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.

Weekly Immigration News Recap ( January 23-29) FY 2024 H-1B Cap Initial Registration Period Opens on March 1 The initial registration period for the fiscal year 2024 H-1B cap will begin at noon Eastern time on March 1 and last until noon Eastern time on March 17, 2023, according to a statement released by U.S. Citizenship and Immigration Services today. Potential petitioners and representatives can fill out and submit their registrations utilizing our online H-1B registration system at this time. For the FY 2024 H-1B cap, we will give each registration a confirmation number. You cannot use this number to track the status of your case in Case Status Online; it is only used to track registrations. Source: USCIS USCIS Releases New Strategic Plan Highlighting Long-Term Goals The FY 2023–2026 Strategic Plan (PDF, 6.79 MB) (PDF, 6.79 MB) from U.S. Citizenship and Immigration Services (USCIS) outlines how the agency’s staff can improve its skills and advance the nation’s highest aspirations. The strategy is based on USCIS’ long-standing mission and basic principles, supporting a sincere desire to create the country a stronger, more diverse and inviting place. USCIS Director Ur M. Jaddou stated that the agency’s work “makes the possibility of America a reality for immigrants from throughout the world, the communities and economies they join and support, and the nation as a whole.” Source: USCIS USCIS Extends COVID-19-related Flexibilities Through March 23, 2023, U.S. Citizenship and Immigration Services is extending a few COVID-19-related flexibilities. Under these flexibility provisions, USCIS, if the request or notice was given between March 1, 2020, and March 23, 2023, inclusive, considers a response submitted within 60 calendar days after the due date stated in the following requests or notices before taking any action: 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, 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 are all types of Notices of Intent documents Source: USCIS U.S. Government Settles Lawsuits That Benefit H-1B and L-1 Spouses Spouses of H-1B and L-1 work visa holders will benefit from two litigation settlements reached by the U.S. government. L-2 and H-4 spouses will find it considerably simpler to renew their work authorization licenses and find employment once the new legislation takes effect. Source: Boundless Visa Approvals Rebound to Pre-Pandemic Levels in 2022 The State Department’s 2022 visa report shows a rise in both immigrant and nonimmigrant visas granted abroad in the year 2022. From 2.7 million in 2021 to nearly 6.8 million in 2022, the number of nonimmigrant visas approved skyrocketed. The number of approved immigrant visas climbed as well, from 285,000 in 2021 to 493,00 in 2022. Overall, in 2022, the number of visas issued began to return to pre-pandemic levels. Source: Boundless

Weekly Immigration News Recap (January 16-22) New Policy Protects Exploited Immigrant Workers from Deportation Now, unauthorized workers can report labor issues without risking their immigration status. The Biden administration unveiled a new procedure that will let immigrants seek safeguards against deportation and retaliation from their employers if they witness or are exploited at work. Immigrant employees who want to be eligible for deferred action must send a written request to USCIS along with a letter of support from a labor or employment agency. Source: Boundless First Group of Migrants Arrives in U.S. Under New Biden Program A new initiative that the Biden administration unveiled earlier this month to solve the issue at the southern border has welcomed its first batch of migrants into the country. Ten immigrants have arrived in the country as a result of the initiative, which will permit up to 30,000 people from Cuba, Nicaragua, and Haiti to lawfully enter the country by air each month, according to CBS News. Late last year, a similar initiative was made public for Venezuelans. As of last Friday, 600 more migrants had been given permission to enter the United States, according to CBS. Source: Boundless Immigrants Drive Innovation in the U.S., Finds News Report According to a recent study, immigrants are responsible for 36% of American innovation and outperform native-born Americans in terms of creating new economic and technological advancements. More than 25% of all issued patents had applications from immigrants between 1990 and 2016. Additionally, these patents were more likely to be cited in their respective domains and had a higher financial value. Source: Boundless

