency may consider an untimely request to reschedule a biometric services appointment and the effect of failing to appear for an appointment, and providing guidance on what is considered “good cause” to reschedule a biometric services appointment.
Good cause exists where the request to reschedule provides a sufficient reason for the benefit requestor’s inability to appear on the scheduled appointment date. Sufficient reasons for “good cause” may include, but are not limited to:
To review the full details of the policy guidance visit the Policy Manual Update.
In certain instances, you will still need to call the Contact Center to reschedule a biometric services appointment. You must still call the USCIS Contact Center to reschedule an appointment if:
Specific content can be found here:
Immigration Law, Green Card, Citizenship
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July 12, 2023
Today USCIS announced today that we are expanding myProgress (formerly known as personalized processing times) to Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document.
myProgress provides applicants with access, in their online account, to personalized estimates of their wait time for major milestones on their case, including their final case decision. While estimates are based on historical patterns of cases with similar specifics, they are not a guarantee of speed, cannot take into consideration all possible unique application processing delays, and may over- or underestimate the true processing time.
In addition to Form I-765 and Form I-131, myProgress is available for applicants with a USCIS online account who file Form N-400, Application for Naturalization; Form I-90, Application to Replace Permanent Resident Card; or Form I-130, Petition for Alien Relative.
To view estimated case timelines, applicants must first create a USCIS online account or log into their account and select their pending application. If they e-filed or linked one of the applicable forms to their online account using an online access code, they will see a myProgress tab for their application. The myProgress tab displays the estimated wait time until their case has a decision, along with a checkmark beside three milestones as they are completed:
Applicants will still need to visit the public Check Case Processing Times webpage to determine if they are eligible to file an Outside of Normal Processing Times service request.
Specific content can be found here:
https://www.uscis.gov/file-online/how-to-create-a-uscis-online-account
Immigration Law, Green Card, Citizenship
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July 13, 2023
We recently updated the following USCIS form(s):
Form I-131, Application for Travel Document
06/06/2023 12:43 PM EDT
Edition Date: 06/06/23 E. Starting Sept. 12, we will only accept the 06/06/23 E-edition. Until then, you can also use the 06/06/23 and 10/31/22 editions. You can find the edition date at the bottom of the page on the form and instructions.
Specific content can be found here:
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July 18, 2023
Today USCIS announced an update to its visa availability approach for managing the inventory of Form I-526, Immigrant Petition by Alien Investor, to promote greater efficiency.
USCIS will update its approach by grouping petitions with filing dates on or before Nov. 30, 2019, by new commercial enterprise within the queue of petitions where the project has been reviewed and there is a visa available or a visa will soon be available. This approach will enable USCIS to gain greater processing efficiencies and reduce backlogs. Assigning multiple petitions associated with the same new commercial enterprise to the same adjudicator(s) will allow adjudicators to process them more efficiently.
USCIS is issuing this alert and updating its approach based on factors specific to the Form I-526 petition inventory, including to help address the backlog of pending petitions.
Specific content can be found here:
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July 21 ,2023
On Aug. 1, 2023, USCIS will publish a revised version of Form I-9, Employment Eligibility Verification. Among the improvements to the form is a checkbox employers enrolled in E-Verify can use to indicate they remotely examined identity and employment authorization documents under an alternative procedure authorized by the Department of Homeland Security (DHS) described below.
On July 21, 2023, DHS announced a final rule in the Federal Register that recognizes the end of temporary COVID-19 flexibilities as of July 31 and provides DHS the authority to authorize optional alternatives for employers to examine Form I-9 documentation. At the same time, DHS also published an accompanying document in the Federal Register describing and authorizing employers enrolled in E-Verify the option to remotely examine their employees’ identity and employment authorization documents under a DHS-authorized alternative procedure.
The Federal Register document provides an alternative for certain employers to remotely examine Form I-9 documents, instead of the current requirement to examine documents in-person. To participate in the remote examination of Form I-9 documents under the DHS-authorized alternative procedure, employers must be enrolled in E-Verify, examine and retain copies of all documents, conduct a live video interaction with the employee, and create an E-Verify case if the employee is a new hire.
Employers who were participating in E-Verify and created a case for employees whose documents were examined during COVID-19 flexibilities (March 20, 2020, to July 31, 2023), may choose to use the new alternative procedure starting on August 1, 2023, to satisfy the physical document examination requirement by Aug. 30, 2023. Employers who were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person physical examination by Aug. 30, 2023.
The revised Form I-9:
The revised Form I-9 (edition date 08/01/23) will be published on uscis.gov on Aug. 1, 2023. Employers can use the current Form I-9 (edition date 10/21/19) through Oct. 31, 2023. Starting Nov. 1, 2023, all employers must use the new Form I-9.
Specific content can be found here:
https://www.uscis.gov/sites/default/files/document/forms/i-9-paper-version.pdf
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July 21, 2023
USCIS incorporated important information regarding the categories of adjustment of status applicants to whom the public charge ground of inadmissibility applies from the appendices in Volume 8, Part G, of the USCIS Policy Manual, to Chapter 3, Applicability, to make it easier to identify whether the public charge ground of inadmissibility applies to a specific adjustment of status category.
This update is intended to help applicants respond accurately to questions related to the public charge ground of inadmissibility on Form I-485, Application to Register Permanent Residence or Adjust Status, which will provide officers with the information they need to adjudicate an application for adjustment of status, and, if applicable, make a public charge inadmissibility determination without issuing a Request for Evidence for this information.
Specific content can be found here:
https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-3
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July 27, 2023
USCIS conducted an initial random selection on properly submitted electronic registrations for the fiscal year (FY) 2024 H-1B cap, including for beneficiaries eligible for the advanced degree exemption. Only those petitioners with selected registrations for FY 2024 are eligible to file H-1B cap-subject petitions. The initial filing period for those with selected registrations for FY 2024 was from April 1, 2023, through June 30, 2023.
We recently determined that we would need to select additional registrations to reach the FY 2024 numerical allocations. Soon, we will select additional registrations from previously submitted electronic registrations using a random selection process. We will announce once we have completed this second selection process and have notified all prospective petitioners with selected registrations from this round of selection that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
Those with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details of when and where to file.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/fy-2024-h-1b-cap-season-updates
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August 1, 2023
Recently USCIS announced that we would need to select additional registrations to reach the FY 2024 H-1B numerical allocations. We now have randomly selected, from the remaining FY 2024 registrations properly submitted, a sufficient number of registrations projected as needed to reach the cap, and have notified all prospective petitioners with selected registrations from this round of selection that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2024, and only for the beneficiary named in the applicable selected registration notice.
An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2024 H-1B cap-subject petition.
Registration selection only pertains to eligibility to file an H-1B cap-subject petition. Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval based on existing statutory and regulatory requirements.
Specific content can be found here:
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August 1, 2023
WASHINGTON – The Department of Homeland Security, through USCIS, today issued new guidance to assist stateless noncitizens in the United States who wish to obtain immigration benefits or have submitted other requests to USCIS. Stateless individuals are those who are not legally considered a citizen of any country and therefore may be denied legal identity, and struggle to access education, healthcare, marriage, and job opportunities. Individuals can be born stateless or become stateless because of discrimination, war, conflict, or changing borders and laws. The new guidance clarifies when and how USCIS may consider a noncitizen stateless for the purpose of adjudicating immigration benefits or other requests.
“All over the world, people who are stateless live with fear and uncertainty. DHS is fully committed to addressing the global issue of statelessness and to breaking down barriers that these individuals face in the United States,” said Secretary of Homeland Security Alejandro N. Mayorkas. “With this historic step, stateless individuals will be given the opportunity to apply for immigration protections and benefits for which they are eligible.”
Following today’s release of this guidance, and with the goal of helping stateless individuals to take advantage of the opportunity, USCIS will create and implement new procedures to assist USCIS officers when assessing an individual’s potential statelessness. This includes updating existing training documents on statelessness, developing more robust training procedures for officers, and setting up standard operating procedures for officers to request an internal assessment of potential statelessness where it may be relevant to an individual’s application or benefit request. Specially trained USCIS personnel will provide the adjudicating officer with an advisory report clarifying how the officer might consider an individual’s statelessness in making decisions about an individual’s application or benefit request. This new guidance also provides examples of documentation or evidence that may help USCIS officers determine whether noncitizens may be considered stateless for USCIS purposes.
Implementing this update also will enable USCIS to gather more comprehensive and accurate data on this vulnerable group of people. The United Nations High Commissioner for Refugees (UNHCR) estimates there are approximately 218,000 stateless people residing in the United States.
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August 1, 2023
USCIS updated Form I-9, Employment Eligibility Verification
Edition Date: 08/01/23. After Oct. 31, 2023, the prior version of Form I-9 will be obsolete and no longer valid for use.
Starting Nov. 1, 2023, employers who fail to use the 08/01/23 edition of Form I-9 may be subject to all applicable penalties under section 274A of the INA, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE).
You can find the edition date at the bottom of the page on the form and instructions.
Specific content can be found here:
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August 3, 2023
Today, USCIS announced changes to the way we issue receipts for L-1 nonimmigrant intracompany transferees (executives, managers, or specialized knowledge professionals) under a previously approved blanket L petition.
When filing Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, together with Form I-129, Petition for a Nonimmigrant Worker, the petitioner will now receive two notices: the receipt notice and the approval notice (if approved). Petitioners will no longer receive a stamped and signed Form I-129S in conjunction with the Form I-129 approval. Instead, the petitioner will receive a separate approval notice for Form I-129S, which serves as the endorsement.
This approval notice will serve as evidence that a USCIS officer has determined the beneficiary is eligible for L-1 status based on an approved blanket L petition and constitutes an endorsement of Form I-129S as required by 8 CFR 214.2(l)(5)(ii)(E). A copy of that notice will also be provided to the beneficiary to be included with their visa and/or admission papers.
