Proposed Revisions to Form EOIR-27 DOJ 60-day notice and request for comments on proposed revisions to Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. Comments are due on October 10, 2023. Visa Bulletin Update The latest Visa Bulletin for September 2023 states that Priority Dates for EB2 Category (AOS Applicants) have surged forward by three months for all chargeability areas, except for China and India. Alternative Procedure for E-Verify Employers USCIS issued a reminder that the August 1, 2023 version of Form I-9 is now available for use and contains changes to the form and instructions, including alternative procedures for E-Verify Employers to remotely examine employee documents. This version of the form must be used beginning November 1, 2023. Adjustment of Status Filing Dates USCIS determined that for September 2023, applicants in all family-sponsored preference categories must use the Dates for Filing chart and applicants in all employment-based preference categories must use the Final Action Dates chart. Source: USCIS & AILA

Guidance for Stateless Noncitizens in the US USCIS issued policy guidance to address stateless noncitizens present in the United States, including the establishment of a specialized internal process for examining statelessness. The policy is effective on October 30, 2023 and comments are due by September 1, 2023. Green Card Validity Update USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751 or Form I-829 and Green Card Renewals. This change started on January 11, 2023, for Form I-829 and on January 25, 2023, for Form I-751. Court Allows Biden Asylum Policy to Proceed The 9th Circuit Court composed of a panel of three judges voted 2-1 to allow the proceeding of Biden administration policy restricting asylum-seekers at the southern border, pausing an order from a lower court to block the policy. Second Selection of H-1B Cap Registration USCIS stated on its website that it selected 77,600 registrations in the second selection for the FY2024 H-1B cap. During the registration period for the FY 2024 H-1B cap, USCIS saw a significant increase in the number of registrations submitted compared to prior years. FAQs on 2022 H-2A Final Rule Department of Labor (DOL) provided FAQs on the H-2A final rule, which went into effect on November 14, 2022. FAQs include questions on implementation, job order filing and processing, prevailing wage surveys, wages, application filing and processing, joint employers, and labor contractors. Source: USCIS & AILA

Random Selection from Cap Registrations The U.S. Citizenship & Immigration Services (USCIS) has determined that to reach the FY2024 H-1B cap, it will need to select additional registrations from previously submitted electronic registrations using a random selection process. USCIS will announce when it has completed the second selection process. Proposed revisions to Form I-602 & G-28 USCIS 60-day notice and request for comment on proposed revisions to Form I-602, Application by Refugee for Waiver of Inadmissibility Grounds and to Form G-28/Form G-28I. Comments are due on September 25, 2023. Proposed revisions to Form I-212 USCIS 30-day notice and request for comment on proposed revisions to Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. Comments are due on August 28, 2023. Notice on Proposed Rulemaking Department of State (DOS) notice of proposed rulemaking which would provide that attorneys, interpreters, and other third parties may attend appointments for passports, Consular Reports of Birth Abroad, and certain other services at passport agencies and centers and at embassies and consulates. Notice on Form I-9 Department of Homeland Security (DHS) notice introducing the parameters of an alternative procedure to complete Form I-9 that does not require the physical examination of documents. The alternative procedure is available beginning August 1, 2023. India EB-3 Retrogression DHS notice serves to clarify the retrogression that will take place for Employment-Based Third preference (EB-3) visa applicants chargeable to India, effective in the July 2023 Visa Bulletin.  This notice is updated to further explain the reason for pro-rating EB-3 visas for applicants chargeable to India. Visa Denials Disproportionately Affect African Students International students from African nations and the Global South are much more likely to have their visas rejected, according to a new report from the Presidents’ Alliance on Higher Education and Immigration and the Shorelight Education. Source: USCIS & AILA

USCIS Updates Policy Manual of Form I-485 U.S. Citizenship and Immigration Services (USCIS) has incorporated important information regarding the categories of adjustment of status applicants to whom the public charge ground of inadmissibility applies. 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. New Version of Form I-9 Effective from 31 October 2023, USCIS notice of a new version of Form I-9, Employment Eligibility Verification. USCIS made significant changes to the form and its instructions, including a checkbox to indicate that an employee’s Form I-9 documentation was examined using a DHS-authorized alternative procedure. DOS 60-Day Notice Department of State (DOS) 60-day notice and request for comment on proposed revisions to Form DS-4079, Questionnaire—Loss of United States Nationality. Comments are due on 18 September 2023. Visa Availability Approach for Form I-526 U.S. Citizenship and Immigration Services (USCIS) announced that it would update its visa availability approach for managing the inventory of Form I-526, Immigrant Petition by Alien Investor, in an effort to promote greater efficiency. USCIS Releases Latest Processing Times USCIS released the latest processing times for key forms. In Q1 of Fiscal Year 2023, the wait times improved for both Form I-485 and Form I-130. However, the processing time for Form I-129F, the first step in the K-1 fiancé visa application process, remained high. Source: USCIS & AILA

