USCIS Updates (May 03-08) POLICY ALERT – Removing Guidance Related to the 2020 Civics Test. (May 4, 2023) In general, applicants for naturalization must demonstrate a basic understanding of the English language and a knowledge and understanding of civics. On December 1, 2020, USCIS implemented a revised naturalization civics test (“2020 civics test”). However, USCIS reverted to using the 2008 test on March 1, 2021.  For a brief period of time, USCIS offered both the 2020 and 2008 versions of the test to accommodate certain applicants who may have already been studying for the 2020 test. However, USCIS no longer administers the 2020 civics test, therefore guidance related to this version of the test is no longer necessary. To reduce confusion and ensure that applicants prepare for the appropriate version of the test, USCIS is removing references in the Policy Manual to the 2020 civics test.  This guidance, contained in Volume 12 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. USCIS Providing Documents After Notice of Immigration Judge and BIA Decisions About Immigration Status (May 04, 2023) USCIS is now affirmatively creating and providing documented evidence of the status to certain new asylees and lawful permanent residents upon their (USCIS) 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.  USCIS’s 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. USCIS also has been issuing Permanent Resident Cards, also known as Green Cards, to some lawful permanent residents when they are notified that the immigration judge or BIA has granted an adjustment of status. By providing this evidence, USCIS can help ensure that new asylees and lawful permanent residents may seek employment, travel, and obtain other benefits they are entitled to. USCIS Extends and Expands Employment Authorization for Hong Kong Residents Covered by DED (May 03, 2023) U.S. Citizenship and Immigration Services (USCIS) posted a Federal Register notice on the extension and expansion of eligibility for Deferred Enforced Departure (DED) for Hong Kong residents. The notice also explains how eligible residents of Hong Kong may apply for Employment Authorization Documents (EADs). On Jan. 26, 2023, President Biden issued a memorandum extending and expanding DED for certain Hong Kong residents for 24 months. Eligible Hong Kong residents covered under DED as of Jan. 26, 2023, may remain in the United States

USCIS Updates (April 17-24) USCIS Clarifies Guidance on Citizenship and Naturalization for Adopted Children Effective immediately, USCIS is updating Volumes 5 and 12 of their 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: Describes requirements for adopted children to meet the definition of a child for citizenship and naturalization purposes, including having an adoption that is considered full, final, and complete for immigration purposes; Explains eligibility for U.S. citizenship for adopted children who reside in the United States and how to obtain a Certificate of Citizenship; Explains eligibility for U.S. citizenship for adopted children who reside outside of the United States and how to apply for citizenship and issuance of a certificate; and Provides guidance on the acquisition of citizenship and naturalization when an adoption is disrupted or dissolved. The updated guidance does not change the requirements for adopted children to become U.S. citizens. USCIS is 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. USCIS Extends Temporary Suspension of Biometrics Submission for Certain Form I-539 Applicants USCIS has extended the 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. The previously announced suspension, which was initially in place until May 17, 2023, has been extended through Sept. 30, 2023. USCIS will allow adjudications for those specific categories to proceed based on biographic information and related background checks, without capturing fingerprints and a photograph. However, they 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. If somebody is a Form I-539 applicant meeting the biometrics suspension criteria, she/he does not need to submit the $85 biometric services fee for Form I-539 during the suspension period. USCIS will return a biometric services fee if submitted separately from the base fee and will reject paper Form I-539 applications if somebody meets the above criteria and submit a single payment covering both the filing fee and the $85 biometrics services fee. If USCIS rejects the paper application because somebody included the $85 biometrics service fee, she/he will need

Weekly Immigration News Recap (April 10-16) Employers May File H-2B Petitions for FY 2023 Late Second Half Returning Workers Starting April 13, 2023, USCIS will start accepting petitions for workers for the late second half of fiscal year (FY) 2023, requesting employment start dates from May 15, 2023, to September 30, 2023, under the H-2B supplemental cap temporary final rule. Source: USCIS USCIS Updates Policy Guidance on Safe Mailing Address and Case Handling Procedures for Certain Protected Persons U.S. Citizenship and Immigration Services (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). Source: USCIS