This change will provide petitioners with quicker, more organized, and more secure processing of Form I-129S, by eliminating the need for USCIS to print, stamp, sign, and annotate the paper form.
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August 15, 2023
Recently, USCIS update this Form:
Form I-129, Petition for a Nonimmigrant Worker
05/31/2023 04:07 PM EDT
Edition Date: 05/31/23. Starting Oct. 16, we will only accept the 05/31/23 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.
Specific content can be found here:
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August 21, 2023
USCIS has launched a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment at their local field office without having to call the USCIS Contact Center.
This online appointment request form allows individuals or legal representatives to request an in-person appointment at a field office only, for ADIT stamps, Emergency Advance Parole, Immigration Judge Grants, and more. It is not a self-scheduling tool and individuals cannot schedule their own appointments with USCIS. The USCIS Contact Center will review submitted forms and the availability of in-person appointments at a specific field office. Individuals may request a specific date and time for an in-person appointment, but USCIS cannot guarantee that the requested appointment date will be scheduled. USCIS will confirm and schedule the individual for an available in-person appointment date and time.
USCIS continues to demonstrate our commitment to supporting the Executive Order on Transforming Federal Customer Experience and Service Delivery to Rebuild Trust in Government by introducing new initiatives in hopes of improving the customer experience.
The online appointment request form is expected to enhance the customer experience by collecting required information upfront and potentially scheduling the requested appointment without any further engagement with the USCIS Contact Center. The Contact Center may need to contact an individual either by phone or email depending on the appointment reason and urgency, using the reference number provided to them at the time the request was submitted.
Specific content can be found here:
https://my.uscis.gov/en/appointment/v2
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August 23, 2023
USCIS updated the following forms:
Edition Date: 08/23/23. Starting Oct. 23, we will accept only the 07/24/23 edition. Until then, you can also use the 03/15/23 edition. You can find the edition date at the bottom of the page on the form and instructions.
Edition Date: 07/24/23. Starting Oct. 23, we will accept only the 07/24/23 edition. Until then, you can also use the 03/15/23 edition. You can find the edition date at the bottom of the page on the form and instructions.
Edition Date: 07/24/23. Starting Oct. 23, we will accept only the 07/24/23 edition. Until then, you can also use the 03/15/23 edition. You can find the edition date at the bottom of the page on the form and instructions.
Edition Date: 07/24/23. Starting Oct. 23, we will accept only the 07/24/23 edition. Until then, you can also use the 03/15/23 edition. You can find the edition date at the bottom of the page on the form and instructions.
Edition Date: 07/24/23. Starting Oct. 23, we will only accept the 07/24/23 edition. Until then, you can also use the 03/15/23 edition. You can find the edition date at the bottom of the page on the form and instructions.
Edition Date: 07/24/23. Starting Oct. 23, we will only accept the 07/24/23 edition. Until then, you can also use the 03/15/23 edition. You can find the edition date at the bottom of the page on the form and instructions.
Edition Date: 07/24/23. Starting Oct. 23, we will only accept the 07/24/23 edition. Until then, you can also use the 03/15/23 edition. You can find the edition date at the bottom of the page on the form and instructions.
Specific content can be found here:
https://www.uscis.gov/forms/forms-updates
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August 24, 2023
USCIS Policy Manual was updated to clarify how we will apply the extraordinary circumstances exception to the “sought to acquire” requirement under the Child Status Protection Act (CSPA) in light of a Feb. 14, 2023, policy change. This update:
The CSPA protects certain beneficiaries from losing their eligibility for immigrant visas and adjustment of status because they age during the immigration process and no longer qualify as a child for immigration purposes. To benefit from the CSPA, noncitizens must seek to acquire lawful permanent resident status within 1 year of when an immigrant visa becomes available. On Feb. 14 USCIS issued policy guidance updating when an immigrant visa becomes available for the purpose of calculating an applicant’s CSPA age.
Under the policy guidance in effect before Feb. 14, 2023, some noncitizens may not have applied to adjust their status because a visa was not available to calculate CSPA age under the prior policy or the noncitizen’s CSPA age would have been calculated to be over 21 years old. If these noncitizens apply to adjust their status under the new policy issued on Feb. 14, they may not be able to meet the 1-year sought-to-acquire requirement. However, noncitizens who do not meet this requirement may still benefit from the CSPA if they can establish that their failure to meet the requirement was the result of extraordinary circumstances.
Specific content can be done here:
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230824-CSPA.pdf
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August 25, 2023
The Policy Manual was being updated by USCIS to provide clarification on voter registration access at our administrative naturalization ceremonies.
The updated guidance:
For consistency and efficiency, USCIS also created Form N-401, Voter Registration Services Attestation, for non-governmental agencies to submit a one-time request per field office to participate in administrative naturalization ceremonies.
This guidance is immediately effective.
This update demonstrates USCIS’ commitment to supporting Executive Order 14019, Promoting Access to Voting, by promoting and encouraging the exercise of the right to vote, removing any agency obstacles that may prevent new citizens from registering to vote at naturalization ceremonies and expanding access to voter registration.
Specific content can be found here:
https://www.uscis.gov/policy-manual
https://www.uscis.gov/sites/default/files/document/forms/n-401.pdf
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August 31, 2023
USCIS recently updated Form:
I-129, Petition for a Nonimmigrant Worker
05/31/2023 12:42 PM EDT
Edition Date: 05/31/23. Starting Nov. 1, we will only accept the 05/31/23 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.
Specific content can be found here:
https://www.uscis.gov/i-129
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September 11, 2023
Starting September 13, 2023, USCIS reminds affirmative asylum applicants that they must bring an interpreter to their asylum interview if they are not fluent in English or wish to proceed with their interview in a language other than English.
If you need an interpreter and do not bring one, or if your interpreter is not fluent in English and a language you speak, and you do not establish good cause, we may consider this a failure to appear for your interview and we may dismiss your asylum application or refer your asylum application to an immigration judge. We will determine good cause on a case-by-case basis.
The interpreter must be fluent in English and a language you speak fluently and must be at least 18 years old. The interpreter must not be:
· Your attorney or accredited representative;
· A witness testifying on your behalf;
· A representative or employee of the government of your country of nationality (or, if you are stateless, your country of last habitual residence); or
· An individual with a pending asylum application who has not yet been interviewed.
On Sept. 23, 2020, we published a temporary final rule (TFR) requiring affirmative asylum applicants to use our contracted telephonic interpreters for their asylum interviews, instead of bringing an interpreter to the interview. We published this TFR to reduce the spread of COVID-19 during asylum interviews with USCIS asylum officers while the COVID-19 national emergency and public health emergency were in effect. We published four subsequent TFRs extending the requirement, with the current extension effective through Sept. 12, 2023. This fourth extension provided additional time after the national and public health emergencies expired to allow us to prepare to return to the prior regulatory requirement. With the expiration of the TFR, we will be reverting back to the long-standing regulatory requirement for an affirmative asylum applicant to provide an interpreter under 8 CFR 208.9(g).
Specific content can be found here:
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September 12, 2023
A new Policy Manual was issued by USCIS to clarify the types of evidence that we may evaluate to determine eligibility for extraordinary ability (E11) and outstanding professor or researcher (E12) EB-1 immigrant visa classifications.
The update adds clarifying guidance describing examples of evidence that may satisfy the relevant evidentiary criteria or qualify as comparable evidence, as well as considerations for evaluating such evidence, with a focus on science, technology, engineering, or mathematics (STEM) fields.
The new guidance provides more clarity and transparency and should assist petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility.
Specific content can be found here:
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September 15, 2023
The Department of Labor has published the Notice of Proposed Rulemaking, Improving Protections for Workers in Temporary Agricultural Employment in the United States, in the Federal Register enhancing H-2A Worker Protections. Comments on the proposed rule will be accepted through Tuesday, November 14, 2023.
Specific content can be found here:
https://www.dol.gov/agencies/eta/foreign-labor/h2a-nprm/faq
https://www.dol.gov/newsroom/releases/eta/eta20230912
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September 20, 2023
Today The U.S. Department of Homeland Security announced a notice of proposed rulemaking (NPRM) that would modernize and improve the H-2A temporary agricultural and H-2B temporary nonagricultural worker programs.
Through this proposed rule, DHS seeks to strengthen worker protections and the integrity of the H-2 programs and improve program efficiency. In addition, DHS is proposing greater flexibility for H-2 workers, in part by extending grace periods during which workers may seek new employment, prepare for departure from the United States, or seek a change of status to a different nonimmigrant classification.
To further improve the integrity of the H-2 programs and enhance protection for workers, the proposed rule would better ensure the requirements regarding employer-imposed fees that are prohibited under DHS’s H-2 regulations are clear to both workers and employers, as well as strengthen the prohibition on, and consequences of, such prohibited fees being collected at any time from H-2 workers.
This rulemaking also offers several benefits to employers, including allowing petitioners who are facing worker shortages to have H-2 workers who are already in the United States work for the new employer while the petitioners’ H-2 petition on behalf of the worker is pending.
To Submit Comments
The NPRM allows for a 60-day public comment period that begins once it is published in the Federal Register. You may submit comments through Regulations.gov. Please follow the instructions for submitting comments.
DHS welcomes public comments on the proposed rule, including legal and policy considerations, and suggestions for alternative approaches. We will review all properly submitted comments, consider them carefully, and draft responses before issuing any final rule.
Specific content can be found here:
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September 20, 2023
On September 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the Deferred Action for Childhood Arrivals (DACA) Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.” See the Memorandum and Order and Supplemental Order of Injunction.
Accordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. However, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23, as it has since October 31, 2022, in accordance with this decision. USCIS will continue to accept initial requests, but per the order, not process initial DACA requests.
Currently, valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.
Specific content can be found here:
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September 25, 2023
Today, USCIS announced that it is exempting the biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant Status.
