265 policy changesin the United States since 2010
Last refreshed September 27, 2026 · 19:00 UTC
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DHS applies FY2026 inflation adjustments to HR-1 parole, I-94, ESTA, and EVUS fees
DHS announced FY2026 inflation-adjusted HR-1 fees for parole, I-94, ESTA, and EVUS, with the adjusted amounts assessed beginning January 1, 2026.
Precedent Designation of In Absentia Removal Notice Standards (Matter of Laparra-Deleon)
Pursuant to Attorney General Order No. 6581-2026, the Attorney General designated Matter of Laparra-Deleon as binding precedent, holding that service of a statutorily compliant Notice of Hearing under INA § 239(a)(2) provides sufficient written notice to sustain an in absentia removal order under INA § 240(b)(5)(A), even if the initial Notice to Appear lacked the hearing date and time. Phase scope: Nationwide precedent across all immigration courts and EOIR proceedings
DHS terminates family reunification parole programs
DHS terminated modernized family reunification parole programs for Colombians, Cubans, Ecuadorians, Guatemalans, Haitians, Hondurans, and Salvadorans, and ended residual processing under legacy Cuban and Haitian family reunification parole programs.
DHS and DOL add 64,716 H-2B visas for FY2026
The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising time-limited Fiscal Year (FY) 2026 authority to issue up to, but not more than, an additional 64,716 visas for the fiscal year, distributed across three allocations.
Rescission of Suspension of Direct Commercial Passenger and Cargo Flights Between the United States and Venezuela
The Department of Homeland Security formally rescinded its prior determination and order suspending direct commercial passenger and cargo air services between the United States and Venezuela, authorizing the commencement of commercial flight operations between the two countries. Phase scope: Direct commercial passenger and cargo air transport between the U.S. and Venezuela
Non-Cognizability of Domestic Violence Particular Social Groups and Standard for Marriage Validity (Matter of V-A-B-)
Establishes nationwide precedent holding that a proposed particular social group defined as 'married Mexican women who are unable to leave their relationship' is not cognizable due to circularity and lack of particularity, and holds that a lawful marriage cannot be presumed solely based on cohabitation or shared children. Phase scope: Nationwide binding precedent across EOIR and DHS adjudications
President issues emergency FY2026 refugee admissions determination
The President issued an emergency determination on refugee admissions for FY2026, modifying refugee admissions policy after the October 2025 annual determination.
USCIS Highlights Temporary Nonimmigrant Status as Negative Discretionary Factor in Adjustment of Status
Under Policy Memorandum PM-602-0199, USCIS clarifies that holding a temporary nonimmigrant status (excluding dual-intent statuses such as H-1B or L-1) will be considered a negative discretionary factor during the review of Form I-485 Adjustment of Status applications, as temporary visitors are generally expected to depart after their stay.
DHS codifies USCIS HR-1 immigration fees and related procedures
DHS issued an interim final rule codifying HR-1 immigration fees and related procedures, including asylum and annual asylum fees, Form I-94 fee requirements, certain EAD validity periods, and USCIS fee retention rules.
DHS Directive to Deport Noncitizens Who Vote Unlawfully
The Department of Homeland Security formally directed ICE to enforce strict deportation and removal penalties against noncitizens who vote illegally in American elections or make false claims to U.S. citizenship. The directive clarifies that a criminal conviction is not required to initiate removal proceedings, and the provisions apply immediately to both undocumented individuals and legally present noncitizens.
USCIS Complies with Court Order Vacating Adjudication and Global Asylum Holds
USCIS has complied with a federal court order vacating its 'Adjudication Hold' and 'Global Asylum Hold' policies. This action ends the indefinite processing holds on adjustments of status (Green Cards), Employment Authorization Documents, naturalization applications, and affirmative asylum applications.
Mandatory English-Language Proficiency Standard for CMV PERM Filings
The Department of Labor enacted final guidance requiring every PERM labor certification application and job order involving a Commercial Motor Vehicle role to explicitly state an English language proficiency standard.
Precedent Standard for Safe Third Country Paper-Based Pretermission Adjudications (Matter of A-C-M-)
The Board of Immigration Appeals established a precedent rule holding that when an alien is subject to an Asylum Cooperative Agreement (ACA) safe-third-country bar and the record lacks evidence of individualized risk of harm in the ACA receiving country, an Immigration Judge is generally not required to hold an evidentiary hearing to resolve the safe third country bar and pretermit asylum. Phase scope: Nationwide across all EOIR Immigration Court proceedings
USCIS Guidance on H-2A Petitions for Dairying
USCIS issued a policy memorandum clarifying that dairy operations are eligible to use the H-2A program when they can demonstrate a qualifying temporary or seasonal labor need on a case-by-case basis.
Standard for Pretermission of Asylum Applications and Potential Collateral Relief (Matter of T-A-G-)
Establishes binding precedent that an Immigration Judge errs in denying a DHS motion to pretermit an asylum application based on the respondent's potential eligibility for collateral relief pending outside EOIR jurisdiction. Phase scope: Nationwide across all immigration court removal proceedings
Expiration of Deferred Enforced Departure (DED) for Liberians
The temporary deferral of removal and employment authorization for Liberian DED beneficiaries expired, requiring employers to discontinue accepting Liberian DED-based EADs.
Haiti TPS termination takes effect after litigation
The Haiti Temporary Protected Status designation terminated effective July 27, 2026. Category A12 or C19 employment authorization documents issued to TPS Haiti beneficiaries were no longer valid.
Syria TPS termination takes effect
The Syria Temporary Protected Status designation terminated effective 2026-07-27. Category A12 or C19 employment authorization documents issued to TPS Syria beneficiaries were no longer valid.
Executive Order 14419: Ending Birth Tourism and Directing Agency Enforcement
Restricts nonimmigrant entry and enhances consular/border enforcement to prevent foreign nationals from traveling to the United States on temporary nonimmigrant visas for the primary purpose of giving birth on American soil. Authorizes DOS and DHS to deny visas/travel authorizations, revoke visas, bar admission, and initiate enforcement actions against facilitators and commercial operators.
Burma TPS termination takes effect after postponement
The Burma Temporary Protected Status designation terminated effective 2026-08-07. Category A12 or C19 employment authorization documents issued to TPS Burma beneficiaries were no longer valid.
South Sudan TPS termination takes effect after postponement
The South Sudan Temporary Protected Status designation terminated effective 2026-08-07. Category A12 or C19 employment authorization documents issued to TPS South Sudan beneficiaries were no longer valid.
Precedent Rule Treating Advance Parole Travel as Statutory Departure Triggering Unlawful Presence Inadmissibility (Matter of Delcarmen-Lara)
The Board of Immigration Appeals overruled Matter of Arrabally and Yerrabelly, holding that departing the United States pursuant to an Advance Parole Document constitutes a statutory departure for purposes of the 3- and 10-year unlawful presence inadmissibility bars under INA § 212(a)(9)(B)(i). Phase scope: Applies nationwide to all departures under advance parole occurring on or after August 13, 2026
Precedent Rule Governing Denial of Continuances for Legal Counsel in Removal Proceedings (Matter of A-K-R-)
The Board of Immigration Appeals modified Matter of C-B-, establishing that the only statutory or regulatory time requirement necessary to safeguard an alien's privilege of legal counsel is that the first hearing may not be scheduled earlier than 10 days after service of the NTA, and affirming the denial of further continuances to seek counsel where good cause is not shown. Phase scope: Nationwide across all EOIR Immigration Court proceedings
Ethiopia TPS termination takes effect after postponement
The Ethiopia Temporary Protected Status designation terminated effective 2026-08-18. Category A12 or C19 employment authorization documents issued to TPS Ethiopia beneficiaries were no longer valid.
BIA Precedent on Regulatory Definition of Attorney and Reinstatement Bar (Matter of Sarah J. M. Jones)
The Board of Immigration Appeals established binding nationwide precedent ruling that an individual who is eligible to practice law and in good standing in one jurisdiction fails to meet the regulatory definition of 'attorney' under 8 C.F.R. § 1001.1(f) if barred or otherwise restricted from practicing law in another jurisdiction. The Board further held that reinstatement is unwarranted where the practitioner engaged in unauthorized practice before Immigration Courts during a period of indefinite suspension. Phase scope: Nationwide binding precedent governing all EOIR and DHS proceedings
DHS expands the 9-11 biometric fee to covered H-1B and L-1 extension petitions
DHS requires employers with at least 50 U.S. employees, more than half of whom hold H-1B, L-1A, or L-1B status in the aggregate, to pay the 9-11 biometric fee on H-1B and L-1 extension-of-status petitions regardless of whether the fraud fee applies. The fee is $4,000 for H-1B petitions and $4,500 for L-1 petitions. Amended petitions that do not request an extension of the beneficiary's current status are exempt, and the fee applies to petitions filed on or before September 30, 2027.
Executive Order 14165—Securing Our Borders
Terminates categorical parole programs including the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, and orders the immediate cessation of using the CBP One application to parole inadmissible aliens into the United States.
President suspends physical entry at the southern border under invasion proclamation
The President issued Proclamation 10888 directing restrictions on the physical entry of aliens involved in the southern-border emergency and invoking the Federal Government's duty to protect states against invasion.
DHS restores expedited removal to the full statutory scope
DHS rescinded the 2022 limits on expedited removal and restored use of expedited removal to the fullest scope authorized by Congress.
USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants
Rescinded the requirement that applicants seeking adjustment of status to lawful permanent resident (Form I-485) present documentation of COVID-19 vaccination on Form I-693 (Report of Immigration Medical Examination and Vaccination Record). USCIS ceased issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) for lack of COVID-19 vaccination records and barred denials on this sole basis. Phase scope: Immediate nationwide implementation for all pending and new adjustment of status adjudications.
President suspends refugee admissions under USRAP
Executive Order 14163 suspended entry under the U.S. Refugee Admissions Program, subject to limited exceptions, pending further findings by the Secretary of Homeland Security and Secretary of State.
DHS vacates the January 2025 Venezuela TPS extension decision
DHS vacated the prior January 2025 decision that had extended the 2023 Venezuela TPS designation, consolidated filing processes for Venezuelan TPS beneficiaries, and extended certain Employment Authorization Documents.
DHS partially vacates the 2024 Haiti TPS extension and redesignation
DHS partially vacated the June 2024 Haiti TPS decision, shortening the previously announced extension and redesignation framework.
Extension of the Designation of El Salvador for Temporary Protected Status
The Department of Homeland Security (DHS) is extending the designation of El Salvador for Temporary Protected Status (TPS) for 18 months, beginning on March 10, 2025, and ending on September 9, 2026. Existing beneficiaries who wish to extend their status through September 9, 2026, must re-register during the 60-day re-registration period running from January 17, 2025, through March 18, 2025. Applicants must submit Form I-821 and are required to pay the biometric services fee unless a fee waiver is requested and granted via Form I-912. DHS automatically extends through March 9, 2026, the validity of certain EADs previously issued under the TPS designation of El Salvador with category A12 or C19 and a card expiration date of March 9, 2025, June 30, 2024, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, Sept. 9, 2019, or March 9, 2018. Additionally, beneficiaries who properly file a renewal Form I-765 under category A12 or C19 during the re-registration period may receive an automatic EAD extension of up to 540 days.