Weekly Immigration News Recap (April 03-09) USCIS Updates Guidance on Administrative Naturalization Ceremony Venues U.S. Citizenship and Immigration Services is issuing policy guidance in the USCIS Policy Manual to clarify the types of venues USCIS may use for administrative naturalization ceremonies. This update, contained in Volume 12 of the Policy Manual, is effective immediately, and includes the following: Clarifies the process for potential donors of facilities to submit an offer to donate the use of facilities. Eliminates the requirement for a donor to complete and submit an Offer of Gift from Non-Governmental Sources (Form G-1194). Explains the internal USCIS process for review and approval and simplifies the process for organizations to submit offers to donate the use of facilities on multiple dates. Clarifies different types of venues where USCIS may hold ceremonies by providing a non-exhaustive list of commonly used locations and the considerations for accepting the donation of the facilities. Source: USCIS DHS Publishes Privacy Document About ATDs and the Data They Collect – Two Decades Late The U.S. Department of Homeland Security (DHS) published the Privacy Impact Assessment (PIA) for U.S. Immigration and Customs Enforcement’s (ICE) implementation of Alternative to Detention Programs (ATD) on March 17. ATD programs provide noncitizens in removal proceedings the ability to remain in their communities as their cases progress through the immigration court system instead of being detained. See more. Source: Immigration Impact New USCIS Center Is Good News For Some Of Its Worst Backlog Victims U.S. Citizenship and Immigration Services (USCIS) is opening a new service center to try to fix some of its most egregious backlogs. The agency reportedly has already reassigned 150 employees – and plans to have over 300 – to staff a virtual service center, which will eventually operate fully remotely (though it will accept both hand copies and online applications).Since it can’t be named after its location like most centers, it will be named the HART Service Center after the types of cases it plans to adjudicate: Humanitarian, Adjustments, Removing Conditions, and Travel Documents. Specifically, USCIS has confirmed that the center will process four types of forms – all of which involve urgent cases involving violence, persecution, and/or family unity and have become subject to processing delays of over a year to five years. U visa “bona fide determinations” (Form I-918). VAWA status petitions (Form I-360). Provisional “unlawful presence” waivers for green card applicants (Form I-601A). Family reunification for asylum recipients (Form I-730).USCIS has lagged on several other applications in the past decade. Immigrants and their lawyers are increasingly using federal courts, like the Council’s temporary unlawful presence waiver litigation, to expose USCIS’s failings and force action. A new service center without a new office is a good way to increase capacity. But the agency’s delays are so severe that more work needs to be done in a different capacity before immigrants can trust its decisions to organize their life. Source: Immigration Impact

Weekly Immigration News Recap (March 27-April 02) Cap Reached for Additional Returning Worker H-2B Visas for the Early Second Half of FY 2023 U.S. Citizenship and Immigration Services 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, starting from April 1, 2023, to May 14, 2023, under the FY 2023 H-2B supplemental visa temporary final rule. Source: USCIS USCIS Updates Policy Guidance on Self-Selecting a Gender Marker on Forms and Documents U.S. Citizenship and Immigration Services is updating policy guidance in the USCIS Policy Manual to clarify that, effective immediately, USCIS will accept the self-identified gender marker for individuals requesting immigration benefits. Source: USCIS USCIS Removes 60-Day Rule for Civil Surgeon Signatures on Form I-693 To remove the requirement that the civil surgeon’s signature on the Report of Immigration Medical Examination and Vaccination Record (Form I-693) be dated no more than 60 days prior to an applicant filing the application for the underlying immigration benefit, U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual. Source: USCIS New Filing Address for Courier Delivery Services to USCIS Phoenix Lockbox U.S. Citizenship and Immigration Services has changed the filing location for courier delivery services to the Phoenix lockbox. The facility has moved to Tempe, Arizona, and the filing location for courier delivery services for UPS, FedEx, and DHL has also changed to Tempe. The filing location remains the same when using the U.S. Postal Service. Source: USCIS Provision Allowing Special Immigrant Juveniles to File Form I-360 in Person Before Their 21st Birthday Petitioners for Special Immigrant Juvenile (SIJ) classification (or their representatives) may 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. Source: USCIS