Adjustment of Status Dates for August 2023 U.S. Citizenship and Immigration Services (USCIS) determined that for August 2023, applicants in all family-sponsored preference categories must use the Dates for Filing chart and applicants in all employment-based preference categories must use the Final Action Dates chart. Classification Symbols By DOS The Department of State (DOS) final rule amending the regulations to update classification symbols and descriptions for certain immigrant and nonimmigrant visas. The changes in the classification descriptions will have no impact on who may qualify for such a visa. The rule is effective from September 12, 2023. Latest Edition of Form I-140 In a recent announcement, USCIS stated that starting July 9, 2023, they will only accept the May 31, 2022 edition of Form I-140. Visa Bulletin Update for EB2 Category The August 2023 Visa Bulletin reveals a 15-day advancement in EB2 Priority Dates for all chargeability areas except China, India, Mexico, and the Philippines. The new priority date becomes effective in August 2023. New Tool for I-765 and I-131 Applicants For a streamlined process, USCIS announced that it is expanding myProgress tool (formerly known as personalized processing times) to Form I-765, and Form I-131. The 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. New Edition of Form I-131 Effective from September 12, USCIS has a new edition of the form I-131, Application for Travel Document. Until then, previous editions are still accepted. USCIS 30-Day Notice U.S. Citizenship and Immigration Services (USCIS) 30-day notice and request for comment on proposed revisions to Form I-824, Application for Action on an Approved Application or Petition. Comments are due on 8 August, 2023. Source: USCIS & AILA

Rescheduling Biometric Appointments USCIS issued policy guidance in the USCIS Policy Manual to address procedures relating to requests to reschedule biometric services appointments at an Application Support Center (ASC) for good cause. The policy is effective as of June 6, 2023 and comments are due by August 7, 2023. Safeguarding National Security The Department of State has recently adopted new technology and enhanced coordination to reduce the number of visa applications that require administrative processing on security grounds while upholding strict national security protections. Since October 2022, most cases that would have previously required additional administrative processing were resolved immediately due to this measure without additional, time-consuming handling. Florida Bans Driver’s License’s of Illegal Immigrants Under a new immigration law in Florida, five state driver’s licences issued to undocumented immigrants will no longer be considered valid in the Sunshine State. According to the Florida Department of Highway Safety and Motor Vehicles, the licences from Connecticut, Delaware, Hawaii, Rhode Island, and Vermont can no longer be used if the driver is undocumented. New U.S. Citizenship Test Proposed USCIS intends to introduce a new citizenship test the next year, but advocates are concerned that the changes may hurt immigrants who speak little or no English. The new exam will have multiple choice questions and a speaking section, both of which, according to experts, need significantly higher levels of language proficiency and test-taking skill. New I-140 Form by USCIS On July 1, 2023, USCIS published a new I-140 form, which will go into effect from July 9, 2023. Additionally, the USCIS has expanded their premium processing services to include certain previously filed and newly filed I-140 petitions requesting E13 and E21 classifications. Source: USCIS & AILA

New List of Professional Occupation The Office of Foreign Labor Certification (OFLC) released its Appendix A, which implements the new list of professional occupations for the July 2023 through June 2024 wage year and will be effective starting July 1, 2023. Passport Applications for Minors Department of State (DOS) final rule related to passport applications for minors under age 16. Effective from July 24, 2023, the rule removes from the list of acceptable documentary evidence of sole authority/custody a Consular Report of Birth Abroad (CRBA) listing only the applying parent. DOS 30-Day Notice Department of State (DOS) 30-day notice and request for comment on updates to Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, and DS-5507, Affidavit of Physical Presence or Residence, Parentage, and Support. USCIS 30-Day Notice USCIS 30-day notice and request for comments on revisions to four forms including Form I-698, Form G-1482, Form I-290B, and finally, Form I-942. USCIS 60-Day Notice USCIS 60-Day Notice and Request for Comment on Revisions to Form I-9,  Form I-9NG, and  E-Verify Program. Dignity Act of 2023 House Representatives Maria Elvira Salazar and Veronica Escobar introduced a bipartisan immigration bill in the House of Representatives on May 23. The bill, titled “Dignity Act of 2023”, would provide a path to citizenship for undocumented immigrants, update the legal immigration process, and establish “humanitarian campuses” on the U.S. border that would process asylum claims in 60 days. Source: USCIS & AILA

Extension of Temporary Legal Status The U.S. government announced it is extending the temporary legal status of more than 300,000 immigrants whose deportation protections and work permits were targeted by the Trump administration. Biden Officials Declined to Offer Legal Status President Biden’s top immigration advisers refrained from offering nearly 400,000 migrants a chance to work and live in the U.S. legally under a program known as Temporary Protected Status (TPS) due to concerns about a potential spike in border crossings. EADs Based on Compelling Circumstances USCIS issued policy guidance in the USCIS Policy Manual to address eligibility criteria and standards for applications for employment authorization involving compelling circumstances. The guidance is effective from 14 June, 2023. Exchange Visitor Visa Classification USCIS issued guidance regarding the nonimmigrant exchange visitor (J) visa classification, including its role in the adjudication of waivers of the two-year foreign residence requirement and change of status requests under the INA. Change into F, M, or J Nonimmigrant Status USCIS announced the phased expansion of premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status. Bipartisan Bill On the 11th anniversary of the Deferred Action for Childhood Arrivals program, or DACA, a group of bipartisan lawmakers in the House relaunched efforts to provide a legal pathway to citizenship for millions of undocumented immigrants. Source: USCIS & AILA