Beginning Oct. 1, we are 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, we 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 we 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, we 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) (PDF, 1.08 MB), we are committed to accomplishing our goal of removing the biometric services fee and requirement for all Form I-539 applicants.
Specific content can be found here:
https://www.uscis.gov/sites/default/files/document/reports/OPA_ProgressReport.pdf
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September 26, 2023
USCIS informs that if you receive a Request of Evidence (RFE) to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record it is best to respond to the RFE as soon as possible rather than waiting the entire 87-day response period.
Background
We have issued RFEs to applicants for employment-based adjustment of status (including those adjusting as Special Immigrant Juveniles). These RFEs ask for a valid medical clearance (Form I-693). Although you have up to 87 days to respond to the RFE, we encourage you to respond with all requested documents as soon as possible so that we may adjudicate your application and, if your case is approved, allocate an immigrant visa before Oct. 1, 2023.
Visa allocations for the fiscal year 2023 ended Sept. 30, 2023. If your visa is not allocated before the cutoff date, we cannot adjudicate your case, and your case will be reviewed per the FY 2024 visa allocations.
You may return your completed RFE response to the address on the RFE notice.
USCIS accepts responses sent by mail (including overnight and other priority options), commercial services, and couriers.
If you have already responded to an RFE, there is nothing more you need to do.
Specific content can be found here:
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September 27, 2023
The Policy Manual is being updated to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal.
We are 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, we receive for renewal EADs over the next several years, contributing to our 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.
Specific content can be found here:
https://www.uscis.gov/policy-manual/volume-10-part-a-chapter-4
Immigration Law, Immigrants, Green Card
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October 2, 2023
Today, USCIS awarded over $22 million in grants to 65 organizations in 29 states to help prepare lawful permanent residents (LPRs) for naturalization. USCIS focused this year on reaching remote, underserved, and vulnerable communities per Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans and the corresponding Integracy Strategy on Promoting Naturalization. This fiscal year (FY), the grant program received an increase of $5 million from FY 2022.
Citizenship and Integration Grants provide funding to organizations that prepare immigrants for naturalization and promote civic integration through increased knowledge of English, U.S. history, and civics. In addition to the traditional programs that fund citizenship and English acquisition classes, FY 2023 grants include opportunities for creative and innovative approaches to preparing immigrants for naturalization.
“USCIS is committed to making the United States a stronger, more inclusive, and welcoming nation. We encourage naturalization by educating remote, underserved, and vulnerable populations about the benefits of citizenship and the naturalization process,” said USCIS Director Ur M. Jaddou. “Through this grants program, we help ensure that community organizations are available to provide immigrants with opportunities to improve their English language skills, increase their understanding of U.S. history and government, and help them integrate into American society and be successful citizens.”
The Citizenship and Integration Grant Program has awarded nearly $155 million through 644 competitive grants to immigrant-serving organizations in 41 states and the District of Columbia since it began in 2009. Now in its 15th year, the program has helped more than 300,000 LPRs prepare for citizenship.
Through this program, USCIS seeks to expand the availability of high-quality citizenship and integration services throughout the country.
USCIS awarded the grants through three competitive funding opportunities.
Specific content can be found here:
https://www.uscis.gov/promotingnaturalization
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October 2, 2023
USCIS updated Form G-1055, Fee Schedule
10/01/2023 09:46 AM EDT
Edition Date: 10/01/23. You can find the edition date at the bottom of the page.
Specific content can be found here:
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October 6, 2023
Recently, USCIS received increased numbers of paper-filed Form I-589, Application for Asylum and for Withholding of Removal, that we must reject because they are incomplete or improperly filed. To avoid a filing rejection and ensure timely acceptance of your affirmative asylum application by USCIS, it is important to properly submit a complete and signed application. Please carefully review the following filing tips and online resources for more information on the filing requirements.
Filing Tips
Filing Location
To avoid rejections and processing delays, you must file your affirmative asylum application at the correct location. To determine where to file your Form I-589, see the ‘Where to File’ section of our Form I-589 page. You can also use our Filing Instructions Tool. After you answer a series of questions, the tool will provide information about where to file Form I-589 based on the information that you provide.
Specific content can be found here:
https://www.uscis.gov/humanitarian/form-i-589-filing-instructions-tool
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October 11, 2023
Additional changes are made to the EB-5 program in the Immigration and Nationality Act (INA) made by the EB-5 Reform and Integrity Act of 2022 (RIA), specifically the required investment timeframe and how we treat investors who are associated with a terminated regional center.
This updated guidance clarifies the required investment timeframe for EB-5 investors who file Form I-526, Immigrant Petition by Standalone Investor or Form I-526E, Immigrant Petition by Regional Center Investor, on or after March 15, 2022, as outlined in the RIA.
For investors seeking to remove conditions on their permanent resident status under INA 216A based on an EB-5 immigrant visa petition filed on or after enactment of the RIA (post-RIA investors), the RIA removed the requirement that the investor must sustain their investment throughout their conditional residence. The RIA also modified INA 203(b)(5)(A)(i) (the general requirement for classification to invest or be actively in the process of investing the requisite amount of capital in a new commercial enterprise) by adding new language that the investment required by INA 203(b)(5)(A)(i) must be expected to remain invested for at least two years.
Because of these changes made by the RIA, investors filing petitions for classification after enactment of the RIA no longer need to sustain their investment throughout their conditional residence, which may be many years in the future and dependent on factors outside the investor’s control such as visa availability.
Instead, the INA now requires only that the investment must be expected to remain invested for at least two years, provided job creation requirements have been met. Although the statute does not explicitly specify when the two-year period under INA 203(b)(5)(A)(i) begins, we interpret the start date as the date the requisite amount of qualifying investment is made. In other words, we will use the date the investment was contributed to the new commercial enterprise and placed at risk in accordance with applicable requirements, including being made available to the job-creating entity. If invested more than two years before filing the I-526 or I-526E petition, the investment should generally still be maintained at the time the I-526 or I-526E is properly filed so we can appropriately evaluate eligibility.
Before enactment of the RIA, the termination of a regional center would have been considered a material change to eligibility for investors who had not yet obtained conditional permanent resident status and, consequently, would likely have resulted in denial or revocation of associated investor petitions. The RIA added a new provision at INA 203(b)(5)(M) that permits good faith investors associated with terminated regional centers to retain eligibility in certain circumstances. Because the statute does not explicitly specify whether it applies only to post-RIA investors or also to pre-RIA investors, we are also providing guidance on how we interpret this new provision for pre-RIA investors upon regional center termination:
Specific content can be found here:
https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program
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October 11, 2023
USCIS updated this Form below:
Form I-907, Request for Premium Processing Service
11/03/2022 09:50 AM EDT
Edition Date: 11/03/22 E. We will also accept the 11/03/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
Specific content can be found here:
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October 12, 2023
USCIS has launched a new Enterprise Change of Address (E-COA) self-service tool to allow customers with pending applications, petitions, or requests to update their address with USCIS more easily. E-COA will significantly improve the speed and efficiency of the process for USCIS customers to update their addresses with USCIS.
With E-COA, most individuals with a USCIS online account can update their mailing and physical address with USCIS for pending applications, petitions, or requests in a single place, eliminating the need to update the address in multiple places; fill out a paper AR-11, Alien’s Change of Address Card; call the Contact Center; or visit a USCIS Field or Asylum Office. E-COA will automate address changes for almost all form types (the exceptions are listed at uscis.gov/addresschange).
Customers who do not have any pending applications, petitions, or requests can use the tool to meet the requirement to notify USCIS if they have moved. The E-COA tool is available in English only and can be accessed via a USCIS online account regardless of whether an individual’s pending case was submitted online or by mail.
Individuals protected under 8 USC 1367 (persons who have pending or approved applications or petitioners for Violence Against Women Act (VAWA) benefits, T nonimmigrant status, or U nonimmigrant status and their beneficiaries or derivatives) cannot use E-COA during the initial phase. Represented applicants or petitioners with VAWA-, T-, or U-related cases can request a change of address by emailing the designated mailbox under the Inquiries for VAWA, T, and U Filings section. Unrepresented individuals with VAWA-, T-, or U-related cases can request a change of address by following the instructions on the How to Change Your Address webpage. Individuals who requested parole for an Afghan national can request a change of address for beneficiaries who have relocated outside of Afghanistan by following the instructions on the Information for Afghan Nationals webpage.
To use the E-COA tool, individuals need a USCIS online account and must enter their last name, date of birth, and new physical and mailing addresses. Individuals are also encouraged to include information about their pending applications, petitions, or requests.
Changing your address with the U.S. Postal Service (USPS) will not change your address with USCIS. Please update your information with both USCIS and USPS. Address changes made through E-COA will not affect Freedom of Information Act (FOIA) or Privacy Act (PA) requests. If you need to change your address for a FOIA or PA request, please email FOIAPAQuestions@uscis.dhs.gov.
Specific content can be found here:
https://www.uscis.gov/addresschange
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October 16, 2023
USCIS is issuing new instructions for asylum applications submitted by individuals whose removal proceedings were dismissed or terminated by the Executive Office for Immigration Review (EOIR).
Effective Oct. 16, 2023, if EOIR dismisses or terminates your removal proceedings and you choose to pursue a claim for asylum, you must submit a current version of Form I-589, Application for Asylum and for Withholding of Removal, to the USCIS lockbox that has jurisdiction over your place of residence. If you had a pending asylum application when EOIR dismissed or terminated your removal proceedings, you should include in your submission any additional or updated information regarding your claim for asylum. We also recommend that you submit proof demonstrating that:
If the evidence establishes that you filed Form I-589 before the date when EOIR dismissed or terminated your removal proceedings, we will issue a receipt notice with your original Form I-589 filing date. This is the date we will use for purposes of the one-year filing deadline, employment authorization eligibility based on a pending asylum application, asylum interview scheduling priority, and age determinations for child-dependent applicants. If you did not file Form I-589 before the date when EOIR dismissed or terminated your removal proceedings, we will issue a receipt notice with your current Form I-589 filing date.