HHS updates unaccompanied children foundational rule to track statutory text
HHS issued an interim final rule revising an ORR unaccompanied children regulation to accord with the express language of governing statutes on placement, care, and services.
DHS designates a new alien registration form and evidence of registration
DHS issued an interim final rule designating Form G-325R as a general registration mechanism for aliens subject to INA registration and fingerprinting requirements and adding corresponding evidence-of-registration rules.
Extension of the Designation of Sudan for Temporary Protected Status
Extends the Temporary Protected Status (TPS) designation for Sudan for 18 months from April 20, 2025, through October 19, 2026, and provides an automatic extension of certain expiring Employment Authorization Documents (EADs) through April 19, 2026.
DHS terminates CHNV categorical parole processes
DHS terminated the categorical parole processes for Cubans, Haitians, Nicaraguans, and Venezuelans and set a general April 24, 2025 parole termination date for affected parolees whose parole had not already expired, absent individual exceptions.
Extension of South Sudan Designation for Temporary Protected Status
The designation of South Sudan for Temporary Protected Status (TPS) is automatically extended for six months, from May 4, 2025, through November 3, 2025. The extension allows existing TPS beneficiaries to retain TPS through November 3, 2025, if they otherwise continue to meet eligibility requirements, including continuous residence in the United States since September 4, 2023. Additionally, this notice automatically extends the validity of Employment Authorization Documents (EADs) previously issued under the TPS designation of South Sudan with a Category of A12 or C19 and a 'Card Expires' date of May 3, 2025, or November 3, 2023, for six months, through November 3, 2025.
ORR shortens refugee cash and medical assistance eligibility to four months
The Office of Refugee Resettlement announced that refugee cash assistance and refugee medical assistance eligibility would be reduced from 12 months to four months for participants becoming eligible after the transition period.
President establishes Project Homecoming voluntary departure incentives
Proclamation 10935 directed DHS and State to create processes for unlawfully present aliens to rapidly depart the United States, including use of CBP Home, federal travel support, and an exit bonus.
Termination of the Designation of Cameroon for Temporary Protected Status
The Department of Homeland Security (DHS) announced the termination of the Temporary Protected Status (TPS) designation for Cameroon, effective August 4, 2025, at 11:59 p.m. local time. DHS determined that Cameroon no longer meets the statutory conditions for TPS designation regarding ongoing armed conflict and extraordinary and temporary conditions, and that permitting Cameroonian nationals to remain temporarily in the United States is contrary to the national interest. Employment Authorization Documents (EADs) previously issued under Cameroon's TPS designation with a 'Card Expires' date of June 7, 2025, and categories A-12 or C-19 are automatically extended through August 4, 2025.
State starts a temporary B-1/B-2 visa bond pilot
The Department of State established a 12-month visa bond pilot for certain B-1/B-2 applicants from countries identified for high overstay rates, deficient screening and vetting information, or citizenship-by-investment concerns.
DHS begins assessing HR-1 fee for in-absentia removal followed by ICE arrest
From September 8, 2025, DHS began assessing and collecting a $5,000 FY2025 fee against aliens ordered removed in absentia under INA 240(b)(5) and subsequently arrested by ICE. The fee does not apply if the in-absentia order was rescinded under 240(b)(5)(C); the notice states no waivers are available.
DHS begins assessing HR-1 fee for inadmissible apprehension between ports
From September 8, 2025, DHS began assessing and collecting a $5,000 FY2025 fee against aliens apprehended between ports of entry and determined to be inadmissible. DHS individually notifies affected persons and provides payment instructions.
Termination of the Designation of Honduras for Temporary Protected Status
The Department of Homeland Security announces the termination of the Temporary Protected Status (TPS) designation for Honduras, effective September 8, 2025.
President restricts entry of certain H-1B nonimmigrant workers
Proclamation 10973 restricted entry under the H-1B program for certain new petitions unless accompanied by a $100,000 payment or covered by an exception.
CBP begins assessing additional HR-1 I-94 fee at land-border ports
From September 30, 2025, CBP began assessing a $24 FY2025 HR-1 fee for an application for Form I-94 at a land-border port, added to the existing $6 fee for a $30 total.
CBP begins assessing HR-1 EVUS enrollment fee
From September 30, 2025, CBP began assessing a new $30 FY2025 EVUS enrollment fee, payable at enrollment in addition to other applicable fees. The notice describes EVUS as applying to PRC nationals holding designated 10-year B1/B2, B1 or B2 visitor visas; its footnote specifies designated visas issued without restriction for maximum validity in a PRC-issued passport.
CBP begins assessing increased HR-1 ESTA authorization fee
From September 30, 2025, CBP began assessing a $40 FY2025 ESTA travel-authorization fee, replacing the previous $21 fee. ESTA is required in advance for Visa Waiver Program travel by air, sea or land.
President sets FY2026 refugee admissions ceiling at 7,500
The President determined that up to 7,500 refugee admissions for FY2026 were justified, with admissions primarily allocated to Afrikaners from South Africa and other victims of illegal or unjust discrimination, subject to other presidential restrictions.
DHS permits earlier electronic filing of certain H-2A petitions
DHS finalized a rule amending regulations to allow H-2A petitions requesting unnamed beneficiaries to be filed electronically after the Department of Labor (DOL) issues a notice of acceptance (NOA) and before DOL approves the underlying temporary labor certification (TLC). Petitioners seeking concurrent processing must provide the ETA case number for the underlying TLC application. USCIS will make necessary modifications to the concurrently processed H-2A petition to reflect any modifications made by DOL to the TLC after issuance of the NOA and before certification. The TLC must be approved by DOL before USCIS may approve the H-2A petition. If the H-2A petition is filed before DOL issues a notice of acceptance, or if DOL denies the application for temporary agricultural labor certification, USCIS will deny the H-2A petition.
DHS removes automatic extensions for most renewal EAD filings
DHS issued an interim final rule ending automatic EAD validity extensions for aliens who timely file renewal applications in covered categories, except for extensions already granted or otherwise required by law or Federal Register notice.
DHS terminates the 2021 Venezuela TPS designation
DHS terminated the 2021 Venezuela TPS designation, with termination effective November 7, 2025.
DHS finalizes biometric entry and exit collection for aliens
DHS finalized rules permitting biometric collection from aliens entering and departing the United States, including photographs for all aliens and additional biometrics for non-exempt aliens, and removed pilot/port limitations for departure collection.
USCIS Policy Update on Untimely Filed Requests for Extension of Stay and Change of Status
USCIS updated its Policy Manual guidance to clarify officers' discretionary authority under extraordinary circumstances to excuse a nonimmigrant’s failure to timely file an extension of stay (EOS) or change of status (COS) request before the expiration of authorized stay, explicitly listing examples such as labor disputes, work stoppages, and government funding lapses/shutdowns preventing timely certification of labor condition applications (LCAs).
State Department announces domestic H-1B visa renewal pilot
The State Department announced a pilot program to resume domestic visa renewal for certain qualified H-1B nonimmigrant visa applicants.
DHS adjusts premium processing fees
DHS issued a final rule increasing premium processing fees for eligible forms including Form I-129, Form I-140, Form I-539, and Form I-765.
DHS finalizes USCIS fee schedule changes effective April 2024
DHS finalized broad USCIS fee schedule changes, including new and adjusted fees for many immigration benefit requests and a new asylum program fee for certain employment-based petitioners.
DHS again temporarily increases EAD automatic extension period to 540 days
DHS temporarily increased the automatic extension period for certain timely filed EAD renewal applicants to up to 540 days for applications pending on or after April 8, 2024 or filed during the covered period.
suspension of the employment limitations is available through November 25, 2025
suspension of the employment limitations is available through November 25, 2025
DHS and DOJ issue Securing the Border asylum interim final rule
DHS and DOJ issued an interim final rule implementing entry and asylum limitations during emergency border circumstances following the June 2024 presidential proclamation.
Presidential Proclamation 10773 — Securing the Border
Invokes INA §§ 212(f) and 215(a) to suspend and limit the entry of noncitizens entering irregularly across the southwest land border and adjacent coastal borders whenever daily border encounters exceed specified threshold levels (7-day average of 2,500 encounters), subject to narrow exceptions.
Employment relief for Ethiopian F-1 students facing severe economic hardship
Eligible Ethiopian F-1 students experiencing severe economic hardship from armed conflict and the humanitarian crisis may request employment authorization, work additional hours while school is in session, and reduce their course load while maintaining F-1 status.
The Secretary is also redesignating Ethiopia for TPS.
The Secretary is also redesignating Ethiopia for TPS. The redesignation of Ethiopia allows additional Ethiopian nationals (and individuals having no nationality who last habitually resided in Ethiopia) who have been continuously residing in the United States since April 11, 2024, to apply for TPS for the first time
HHS unaccompanied children foundational rule takes effect
HHS finalized standards for the Office of Refugee Resettlement unaccompanied children program, codifying placement, care, release, and post-release service rules for unaccompanied noncitizen children.
DHS implements Keeping Families Together parole-in-place process
DHS implemented a parole-in-place process for certain noncitizen spouses and stepchildren of U.S. citizens who are present without admission or parole and meet continuous-presence and public-safety criteria.
DHS corrects T nonimmigrant final rule before effective date
DHS corrected technical and typographical errors in the April 2024 T nonimmigrant status final rule, with corrections effective alongside the rule on August 28, 2024.
Extension of Form I-90 Green Card Validity to 36 Months for Renewals
USCIS automatically extended the validity period of Permanent Resident Cards (Green Cards) from 24 months to 36 months for lawful permanent residents filing Form I-90 to renew an expired or expiring Green Card. USCIS began printing amended Form I-90 receipt notices providing proof of continued status and employment authorization for 36 months from the card's expiration date.
EB-1 Extraordinary Ability Evidentiary Criteria Clarification
USCIS updated Volume 6 of the Policy Manual to clarify the evaluation of evidence for immigrant classification as an individual of extraordinary ability (E11 / EB-1). The guidance confirms that receipt of team awards may be considered under the criterion for lesser nationally or internationally recognized prizes or awards; clarifies that past memberships satisfy the membership criterion; removes language requiring published materials to prove the value of the person's work; and clarifies artistic vs non-artistic exhibition requirements.
DHS adds Belize to H-2A and H-2B eligible-country lists
DHS and the State Department updated the lists of countries whose nationals are eligible to participate in the H-2A and H-2B programs, adding Belize and retaining previously designated countries.
DHS and DOL add 64,716 H-2B visas for FY2025
DHS and DOL issued a temporary rule authorizing up to 64,716 supplemental H-2B visas for FY2025 and continuing portability flexibility for certain H-2B workers changing employers.
Employment relief for Haitian F-1 students facing severe economic hardship
Eligible Haitian F-1 students experiencing severe economic hardship from the crisis in Haiti may request employment authorization, work additional hours while school is in session, and reduce their course load while maintaining F-1 status.