Weekly Immigration News Recap (March 20-26) Green Card Backlog Decreases By 6,000 Cases in March The Department of State’s National Visa Center (NVC) saw a decrease in the immigrant visa (IV) backlog from 408,456 pending cases last month to 388,908 cases in March, a 4.8% decrease. The number of green card applicants whose cases were documentarily complete and ready to be scheduled for an interview decreased slightly this month, from 444,828 to 439,131 (a decrease of only about 6,000 cases). However, the number of people scheduled for green card interviews saw a significant jump, with the NVC scheduling 50,223 interviews in March, compared to 36,372 interviews in February. Source: Boundless USCIS Updates Policy on Time Frames for Paper-Based Filings and Responses Ending on Saturdays, Sundays, or Federal Holidays USCIS has updated its policy manual to address cases when the last day to submit a benefit request or response to a USCIS action falls on a Saturday, Sunday, or federal holiday. In these cases, paper-based submissions will be considered timely if received by the end of the next business day. This update applies to all paper-based filings and responses received on or after March 29, 2023, and does not affect electronic filings or responses. USCIS is open to comments and feedback on this update. Source: USCIS Update to Filing Location for U Nonimmigrant-Based Form I-485 The filing location for Form I-485, Application to Register Permanent Residence or Adjust Status, for U nonimmigrants has been changed to the Nebraska Service Center. Applications must be postmarked on or before April 12, 2023, and any applications sent to the Vermont Service Center after that date will be rejected and returned. The updated address has been posted on the Direct Filing Addresses for Form I-485 page. Source: USCIS USCIS Form and Policy Updates for Applying for Naturalization Based on Military Service U.S. Citizenship and Immigration Services (USCIS) has updated their policy guidance in the USCIS Policy Manual regarding Form N-426, which is used to apply for naturalization based on military service. Applicants currently serving in the U.S. armed forces must file Form N-426 with their naturalization application. Former service members are no longer required to file Form N-426, but must submit a photocopy of their discharge document for all periods of service. This updated policy guidance is effective immediately and applies to all pending and future applications. Source: USCIS USCIS Announces End of COVID-Related Flexibilities U.S. Citizenship and Immigration Services (USCIS) announced that certain COVID-related flexibilities will end on March 23, 2023. Applicants and petitioners must respond to notices or requests dated after March 23 by the deadlines listed in the notice or request. Certain case-by-case flexibilities may still be available in the event of an emergency or unforeseen circumstance. The flexibilities regarding reproduced signatures first announced on March 20, 2020 became policy as announced on July 25, 2022. Source: USCIS

Weekly Immigration News Recap (March 13-19) USCIS Removes Biometrics Requirement for Form I-526E Petitioners Beginning on March 15, 2023, U.S. Citizenship and Immigration Services is removing the biometrics submission requirement and $85 fee requirement for petitioners filing Form I-526E, Immigrant Petition by Regional Center Investor.   -USCIS USCIS Announces Additional Mail Delivery Process for Receiving ADIT Stamp Lawful permanent residents may receive temporary evidence of their lawful permanent resident status by mail rather than physically visiting a field office to receive an Alien Documentation, Identification and Telecommunication (ADIT) stamp (also known as an I-551 stamp). -USCIS USCIS Relocates Lockbox From Phoenix To Tempe, Arizona for Courier Delivery Services On March 31, applicants and petitioners filing at the Phoenix lockbox will see a new filing location for courier delivery services such as UPS, FedEx, and DHL. -USCIS

Weekly Immigration News Recap (March 6-12) USCIS Announces Premium Processing; New Online-Filing Procedures for Certain F-1 Students Seeking OPT or STEM OPT Extensions U.S. Citizenship and Immigration Services announced the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions who have a pending Form I-765, Application for Employment Authorization, and wish to request a premium processing upgrade. Source: USCIS USCIS Updates Policy Guidance on Mobile Biometrics Services USCIS is issuing policy guidance in the USCIS Policy Manual to address how we provide mobile biometrics services. The goal of the new guidance is to make it easier for people to get benefits even if they can’t make it to an appointment at an Application Support Center to give biometrics like fingerprints, which are needed for some benefit requests. The guidance tells us when we can offer mobile biometrics services and when we should use the services of other agencies that are closer to the person making the request.  Source: USCIS New Entrepreneur Resources Available on USCIS Website U.S. Citizenship and Immigration Services has published additional online resources on uscis.gov to provide an overview of some of the temporary and permanent pathways for noncitizen entrepreneurs to work in the United States. This guide also talks about some of the most important things entrepreneurs need to know about immigration if they want to start or run a business in the United States. New pages: Options for Noncitizen Entrepreneurs to Work in the United States; Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States; and Immigrant Pathways for Entrepreneur Employment in the United States. The United States has long been a destination for top talent from all over the world. Our ability to attract entrepreneurs has spurred path-breaking innovation, leading to the creation of jobs, new industries, and new opportunities for all Americans. Source: USCIS USCIS Provides Guidance on Program for International Entrepreneurs U.S. Citizenship and Immigration Services has issued comprehensive guidance (PDF, 311.98 KB) on parole for international entrepreneurs. To enhance entrepreneurship, innovation, and job creation in the United States, the Department of Homeland Security (DHS) published the International Entrepreneur Rule on Jan. 17, 2017. This rule provides a framework for DHS to use its parole authority to grant a period of authorized stay, on a case-by-case basis, to noncitizen entrepreneurs who possess a substantial ownership interest in a start-up entity and who can demonstrate that their stay in the United States would provide a significant public benefit through that start-up entity’s potential for rapid business growth and job creation. After fully implementing the International Entrepreneur Rule in 2021, we have received a growing number of applications and continue to adjudicate them as expeditiously as possible. USCIS is now publishing guidance in the Policy Manual, which includes information about: The criteria for consideration for the applicant, the start-up entity, and the qualified investment or government award or grant; Evidence and documentation; The discretionary nature of