If you originally filed an asylum application with USCIS (known as an affirmative asylum application), and we referred, forwarded, or transferred your asylum application to immigration court where it remained pending until the removal proceedings were dismissed or terminated, we intend to issue a new discretionary Notice to Appear to send your application back to EOIR if you file a new asylum application.
To avoid processing delays, carefully review the “Where to File” and “Special Instructions” sections of our Form I-589 webpage before submitting your application. Use our Filing Instructions Tool to find out whether you are eligible to file Form I-589 with USCIS either by paper or online. Visit our Form I-765 webpage for information about Employment Authorization Documents for applicants with a pending application for asylum or withholding of deportation or removal under 8 CFR 274a.12(c)(8).
Specific content can be found here:
https://www.uscis.gov/humanitarian/form-i-589-filing-instructions-tool
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October 16, 2023
USCIS has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year (FY) 2024. Oct. 11, 2023, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2024. USCIS will reject new cap-subject H-2B petitions received after Oct. 11, 2023, that request an employment start date before April 1, 2024.
USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:
U.S. businesses use the H-2B program to employ foreign workers for temporary nonagricultural jobs. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 – March 31) and 33,000 (plus any unused numbers from the first half of the fiscal year) for workers who begin employment in the second half of the fiscal year (April 1 – Sept. 30).
Specific content can be found here:
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October 20, 2023
Policy guidance has been issued by USCIS in the USCIS Policy Manual clarifying that a sole proprietorship may not file a petition on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from the owner.
This Policy Manual update affirms the existing guidance. The update distinguishes a sole proprietor from a self-incorporated petitioner (such as a corporation or a limited liability company with a single owner), where the corporation or the single member limited liability company is a separate and distinct legal entity from its owner, which may petition for that owner.
This update also clarifies guidance regarding blanket petitions. International organizations file blanket L-1 petitions on behalf of all individual entities named in the petition. USCIS is updating policy guidance to clarify that the failure to file an extension of the blanket petition does not trigger the 3-year waiting period before another blanket petition may be filed.
This guidance, contained in Volume 2 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any prior guidance on the topic.
The L-1 nonimmigrant visa classification enables a U.S. employer that is part of a qualifying organization to temporarily transfer employees from one of its related foreign offices to locations in the United States. Existing USCIS policy and practice provide that a sole proprietorship may not file an L-1 petition on behalf of its owner.
Specific content can be found here:
https://www.uscis.gov/policy-manual/volume-2-part-l
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October 23, 2023
A notice of proposed rulemaking (NPRM) was announced by the U.S. Department of Homeland Security to modernize and improve the regulations for the H-1B specialty occupation worker program.
Through this proposed rule, DHS seeks to streamline the requirements of the H-1B program, improve program efficiency, provide greater flexibility for petitioners and beneficiaries, and improve integrity measures.
Among additional provisions, the proposed rule would improve the H-1B program by:
To Submit Comments
The NPRM allows for a 60-day public comment period that begins once the NPRM is published in the Federal Register. You may submit comments through Regulations.gov. Please follow the instructions for submitting comments. DHS may not review comments submitted in a manner other than the one listed in the instructions, including emails or letters sent to DHS or USCIS officials.
DHS welcomes public comments on the proposed rule, including legal and policy considerations, and suggestions for alternative approaches. We will review all properly submitted comments, consider them carefully, and draft responses before issuing a final rule.
Specific content can be found here:
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October 24, 2023
Policy guidance was issued by USCIS in the USCIS Policy Manual regarding the 2-year foreign residence requirement for the nonimmigrant exchange visitor (J) classification.
The update adds information about how USCIS determines whether the requirement has been met, the evidence a benefit requestor may submit to show compliance with the requirement, and how it considers situations in which it is effectively impossible for the benefit requestor to satisfy the requirement.
It also corrects an omission, from the existing Policy Manual content, of one of the foreign medical graduates’ grounds for waivers of the foreign residence requirement. This update includes the ground and clarifies employment requirements.
The guidance is effective immediately upon publication.
The J-1 nonimmigrant classification is for exchange visitors who intend to participate in an approved program in the United States for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or receiving graduate medical education or training.
Specific content can be found here:
https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/exchange-visitors
https://www.uscis.gov/policy-manual
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October 26, 2023
USCIS is updating new guidance on the EB-5 Regional Center Program and new content on the regional center designation and obligations, project applications, and direct and third-party promoters.
This update incorporates changes from the EB-5 Reform and Integrity Act of 2022 into the Policy Manual, building on the initial update that incorporated such changes on Oct. 6, 2022.
This update reorganizes Part G, Volume 6 of the Policy Manual, and includes a few revisions to the content published in October 2022 to reflect the new organization. It also updates the chapter on adjudication of investor petitions for classification and adds new content on regional center designations and obligations, project applications, and direct and third-party promoters, including registration.
Further updates to EB-5 guidance in the Policy Manual are forthcoming and will include revisions to Chapter 5, Removal of Conditions.
The new guidance is effective immediately and is controlling, and supersedes any related prior guidance.
Specific content can be found here:
https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program
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October 30, 2023
Applicants who filed renewal Form I-765, Application for Employment Authorization will qualify for an automatic extension of their expiring employment authorization and/or EADs while their renewal application is pending. This includes those who have applied for or have received Temporary Protected Status or asylum.
Normally, USCIS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. In May 2022, however, USCIS announced a temporary final rule (TFR) that increased the automatic extension period for employment authorization and/or EADs available to certain EAD renewal applicants from up to 180 days to up to 540 days.
As announced in the 2022 TFR, automatic extensions of employment authorization and EAD validity will revert to the original up to 180-day period for those eligible applicants who timely file Form I-765 EAD renewal applications on or after Oct. 27, 2023. This change is not retroactive; all previous up to 540-day automatic extensions will remain in place.
For individuals who received an increased automatic extension period under the TFR, the increased automatic extension will end when they receive a final decision on their EAD renewal application or when the up to 540-day period expires (counted from the expiration date of the employment authorization and/or their EAD), whichever comes earlier.
USCIS is in the process of determining whether, notwithstanding past and ongoing operational improvements, there is a need for a new regulatory action similar to the May 2022 TFR.
For more information about this update, visit our Automatic Employment Authorization Document Extension page.
Form I-765 Backlog Reduction Efforts
USCIS recently published a Policy Manual update increasing the maximum EAD validity period to five years for initial and renewal applications approved on or after September 27, 2023, for the following categories:
Increasing the maximum EAD validity period to five years for these noncitizens should significantly reduce the number of Form I-765 EAD renewal applications submitted to USCIS and processing times. These new policy updates will help USCIS allocate resources to further reduce the backlog of Forms I-765.
USCIS is making every effort to help avoid gaps in employment or employment authorization documentation for noncitizens with pending EAD renewal applications and to help reduce EAD processing times overall, including by dedicating additional personnel and implementing processing improvements to decrease the median processing time for certain EAD applications to 30 days.
Specific content can be found here:
https://www.uscis.gov/eadautoextend
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November 2, 2023
Recently, USCIS updated this Form:
Form G-325A, Biographic Information (for Deferred Action)
Edition Date: 10/25/23. Starting Nov. 13, we will only accept the 10/25/23 edition. Until then, you can also use the 08/30/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
Specific content can be found here:
Immigration Law, DACA, U Visa, VAWA
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November 8, 2023
USCIS Policy Manual is being updated (PDF, 343.18 KB) for adjudicating Special Immigrant Juvenile (SIJ) petitions. This update will make the SIJ adjudication process more efficient for some applicants.
We are updating this guidance to align with the July 31, 2023, declaratory order in Casa Libre/Freedom House v. Mayorkas. The 180-day time frame for USCIS to adjudicate an SIJ petition applies only to the initial adjudication of an SIJ petition. It does not extend to the adjudication of any motion or appeal filed after a denial of an SIJ petition.
SIJ is an immigration classification for noncitizens in the United States who need the protection of a juvenile court because they have been abused, abandoned, or neglected by a parent. They may apply for SIJ classification using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Noncitizens with SIJ classification may qualify for lawful permanent resident status (also known as getting a Green Card).
Specific content can be found here:
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November 10, 2023
USCIS announced a change of location for newly filed Forms I-140 filed at the same time as Form I-907 will change from USCIS service centers to USCIS lockboxes.
This change in filing location does not apply if you are filing Form I-907 for a currently pending Form I-140, or if you are filing Form I-140 with an associated application (such as Form I-765, Form I-131, or Form I-485). We will soon announce filing location changes for these forms, but at this time, they should be filed with the service centers, as listed on the Direct Filing Addresses for Form I-140, Immigrant Petition for Alien Worker page.
At this time, the lockboxes will reject any Form I-907 filed with a Form I-140 that has an associated Form I-131, Form I-485, or Form I-765. These types of Form I-907 requests should continue to be filed with service centers as listed on the Direct Filing Addresses for Form I-140, Immigrant Petition for Alien Worker page.
Where to File
Starting Nov. 13, 2023, please use the following addresses when mailing Form I-140 and Form I-907 together to USCIS. Starting Dec. 13, USCIS will reject any Form I-907 filed with Form I-140 that is received at the previous service center address.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-changes-filing-location-for-form-i-907-with-form-i-140
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November 20, 2023
We recently updated the following USCIS form(s):
Form I-601A, Application for Provisional Unlawful Presence Waiver
08/31/2021 03:09 PM EDT
Specific content can be found here:
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November 20, 2023
A joint temporary final rule was announced by The U.S. Department of Homeland Security (DHS) together with the U.S. Department of Labor (DOL) to increase the number of H-2B temporary nonagricultural worker visas for fiscal year (FY) 2024. This rule makes available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2024. These supplemental H-2B visas are for U.S. employers seeking to petition for additional workers at certain periods of the fiscal year before Sept. 16, 2024.