Yemen TPS redesignation expands eligibility
DHS redesignates Yemen for TPS for the period 2023-03-04 through 2024-09-03, allowing additional eligible Yemeni nationals, and persons without nationality who last habitually resided in Yemen, to obtain TPS. Applicants must have continuously resided in the United States since 2022-12-29, have been continuously physically present since 2023-03-04, and meet the other TPS eligibility and application requirements.
Expansion of Premium Processing to F-1 OPT and STEM OPT Extensions (Phase 1)
USCIS expanded premium processing service (Form I-907) to certain F-1 students with pending Form I-765 applications for post-completion OPT or 24-month STEM OPT extensions.
COVID-era asylum-interview interpreter modification extended through September 12, 2023
DHS extended through September 12, 2023 the temporary modification of interpreter requirements for affirmative asylum interviews during the COVID-19 pandemic.
USCIS and State Department enhance Central American Minors Program
USCIS and the State Department updated Central American Minors Program eligibility criteria, expanding access for qualifying parents and legal guardians with certain pending asylum, U, or T applications or petitions.
Circumvention of Lawful Pathways (Joint DHS/DOJ Final Rule)
DHS and DOJ promulgated a rule establishing a rebuttable presumption of asylum ineligibility for noncitizens who enter the United States at the southwest land border or adjacent coastal borders without authorization after transiting through a third country, unless they availed themselves of an existing lawful pathway, presented at a port of entry via a pre-scheduled appointment (such as the CBP One app), or were denied protection in a transit country.
Implementation of a family reunification parole process (FRP) for Salvadorans.
Implementation of a family reunification parole process (FRP) for Salvadorans.
DHS authorizes optional remote Form I-9 document examination for E-Verify employers
U.S. Immigration and Customs Enforcement (ICE) announced the authorization of an optional alternative procedure to the in-person physical examination of documentation presented by individuals seeking to establish identity and employment authorization for Form I-9, Employment Eligibility Verification. The alternative procedure is available beginning August 1, 2023, only to qualified employers who are participants in good standing in E-Verify (enrolled with respect to all hiring sites using the procedure and in compliance with all E-Verify requirements). To use the procedure within three business days of an employee's first day of employment, employers or authorized representatives must: (1) examine copies (front and back if two-sided) of Form I-9 documents or acceptable receipts to ensure they reasonably appear genuine; (2) conduct a live video interaction with the individual presenting the documents, after the employee transmits a copy and then presents the same documents during the video; (3) indicate on the Form I-9 by completing the corresponding box that an alternative procedure was used; (4) retain a clear and legible copy of the documentation (front and back if two-sided); and (5) make these copies available in the event of a Form I-9 audit or investigation. Employers choosing to offer the alternative procedure must do so consistently for all employees at an E-Verify hiring site, though they may choose to offer it for remote hires only while applying physical examination to onsite or hybrid employees without discriminatory purpose. Employers must also allow employees who are unable or unwilling to submit documentation via the alternative procedure to submit documentation for physical examination. Furthermore, qualified employers who were enrolled in E-Verify at the time of a remote examination under COVID-19 temporary flexibilities between March 20, 2020, and July 31, 2023, and created an E-Verify case (except for reverification) can use the alternative procedure to satisfy the required physical examination by adding 'alternative procedure' and the live video interaction date to the Form I-9 Section 2 Additional Information field or Section 3. Employers may continue using the prior Form I-9 edition (10/21/2019) through October 31, 2023, writing 'alternative procedure' in the Additional Information field, but must use the August 1, 2023 edition no later than November 1, 2023.
CSPA "Sought to Acquire" Requirement Policy Clarification on Extraordinary Circumstance Excusal
USCIS issued Policy Alert PA-2023-24 updating Volume 7 of the Policy Manual to clarify that the agency considers its February 14, 2023 CSPA policy change an "extraordinary circumstance" that excuses an applicant's failure to satisfy the 1-year "sought to acquire" requirement under the Child Status Protection Act. The update clarifies that applicants whose applications were pending on Feb 14, 2023 satisfy the requirement if filed within 1 year of visa availability under prior guidance.
Clarification of Evidentiary Evaluation for EB-1 Extraordinary Ability (E11) and Outstanding Professors/Researchers (E12)
USCIS updated Volume 6 of the Policy Manual to clarify how adjudicators evaluate initial evidence and totality of circumstances for EB-1 extraordinary ability (E11) and outstanding professor/researcher (E12) petitions. The update provides specific examples of qualifying evidence (including STEM fields) and comparable evidence standards.
Extension of Maximum Validity Period to 5 Years for Certain Employment Authorization Documents (EADs)
USCIS updated Volume 10 of the Policy Manual to increase the maximum validity period for initial and renewal Employment Authorization Documents (EADs, Form I-766) to 5 years for certain noncitizen categories. Covered categories include refugees, asylees, noncitizens granted withholding of removal, and noncitizens with pending applications for asylum, withholding of removal, adjustment of status under INA 245, or cancellation of removal.
State Department reverts visa public charge regulations from 2019 IFR
The State Department declined to finalize the 2019 visa public charge interim final rule and reverted to prior regulatory text while continuing to apply Foreign Affairs Manual guidance.
Ukraine TPS redesignation expands eligibility
DHS redesignates Ukraine for TPS for the period 2023-10-20 through 2025-04-19, allowing additional eligible Ukrainian nationals, and persons without nationality who last habitually resided in Ukraine, to obtain TPS. Applicants must have continuously resided in the United States since 2023-08-16, have been continuously physically present since 2023-10-20, and meet the other TPS eligibility and application requirements.
DHS implements Ecuadorian family reunification parole process
DHS implemented a family reunification parole process for certain Ecuadorian beneficiaries of approved family-based immigrant visa petitions.
Afghanistan TPS redesignation expands eligibility
DHS redesignates Afghanistan for TPS for the period 2023-11-21 through 2025-05-20, allowing additional eligible Afghan nationals, and persons without nationality who last habitually resided in Afghanistan, to obtain TPS. Applicants must have continuously resided in the United States since 2023-09-20, have been continuously physically present since 2023-11-21, and meet the other TPS eligibility and application requirements.
Clarification on Immigrant Intent and Employment Rules for F and M Nonimmigrant Students
Consolidated and updated Policy Manual guidance confirming that F and M students may maintain nonimmigrant intent while being the beneficiary of a permanent labor certification (PERM) or immigrant visa petition, provided they demonstrate intent to depart after a temporary stay, and clarified rules governing STEM OPT extensions and on/off-campus employment authorizations. Phase scope: Operative for all student status adjudications and applications filed on or after December 20, 2023.
DHS and DOL add 20,000 H-2B visas for first half of FY2022
DHS and DOL issued a temporary final rule authorizing up to 20,000 supplemental H-2B visas for employers with FY2022 first-half start dates and irreparable-harm attestations.
New I-94 spouse codes provide proof of work authorization
From January 30, 2022, USCIS and Customs and Border Protection began issuing Forms I-94 with E-1S, E-2S, E-3S and L-2S codes to distinguish certain E and L dependent spouses from dependent children. An unexpired I-94 bearing one of these codes was acceptable evidence of employment authorization under List C of Form I-9. This implemented documentation for the incident-to-status authorization recognized in November 2021; it did not extend that authorization to dependent children, TECRO/TECO dependents or spouses of E-2 CNMI investors.
Eligible evacuated Afghans may reuse overseas medical examinations
From February 1, 2022, Afghan nationals applying for adjustment of status after evacuation under Operation Allies Welcome did not have to repeat their immigration medical examination or submit Form I-693 if three conditions were met: their overseas panel-physician examination was in the A-file and reported no Class A medical condition; it had been completed no more than four years before the adjustment application; and neither the A-file nor interview testimony suggested they acquired a Class A condition after entering the United States.
Longer work-document validity for specified protection and parole categories
For affected Employment Authorization Documents issued on or after February 7, 2022, USCIS increased the maximum validity guideline for initial and renewal documents from one year to two years for refugees, asylees, people granted withholding of deportation or removal, and VAWA self-petitioners. For parolees and recipients of deferred action other than DACA, initial and renewal documents could be valid through the end of the authorized parole or deferred-action period. Previously issued documents were unaffected, and replacement documents retained the original validity dates. These were maximum validity guidelines, not a guarantee of work authorization for every applicant.
Restoration of the 30-day processing provision for initial asylum employment authorization
Restored the regulatory requirement that USCIS adjudicate initial employment authorization applications by asylum applicants within 30 days of receipt, following the February 7, 2022 vacatur of the June 2020 rule that had removed this requirement.
Divorce does not end VAWA stepfamily eligibility
From February 10, 2022, USCIS adopted Arguijo v. USCIS nationwide, allowing stepchildren and stepparents to remain eligible for VAWA self-petitions after the parent and stepparent divorced. The change applied to pending VAWA Form I-360 self-petitions and those filed on or after that date, regardless of the self-petitioner’s place of residence. Divorce no longer ended the qualifying stepfamily relationship for this purpose; other VAWA eligibility requirements remained applicable.
Mandatory Frivolous Asylum Adjudication Requirements (Matter of M-M-A-)
BIA precedent establishing that when the Department of Homeland Security raises the mandatory bar under INA § 208(d)(6) for filing a frivolous asylum application, an Immigration Judge must make sufficient findings of fact and conclusions of law regarding whether the requirements for a frivolousness determination under Matter of Y-L- have been met, and cannot decline to address the issue. Phase scope: Operative nationwide across all immigration court proceedings and BIA reviews upon issuance on March 11, 2022.
EB-5 Reform and Integrity Act of 2022 (Statutory Regional Center Program Reauthorization)
Congress enacted statutory reforms repealing and replacing the legacy EB-5 Regional Center Program, reauthorizing the regional center category through September 30, 2027, creating reserved visa subcategories for rural, high-unemployment, and infrastructure projects, and adjusting minimum investment amounts ($800,000 in TEAs / $1,050,000 non-TEA).
Citizenship-certificate applicants generally provide photos at appointments
For Forms N-600 filed on or after March 28, 2022, USCIS generally collected applicants’ photographs and signatures at an Application Support Center appointment at no additional cost instead of requiring paper photographs. Paper photographs could still be required for applicants living outside the United States. Parents or legal guardians could sign for children under 14, and children under five did not submit fingerprints. Failure to attend could result in abandonment unless a timely address-change or rescheduling request applied; USCIS also preserved the stated exception for service members abroad unable to comply for service-related reasons.
USCIS Policy Manual Guidance on Interview Waiver Criteria for Family-Based Conditional Permanent Residents (Form I-751)
Updates Policy Manual guidance to give USCIS officers broad discretion to waive the in-person interview requirement for Form I-751 (Petition to Remove Conditions on Residence) if the record contains sufficient evidence of a bona fide marriage and no indications of fraud, misrepresentation, or criminal bars, explicitly eliminating the previous mandatory interview policy for CPRs who obtained status through consular processing abroad.