Weekly Immigration News Recap (February 27-March 5) USCIS Issues Clarifying Guidance on Eligibility for the O-1B Visa Classification U.S. Citizenship and Immigration Services released policy guidance that clarifies how it assesses the evidence to determine eligibility for O-1B nonimmigrants of extraordinary ability in the arts and nonimmigrants of extraordinary achievement in the film or television industry.  A chart describing types of evidence that may satisfy the O-1B evidential criteria, as well as factors to take into account while evaluating such evidence, has been added to the appendix of the policy. The chart also helps petitioners provide the right supporting documentation that can prove the beneficiary’s eligibility. Source: USCIS USCIS Reaches H-2B Cap for Second Half of FY 2023 and Announces Filing Dates for the Second Half of FY 2023 Supplemental Visas USCIS has received enough petitions to reach the H-2B cap set by Congress for the second half of FY 2023. The final day for receipt of new cap-subject H-2B worker petitions with an employment start date on or after April 1, 2023, and before October 1, 2023, was February 27, 2023. All new cap-subject H-2B petitions submitted after February 27, 2023, and requesting an employment start date on or after April 1, 2023, but before October 1, 2023, will be denied. Source: USCIS USCIS to Start Collecting Fees for EB-5 Integrity Fund A Federal Register notice with details about the EB-5 Integrity Fund was published by the Department of Homeland Security. As mandated by the EB-5 Reform and Integrity Act of 2022, USCIS will use the EB-5 Integrity Fund primarily to manage the EB-5 Regional Center Program. Each authorized regional center will start paying an annual fee on March 2 in order to help pay for the EB-5 Integrity Fund. Source: USCIS H-1B Registrations 2024: H-1B Visa Registration started on March 1 From March 1st, 2023, the H-1B visa registration procedure has been underway for the fiscal year 2024. Through March 17, 2023, the complete process will be ongoing. These details were released in a press release by the US Citizenship and Immigration Service (USCIS). offers a registration confirmation number. Just the registration tracking process will use this number. The status of a case cannot be followed using this number. Source: Businessleague Students can now apply for visas up to a year in advance. Now that F and M student visas can be issued up to 365 days before the I-20 program start date, students have additional time to submit a visa application. More than 30 days prior to the commencement of their program, students are still not permitted to enter the country on a student visa. Source: Boundless

Weekly Immigration News Recap (February 20-26) USCIS Issues Clarifying Guidance for Individuals Authorized to Work Under Special Student Relief Provisions For F-1 nonimmigrant students who are granted extraordinary student relief (SSR) under the SSR provisions of 8 CFR and who are experiencing severe financial hardship as a result of urgent circumstances, U.S. Citizenship and Immigration Services is providing policy guidance in the USCIS Policy Manual to clarify the validity period of employment authorization. The update clarifies that in cases of extreme financial difficulty brought on by urgent situations, USCIS may grant an F-1 nonimmigrant student off-campus SSR job permit for the duration of the Federal Register notice’s validity term. The student’s academic program’s end date may not be exceeded by this employment license. Source: USCIS Afghan Evacuees Stand to Lose Deportation Protections A Taliban takeover of Afghanistan in 2021 may result in losing work permits and protections against deportation for tens of thousands of Afghan refugees living in the United States unless Congress takes action. Less than 5,000 of the 77,000 Afghans who initially received “parole,” an immigration designation that permits evacuees to stay in the nation on humanitarian or public interest grounds for two years, have obtained permanent legal status for themselves and their families. In contrast to refugee status, parole does not offer a route to American citizenship. Source: Boundless Supreme Court Cancels Oral Arguments Over Title 42 The anticipated oral arguments for Title 42, a divisive immigration restriction tied to the pandemic, were abruptly postponed by the Supreme Court. The White House’s recent announcement that the Covid-19 and public health emergency will cease on May 11 is most likely what caused the cancellation. Source: Boundless