The supplemental H-2B visa allocation consists of roughly 44,700 visas available to returning workers who received an H-2B visa or were otherwise granted H-2B status during one of the last three fiscal years. The remaining 20,000 visas are reserved for nationals of El Salvador, Guatemala, Honduras, Haiti, and now Colombia, Ecuador, and Costa Rica, regardless of whether they are returning workers.
Specific content can be found here:
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November 27, 2023
USCIS Tampa Asylum Office is moving to a new location.
Effective Dec. 11, 2023, the new address will be:
3924 Coconut Palm Drive
Tampa, Florida 33619
The current location will close to the public on Nov. 29, and the new location will open to the public on Dec. 11. We will begin accepting mail at the new location on Nov. 29. However, the Tampa Asylum Office will not have walk-in hours until Dec. 13.
This move will not affect the Tampa Asylum Office’s jurisdiction. The Tampa Asylum Office will continue to adjudicate asylum claims filed by individuals residing in western and northern Florida as well as portions of central Florida.
If you are an asylum applicant and you have been scheduled for an asylum interview, carefully review your interview notice for important information about your asylum interview, including where to go for your interview. As a reminder, asylum interviews are by appointment only. See the Asylum Office locator for more information about asylum office locations and services.
Specific content can be found here:
https://egov.uscis.gov/office-locator/#/asy
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November 29, 2023
Recently USCIS updated Form(s):
Form G-884, Request for the Return of Original Documents
11/09/2023 03:22 PM EST
Edition Date: 11/09/23. Starting Jan. 29, 2024 , we will only accept the 11/09/23 edition. Until then, you can also use the 12/02/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
Form I-134, Declaration of Financial Support
11/09/2023 03:07 PM EST
Edition Date: 11/09/23. Starting Jan. 29, 2024, we will only accept the 11/09/23 edition. Until then, you can also use the 01/04/23 edition. You can find the edition date at the bottom of the page on the form and instructions.
Specific content can be found here:
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December 12, 2023
USCIS updated a new guidance on family-based conditional permanent residence in its Policy Manual. The update consolidates and updates guidance on eligibility, filing, and adjudication for Form I-751, Petition to Remove Conditions on Residence.
The update clarifies what noncitizens must do to change the basis of filing in cases of waivers based on battery or extreme cruelty. It also clarifies that if a noncitizen’s conditional permanent resident status is terminated for failing to timely file Form I-751, they may be eligible to adjust permanent resident status on a new basis. This is true even if USCIS issues a notice of termination of conditional permanent resident status before the noncitizen files Form I-485, Application to Register Permanent Residence or Adjust Status.
Under the Immigration Marriage Fraud Amendments of 1986, a noncitizen obtains permanent resident status on a conditional basis for two years if:
To remove the conditions on their permanent resident status, conditional permanent residents generally must file Form I-751 within 90 days before the two-year anniversary of when they obtained conditional permanent resident status.
Specific content can be found here:
Immigration Law, Green Card, Citizenship
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December 20, 2023
USCIS is issuing policy guidance regarding the F and M student nonimmigrant classifications, including the agency’s role in adjudicating applications for employment authorization, change of status, extension of stay, and reinstatement of status for these students and their dependents in the United States.
This guidance consolidates existing policy. USCIS expects that this will provide welcome clarity to international students and U.S. educational institutions on a wealth of topics, including eligibility requirements, school transfers, practical training, and on- and off-campus employment.
For example, the guidance clarifies that F and M students must have a foreign residence that they do not intend to abandon, but that such students may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay.
In addition, the guidance specifies how F students seeking an extension of optional practical training (OPT) based on their degree in a science, technology, engineering, and mathematics (STEM) field may be employed by startup companies, as long as the employer adheres to the training plan requirements, remains in good standing with E-Verify, and provides compensation commensurate to that provided to similarly situated U.S. workers, among other requirements.
The nonimmigrant academic student (F-1) classification allows a noncitizen to enter the United States as a full-time student at a college, university, seminary, conservatory, academic high school, elementary school, or other academic institution, or in a language training program. The nonimmigrant vocational student (M-1) classification includes students in established vocational or other recognized nonacademic programs, other than language training programs.
Specific content can be found here:
https://www.uscis.gov/policy-manual/volume-2-part-f
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January 2, 2024
Today, USCIS announced a final rule that will increase the filing fee for Form I-907, Request for Premium Processing, to adjust for inflation.
The USCIS Stabilization Act established the current premium processing fees and the authority for the Department of Homeland Security to adjust the premium fees on a biennial basis. After leaving these fees unchanged for the three years following the passage of the Act, DHS now is increasing the premium processing fees USCIS charges for all eligible forms and categories to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers.
DHS will use the revenue generated by the premium processing fee increase to provide premium processing services; make improvements to adjudications processes; respond to adjudication demands, including reducing benefit request processing backlogs; and otherwise fund USCIS adjudication and naturalization services.
The fee change will go into effect on Feb. 26, 2024. If USCIS receives a Form I-907 postmarked on or after Feb. 26, 2024, with the incorrect filing fee, we will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.
Specific content can be found here:
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January 5, 2024
Today, USCIS issued policy guidance on how we analyze an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications, including instances when the sponsored worker is changing employers.
Generally, employers seeking to classify prospective or current employees under the first-, second-, and third-preference employment-based immigrant visa classifications that require a job offer must demonstrate their continuing ability to pay the proffered wage to the beneficiary as of the priority date of the immigrant petition until the beneficiary obtains lawful permanent residence.
The updated guidance explains that when the beneficiary of a Form I-140, Immigration Petition for Alien Workers, moves (or “ports”) to a new employer under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) while the Form I-140 is pending, USCIS determines whether the petitioner meets the ability to pay requirements only by reviewing the facts in existence from the priority date until the filing of the Form I-140. USCIS is also making other minor technical revisions to improve clarity and readability, and otherwise streamline existing guidance.
This guidance, contained in Volume 6, Part E, Chapter 4 of the Policy Manual is effective immediately upon publication and applies prospectively to petitions filed on or after that date. It builds on previous guidance from March 15, 2023, on how USCIS analyzes employers’ ability to pay the proffered wage and is one of many recent actions to support the adjustment of status applicants.
Specific content can be found here:
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20240105-AbilityToPay.pdf
https://www.uscis.gov/policy-manual/volume-6-part-e-chapter-4
EB-3, Immigration Law, Green Card, Citizenship
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January 12, 2024
USCIS recently uploaded the Forms below:
Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA)
Edition Date: 08/31/21 E. We will also accept the 08/31/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
Form I-690, Application for Waiver of Grounds of Inadmissibility Under Sections 245A or 210 of the Immigration and Nationality Act
Edition Date: 12/13/23. Starting March 11, 2024, we will only accept the 12/13/23 edition. Until then, you can also use the 12/02/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
Form I-129S, Nonimmigrant Petition Based on Blanket L Petition
Edition Date: 12/13/23. Starting March 11, 2024, we will only accept the 12/13/23 edition. Until then, you can also use the 09/03/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
Form I-191, Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA)
Edition Date: 12/13/23. Starting March 11, 2024, we will only accept the 12/13/23 edition. Until then, you can also use the 07/20/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
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January 24, 2024
Today, USCIS announced an update to its Policy Manual providing that USCIS, in our discretion and under certain conditions, may excuse a nonimmigrant’s failure to timely file an extension of stay or change of status request if the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner.
The update clarifies that extraordinary circumstances may include, but are not limited to, where the delay was due to a slowdown or stoppage of work involving a strike, lockout, or other labor dispute, or where the primary reason for the late filing is the inability to obtain a certified labor condition application or temporary labor certification due to a lapse in government funding supporting those certifications.
This Policy Manual update addresses a commitment made in the report by the H-2B Worker Protection Task Force (see p. 6-7 of the report – Action 1.1.). The report requires that DHS clarify that a worker who has remained in the United States after the expiration of their period of admission identified in their Form I-94 due to a workplace labor dispute will not be negatively affected solely for these reasons when applying for “a subsequent visa” or a change of immigration status.
While USCIS does not issue visas, we do adjudicate extension of stay and change of status requests. Generally, certain nonimmigrants present in the United States who are admitted for a specified period, or their petitioners, may request an extension of their admission period to continue to engage in those activities permitted under the nonimmigrant classification in which they were admitted. Also, certain nonimmigrants present in the United States, or their petitioners, may seek to change their status to another nonimmigrant classification if they meet certain requirements.
In general, USCIS does not approve an extension of stay or change of status for a person who failed to maintain the previously accorded status or where such status expired before the filing date of the application or petition. If certain conditions are met, however, USCIS, in its discretion, may excuse the failure to file before the period of authorized stay expires.
Specific content can be found here:
https://www.uscis.gov/policy-manual/volume-2-part-a-chapter-4
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January 24, 2024
USCIS updated the following Forms:
*Form I-942, Request for Reduced Fee
Edition Date: 12/20/23. Starting March 25, we will only accept the 12/20/23 edition. Until then, you can also use the 12/02/21 and 02/13/19 editions. You can find the edition date at the bottom of the page on the form and instructions.
*Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal(Pursuant to Section 203 of Public Law 105-100 (NACARA))
Edition Date: 12/20/23. Starting March 25, we will only accept the 12/20/23 edition. Until then, you can also use the 12/02/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
Specific content can be found here:
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January 29, 2024
USCIS started a new process for most applicants, petitioners, requestors, and their attorneys and accredited representatives to pay for certain benefit request forms by mail or remotely instead of in person at a field office. Under the new process, applicants may mail either a check or Form G-1450, Authorization for Credit Card Transactions, to the field office with their benefit request. Applicants, petitioners, requestors, and their attorneys and accredited representatives should carefully read the filing instructions to ensure that their benefit request form can be submitted by mail or remotely and that they are filing at the correct location. We will return any incorrect filings to the applicant, who must then resubmit their filing to the correct office. By eliminating the need for an office appointment, this new process should save time and money for anyone who must pay these fees.