DHS designates Ukraine for Temporary Protected Status
DHS designated Ukraine for TPS for 18 months, allowing eligible Ukrainian nationals in the United States to apply for TPS and employment authorization.
Implementation of the Uniting for Ukraine Parole Process
DHS implemented the Uniting for Ukraine parole process, establishing a pathway for eligible Ukrainian citizens and immediate family members to apply for advance authorization to travel to the United States and seek a discretionary grant of parole.
DHS temporarily increases automatic EAD extension period to 540 days
DHS temporarily increased the automatic extension period for certain timely filed EAD renewal applicants from up to 180 days to up to 540 days.
Deferred-action consideration introduced for visa-blocked SIJs
From May 6, 2022, USCIS automatically considered deferred action for eligible noncitizens with approved Special Immigrant Juvenile classification who could not apply to adjust status solely because an immigrant visa number was unavailable. The policy applied whether SIJ classification was approved before, on or after that date. No separate deferred-action request was required or accepted. Grants remained discretionary and case by case, for four years; recipients could separately apply for employment authorization using Form I-765 in category (c)(14). SIJ classification itself did not confer lawful status.
DHS designates Afghanistan for Temporary Protected Status
DHS designated Afghanistan for TPS for 18 months, opening TPS registration and employment authorization eligibility for covered Afghan nationals.
DHS and DOJ issue asylum officer processing interim final rule
DHS and DOJ issued an interim final rule allowing certain noncitizens with positive credible fear determinations to have asylum, withholding, and CAT claims considered by USCIS asylum officers.
Policy Manual Guidance on Afghan and Iraqi Special Immigrant Visas Adjudication Transition
USCIS updated the Policy Manual regarding the transition of adjudicative responsibility for certain Afghan SIV petitions (Form DS-157) to the Department of State, and incorporated statutory changes under the Emergency Security Supplemental Appropriations Act of 2021.
Permanent Adoption of Reproduced Signature Flexibilities
USCIS made permanent the COVID-19 emergency flexibility allowing electronically reproduced original signatures (such as scanned, faxed, or photocopied original signatures) on benefit forms and petitions, removing the requirement for "wet ink" original signatures.
Uncharacterized military discharges treated as honorable for military naturalization
USCIS updated policy guidance in Volume 12 of the Policy Manual establishing that an "Uncharacterized" military discharge satisfies the statutory requirement of separation "under honorable conditions" for military naturalization under INA §§ 328 and 329. This guidance is effective immediately on August 2, 2022, and applies to all currently pending applications as well as to applications filed on or after August 2, 2022. Applicants whose military naturalization applications were previously denied under the prior interpretation may submit another Application for Naturalization (Form N-400), with no filing fee for current or former members of the U.S. armed forces.
Policy Guidance on Special Immigrant and Nonimmigrant Religious Workers (R-1)
USCIS updated Volumes 2 and 6 of the Policy Manual regarding Special Immigrant Religious Workers and R-1 nonimmigrants, clarifying third-party compensation structures.
Codification of policy allowing issuance of diplomatic nonimmigrant visas in the United States to children born in the U.S.
Codification of policy allowing issuance of diplomatic nonimmigrant visas in the United States to children born in the U.S. to parents maintaining A-1, A-2, C-2, C-3, G-1, G-3, G-4, or NATO status who are not subject to U.S. jurisdiction.
Resumption of Cuban Family Reunification Parole (CFRP) Operations
USCIS formally resumed in-person interview processing under the Cuban Family Reunification Parole program at the U.S. Embassy in Havana, which had been suspended since 2017.
Extension of Temporary Waiver of Form I-693 60-Day Rule for Civil Surgeon Signatures
USCIS extended the temporary waiver of the requirement that the civil surgeon’s signature on Form I-693 (Report of Medical Examination and Vaccination Record) be dated no more than 60 days before filing the underlying benefit application through March 31, 2023.
President sets FY2023 refugee admissions ceiling at 125,000
The FY2023 presidential determination authorized up to 125,000 refugee admissions and regional allocation ceilings.
Naturalization receipts extend green-card evidence for 24 months
For Forms N-400 filed on or after December 12, 2022, USCIS receipt notices automatically extended Permanent Resident Cards for 24 months from the expiration date printed on the card. Presented together during that extension period, the receipt notice and expired card provided valid evidence of lawful permanent residence, identity and employment authorization under Form I-9 List A. Naturalization applicants therefore might not need to file Form I-90 while their N-400 remained pending. This changed documentary proof, rather than granting an additional period of lawful permanent resident status.
DHS and DOL add 64,716 H-2B visas for FY2023
DHS and DOL issued a temporary final rule authorizing up to 64,716 supplemental H-2B visas for FY2023, allocated across returning-worker and country-specific pools.
DHS finalizes public charge inadmissibility rule
DHS finalized a public charge rule defining public charge as likely primary dependence on public cash assistance for income maintenance or long-term institutionalization at government expense.
DHS and DOJ finalize third-country transit asylum bar
DHS and DOJ finalized, with changes, the 2019 third-country transit asylum bar for southern-border entrants who did not seek protection in a transit country.
Memorandum on Reinstating Deferred Enforced Departure for Liberians
The President reinstated Deferred Enforced Departure (DED) and continued employment authorization for eligible Liberian nationals who were under a grant of DED as of January 10, 2021, through June 30, 2022.
Suspension of Entry for Travelers from Republic of South Africa
Suspension and limitation of entry as immigrants or nonimmigrants for noncitizens present in the Republic of South Africa within the 14 days preceding entry, subject to the proclamation’s exceptions.
2008 civics test restored with a transition for recent applicants
From March 1, 2021, USCIS restored the 2008 civics test for naturalization applicants who filed before December 1, 2020 or on or after March 1, 2021. Applicants who filed from December 1, 2020 through February 28, 2021 could choose the 2008 or 2020 test if their initial interview was scheduled before April 19, 2021. All applicants whose initial interviews were scheduled on or after April 19, 2021 were to take the 2008 test, regardless of filing date. Officers would stop asking civics questions once the applicant passed or failed either version. Statutory educational exceptions continued to apply.
DHS removes 2019 public charge regulatory text after vacatur
DHS removed the 2019 public charge regulations from the Code of Federal Regulations after a federal court vacatur, restoring the pre-2019 regulatory text.
DHS extends temporary asylum interview interpreter rule
DHS extended the temporary rule allowing USCIS-provided telephonic interpreters for many affirmative asylum interviews through September 20, 2021.
President revises FY2021 refugee admissions allocations
The President issued an emergency determination revising FY2021 refugee admissions allocations while retaining the 15,000 ceiling.
Deference restored for qualifying petition-extension decisions
From April 27, 2021, USCIS generally restored deference to its prior eligibility determinations when deciding petition extensions involving the same parties and facts. Deference did not apply where there was material error, a material change in circumstances or eligibility, or new material information adversely affecting eligibility. USCIS would consider, but not defer to, eligibility determinations made by other US government agencies. The policy restored, with updates, guidance that USCIS had rescinded in 2017.
President raises FY2021 refugee admissions ceiling to 62,500
The President raised the FY2021 refugee admissions ceiling from 15,000 to 62,500 and adjusted regional allocations.
President revokes immigrant health-insurance entry restriction
Proclamation 10209 revoked Proclamation 9945, ending the immigrant visa health-insurance or ability-to-pay entry restriction.
regulatory text restored to appear as it did before the October 2020 IFR
regulatory text restored to appear as it did before the October 2020 IFR
Initial and renewal work permits for adjustment applicants extended to two years
From June 9, 2021, USCIS increased the validity of initial and renewal Employment Authorization Documents issued to applicants seeking adjustment of status under INA 245 from one year to two years. Replacement documents retained the same validity dates as the original document.
Bona fide review introduced for work authorization while U petitions are pending
From June 14, 2021, USCIS introduced an initial bona fide review process for pending and newly filed Form I-918 petitions, allowing qualifying U-status petitioners and qualifying family members to receive four-year Employment Authorization Documents and deferred action before a full waiting-list adjudication. A bona fide principal petition was followed by national-security and public-safety checks and a decision on favorable discretion. Recipients generally proceeded next to final U-status adjudication when a visa became available; background checks continued during the interim. Petitioners not granted this benefit proceeded to full waiting-list adjudication. The interim benefit was not a grant of U nonimmigrant status.
Attorney General Vacatur of Matter of A-B- and Matter of L-E-A-
Attorney General Merrick Garland vacated prior restrictive precedent decisions (Matter of A-B- and Matter of L-E-A-), reinstating broader eligibility for asylum claims based on domestic violence and family-based particular social groups (PSG).
Attorney General Overruling of Matter of Castro-Tum and Restoration of Administrative Closure (Matter of Cruz-Valdez)
Overruled Matter of Castro-Tum, restoring the general authority and discretion of Immigration Judges and the Board of Immigration Appeals (EOIR) to administratively close removal proceedings under the standards set in Matter of Avetisyan and Matter of W-Y-U-. Phase scope: Operative nationwide across all pending and future immigration court and BIA proceedings.
Repeated status-maintenance applications removed during eligible F-1 requests
From July 20, 2021, USCIS no longer required subsequent extension or change-of-status applications while an application to change to F-1 student status was pending, provided the applicant held unexpired nonimmigrant status when filing the initial application and was otherwise eligible to change status. For approvable applications, F-1 status became effective on the approval date, even if more than 30 days before the programme start. Applicants still had to comply with F-1 restrictions during that interval, including the prohibition on on-campus employment more than 30 days before classes started.
Attorney General Vacatur of Matter of A-C-A-A- I (Matter of A-C-A-A- II)
Vacated Matter of A-C-A-A- I, restoring the Board of Immigration Appeals' longstanding review practices in asylum adjudications, including case-by-case discretion to accept party stipulations and focus review only on contested elements rather than requiring de novo review of all statutory elements. Phase scope: Applies to all pending and future asylum adjudications before EOIR.
Military civil-surgeon designation expanded for certain Afghan visa applicants
From July 30, 2021, USCIS expanded the blanket civil-surgeon designation for eligible military physicians so they could complete required immigration medical examinations for certain Afghan special immigrant visa applicants and eligible family members in support of Operation Allies Refuge. The existing designation had covered US armed-forces members, veterans and their dependents; the expansion did not waive the medical examination.
New 2021 Haiti TPS designation expands eligibility
The Department of Homeland Security designates Haiti for Temporary Protected Status (TPS) for an 18-month period, effective August 3, 2021, through February 3, 2023, providing eligible individuals with protection from removal and the ability to apply for work authorization. Applicants must submit Form I-821 along with the required $50 fee or request a fee waiver via Form I-912, and individuals aged 14 or older must pay the biometrics services fee unless waived. Applicants may also file Form I-765 to obtain an Employment Authorization Document (EAD) valid through February 3, 2023.