Weekly Immigration News Recap ( February 13-19) USCIS Updates Child Status Protection Act (CSPA) Age Calculation for Certain Adjustment of Status Applicants In accordance with the Child Status Protection Act, U.S. Citizenship and Immigration Services has provided guidelines in the USCIS Policy Manual on determining when an immigrant visa number “becomes accessible” for this purpose (CSPA). A child must typically be under the age of 21 to qualify for lawful permanent resident status in the US based on their parent’s accepted petition for a family-sponsored or employment-based visa. The child is typically no longer qualified to immigrate with the parent based on the parent’s petition if the child turns 21 and “ages out” during the immigration procedure. Source: USCIS Visa Bulletin for March 2023 The March 2023 Visa Bulletin was produced by the U.S. Department of State. If you’re hoping for your priority date to be current so that your green card application can be processed, it’s a significant thing. We can explain terms like “visa bulletin” and “priority date” if you’re unsure what they mean. Check out the Boundless tutorial on how to read the visa bulletin to get started. Source: Boundless DHS Hired Outside Law Firm to Defend Mayorkas Against Potential Impeachment To fight any prospective impeachment of Secretary Alejandro Mayorkas, the Department of Homeland Security (DHS) has retained the services of a New York law firm. His dismissal has been demanded by two House Republicans due to the way he handled the issue at the southern border. As former President Donald Trump was being investigated for impeachment, the law firm defended the Democratically controlled House. Source: Boundless State Department to Allow Foreign Workers to Renew Visas in the U.S. Later this year, the State Department will begin enabling foreign employees with temporary visas to renew their status without having to leave the United States. H-1B and L-1 visa holders working in the US will have access to the new pilot program, making it simpler for these workers to renew their status while lightening the strain of consulates abroad. Source: Boundless

Weekly Immigration News Recap (February 06-12) Reminder to Submit All Required Initial Evidence and Supporting Documentation, including Form I-693, for Form I-485 Save time by submitting Form I-485, Application to Register Permanent Residence or Adjust Status, along with any supporting paperwork and initial proof mentioned under the “Checklist of Required Initial Evidence” section. (Using the checklist is optional; it does not take the place of statutory, regulatory, and form instruction obligations.) We may not need to send a Request for Evidence (RFE) to acquire additional evidence and supporting documentation if you provide all necessary initial evidence and supporting documents with your Form I-485. In the event that we determine that you do not require an interview, this may also help to prevent adjudication delays. Update to Filing Location for Form I-360 and Form I-485 for Self-Petitioning Abused Spouses, Children, and Parents Self-petitioning abused partners, children, and parents must submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and Form I-485, Application to Register Permanent Residence or Adjust Status, to the Nebraska Service Center rather than the Vermont Service Center as of February 10, 2023. USCIS has Direct Filing Addresses for Form I-360, Immigrant Petition for Amerasian, Widow(er) or Special Immigrant, page and the Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status, page. USCIS Clarifies Physical Presence Guidance for Asylees and Refugees Applying for Adjustment of Status U.S. Citizenship and Immigration Services (USCIS) has updated guidance in the USCIS Policy Manual with immediate effect to make it clear that refugees and asylees must have been physically present in the country for a full year by the time their Form I-485, Application to Register Permanent Residence or Adjust Status, is decided upon, not at the time the application is filed. All Form I-485 and Form N-400, Application for Naturalization, pending applications as of February 2, 2023, as well as those submitted on or after that date, are subject to this. Cap Reached for Additional Returning Worker H-2B Visas for the First Half of FY 2023 The number of petitions received by U.S. Citizenship and Immigration Services has reached the limit for the additional 18,216 H-2B visas for returning workers that will be granted for the first half of fiscal year (FY) 2023 with start dates on or before March 31, 2023, as per the recently announced H-2B supplemental cap temporary final rule. The additional 20,000 visas authorized for citizens of Haiti, El Salvador, Guatemala, and Honduras are still open for petitions for H-2B nonimmigrant workers.