In addition, attorneys and accredited representatives now can process payments for EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer, through a link in the email they receive or via text from the USCIS Contact Center. Once such payment has been processed, attorneys and accredited representatives must mail their client’s EOIR-29; their EOIR-2; their EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals, and their Pay.gov receipt to the field office.
An exception to the new process is emergency advance parole (EAP) requests. Applicants submitting Form I-131, Application for Travel Document with an EAP request must still make an appointment with the USCIS Contact Center, apply in person with their package (completed form and supporting documentation), and pay the application fee (if applicable) by credit card with Form G-1450 or check at the field office.
Specific content can be found here:
https://www.justice.gov/eoir/file/639741/dl?inline
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January 31, 2024
Today, U.S. Citizenship and Immigration Services (USCIS) published a final rule to adjust certain immigration and naturalization benefit request fees for the first time since 2016. The final rule will allow USCIS to recover a greater share of its operating costs and support more timely processing of new applications.
The final rule is the result of a comprehensive fee review, as required by law, and follows the January 2023 publication of a notice of proposed rulemaking. The review concluded that the current fee schedule falls far short of recovering the full cost of agency operations, including the necessary expansion of humanitarian programs, federally mandated pay raises, additional staffing requirements, and other essential investments.
“For the first time in over seven years, USCIS is updating our fees to better meet the needs of our agency, enabling us to provide more timely decisions to those we serve,” said USCIS Director Ur M. Jaddou. “Despite years of inadequate funding, the USCIS workforce has made great strides in customer service, backlog reduction, implementing new processes and programs, and upholding fairness, integrity, and respect for all we serve.”
USCIS received over 5,400 unique public comments in response to its January 2023 notice of proposed rulemaking. USCIS took into consideration comments and feedback received during the proposed rulemaking process. Acknowledging this feedback from stakeholders, the final fee rule includes several important updates since the initial rulemaking. The final rule:
Every fee in the final rule is the same or lower than in the proposed rule. For most individual filers, the final rule limits how much newly established fees may increase. Under the final rule, the new fees will not increase by more than 26%, which is equivalent to the increase in the Consumer Price Index since the last fee rule was issued in 2016.
With the new revenues the rule will generate, USCIS will start using innovative solutions to improve customer experience and stem backlog growth. Although the fee increases announced today will allow USCIS to better offset overall costs, congressional funding continues to be necessary to sustainably and fully address the increased volume of caseloads associated with recent border crossers, including by hiring additional USCIS personnel to help right-size a system that was not built to manage the numbers of cases USCIS receives.
The new fees under the final rule will go into effect on April 1, 2024.
USCIS encourages stakeholders to visit the Frequently Asked Questions page on its website to view a full list of the revised forms that will go into effect on April 1, 2024, along with the new fees. USCIS will accept prior editions of most forms during a grace period from April 1, 2024, through June 3, 2024. During this grace period, USCIS will accept both previous and new editions of certain forms, filed with the correct fee.
There will be no grace period for the following new forms, however, because they must be revised with a new fee calculation. Filers should click the links below to access a preview version of each new form edition before April 1, 2024, effective date:
USCIS will use the postmark date of a filing to determine which form version and fees are correct but will use the receipt date for purposes of any regulatory or statutory filing deadlines.
Specific content can be found here:
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February 21, 2024
USCIS updated the following forms:
Edition Date: 12/08/21 E. We will also accept the 12/08/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
Edition Date: 12/08/21 E. We will also accept the 12/08/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
Edition Date: 12/08/21 E. We will also accept the 12/08/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
Edition Date: 12/08/21 E. We will also accept the 12/08/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
Specific content can be found here:
https://www.uscis.gov/forms/forms-updates
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February 26, 2024
USCIS announced new inflation-adjusted premium processing fees today, increasing the filing fee for Form I-907, Request for Premium Processing. USCIS published a final rule announcing the change on Dec. 28, 2023.
The USCIS Stabilization Act established the current premium processing fees and the authority for the Department of Homeland Security to adjust the premium fees on a biennial basis. After leaving these fees unchanged for the three years following the passage of the Act, DHS is now increasing the premium processing fees USCIS charges for all eligible forms and categories to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers. The adjustment increases certain premium processing fees from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805.
If USCIS receives a Form I-907 postmarked on or after Feb. 26, 2024, with the incorrect filing fee, we will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.
DHS will use the revenue generated by the premium processing fee increase to provide premium processing services; make improvements to adjudications processes; respond to adjudication demands, including reducing benefit request processing backlogs; and otherwise fund USCIS adjudication and naturalization services.
You may only request premium processing for a benefit if USCIS has announced on its website that premium processing is available for that benefit.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-announces-inflation-adjustment-to-premium-processing-fees
https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing
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February 26, 2024
USCIS recently updated the following Forms:
Edition Date: 02/26/24. Starting April 26, 2024, we will only accept the 02/26/24 edition. Until then, you can also use the 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.
The new filing fee is effective for filings postmarked Feb. 26 and later. If you are filing an acceptable prior form edition, you must include the new filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.
Edition Date: 02/26/24. You can find the edition date at the bottom of the page.
Specific content can be found here:
https://www.uscis.gov/forms/forms-updates
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February 29, 2024
USCIS is changing the filing locations for certain forms and transferring cases as part of a larger initiative to centralize petition and application filing locations.
Important Reminders
If USCIS transfers your case, we will send you a case transfer notice indicating which office you should communicate with for inquiries related to your case. If we send you a request for evidence (RFE), the RFE will indicate to which address you should send the requested information. We may send you an RFE that instructs you to send the requested information to a central location different from where you filed your immigration benefit request. If you follow the instructions on your receipt notice, case transfer notice, or RFE, you send any requested information to the correct office.
Changes in filing location from service centers to a USCIS lockbox are part of our efforts to increase efficiency by reducing our footprint at the service centers and reducing costs related to service center intake of these forms. Changes in filing locations also allow USCIS to centralize the digitization of these forms for electronic adjudication.
Specific content can be found here:
https://www.uscis.gov/forms/lockbox-and-service-center-filing-location-updates
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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:
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:
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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:
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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:
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
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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://secure.ssa.gov/poms.nsf/lnx/0110205700
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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
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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 |
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.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule
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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
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April 2, 2024
USCIS recently updated the following forms:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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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
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April 22, 2021
USCIS recently updated Form I-600A, the Application for Advance Processing of an Orphan Petition, and additionally, Form I-600, Petition to Classify Orphan as an Immediate Relative. Starting with July 19, 2021, USCIS will only accept the 12/21/19 edition of the forms. USCIS provided a summary of changes to the new edition.
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April 22, 2021
On Tuesday, the 11th Circuit supported harsher sentences for unauthorized immigrants who commit serious crimes before or after they illegally reenter the US. The panel ruled that although the enhanced sentences used in criminal trials are not expressly mandated by the INA, they can be used to put off certain criminal conduct and still satisfy the Fifth Amendment’s due-process requirements. Before 2016, sentencing guidelines only punished reentry when coupled with another criminal offense. But in 2016, sentencing guidelines were revised to account for criminal offenses that occur after an immigrant has been deported and then has reentered the U.S.
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April 21, 2021
During oral arguments on Monday, the U.S. Supreme Court justices appeared in doubt whether immigrants with temporary protections should get green cards or not if they entered the country illegally. The argument was to consider a petition from two Salvadorans with TPS, with their attorney saying that people with TPS “shall be considered as being in, and maintaining, lawful status as a nonimmigrant.” Chief Justice John Roberts expressed confusion over their argument in favor of adjusting status but Judge Kavanaugh hinted that he may side with the government by pointing to a Third Circuit opinion. The outcome of this case could affect some of the 400,000 people in the U.S. who arrived without paperwork but have since acquired TPS.
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April 21, 2021
On Tuesday, DHS announced that there will be an additional increase of 22,000 visas for the H-2B visa program. These additional visas will be made available in the coming months by a temporary final rule in the Federal Register. Six thousand visas will be reserved for nationals of Honduras, El Salvador and Guatemala.
Department of Homeland Security added that “The additional visas will only be made available to employers that attest that, if they do not receive workers under the cap increase, they are likely to suffer irreparable harm. Furthermore, the temporary final rule will allow employers to immediately hire H-2B workers who are already present in the United States without waiting for approval of the new petition.”
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April 19, 2021
On Monday, the Supreme Court is set to hear a case that could affect the noncitizens living with TPS in the U.S. Jose Sanchez and Sonia Gonzalez were denied green cards by the State of New Jersey because they entered the U.S. illegally, despite being present under TPS, which caused them to sue in 2015. Immigration advocates and experts are confused as to why the case is still being heard considering that the White House proposed the U.S. Citizenship Act, which would let Sanchez and Gonzalez apply for green cards given their current status. At issue before the Supreme Court is whether TPS beneficiaries are eligible to apply for green cards even if they initially entered the country illegally. The Supreme Court is anticipated to resolve this tear on this issue.
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April 16, 2021
On Wednesday, Democrats on the House Judiciary Committee advanced a bill that would prohibit the White House from blocking immigrants from entering the United States based on their religion. Former President Donald Trump gave an executive order that was signed during his first week in office in 2017, which limited visas for people from 13 countries, many with majority-Muslim populations. This bill comes as a direct response to that order and to his Muslim ban. President Biden rescinded the ban on his first day in office, but the bill seeks to bar future presidents from taking similar action. The bill will be called the No BAN Act.
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April 16, 2021
Last week, the Biden administration announced that it would be rolling back a Trump-era policy which denied access to public and subsidized housing to “mixed-status” families. This included households where some members are US citizens and others are undocumented immigrants. Under former President Trump’s proposal, those families faced two choices: either kicking out the undocumented family member to keep the home, or keep the family together and lose housing. Immigrant rights groups advised against this policy, stating that it would lead to mass homelessness. Around the same time as Biden rolled back the policy, New York joined several states which have expanded their budgets and social safety nets to include the undocumented.