Extension of Initial TPS Registration Periods for Venezuela, Syria, and Burma
Extended the initial registration period from 180 days to the full 18-month designation period for initial applicants seeking Temporary Protected Status under the designations for Venezuela, Syria, and Burma, allowing eligible individuals to apply at any time during the respective 18-month designation windows. Phase scope: Initial applicants under the 2021 Venezuela, Syria, and Burma TPS designations
implementing DED for Hong Kong through February 5, 2023
implementing DED for Hong Kong through February 5, 2023
Legal-parent recognition expanded for children born abroad
From August 5, 2021, USCIS considered a child born abroad to be born in wedlock for family-petition and citizenship purposes when the legal parents were married at the child’s birth and at least one had a genetic or gestational relationship to the child. The definition of child included the child of a US-citizen parent married at birth to the child’s genetic or legal gestational parent, if both were recognized as legal parents by the relevant jurisdiction, even if the citizen parent had no genetic or gestational relationship. Other citizenship and immigration eligibility requirements continued to apply.
2019 discretionary work-authorization guidance for parolees rescinded
From August 12, 2021, USCIS rescinded its August 19, 2019 policy guidance on discretionary employment authorization for noncitizens paroled into the United States. The rescinded guidance had been issued in response to presidential documents and a national emergency that were revoked or terminated in 2021. The change withdrew that guidance; it did not state that every parolee automatically received work authorization.
Temporary four-year validity allowed for qualifying medical reports
From August 12 through September 30, 2021, USCIS temporarily extended the evidentiary validity of otherwise-valid Forms I-693 from two years to up to four years after the civil surgeon signed. The signature had to be dated no more than 60 days before the applicant filed Form I-485, and the decision on Form I-485 had to be issued on or before September 30, 2021.
DHS further extends asylum interview interpreter rule
DHS extended the temporary asylum interview interpreter rule from September 20, 2021 through March 16, 2022.
COVID-19 vaccination required for immigration medical exams, with waivers
For Forms I-693 signed by a civil surgeon on or after October 1, 2021, applicants subject to the immigration medical examination generally had to complete the COVID-19 vaccination series and provide vaccination documentation before the civil surgeon completed the examination and signed the form. A blanket waiver could apply if vaccination was not age appropriate, was contraindicated, was not routinely available in the state where the civil surgeon practised, or was in limited supply that would cause significant delay.
President sets FY2022 refugee admissions ceiling at 125,000
The FY2022 presidential determination authorized up to 125,000 refugee admissions, substantially increasing the annual refugee ceiling.
T derivative family relationships assessed at favorable adjudication
From October 20, 2021, USCIS applied the Medina Tovar decision nationwide to qualifying family relationships in T nonimmigrant-status applications. For a spousal or stepparent-and-stepchild relationship between a principal T applicant and a qualifying family member, USCIS assessed whether the relationship existed when the principal application was favorably adjudicated, rather than when it was filed. Other T-status eligibility requirements remained applicable.
COVID-19 geographic entry restrictions ended
Proclamation 10294 revoked Proclamations 9984, 9992, 10143 and 10199 from November 8, 2021, ending their entry restrictions based on recent presence in China, Iran, the Schengen Area, the United Kingdom, Ireland, Brazil, South Africa and India. This did not remove other applicable entry requirements.
COVID-19 vaccination condition for nonimmigrant air entry
From November 8, 2021, entry by air into the United States was suspended and limited for noncitizen nonimmigrants who were not fully vaccinated against COVID-19, subject to specified exceptions. The restriction applied to air entry and did not affect visa issuance. Flights departing before the effective time were excepted.
Any qualifying service period may support wartime military naturalization
From November 12, 2021, USCIS no longer required the qualifying military service for naturalization under INA 329 to be the current or most recent period of service. An applicant separated under honorable conditions after a qualifying period could remain eligible under INA 329 even if a different period ended with another type of discharge. Other eligibility requirements continued to apply. This change did not remove the separate INA 328 requirement that an applicant never have been separated except under honorable conditions.
Automatic EAD renewal extension extended to qualifying H-4, E and L spouses
From November 12, 2021, qualifying H-4, E and L dependent spouses received automatic extensions of existing employment authorization and EADs when they properly filed renewal applications before their EADs expired and held unexpired Forms I-94 showing the relevant status. The extension ended at the earliest of the I-94 end date, approval or denial of the renewal, or 180 days after the previous EAD expired. For Form I-9, the evidence was the unexpired I-94, the timely-renewal Form I-797C and the expired EAD in the corresponding A17, A18 or C26 category.
E and L dependent spouses recognized as work-authorized by status
From November 12, 2021, USCIS treated qualifying E and L dependent spouses as employment authorized incident to their valid nonimmigrant status, replacing the prior requirement to obtain authorization through a Form I-765 adjudication. They could still request an Employment Authorization Document. Until Form I-94 was revised to distinguish spouses from dependent children, an I-94 showing only E or L status was insufficient for Form I-9, and spouses still needed an EAD as employment-authorization evidence for employers. The incident-to-status policy excluded dependents of TECRO and TECO employees and spouses of E-2 CNMI investors.
Suspension of Entry for Noncitizens Present in Southern African Countries
Suspension and limitation of entry into the United States as immigrants or nonimmigrants for noncitizens physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding entry or attempted entry, subject to the proclamation’s exceptions.
Medical-report signature timing rule temporarily waived
From December 9, 2021, USCIS temporarily waived the requirement that the civil surgeon sign an otherwise-valid Form I-693 no more than 60 days before the applicant filed the underlying immigration-benefit application. The waiver applied to Forms I-693 associated with applications that had not been adjudicated, regardless of when the application was submitted or the form signed. The announcement specified September 30, 2022 as the waiver end date; the two-year evidentiary validity period remained a separate condition.
Temporary interview waivers for qualifying repeat immigrant-visa applicants
From December 13, 2021, consular officers could waive personal appearance and interview for qualifying repeat immigrant-visa applicants issued a visa on or after August 4, 2019. Applicants had to use the same approved petition, remain eligible, and seek the same classification or an automatic conversion caused by the petitioner’s death or naturalization, with no changed circumstances affecting eligibility. The temporary rule specified a December 13, 2023 end date. The waiver was discretionary, not available to every immigrant-visa applicant.
Southern Africa COVID-19 entry restriction ended
Proclamation 10329 revoked Proclamation 10315 at 12:01 a.m. Eastern Standard Time on December 31, 2021, ending its entry restriction based on presence in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa or Zimbabwe during the preceding 14 days.
Advance USCIS permission removed for qualifying consular I-130 filings
From February 1, 2020, the State Department no longer had to obtain case-specific advance permission from USCIS before accepting and adjudicating qualifying Form I-130 petitions filed abroad. Acceptance remained discretionary and subject to exceptional-circumstance or blanket-authorization criteria, including criteria for certain active-duty military members. This did not make consular filing available for every routine petition.
Routine I-130 processing ends at most USCIS international offices
For petitions filed on or after February 1, 2020, USCIS generally stopped accepting and adjudicating routine Form I-130 petitions at its remaining international offices. Accra and London continued through March 31, 2020 to accept petitions from US citizens residing in the respective country for a spouse, unmarried child under 21, or parent where the citizen petitioner was at least 21. Other filing options remained available, including online filing and qualifying local filings with the State Department.
Suspension of Entry for Aliens Physically Present in China
The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.
Proclamation 9983 expands travel restrictions to six additional countries
The President expanded country-specific entry restrictions to certain nationals of Myanmar, Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania, primarily affecting immigrant visas and diversity visas.
Nationwide Implementation of the Inadmissibility on Public Charge Grounds Final Rule
Implemented new regulatory standards and procedures defining a 'public charge' as a noncitizen who receives one or more specified public benefits for more than 12 months in the aggregate within any 36-month period, requiring Form I-944 (Declaration of Self-Sufficiency) and totality-of-circumstances evaluation criteria for adjustment of status applications. Phase scope: Nationwide implementation for applications postmarked on or after Feb 24, 2020
Implementation of the H-1B Electronic Registration Process
Introduced a mandatory electronic registration process for the H-1B cap. Instead of submitting full paper petitions upfront, employers were required to register online and pay a $10 fee per beneficiary.
Suspension of Entry for Individuals Present in Iran
The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.
Suspension of Entry for Persons Present in the Schengen Area
Suspension and limitation on the entry of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States, subject to specific exceptions.
Suspension of entry for aliens physically present in the United Kingdom or the Republic of Ireland
The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland during the 14-day period preceding their entry or attempted entry into the United States is suspended and limited, subject to specific exceptions.
Somalia TPS designation extended through September 17, 2021
The Department of Homeland Security extends the designation of Somalia for Temporary Protected Status (TPS) for 18 months, from March 18, 2020, through September 17, 2021. The 60-day re-registration period runs from March 11, 2020 through May 11, 2020. Existing EADs previously issued under the TPS designation of Somalia with a March 17, 2020 expiration date and A-12 or C-19 category code are automatically extended for 180 days through September 13, 2020.
CDC Title 42 Public Health Border Suspension Order
Suspended the introduction of certain persons traveling from Canada or Mexico who would otherwise be held in congregate settings at land ports of entry or border patrol stations without proper travel documents.
Citizenship residence exception created for qualifying children living abroad
From March 26, 2020, qualifying lawful-permanent-resident children under 18 could satisfy the US residence condition for automatic citizenship under INA 320 while living abroad in the legal and physical custody of a US-citizen parent. For government-employee families, the citizen parent had to be stationed and residing abroad as a US government employee, or residing abroad in marital union with such an employee. For military families, the child had to accompany the service member abroad under official orders; the citizen parent had to be that member or an authorized accompanying spouse residing in marital union with the member. Other citizenship requirements continued to apply.
Presidential Proclamation 10014 Suspending Entry of Immigrants Risking the Labor Market
Suspended the entry into the United States of foreign nationals applying for immigrant visas outside the country who did not possess a valid immigrant visa or official entry document as of the effective date.
Brazil COVID-19 entry restriction begins on amended date
Entry as immigrants or nonimmigrants was suspended for noncitizens physically present in Brazil during the preceding 14 days, subject to the exemptions specified in section 2 of Proclamation 10041. Before commencement, Proclamation 10042 moved the effective time to 11:59 p.m. EDT on May 26, 2020, with an exception for persons aboard US-bound flights that departed before that time.
Proclamation 10052 suspends entry for H-1B, H-2B, J, and L workers
The entry into the United States of any alien seeking entry pursuant to H-1B, H-2B, J (intern, trainee, teacher, camp counselor, au pair, or summer work travel program), or L visas, and any accompanying or following-to-join aliens, is suspended and limited, subject to certain conditions and exceptions.
DHS Reconsideration and Interim Limitation of Deferred Action for Childhood Arrivals (DACA)
Acting Secretary of Homeland Security Chad Wolf issued a memorandum directing USCIS to reject all initial pending and future DACA requests, limit renewal grants of deferred action and employment authorization to one year instead of two, and deny applications for advance parole absent exceptional circumstances.
Removal of 30-Day Processing Provision for Form I-765 Employment Authorizations for Asylum Applicants
Eliminated the regulatory requirement that USCIS adjudicate initial Form I-765 applications for employment authorization submitted by asylum applicants within 30 days, and removed the requirement that renewal applications be submitted 90 days before expiration.
