Filing Tips for Affirmative Asylum Applications USCIS issued filing tips and notes that it is currently receiving increased numbers of paper-filed Form I-589 that must be rejected because they are incomplete or improperly filed. As such, it provides filing tips to help prevent these rejections. USCIS Guidance on Terminated Cases Congressional leaders wrote a letter to USCIS requesting guidance, so asylum seekers and their counsel know how to navigate affirmative asylum claims and applications for work authorization before the immigration court if a case is terminated. Notice of Diversity Visa Program Department of State (DOS) notice with information on how to apply for the Diversity Visa Program for Fiscal Year 2025. Fee Exemptions for Afghans USCIS announced that it is extending and expanding the filing fee exemptions and expedited application processing for certain Afghan nationals through September 30, 2024. The notice outlines what is available for fee exemptions and expedited processing. Source: USCIS & AILA

Extension of Validity of EADs USCIS updated its policy guidance, increasing the maximum validity periods for Employment Authorization Documents (EAD) to five years for initial and renewal EADs for certain noncitizens who are employment authorized incident to status or circumstance. Guidance is effective as of September 27, 2023 and comments are due by October 27, 2023. Alert on Responding to RFEs USCIS issued an alert that RFEs requesting a valid medical clearance (Form I-693) should be responded to with all requested documents as soon as possible so that it may adjudicate the adjustment application and, if the case is approved, allocate an immigrant visa before October 1, 2023. Exemption of the Biometric Services Fee USCIS announced the biometric services fee exemption as part of the application requirements for Form I-539, Application to Extend/Change Nonimmigrant Status, beginning on October 1. Applicants do not need to pay the fee if their application is postmarked October 1 or later. Proposed Revisions to Form I-817 & I-140 USCIS 30-day notice and request for comments on proposed revisions to Form I-817, Application for Family Unity Benefits and to Form I-140, Immigrant Petition for Alien Workers. Comments are due by October 26, 2023, and October 27, 2023, respectively. Source: USCIS & AILA

Modernizing H-2 Program Requirements DHS notice of proposed rulemaking (NPRM) on modernizing H-2 program requirements and worker protections. Comments are due by November 20, 2023. Removing Wet Signature Requirement Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Program updated the Form I-983, “Training Plan for STEM OPT Students,” to remove language requiring wet signatures. Students and employers may continue to physically sign the Form I-983 or input their own electronic signature. EB-1 Visa Cap Update USCIS remains committed to using all available employment-based visas in FY 2023, and they have updated their list of frequently asked questions regarding EB-1 applicants. Visa Bulletin for October 2023 The U.S. Department of State released its Visa Bulletin for October 2023. For October, family-based applicants and employment-based application must use the “Dates for Filing”. Source: USCIS & AILA

Rulemaking on Protections for H-2A Workers Department of Labor (DOL) notice of proposed rulemaking (NPRM) to amend the regulations governing the certification of H-2A workers and the enforcement of the contractual obligations applicable to employers of H-2A workers. Comments are due on November 14, 2023. Update on Advance Travel Authorization U.S. Customs and Border Protection (CBP) 60-day notice and request for comment on proposed revisions to CBP’s Advance Travel Authorization (ATA) information collection, which allows individuals to submit information in the CBP One application. Comments are due November 13, 2023. Proposed Revisions to Form I-134A USCIS 60-day notice and request for comment on proposed revisions to Form I-134A, Online Request to be a Supporter and Declaration of Financial Support. Comments are due on November 13, 2023. Guidance for EB-1 Eligibility Criteria USCIS issued policy guidance to clarify how it evaluates evidence to determine eligibility for extraordinary ability and outstanding professor or researcher first preference employment-based immigrant visa classifications. Guidance is effective as of September 12, 2023, and comments are due by October 12, 2023. Affirmative Asylum Procedures Manual USCIS released its Affirmative Asylum Procedures Manual, which provides information on how to process an affirmative asylum application within an asylum office. Source: USCIS & AILA

Update on EB Category’s Visa Cap USCIS stated that the employment-based (EB) annual limit for fiscal year (FY) 2023 will be higher than it was before the pandemic, though lower than in FY 2021 and FY 2022. Introduction of DVA The State Department’s Bureau of Consular Affairs is developing the capability to issue a digital visa authorization (DVA) instead of the traditional visa printed and placed in applicants’ passports. The U.S. Embassy in Dublin is conducting a limited DVA proof of concept with a small number of K-1 fiancé(e) visas. USCIS 30-day Notice USCIS 30-day notice and request for comment on proposed revisions to Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. Comments are due on October 10, 2023. USCIS 60-day Notice USCIS 60-day notice and request for comment on proposed revisions to Form I-485, as well as Supplement A, Supplement J, and the Physicians National Interest Waiver. Comments are due on November 7, 2023. Campaign for Work-eligible Non-citizens Department of Homeland Security (DHS) launched a national campaign for noncitizens who are work-eligible but who have not applied for an EAD. Hundreds of thousands of emails and texts have been sent by USCIS in English, Spanish, and Haitian Creole, with additional notifications in Ukrainian and Russian planned in the coming days. Source: USCIS & AILA