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April 16, 2021
On Wednesday, the House Judiciary Committee advanced two bills. If passed, they would offer protections to individuals who are seeking to enter the United States, strengthening a Democratic push to prevent future travel bans like those imposed by the former President Trump. The National Origin-Based Antidiscrimination for Nonimmigrants Act, also known as NO BAN, would prohibit religious discrimination and limit the president’s authority to bar individuals from entering the U.S. based on their nationality. The Access to Counsel Act of 2021 would allow travelers – including foreign travelers and U.S. citizens that are held up for additional inspection at U.S. ports of entry to contact legal counsel. Advocacy groups praised the two bills, and they will now go before the full chamber for a vote.
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April 14, 2021
On Friday, President Joe Biden revoked Executive Order 13928, Blocking Property of Certain Persons Associated with the International Criminal Court (ICC). In light of the cancellation, the suspension of entry as immigrants and nonimmigrants of certain persons associated with the ICC will no longer be in effect starting April 1, 2021. The order was initially issued following the declaration of a national emergency on June 11, 2020.
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April 13, 2021
USCIS announced that that F-1 students seeking optional practical training (OPT) can now file Form I-765, the Application for Employment Authorization online if they are filing under one of these categories: Pre-Completion OPT; Post-Completion OPT; and 24-Month Extension of OPT for technology, engineering, mathematics and science students. Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study.
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April 12, 2021
On Thursday, a split Ninth Circuit denied a bid by Republican attorney generals to revive the public charge rule. However, opposing Judge VanDyke slammed the Biden administration for terminating the public charge rule “with extreme prejudice” in a sharp dissent. Van Dyke maintained that the panel erroneously blocked a bid led by a coalition of states trying to defend the Trump-era immigration wealth test. The Ninth Circuit’s decision marks an end for the Department of Homeland Security policy announced in August 2019 that aimed to expand the meaning of public charge, thus making it more difficult for immigrants who use public benefits, such as food stamps or Medicaid, to qualify for a green card.
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April 13, 2021
President Biden’s budget request for the upcoming fiscal year would increase the number of immigration judges and additionally, it would allocate millions of dollars in funding to clear backlogs of hearings and asylum requests. The $1.5 trillion request seeks to spend $891 million on nearly 1.3 million outstanding immigration court cases, and includes 100 new judges, representing a 21% increase. Boosted funding for immigration programs comes without a surprise considering the Biden administration has been struggling with a sharp influx of asylum seekers at the southern border since Biden took office.
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April 12, 2021
A Federal Court in New Hampshire is allowing the ACLU’s lawsuit challenging CBP’s checkpoints in New England to proceed. While an individual CBP (Customs and Border Protection Agency) agent was dismissed from the case, the court rejected the Agency’s argument that the case against CBP should be dismissed. As part of these immigration checkpoints, CBP has detained hundreds, if not thousands of individuals who were lawfully traveling in northern New England during the summer and fall, for tourist reasons without any suspicion that they have committed a crime. The ACLU affiliates argue that these checkpoints are beyond the scope of CBP’s authority.
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April 6, 2021
President Biden will let a ban on certain temporary foreign work visas expire on Wednesday, according to two administration officials. This will reopen a labor pool that was cut off by his predecessor during the coronavirus pandemic.
Former President Donald J. Trump blocked visas for a variety of jobs last June, including those for computer programmers and engineers who enter the United States on H-1B visas, students on work-study programs, as well as seasonal workers in the hospitality industry.
The previous administration said at the time that the ban on temporary work visas, as well as a separate block on green cards, was needed to protect employment opportunities for Americans who lost their jobs during the fall of the economy as a result of the pandemic. In spite of this, numerous studies have shown that immigrants actually benefit the economy and banning them would harm industries in the United States that utilize skilled workers and talent from around the world. Business leaders openly criticized the orders as blocking critically needed employees willing to work jobs that Americans are not willing to do or capable of doing.
After business associations filed a lawsuit against the order on foreign workers, a federal judge in California in October lifted the ban on a large number of the work visas.
April 05, 2021
Last Tuesday, fourteen GOP attorney generals asked the Supreme Court to bring back to life the Trump administration’s public charge rule, which penalizes immigrants for using certain public benefits. The rule was dissolved by a federal judge in Illinois in November, but was appealed by the federal government subsequently. In March, under the Biden administration, the government dismissed their pending appeals. Now, the states said that Biden’s dismissal has evaded the Supreme Court’s review of the policy. The rule was previously struck down by five federal courts, with the Trump administration appealing every time. But in March, the Seventh Circuit rejected the states’ bid to intervene, setting up their Tuesday petition. The petition affirms the states would be impacted by the injunction, especially on the financial side.
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April 5, 2021
Starting in June 2020 former President Trump issued a ban on foreign workers entering the United States. The ban expired last Wednesday and it will not be renewed by President Biden. Although he lifted many Trump-era restrictions when he got into office, he kept the work visa ban Trump instituted during the pandemic, upsetting many immigrant advocates. The ban affected all the skilled workers applying for H-1B visas along with their spouses applying for H-4 visas. The Trump administration claimed that this ban would save 525,000 American jobs, even though most pandemic-related layoffs happened in industries that don’t employ many foreign workers with visas.
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April 5, 2021
U.S. Citizenship and Immigration Services (USCIS) confirmed that for all forms it has returned to the form rejection guidelines it applied before October 2019 regarding blank responses. In 2019, USCIS changed the form rejection criteria for Forms I-589, I-612, and I-918 – asylum, waiver of foreign residence requirement, and petition for U-visa. From now on USCIS will no longer reject these forms if an applicant leaves a blank space. Nevertheless, the agency cautions that blank spaces may create delays in processing an applicant’s case.
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April 2, 2021
The Executive Office for Immigration Review (EOIR) has announced the release of Certification and Release of Records, Form EOIR-59. The form enables current and former respondents who have or had business before EOIR to request or authorize the disclosure of their information. This also includes information retained in case files or a Record of Proceeding, to themselves, an attorney, accredited representative, qualified organization, or other third party. EOIR will continue to accept Form DOJ-361, Certification of Identity.
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April 2, 2021
On Friday, USCIS announced updated guidance for resolving requests for P-1A nonimmigrant classification for internationally recognized athletes. The guidance clarifies the meaning of the phrase “major United States sports league or team” as used in the regulations. It is specific to internationally recognized athletes, a category that is distinct from the additional P-1A categories created by the COMPETE Act of 2006.
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April 2, 2021
A federal judge did not make any ruling on Tuesday over the fate of DACA, which grants limited protections on hundreds of thousands of immigrants brought into the U.S. as children. U.S. District Judge Andrew Hanen set an early April deadline for lawyers on both sides to provide more information.
The case is led by Texas, which are asking the judge to invalidate DACA altogether. The State of New Jersey and two immigration advocacy groups are leading the defense for DACA, against Texas. Judge Andrew Hanen had previously ruled against Texas in 2018. He also declined to issue a preliminary injunction, yet stated that he believed DACA was unconstitutional.
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April 1, 2021
ICE announced that it has extended the flexibility of the rules related to Form I-9, the Employment Eligibility Verification form, compliance during the COVID-19 pandemic until May 31, 2021. The current extension includes guidance for employees hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID related precautions. Those employees are temporarily exempt from physical inspection requirements associated with the I-9, until they undertake non-remote work on a regular, consistent, or predictable basis.
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April 1, 2021
USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B cap including the advanced degree exemption (master’s cap). The agency randomly selected from among the registrations that were properly submitted, to reach the cap. Therefore, the USCIS has notified all prospective petitioners with selected registrations that they are now eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
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國土安全部部長Mayorkas關於DACA的聲明國土安全部部長Mayorkas關於DACA的聲明國土安全部部長Mayorkas關於DACA的聲明March 30, 2021
Secretary of Homeland Security Alejandro N. Mayorkas released the following statement in response to the DACA issue, announcing that the Department of Homeland Security will issue a notice of a proposed set of rules that will help to preserve and fortify DACA (Deferred Action for Childhood Arrivals), is a policy that protects around 800,000 young people, were formerly known as “Dreamers” and who entered the United States unlawfully as children.
Alejandro Mayorkas cited: “We are taking action to preserve and fortify DACA. This is in keeping with the President’s memorandum. It is an important step, but only the passage of legislation can give full protection and a path to citizenship to the Dreamers who know the U.S. as their home.”
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第九巡回法庭的法官为重新制定庇护规则而失败竞标。March 26, 2021
On Wednesday, the full Ninth Circuit refused to review a panel order blocking an older policy from the Trump-era that dismantled asylum eligibility from migrants who cross the Southern border outside a port of entry. Earlier, a panel formed by three judges refused to lift a temporary block on the asylum policy nationwide, thus forcing the Trump administration to bring the policy before the entire Ninth Circuit. While the full bench decided against revisiting the panel’s decision, six judges disagreed declaring they are not “Platonic Guardians” of public policy.
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March 24, 2021
The Department of Homeland Security (DHS) announced on March 19, 2021 the withdrawal of the affidavit of support proposed rule, consistent with DHS’s continued commitment to reduce barriers within the legal immigration system which placed increased burdens on American families that are planning to sponsor individuals immigrating to the United States.
The proposed rule from Oct. 2, 2020, would have changed the evidentiary requirements for U.S. citizens, U.S. nationals, and lawful permanent residents wishing to sponsor an individual immigrating to the U.S. by completing an affidavit of support under Section 213A of the Immigration and Nationality Act (INA) on behalf of the intending immigrant.
Consistent with President Biden’s Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, DHS and USCIS are committed to eliminating the barriers that prevent legal immigrants from accessing government services available to them.