Temporary Travel Restrictions at Land Ports of Entry (U.S.-Canada and U.S.-Mexico Borders)
Temporarily prohibited non-essential travel (such as tourism and recreation) at land ports of entry and passenger ferry terminals along the U.S.-Mexico and U.S.-Canada borders, limiting entry to designated 'essential travel' categories. Phase scope: Northern and Southern land ports of entry, passenger rail, and passenger ferry terminals
Revisions to Asylum Application, Interview, and Employment Authorization for Applicants
Extended the waiting period for asylum applicants to apply for an initial Employment Authorization Document (EAD) from 150 to 365 days, added criminal and illegal-entry disqualification bars to EAD eligibility, and tied EAD validity directly to asylum adjudications.
DHS temporarily requires government-provided interpreters for many asylum interviews
DHS temporarily amended asylum interview rules so applicants unable to proceed in English would ordinarily use DHS-provided telephonic interpreters instead of bringing their own interpreters.
DHS finalizes USCIS fee schedule and fee-waiver changes
DHS finalized broad USCIS fee-schedule changes, including fee increases, new asylum-related fees, fee waiver restrictions, premium-processing timing changes, and form-specific changes.
Department of Labor Interim Final Rule Strengthening Wage Protections for Immigrant and Nonimmigrant Workers
Restructured and significantly increased prevailing wage percentiles across all four wage tiers for permanent labor certifications (PERM) and Labor Condition Applications (LCAs) supporting H-1B, H-1B1, and E-3 nonimmigrants.
USCIS Policy Manual Update: Lawful Admission Prerequisite for Naturalization
Instructs adjudicators to review whether an applicant was lawfully admitted to LPR status and maintained status without abandonment, and mandates denial of naturalization applications filed on or after the effective date if the applicant is in pending removal proceedings initiated by a warrant of arrest.
Redesigned civics test introduced for new naturalization applications
For naturalization applications filed on or after December 1, 2020, USCIS expanded the general civics question bank from 100 to 128 and the exam from 10 to 20 questions, with 12 correct answers required instead of six. The passing proportion remained 60 percent. Applicants aged at least 65 with at least 20 years as lawful permanent residents retained a 10-question test requiring six correct answers. Officers asked all 20 questions, or all 10 for the special-consideration group, even after a passing score was reached. Earlier applications remained under the previous policy, and statutory educational exceptions continued to apply.
DHS narrows H-1B specialty occupation and third-party placement rules
DHS issued an interim final rule revising H-1B specialty occupation definitions, employer-employee relationship requirements, third-party worksite validity periods, itinerary and contract evidence, and site-visit authority.
Policy Guidance for Implementation of the Migrant Protection Protocols
Implementation of the Migrant Protection Protocols (MPP), requiring certain non-Mexican nationals arriving by land from Mexico to be returned to Mexico pending their removal proceedings.
H-1B cap selection order changes for the FY2020 season
USCIS changed the H-1B cap selection order for the FY2020 season beginning April 1, 2019: first select petitions for the regular cap, including eligible advanced-degree beneficiaries, then select from remaining petitions for the advanced-degree exemption. Electronic registration remained suspended for that cap season.
Mandatory Detention for Aliens Transferred from Expedited Removal Post Credible Fear (Matter of M-S-)
Overruled Matter of X-K- (2005) and established binding nationwide precedent that aliens transferred from expedited removal proceedings to full INA § 240 removal proceedings after establishing a credible fear of persecution or torture are ineligible for release on bond by an immigration judge and must be detained pending removal proceedings unless granted parole by DHS. Phase scope: Nationwide across EOIR immigration courts and DHS enforcement
Asylum Eligibility and Procedural Modifications for Third-Country Transits
Establishes a mandatory bar to asylum eligibility for any alien who enters, attempts to enter, or arrives in the United States across the southern land border on or after July 16, 2019, after transiting through at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence en route to the United States, subject to specific exceptions.
Designating Aliens for Expedited Removal
DHS expands the scope of expedited removal nationwide to include aliens who have not been admitted or paroled and cannot show continuous physical presence in the United States for the two-year period immediately preceding the inadmissibility determination.
Replacement immigrant-visa fee relief specified for qualifying adoptive families
From July 23, 2019, State Department regulations required waiver, or refund on request, of replacement immigrant-visa application fees where the original visa was issued on or after March 27, 2013 to a child adopted, or coming to be adopted, by a U.S. citizen; extraordinary circumstances prevented use of that visa; and the causes were beyond the control of the child and adopting parents. Other visa-replacement requirements continued to apply. This record concerns the regulatory requirements implementing the Adoptive Family Relief Act, which had already authorized relief.
Heightened Particular Social Group Standard for Nuclear Families in Asylum Adjudications (Matter of L-E-A-)
Overruled prior BIA precedent recognizing the respondent's father's immediate family as a particular social group and held that most nuclear families do not qualify as particular social groups for asylum eligibility unless shown to be socially distinct within the society in question. Phase scope: Nationwide across EOIR and USCIS asylum adjudications
Adjudication Standards for USCIS Consent and Parental Reunification in Special Immigrant Juvenile Status (Matter of D-Y-S-C-)
Designated Matter of D-Y-S-C- as an Adopted Decision establishing binding USCIS policy on consent authority in Special Immigrant Juvenile (SIJ) petitions, requiring evidence that court orders were sought to gain relief from parental maltreatment and not primarily for an immigration benefit, and requiring proof of judicial determinations under state law regarding parental reunification viability. Phase scope: Nationwide across all USCIS field offices and service centers
Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019)
The Attorney General issued a binding precedent decision establishing a rebuttable presumption that an alien with two or more convictions for driving under the influence (DUI) during the relevant statutory period lacks good moral character under INA § 101(f), presumptively barring eligibility for cancellation of removal under INA § 240A(b).
Matter of Thomas and Thompson Attorney General Precedent on Sentence Modifications
Overrules Matter of Cota-Vargas, Matter of Song, and Matter of Estrada to establish that state-court orders altering, modifying, or clarifying a criminal sentence are given effect for immigration purposes only if based on a procedural or substantive defect in the underlying criminal proceeding, and not if based on reasons unrelated to the merits, such as rehabilitation or avoiding immigration consequences. Phase scope: Nationwide across all immigration courts, the Board of Immigration Appeals, and DHS adjudications
Presidential Determination on Refugee Admissions for Fiscal Year 2020
Established the annual refugee admissions ceiling for Fiscal Year 2020 at 18,000, setting specific allocation categories prioritizing religious persecution, certain Iraqi nationals, nationals of El Salvador, Guatemala, or Honduras, and other specific groups. Phase scope: Operative for FY 2020
Asylum cooperative-agreement screening and transfer procedures created
DOJ and DHS published an interim final rule establishing threshold screening procedures in expedited removal and section 240 proceedings to implement bilateral and multilateral Asylum Cooperative Agreements (ACAs), barring individuals subject to an in-force ACA from applying for asylum in the United States and providing for their transfer to an ACA signatory country.
Requirement to Articulate Particular Social Groups Before the Immigration Judge (Matter of W-Y-C- & H-O-B-)
The Board of Immigration Appeals established binding precedent holding that an applicant seeking asylum or withholding of removal based on membership in a particular social group must clearly indicate on the record before the Immigration Judge the exact delineation of any proposed group, and the BIA generally will not address newly articulated social groups raised for the first time on appeal. Phase scope: Nationwide across all EOIR immigration courts and Board of Immigration Appeals adjudications
Vacatur of Requirement for Full Evidentiary Hearings in Asylum Claims (Matter of E-F-H-L-)
The Attorney General referred to himself and vacated the 2014 Board of Immigration Appeals precedent in Matter of E-F-H-L-, eliminating the binding requirement that asylum and withholding of removal applicants are ordinarily entitled to a full evidentiary hearing on the merits before an Immigration Judge without needing to establish a prima facie case on the written application alone. Phase scope: Nationwide across all EOIR Immigration Courts and the Board of Immigration Appeals
Zero-Tolerance Policy for Southwest Border Offenses Under 8 U.S.C. § 1325(a)
Directs United States Attorney's Offices along the Southwest border to adopt a zero-tolerance prosecution policy for all offenses referred under 8 U.S.C. § 1325(a) for improper entry, superseding previous prosecutorial discretion guidelines. Phase scope: Immediate adoption across all Southwest border judicial districts
Tenant-occupancy methodology withdrawn for EB-5 job forecasts
From May 15, 2018, USCIS no longer accepted tenant-occupancy methodology as a reasonable basis for EB-5 regional-center job-creation forecasts. Petitions directly related to projects included in pending or approved applications or petitions at the time of the change remained subject to prior guidance. Deference to previously approved projects remained subject to exceptions for material change, fraud or misrepresentation, or legal deficiency in the prior determination.
Matter of Castro-Tum: Restriction on General Administrative Closure Authority
Overrules Matter of Avetisyan (2012) and Matter of W-Y-U- (2017), holding that immigration judges and the Board of Immigration Appeals lack general authority to suspend immigration proceedings indefinitely through administrative closure, limiting closure strictly to cases where an existing regulation or judicially approved settlement explicitly authorizes it. Phase scope: Applies nationally to all EOIR immigration court and BIA proceedings.
Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), Interim Decision #3929
The Attorney General issued a binding administrative precedent decision overruling Matter of A-R-C-G- and establishing stricter legal standards for asylum claims based on membership in a particular social group involving persecution by non-governmental actors, requiring applicants to demonstrate that the home government condoned the private actions or demonstrated a complete inability to protect victims.
Standards for Continuances to Pursue Collateral Relief in Removal Proceedings (Matter of L-A-B-R-)
The Attorney General issued a binding precedent decision establishing a multifactor legal standard governing motions for continuances under 8 C.F.R. § 1003.29. The decision limits immigration judges' discretion when a respondent requests a continuance to pursue collateral relief outside immigration court, requiring the adjudicator to focus primarily on the likelihood that the collateral relief will be granted and will materially affect the outcome of the removal proceedings. Phase scope: Nationwide EOIR immigration courts and Board of Immigration Appeals proceedings
Outright Denials Without Request for Evidence (RFE) or Notice of Intent to Deny (NOID) (PM-602-0163)
USCIS rescinded the 2013 'no possibility of establishing eligibility' constraint, restoring full statutory discretion to adjudicators to deny applications, petitions, and requests for agency action without first issuing an RFE or NOID when required initial evidence is not submitted or the evidence of record fails to establish eligibility. Phase scope: Applies nationally to all affirmative benefit applications, petitions, and requests received on or after September 11, 2018 (excluding DACA adjudications)
Limitation on Immigration Judges' Inherent Authority to Terminate or Dismiss Removal Proceedings (Matter of S-O-G- & F-D-B-)
The Attorney General issued a binding precedent decision holding that immigration judges have no inherent authority to terminate or dismiss removal proceedings outside the specific grounds expressly identified in governing regulations (8 C.F.R. § 1239.2(c), (f)) or when DHS fails to sustain charges of removability (8 C.F.R. § 1240.12(c)). Phase scope: Nationwide EOIR immigration court proceedings
Expanded Issuance of Notices to Appear (NTAs) for Denied Status-Impacting Applications
USCIS operationalized guidance authorizing and expanding the issuance of Form I-862 (Notice to Appear) to place individuals in removal proceedings upon the denial of status-impacting applications and petitions where the applicant is not in an authorized period of stay. Phase scope: Phase 1 effective October 1, 2018 covering Form I-485 and Form I-539 denials, followed by humanitarian forms on November 19, 2018
Presidential Determination on Refugee Admissions for Fiscal Year 2019
Establishes a maximum worldwide refugee admissions ceiling of up to 30,000 for Fiscal Year 2019 and sets specific regional admission allocations across Africa, East Asia, Europe and Central Asia, Latin America/Caribbean, and Near East/South Asia. Phase scope: Entire nationwide overseas refugee resettlement intake for FY 2019.