Service Center Filing Location Update USCIS updated the Lockbox Filing Location Updates page on its website to now include service center filing location updates. You can now keep track of filing location changes between the lockboxes or service centers on this page. Online Submission of Form I-131 On June 9, USCIS announced that certain individuals requesting parole based on urgent humanitarian reasons or significant public benefit can file Form I-131, Application for Travel Document, online. Adjustment of Status Filing Dates for July 2023 USCIS determined that for July 2023, applicants in all family-sponsored preference categories must use the Dates for Filing chart and applicants in all employment-based preference categories must use the Final Action Dates chart. USCIS 30-Day Notice USCIS 30-day notice and request for comment on proposed revisions to Form I-129S, Nonimmigrant Petition Based on Blanket L Petition and to Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal. USCIS 60-Day Notice USCIS 60-day notice and request for comment on proposed revisions to Form I-129F, Petition for Alien Fiancé(e) and Form I-817, Application for Family Unity Benefits. OFLC Continues to Provide Guidance on Form ETA-9089 On June 9, the Department of Labor (DOL) posted a form titled “Form ETA-9089, Final Determination” to be used only when submitting a Form I-140 petition to USCIS in support of a Schedule A or NIW petition. NYC sues 30 counties for refusing asylum-seekers New York City Mayor Eric Adams (D) announced that the city is filing a lawsuit against 30 New York counties over executive orders aiming to prevent the city from sending asylum-seekers to their jurisdictions. Parole update for certain Afghans USCIS announced that, effective June 8, 2023, certain additional Afghan parolees are employment authorized incident to parole. This updated guidance applies to certain Afghan parolees whose unexpired Form I-94 contains a class of admission of “PAR” if their parole has not been terminated. DHS Announces Re-parole Process for Afghans Afghan nationals who are currently parolees may now apply for a renewal of their parole and employment authorization through a new streamlined and fee-exempt application process that is available online and on paper and that uses Form I-131, Application for Travel Document. Source: USCIS & AILA

Nonimmigrant Visa Fee Increase A recent posting by Department of State (DOS) states that the processing fee for certain nonimmigrant visas will increase. However, nonimmigrant visa fees paid prior to June 17, 2023, will remain valid through the expiration date of the fee receipt. Adoption-based Form I-130 USCIS announced that starting in June 2023, it will make the 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. USCIS 30-Day Notice USCIS 30-day notice and request for comment on proposed revisions to Form I-407, Record of Abandonment of Lawful Permanent Resident Status and Form I-690, Application for Waiver of Grounds of Inadmissibility Under Sections 245A or 210 of the Immigration and Nationality Act. USCIS 60-Day Notice USCIS 60-day notice and request for comment on proposed revisions to Form I-941, Application for Entrepreneur Parole. Source: AILA

Weekly Immigration News (May 23-29) Form I-485 New Edition On May 26, USCIS updated the Form I-485 and its “Supplement A” and “Supplement J”, to the new February 21, 2023 edition. However, if you already have completed I-485 form there is no need to fill out the new form all over again, because USCIS will also accept the older edition too. OFLC Update On May 26, OFLC announces case submission for the Form ETA 9089 for PERM in FLAG on June 1, 2023. OFLC previously announced a delay to the date on which it will transition PERM submission and processing to the Foreign Labor Application Gateway (FLAG) and the concurrent implementation of the revised Form ETA 9089. Undocumented Immigrants Legal Status A Texas Democrat and a Florida Republican are sponsoring a bill giving undocumented immigrants a pathway to citizenship while shoring up border security and requiring employers to verify the work eligibility of their employees. Resolution on Public Charge Policy The U.S. Senate passed a resolution to block the Biden administration’s 2022 public charge rule, which ensures green card applicants are not penalized for using government benefits.

Weekly Immigration News (12 May – 22 May) The US deported 11,000 migrants in the week after Title 42 ended Following the expiration of Title 42 border limitations, the United States deported or returned more than 11,000 migrants to Mexico and more than 30 other nations in a week. This was part of an initiative by the Biden administration to expand and publicize deportations. USCIS Updates Review Process for the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans The U.S. government is granting advance travel authorization for up to 30,000 noncitizens each month to come to the United States to seek parole on a case-by-case basis under the processes for Cubans, Haitians, Nicaraguans, and Venezuelans. Due to high interest in these processes, USCIS is updating the review process effective May 17, 2023. EOIR Announces 19 New Immigration Judges EOIR (Executive Office for Immigration Review) announced the appointment of 19 immigration judges, including one assistant chief immigration judge, to immigration courts in Arizona, California, Illinois, Louisiana, Massachusetts, New York, and Texas. Ron DeSantis’s anti-immigration law is already leading to worker shortages Signed by Republican Gov. Ron DeSantis, the law mandates that businesses with 25 or more employees verify the citizenship status of workers through the federal online portal E-Verify or face stronger penalties, among other new restrictions.