No Extensions of Fee Validity All receipts for payment of Machine-Readable Visa (MRV) fees issued before October 1, 2022, will expire on September 30, 2023. There will be no extensions of fee validity. Applicants must schedule an appointment or submit an interview waiver application before September 30, 2023, to avoid paying a new fee. H-1B Visa Extension H-1B status holders may be eligible for an extension beyond 6th year if 365 days have passed since labour certification or immigrant visa petition filing. Reminder to Submit All Required Documentations Filing Form I-485 with Form I-693 may eliminate the need to issue a Request for Evidence (RFE) to obtain Form I-693, which delays the review of the application until response to the RFE. Online Form for In-Person Appointments USCIS announced the launch of a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment at their local field office for ADIT stamps, Emergency Advance Parole, Immigration Judge Grants, and more. Update on USCIS’s myAccount Application USCIS is conducting a usability study for its myAccount application, a platform designed to streamline access to U.S. government websites such as myUSCIS. If selected, a single 30-minute to one-hour session will be scheduled between Monday, September 25, and Friday, September 29. Voter Registration Guidance for Naturalized Citizens USCIS updated policy guidance in its Policy Manual to clarify voter registration access at its administrative naturalization ceremonies. Guidance is effective immediately. Source: USCIS & AILA

USCIS Policy Manual Update USCIS updated policy guidance in its Policy Manual to provide clarification on voter registration access at its administrative naturalization ceremonies. Guidance is effective immediately. Evidentiary Requirements for Physicians (NIW) USCIS confirmed the evidentiary requirements for physicians seeking a national interest waiver of the job offer requirement based on work in an underserved area or at a U.S. Department of Veterans Affairs facility. Guidance is effective as of August 16, 2023 and comments are due by September 18, 2023. Update on CSPA USCIS clarified that USCIS considers the February 14, 2023 policy change to be an extraordinary circumstance that may excuse the “sought to acquire” requirement under the Child Status Protection Act (CSPA) in particular situations. Guidance is effective from August 24, 2023 and comments are due by September 25, 2023. Online Form for Requesting In-Person Appointments USCIS announced the launch of a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment at their local field office for ADIT stamps, Emergency Advance Parole, Immigration Judge Grants, and more. Trump Unveils 2025 Immigration Plan Former President Trump disclosed his 2025 immigration plan if he were reelected. The plan takes his previous measures further, including naval blockades and military intervention at the U.S.-Mexico border. It also aims to curtail legal immigration through ideological screening, expanding travel bans, ending birthright citizenship, and implementing strict entry requirements. Biden’s Humanitarian Parole Program Challenged in Court The Biden administration’s humanitarian parole program, which allows up to 30,000 people from Cuba, Venezuela, Nicaragua, and Haiti to enter the U.S. each month, headed to a Texas court on Thursday, 31 August, to determine its legality. Source: USCIS & AILA

Proposed Revisions to Form I-941 USICS 30-day notice and request for comment on proposed revisions to Form I-941, Application for Entrepreneur Parole. Comments are due on September 18, 2023. Proposed Revisions to Form  DS-10, DS-60 and DS-86 DOS 60-day notice and request for comment on proposed revisions to Forms DS-10 (Birth Affidavit), DS-60 (Affidavit Regarding a Change of Name), and DS-86 (Statement of Non-Receipt of a U.S. Passport). Comments are due on October 10, 2023. USCIS Online Account Access USCIS 60-day notice and request for comment on proposed revisions to USCIS Online Account access. The myUSCIS system’s registrant account is being enhanced to allow companies to set up company administrator accounts and to file Form I-129 petitions. Bona Fide Determination Process Update USCIS stated that it may determine if a qualifying family member’s U petition is bona fide, and adjudicate the Form I-765, once the principal receives a Bona Fide Determination, even if the principal petitioner has not filed Form I-765. Guidance is effective on August 11, 2023, and comments are due by September 11, 23. Addition of 38 Immigration Judges Executive Office for Immigration Review (EOIR) announced the appointment of 38 immigration judges to immigration courts in California, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Michigan, New Jersey, Ohio, Texas, Utah, and Virginia. Source: USCIS & AILA

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