Medical-report validity recalculated from the civil surgeon signature
From November 1, 2018, USCIS revised Form I-693 validity rules: the civil surgeon must sign no more than 60 days before the underlying benefit application is filed, and USCIS must adjudicate within two years of the signature. Some forms submitted before November 1 remained subject to the previous validity policy. Officers retained discretion to request updated medical evidence if they had reason to believe medical inadmissibility might exist.
Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers
The final rule provides benefits to participants in certain employment-based immigrant and nonimmigrant visa programs, including improved ability for U.S. employers to hire and retain high-skilled workers and increasing the ability of those workers to seek promotions, change employers, or pursue other employment options.; The final rule amends regulations related to employment-based visa programs to provide greater stability and job flexibility, including provisions for job portability and employment authorization.
Executive Order 13767: Border Security and Immigration Enforcement Improvements
Directs executive departments and agencies to deploy all lawful means to secure the southern border, initiate construction of a contiguous physical border wall, assign asylum officers to detention centers at/near the border, end "catch and release" practices, expand expedited removal, and expand State and local law enforcement partnerships under INA § 287(g).
Executive Order 13768: Enhancing Public Safety in the Interior of the United States
Broadens interior enforcement priorities to subject all undocumented or removable noncitizens to potential removal enforcement, restricts federal funding eligibility for jurisdictions refusing to comply with 8 U.S.C. 1373 ("sanctuary jurisdictions"), directs the establishment of the Victims of Immigration Crime Engagement (VOICE) office, and revokes prior enforcement priority memoranda.
Executive Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the United States)
Suspends for 90 days the entry of certain foreign nationals from seven specified countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen).; Executive Order 13769 suspended the entry of nationals from seven specified countries for 90 days and suspended the US Refugee Admissions Program for 120 days.
Yemen TPS beneficiaries continuously residing in the U.S.
Yemen TPS beneficiaries continuously residing in the U.S. since January 4, 2017.
Rescission of Guidance Memo on H-1B Computer Related Positions (PM-602-0142)
USCIS issued Policy Memorandum PM-602-0142 rescinding the December 22, 2000 policy guidance, removing the presumption that entry-level computer programmer positions qualify as H-1B specialty occupations without specific evidence establishing complex, specialized requirements. Phase scope: Nationwide for pending and new H-1B petitions involving computer-related occupations
Citizenship transmission requires longer US presence for unwed mothers
For children born abroad out of wedlock on or after June 12, 2017 to a US-citizen mother and a foreign-national father, the mother must have been physically present in the United States for at least five years, including at least two after age 14, to transmit citizenship at birth. Following Sessions v. Morales-Santana, this replaced the one-continuous-year requirement, which remained applicable to children born before June 12, 2017.
Rescission of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”
The Department of Homeland Security rescinded the 2012 DACA policy and initiated a wind-down process, stopping the acceptance of new initial DACA applications and restricting DACA renewals.
Presidential Determination on Refugee Admissions for Fiscal Year 2018
Established the statutory ceiling on refugee admissions to the United States at up to 45,000 for Fiscal Year 2018 and set regional quota allocations across Africa, East Asia, Europe and Central Asia, Latin America/Caribbean, and Near East/South Asia. Phase scope: Applies to worldwide refugee admissions processed during FY 2018 (October 1, 2017 – September 30, 2018).
Matter of G- Inc., Adopted Decision 2017-05
Adopted an Administrative Appeals Office (AAO) decision as binding nationwide policy guidance establishing a five-prong test to establish eligibility for L-1A and EB-1 classification as a function manager. Phase scope: Binding nationwide on all USCIS officers adjudicating Form I-129 and Form I-140 petitions.
Implementation of visa-waiver restrictions for specified nationality and travel histories
On January 21, 2016, the United States began implementing the 2015 Act’s Visa Waiver Program restrictions for nationals of VWP countries who were also nationals of Iran, Iraq, Sudan or Syria, or who had travelled to or been present in those four countries on or after March 1, 2011. The travel-history restriction had limited diplomatic and military exceptions, and the law permitted case-by-case law-enforcement or national-security waivers. CBP began revoking existing ESTAs for travellers who had disclosed dual nationality with those countries. Affected travellers could still seek a nonimmigrant visa.
Three diseases removed from health-related inadmissibility grounds
Effective March 28, 2016, chancroid, granuloma inguinale and lymphogranuloma venereum were removed from the list of communicable diseases of public health significance that could make an applicant inadmissible on health-related grounds. USCIS incorporated this change into its guidance on November 2, 2016, reflecting the earlier effective date of the HHS regulation.
Electronic passports required for Visa Waiver Program travel
From April 1, 2016, nationals of Visa Waiver Program countries were required to possess an electronic passport to travel under the programme. A traveller without an electronic passport needed a valid nonimmigrant visa instead.
Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students
Amends F-1 nonimmigrant student visa regulations to allow STEM students on OPT to extend their work authorization period by 24 months, replacing the previous 17-month extension, and adds requirements for formal training plans.
BIA Precedent Matter of M-H-Z- (No Duress Exception to Material Support Bar)
Establishes binding nationwide precedent that the INA section 212(a)(3)(B)(iv)(VI) material support bar to asylum and withholding of removal contains no implied exception for support provided under duress or coercion. Phase scope: Immediate nationwide application across EOIR and DHS adjudications.
Extension of TPS and Employment Authorization for Honduras and Nicaragua
Extends the Temporary Protected Status designation and associated Employment Authorization Documents for beneficiaries from Honduras and Nicaragua for 18 months, from July 6, 2016, through January 5, 2018. Phase scope: Effective July 6, 2016 through January 5, 2018; automatic EAD extension through January 5, 2017.
Expansion of Provisional Unlawful Presence Waivers of Inadmissibility
The final rule expands eligibility for provisional unlawful presence waivers to all individuals statutorily eligible for an unlawful presence waiver who are seeking an immigrant visa, including relatives of lawful permanent residents.
Extension of the Designation of El Salvador for Temporary Protected Status
The Department of Homeland Security extended the Temporary Protected Status (TPS) designation for El Salvador for 18 months, from September 10, 2016 through March 9, 2018, and automatically extended the validity of related Employment Authorization Documents (EADs) for six months through March 9, 2017. Phase scope: Operative September 10, 2016 through March 9, 2018; automatic EAD validity extended through March 9, 2017.
Automatic 6-month extension of DED-related EADs for eligible Liberians
DHS automatically extends the validity of DED-related EADs for 6 months, through March 31, 2017, for eligible Liberians covered under Deferred Enforced Departure.
Syria Temporary Protected Status Redesignation
DHS redesignated Syria for Temporary Protected Status (TPS), expanding TPS eligibility and work authorization to Syrian nationals and habitual residents continuously residing in the United States since August 1, 2016.
BIA Binding Precedent on Frivolous Asylum Adjudication and Untimely Applications (Matter of M-S-B-)
Reaffirms that an untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act when it contains a deliberate material misrepresentation regarding the date of entry.
Five countries added to H-2A and H-2B eligible country list
DHS added Czech Republic, Denmark, Madagascar, Portugal, and Sweden to the list of countries whose nationals are eligible to participate in the H-2A and H-2B temporary worker visa programs.
Syria TPS redesignation expands eligibility
DHS redesignates Syria for TPS for the period 2015-04-01 through 2016-09-30, allowing additional eligible Syrian nationals, and persons without nationality who last habitually resided in Syria, to obtain TPS. Applicants must have continuously resided in the United States since 2015-01-05, have been continuously physically present since 2015-04-01, and meet the other TPS eligibility and application requirements.
Temporary Non-Agricultural Employment of H-2B Aliens in the United States
DHS and DOL issued an interim final rule to establish the process for employers to obtain a temporary labor certification to employ nonimmigrant workers in H-2B status, including new recruitment requirements and worker protections.
Employment Authorization for Certain H-4 Dependent Spouses
DHS extended eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status.
Nepal designated for Temporary Protected Status
DHS designated Nepal for Temporary Protected Status (TPS) for an initial period of 18 months, granting protection from removal and eligibility for employment authorization to qualifying Nepalese nationals.
Mandatory H-1B Amended Petition Requirement for Geographic Worksite Relocations (Matter of Simeio Solutions, LLC)
USCIS issued binding guidance in Policy Memorandum PM-602-0120 implementing the AAO precedent decision Matter of Simeio Solutions, LLC, requiring H-1B petitioners to file an amended or new Form I-129 petition with a certified Labor Condition Application (LCA) before placing an H-1B employee at a new place of employment not covered by an existing, approved petition. Phase scope: Nationwide; applied to all H-1B employers and beneficiaries changing geographical worksite locations.
BIA Precedent on Subsequent Asylum Filings and REAL ID Act Applicability (Matter of M-A-F-)
The Board of Immigration Appeals held in a binding precedent that when an asylum applicant who filed before the May 11, 2005 effective date of the REAL ID Act submits a subsequent application on or after that date presenting a new basis for relief or substantially different factual basis, the later filing date controls for determining the applicability of section 208(b)(1)(B)(iii) credibility standards and the 1-year statutory filing deadline under section 208(a)(2)(B). Phase scope: Nationwide across all EOIR Immigration Courts and the Board of Immigration Appeals.
USCIS Binding Adjudication Guidance on L-1B Specialized Knowledge Classification
Standardized the administrative adjudication framework across all USCIS service centers for L-1B intracompany transferee petitions, defining evidentiary standards for specialized knowledge under a preponderance of the evidence standard. Phase scope: Nationwide across all USCIS Service Centers; applies to all L-1B petitions pending or filed on or after August 31, 2015.
Implementation of Dual-Chart Immigrant Visa Filing System ('Dates for Filing' vs. 'Final Action Dates')
In coordination with the Department of State (DOS), USCIS overhauled the monthly Visa Bulletin and adjustment of status filing procedures by establishing a two-chart system: 'Application Final Action Dates' and 'Dates for Filing Applications'. This allows eligible family-sponsored and employment-based preference applicants to file Form I-485 for adjustment of status, along with associated employment authorization and advance parole applications, earlier than the date their immigrant visa becomes available for final issuance. Phase scope: Nationwide implementation across all DOS consular posts and USCIS adjustment of status adjudications.