Weekly Immigration News Recap (January 9-15) DHS Announces Process Enhancements for Supporting Labor Enforcement Investigations The U.S. Department of Homeland Security (DHS) has announced that noncitizen employees can now access a streamlined and expedited deferred action request procedure if they are labor rights violators or witnesses to such violations. Deferred action shields noncitizen employees from exploitative employers’ threats of immigration-related reprisal. With immediate effect, this procedure will enhance DHS’s long-standing practice of using its discretionary power to evaluate requests for deferred action related to labor and employment agencies on an individual basis. Workers can submit requests and obtain more information on DHS.gov in both English and Spanish. Source: USCIS USCIS Announces Final Phase of Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions and Future Expansion for F-1 Students Seeking OPT and Certain Student and Exchange Visitors The last stage of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under EB-1 and EB-2 classifications is being implemented by U.S. Citizenship and Immigration Services. In addition to all previously submitted Form I-140 petitions under the E13 multinational executive and manager classification or the E21 classification as a member of professions with advanced degrees or exceptional ability asking for a national interest waiver, this phase applies to new (initial) petitions (NIW). Petitioners must submit Form I-907, Request for Premium Processing Service, if they want to request premium processing. USCIS will accept Form I-907 requests for the following starting on January 30, 2023: All E13 multinational executive and manager petitions that are still pending as well as all E21 NIW petitions All E13 multinational executive and manager petitions that have just been filed. Source: USCIS Courts Set to Shape US Immigration Policy in 2023 In 2023, substantial decisions on immigration will be made by U.S. judges, which will have a big impact on how the country handles immigration. Since 1990, Congress has not made significant changes to the nation’s immigration rules, and according to Stephen Yale-Loehr of Cornell Law School, efforts by succeeding administrations to change the immigration system through executive orders are hampered by legal disputes. Source: VOA Supreme Court Rejects Trump Administration Public Charge Appeal A coalition of Republican-led states appealed to the U.S. Supreme Court to reinstate the Trump administration’s public charge policy, but they were once again denied. If they used public benefits, the public charge requirement made it more difficult for low-income immigrants to get a green card. The Biden administration’s choice to overturn the rule was followed by the filing of the lawsuit by Texas and the other 12 states. Source: Boundless

Weekly Immigration News Recap (January 2-8) USCIS Releases New Immigrant Investor Form Form I-956K, the Registration for Direct and Third-Party Promoters, has been made available. Direct and third-party promoters now need to register with USCIS, per the EB-5 Reform and Integrity Act of 2022. Each person (including migration agents) acting as a direct or third-party promoter of any of the following must submit Form I-956K: a regional hub,  a new business,  a partner organization that creates jobs, or a person who issues securities intending to market them to immigrants as part of a specific capital investment project. The I-956K form is free to file. Source: USCIS USCIS Issues Proposed Rule to Adjust Certain Immigration and Naturalization Fees U.S. Citizenship and Immigration Services (USCIS) has published a Notice of Proposed Rulemaking (NPRM) to modify some fees associated with benefit requests for immigration and naturalization. The new fees would enable USCIS to fully recoup its operating expenses, restore and maintain timely case processing, and stop the buildup of further backlogs in processing cases. About 96 percent of USCIS’s income comes from filing fees, not from appropriations from Congress. Source: USCIS Green Card Fees to Soar Under New Proposal A new plan unveiled on Tuesday might raise the price of applying for a green card by up to 130%. According to U.S. Citizenship and Immigration Services, green card applicants who petition to change their status from within the country might face government costs of more than $3,500, a significant increase from the existing charge of $1,760. (USCIS). Source: Boundless Filing Location Change for Form I-730, Refugee/Asylee Relative Petition To reduce paperwork in the increasingly technological environment, U.S. Citizenship and Immigration Services is altering where Form I-730, Refugee/Asylee Relative Petition, should be filed. Depending on the state where the petitioner resides, this petition was previously submitted at either the Texas Service Center or the Nebraska Service Center. All Form I-730 petitions must now be submitted to the Texas Service Center. USCIS Texas Service Center Attn: I-730 6046 N. Belt Line Rd. Ste. 730 Irving, TX 75038-0019 Source: USCIS DHS Implements New Processes for Cubans, Haitians, and Nicaraguans and Eliminates Cap for Venezuelans The Department of Homeland Security (DHS) announced on January 5, 2023, a secure and legal means for qualified citizens of Cuba, Haiti, and Nicaragua who have supporters in the United States to fly to and temporarily dwell in the country. The new procedure allows people to apply for employment authorization upon arrival. According to DHS, the numerical cap for a similar procedure for Venezuelans announced earlier this year has also been eliminated. Source: USCIS