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

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