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.

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