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March 23, 2021
The Democratic-led House voted on Thursday, March 18, 2021 to create a path to citizenship for about four million undocumented immigrants.
The House first moved to set up a permanent legal pathway for more than 2.5 million undocumented immigrants, including those brought to the United States as children, known as Dreamers, as well as others granted Temporary Protected Status for humanitarian reasons. Lawmakers approved a second measure that would eventually grant legal status to close to a million farmworkers and their families while updating a key agricultural visa program. For this, 30 Republicans, many representing agriculture heavy districts, and every Democrat voted in favor.
Lawmakers also approved a second measure with more bipartisan backing that would eventually grant legal status to close to a million farmworkers and their families while updating a key agricultural visa program.
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March 18, 2021
The federal judge overseeing Texas’ challenge to the Biden administration’s 100-day moratorium on certain deportations extended for another 14 days a delay on the implementation of the policy saying the extra time is needed to allow both sides to adequately argue, and for the judge to decide the moratorium’s validity.
The deportation freeze is prevented from going into effect until Feb. 23, with a hearing scheduled for Feb. 19. This extension comes soon after TX AG Paxton filed a motion for a preliminary injunction.
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March 18, 2021
Department of Homeland Security posted a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which USCIS selects H-1B petitions under the regular cap and the advanced degree exemption, and it introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions.
The rule will be published in the Federal Register on Jan. 31 and will go into effect on April 1, though the electronic registration requirement will be suspended for the fiscal year 2020 cap season.
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March 9, 2021
USCIS released a notice that clarifies policy on requirements for third-party worksite H-1B petitions. The agency specified that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite. The policy also clarifies that employers must provide contracts and itineraries for employees who will work at a third-party location.
The guidance – which has been effective since Feb. 22, 2018 – explains that a third-party worksite may only be approved if the petitioner can show that (1) the beneficiary will be employed in a specialty occupation; and (2) the employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested period.
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March 4, 2021
A court ruled that the New York Legal Assistance Group, which helps low-income clients in immigration proceedings, can continue with its suit seeking access to non-precedential opinions of the Board of Immigration Appeals (BIA). The group wanted access to all “unpublished opinions” issued by BIA since 1996. However, a federal district court dismissed the suit because the Freedom of Information Act’s (FOIA) remedial provision lets courts order agencies to give documents to the complainant, but not to the public.
That ruling has since been reversed by the Second Circuit, but more aspects of the case remain undecided. Specifically, the court has not yet ruled on whether the BIA’s non-precedential order are outside the scope of FOIA’s “public inspection” language.
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February 26, 2021
Senator Chris Van Hollen (D-MD) reintroduced legislation that would render migrants fleeing war or natural disaster eligible for a green card. The proposal would offer a pathway to citizenship for migrants who receive impermanent relief from deportation with Temporary Protected Status (TPS).
The Safe Environment from Countries Under Repression and Emergency, or SECURE, Act would allow TPS holders to apply for a green card if they have been present in the U.S. for at least three years and have not been convicted of multiple crimes. Applicants under the bill would be granted work permits, and be able to provide their spouses, partners, and children with green cards.
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February 13, 2021
President Joe Biden is set to propose an extensive immigration reform bill on day one of his administration, which includes an eight-year path to citizenship for an estimated 11 million people living in the U.S. illegally.
The bill would offer one of the quickest pathways to citizenship for undocumented immigrants in recent years: those living in the U.S. illegally as of Jan. 1 would have a five-year path to a green card contingent upon a background check, paying taxes, and other basic requirements. After this, eligible immigrants would have a three-year path to naturalization.
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February 11, 2021
A White House official stated that the Biden administration will review the deportations of veterans and their family members. The move is in line with a DHS memo released shortly after President Biden took office outlining new agency enforcement priorities and kicking off agency reviews.
According to the memo, national security, border security and public safety threats would be prioritized for enforcement. When ICE agents and officers learn they have encountered a potentially removable veteran, they are required under agency policy to take additional steps to proceed with the case.
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February 8, 2021
Senator Dick Durbin (D-Ill.) reintroduced the Dream Act, a long-standing proposal that would grant a pathway to citizenship to unauthorized immigrants who were brought to the U.S. as children. The bill would provide approximately 2 million immigrants with lawful status and work authorization and would also provide immediate relief from deportation for immigrants who were brought to the U.S. as children.
To be eligible under the Dream Act, an immigrant would have also had to remain in the U.S. for the past four years, not have any felony convictions, and pursue some level of educational attainment. Exceptions can be made for individuals with expunged convictions and other circumstances.
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January 22, 2021
Joe Biden was sworn in as the 46th President of the United States. Biden was set to send a comprehensive immigration reform bill to Congress shortly after being sworn into office, proposing overhauls to key parts of the country’s system that would include a pathway to citizenship for many.
The proposed legislation, titled the U.S. Citizenship Act of 2021, provides a pathway to citizenship for millions of immigrants, includes additional funding for border technology, and aims to address the root causes of migration in Central America. The bill would also seek to overhaul aspects of the legal immigration system by expanding certain visa programs, such as providing dependents of H-1B visa holders work authorization and preventing children from aging out of the system.
Immigration Law, Consultation拜登宣誓就职后向国会发送移民改革法案。
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January 18, 2021
A federal judge stopped the Trump administration’s new restrictions on asylum, which imposed a 15-day deadline to apply from the first immigration court hearing instead of a full year after entering the U.S. The judge granted a preliminary injunction that a coalition of immigrants’ rights groups had pushed for, preventing the rules from going into effect a week before the Biden administration is set to take over.
The regulations were finalized in December by EOIR after a 30-day comment period and were set to take effect Friday. The lawsuit was originally filed Jan. 8, and the
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January 18, 2021
USCIS will establish a new unit to report on the status of the Optional Practical Training (OPT) program for foreign students to investigate claims of misuse against participants and employers.
Wednesday’s announcement by the agency said that the new office was developed based on discussions between DHS and the Department of Labor, and would help ICE’s Student and Exchange Visitor Program better regulate OPT. The program allows foreign students enrolled at approved universities and vocational programs to stay in the U.S. and seek work for one year after they graduate.
January 14, 2021
On Tuesday, the Department of Labor (DOL) made another attempt at raising the wages of foreign workers on high-skilled visas. The new rule will raise the four salary levels and be phased in over time. The new final rule comes after three federal judges struck down the department’s first attempt to raise the prevailing wage rates, which set the baseline salary for foreign workers to avoid suppressing U.S. workers’ salaries.
Labor officials told reporters the new final rule will raise the entry-level salary tier from the current 17th percentile to the 35th percentile. Wages will start increasing in July 2021, and take full effect one year later.
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December 5, 2020
Up to 300,000 additional undocumented immigrants could be allowed to apply for protection from deportation under a new court ruling. President Trump had aimed to cancel the program. A federal judge ordered the Trump administration to fully restore a program from the Obama-era that was designed to protect young, undocumented immigrants from deportation, dealing what could be a final blow to President Trump’s long-fought effort to end the protections.
The program, known as Deferred Action for Childhood Arrivals, was created by President Barack Obama in 2012. Over the years, it has protected more than 800,000 individuals, known as “dreamers,” who met a series of strict requirements for eligibility.
But those protections have been under legal and political siege from Republicans for years, leaving the immigrants who were enrolled in DACA uncertain whether the threat of deportation from the United States could quickly return with a single court order or presidential memorandum.
President-elect Joseph R. Biden Jr. has vowed to restore the DACA program when he takes office, but a legislative solution that would permanently allow the dreamers to live and work legally in the United States remains elusive, leaving their fates to the shifting political winds in Washington.
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On November 13, 2020, USCIS officially announced plans to implement a revised version of the naturalization civics test, after first announcing the plans to revise in July 2019. The test is being revised as part of a decennial update to “ensure that it remains an instrument that comprehensively assesses applicants’ knowledge of American history, government and civic values.” Applicants who apply for naturalization on or after Dec. 1, 2020, will take the updated version of the test. Those who apply before Dec. 1, 2020, will take the current version of the test. USCIS will maintain the current guidelines for statutorily established special considerations for applicants who are 65 years old or older and have at least 20 years of lawful permanent resident status. Read more, click link: https://www.uscis.gov/news/news-releases/uscis-announces-a-revised-naturalization-civics-test
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November 18, 2020
USCIS is clarifying existing guidance on the CSPA in the USCIS Policy Manual to address how the CSPA applies to “derivatives of widows and widowers, guidance for which immigrant petition is used to calculate the CSPA age for adjustment of status applicants, and the one-year “sought to acquire” requirement for permanent residence and how applicants may satisfy the requirement. Specific contents can be found here: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20201113-CSPA.pdf
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On Friday, November 6, 2020, a federal judge in Florida ruled that Procter & Gamble (P&G) could not appeal her June denial of its summary judgment bid in a proposed class action over its hiring practices. The denial was issued because P&G based their request on “entirely new arguments” that it failed to raise at the prior stage of the lawsuit. In June, the judge found that P&G’s automatic rejection of internship applications from DACA beneficiaries was discriminatory. This stemmed from a suit filed by a DACA recipient in July 2017. According to the suit, P&G used an online questionnaire to automatically reject applications from noncitizens who responded “no” when asked if they were permanent residents, asylees or refugees in the U.S. Counsel for P&G did not comment.
Consultation, Immigration Law, EB 5 Investors
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On Monday, Nov. 9, 2020, for the second time in three years, the Supreme Court considered the potential benefits and faults in requiring the government to include all required information in a single document when initiating deportation proceedings. While the government contends that requiring them to produce a court date as early as the initial deportation notice would be difficult, the attorney representing a Guatemalan citizen fighting deportation maintained that while rescheduled hearings may be a reality, it is “still very helpful to have all this information in one place.” The justices appeared swayed by the latter argument, and the Court’s decision will resolve a circuit split on this issue.
Immigration Law, Consultation 2
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