Administrative Processing of Request for Certificate of Loss of Nationality Fee Expansion
The rule renames the “Administrative Processing of Formal Renunciation of U.S. Citizenship” fee, as the “Administrative Processing of Request for Certificate of Loss of Nationality” fee, applying the fee to any request for a Certificate of Loss of Nationality whether the individual has relinquished nationality by taking an oath of renunciation or by voluntarily and intentionally performing another potentially expatriating act specified by statute.
State and DHS jointly decide armed-forces visa and passport waivers
For proposed entry of foreign armed-forces or coast-guard members under arrangements coordinated by U.S. military authorities, the Department of State and Department of Homeland Security jointly decide whether to waive visa or passport requirements.
Medical examination reports limited to one year from submission
From June 1, 2014, USCIS limited the validity of Form I-693 medical examination reports to one year from submission to USCIS and discontinued the policy of annual validity extensions. The revised policy applied to benefit applications adjudicated on or after June 1, 2014.
The Department of State amends the immigrant visa classification table to add the IB5 symbol for an immigrant visa issued to a parent of a U.S.
The Department of State amends the immigrant visa classification table to add the IB5 symbol for an immigrant visa issued to a parent of a U.S. citizen who meets the criteria established under the Violence Against Women and Department of Justice Reauthorization Act of 2005.
An additional 1,000 Afghan Special Immigrant Visas authorized
Authorized an additional 1,000 principal aliens to be granted Afghan Special Immigrant Visa status between the date of enactment and December 31, 2014.
Designation of Guinea for Temporary Protected Status
DHS designated Guinea for Temporary Protected Status (TPS) for 18 months, allowing eligible nationals to remain temporarily in the United States, prevent removal, and apply for Employment Authorization Documents (EADs).
Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives
DHS established a provisional unlawful presence waiver process allowing certain immediate relatives of U.S. citizens to request waivers of inadmissibility for unlawful presence prior to departing the United States for consular processing.
South Sudan TPS redesignation expands eligibility
DHS redesignates South Sudan for TPS for the period 2013-05-03 through 2014-11-02, allowing additional eligible South Sudanese nationals, and persons without nationality who last habitually resided in South Sudan, to obtain TPS. Applicants must have continuously resided in the United States since 2013-01-09, have been continuously physically present since 2013-05-03, and meet the other TPS eligibility and application requirements.
Comprehensive EB-5 Immigrant Investor Program Adjudications Guidance
Established comprehensive binding adjudication instructions and standards across USCIS for Form I-526, Form I-829, and Form I-924. It operatively formalized the deference policy requiring adjudicators to defer to prior favorable determinations on regional center business plans and economic methodologies absent material changes, fraud, or legal deficiencies, and clarified standards for bridge financing and job creation timelines. Phase scope: Nationwide for all pending and new EB-5 regional center applications, investor immigrant petitions, and condition removal filings.
Extension of Immigration and Naturalization Benefits to Same-Sex Spouses
Following the Supreme Court decision in United States v. Windsor declaring Section 3 of DOMA unconstitutional, USCIS and DHS directed adjudicators to apply the place-of-celebration rule to treat same-sex married couples identically to opposite-sex married couples across all family-based immigrant petitions, adjustment of status, naturalization, and derivative classifications. Phase scope: Nationwide implementation for all family-based petitions, employment-based derivative applications, naturalization, and adjustment of status requests involving legally married same-sex couples.
United States expands Syria TPS eligibility through redesignation
DHS redesignated Syria for Temporary Protected Status for October 1, 2013 through March 31, 2015, opening eligibility to additional Syrian nationals and stateless persons who last habitually resided in Syria. Applicants had to have continuously resided in the United States since June 17, 2013 and been continuously physically present since October 1, 2013, and meet the other TPS eligibility requirements. The initial registration window was June 17–December 16, 2013. Initial applications still pending from the original designation were treated under redesignation without a new Form I-821. USCIS could issue appropriate EADs during registration, but could not finally determine continuous physical presence before October 1; eligible applicants could receive EADs through March 31, 2015. Fee waivers remained available. If a fee waiver requested with a timely initial application was denied with fewer than 45 days remaining before the deadline or after it passed, the application could be refiled within 45 days of the denial notice. This record counts the expanded eligibility under redesignation. The same notice’s extension for existing beneficiaries is retained as renewal context, not an additional counted change; existing EADs were not automatically extended.
BIA Precedent on Unlawful Presence and Advance Parole (Matter of Arrabally and Yerrabelly)
Established nationwide binding precedent holding that noncitizens who temporarily leave the United States under a grant of advance parole do not make a 'departure' under INA section 212(a)(9)(B)(i)(II), preventing the triggering of the 10-year unlawful presence bar for adjustment of status. Phase scope: Nationwide applicability to all immigration courts and DHS adjudications involving noncitizens departing under advance parole.
Somalia redesignated for TPS, allowing individuals residing in the U.S.
Somalia redesignated for TPS, allowing individuals residing in the U.S. since May 1, 2012, to obtain TPS.
Taiwan added to the Visa Waiver Program
Adds Taiwan to the list of designated Visa Waiver Program countries in 8 CFR Part 217, allowing eligible travelers to apply for admission without a nonimmigrant visa for business or pleasure for up to 90 days.
Age-Out Protection for Derivative U Nonimmigrant Status
Established binding USCIS policy authorizing the approval of U-3 derivative nonimmigrant petitions for the full eligibility period of four years, allowing derivatives to retain status past their 21st birthday. Phase scope: Nationwide binding policy across all USCIS adjudications for U visa derivative petitions.
Broadening Consular Authority for Provisional and Discretionary Visa Revocation
Amends 22 CFR Parts 41 and 42 to expand the authority of consular officers and designated State Department officials to revoke nonimmigrant and immigrant visas at any time in their discretion, and establishes authority for provisional revocation of a visa while considering final revocation. Phase scope: Immediate worldwide implementation at all consular posts and entry points effective April 27, 2011.
Removal of Designated Countries from National Security Entry-Exit Registration System (NSEERS)
The Department of Homeland Security is removing all currently designated countries from the listing of countries whose nationals and citizens are required to comply with NSEERS registration requirements.
Automatic extension of validity of EADs for six months, through January 22, 2012
Automatic extension of validity of EADs for six months, through January 22, 2012
Haiti TPS redesignation expands eligibility
DHS redesignates Haiti for TPS for the period 2011-07-23 through 2013-01-22, allowing additional eligible Haitian nationals, and persons without nationality who last habitually resided in Haiti, to obtain TPS. Applicants must have continuously resided in the United States since 2011-01-12, have been continuously physically present since 2011-07-23, and meet the other TPS eligibility and application requirements.
Centralized Lockbox Filing for Overseas Stand-Alone Form I-130 Petitions
Required petitioners residing in countries without USCIS international offices to file Form I-130 with the USCIS lockbox in Chicago rather than with local U.S. Embassies or consulates. Phase scope: Applies to all standalone Form I-130 petitions filed by overseas petitioners.
Commonwealth of the Northern Mariana Islands Transitional Worker Classification
Implementation of a new visa program and transitional worker classification (CW-1) for foreign workers in the Commonwealth of the Northern Mariana Islands.
HIV-based inadmissibility and required immigration HIV testing removed
From January 4, 2010, HHS and CDC removed HIV infection from the definition of a communicable disease of public health significance in 42 CFR part 34. Noncitizens were no longer inadmissible to the United States solely because they had HIV, and HIV testing was no longer required as part of the immigration medical examination. This did not remove the remaining immigration medical-examination requirements.
USCIS Guidance on Determining Employer-Employee Relationship in H-1B Petitions
USCIS issued updated guidance to adjudication officers clarifying what constitutes a valid employer-employee relationship to qualify for the H-1B specialty occupation classification, specifically targeting independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. Phase scope: Nationwide for all Form I-129 H-1B specialty occupation petitions filed with USCIS.
Designation of Haiti for Temporary Protected Status
Designated Haiti for Temporary Protected Status (TPS) for 18 months, providing protection from deportation/removal and employment authorization to eligible Haitian nationals continuously residing in the US since January 12, 2010.
Temporary Agricultural Employment of H-2A Aliens in the United States
The Department of Labor revised regulations governing the certification and employment of H-2A nonimmigrant temporary/seasonal agricultural workers, reintroducing stricter labor certification requirements, higher employer wage and recruitment obligations, and enhanced enforcement under 29 CFR part 501.
Deferred Enforced Departure and Employment Authorization Extension for Liberians
Extends Deferred Enforced Departure (DED) for eligible Liberian nationals and habitual residents present in the United States for an additional 18 months from March 31, 2010, and authorizes employment for eligible individuals. Phase scope: Nationwide for eligible Liberians under existing grant of DED as of March 31, 2010
incorporates the exemption for facilities in Guam, the CNMI, and the Virgin Islands from certain cost reporting criteria necessary for H-1C eligibility under sec.
incorporates the exemption for facilities in Guam, the CNMI, and the Virgin Islands from certain cost reporting criteria necessary for H-1C eligibility under sec. 212(m)(6)(B) of the INA
Extension of the Designation of Nicaragua for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation
Extends the designation of Nicaragua for Temporary Protected Status (TPS) for 18 months through January 5, 2012, and automatically extends the validity of existing TPS-related Employment Authorization Documents (EADs) for eligible Nicaraguan beneficiaries for six months through January 5, 2011. Phase scope: Nationwide for eligible Nicaraguan nationals (and individuals without nationality who last habitually resided in Nicaragua) with existing TPS.
Border Security Supplemental H-1B Nonimmigrant Fee Surcharge
Increased the filing fee and fraud prevention and detection fee by $2,000 for H-1B nonimmigrant admission applications submitted by employers with 50 or more employees in the United States if more than 50 percent of their employees are H-1B or L nonimmigrants.
Border Security Supplemental L-1 Nonimmigrant Fee Surcharge
Increased the filing fee and fraud prevention and detection fee by $2,250 for L-1 nonimmigrant admission applications submitted by employers with 50 or more employees in the United States if more than 50 percent of their employees are H-1B or L nonimmigrants.
Humanitarian parole applications made eligible for hardship fee waivers
From November 23, 2010, applicants filing Form I-131 to request humanitarian parole could request waiver of the application fee upon showing inability to pay. The 2010 USCIS final fee rule added these requests to the fee-waiver eligibility list; it did not grant every applicant an automatic fee exemption.
Military members and veterans exempted from citizenship certificate application fees
From November 23, 2010, the USCIS fee schedule exempted members and veterans of any branch of the United States Armed Forces from the application fee for Form N-600, requesting a certificate of citizenship.
Refugee travel-document application fees reduced under the 2010 USCIS fee schedule
Effective November 23, 2010, the USCIS fee schedule reduced the Form I-131 refugee travel-document application fee to $135 for applicants aged 16 or older and $105 for children under 16. The $85 biometric-services fee remained separate where applicable. A November 16 correction fixed the final rule’s incorrectly printed $165 adult amount before the rule took effect. The original rule and correction establish one operative refugee travel-document fee change; the correction is not counted as a second fee change.
International Adoption Simplification Act of 2010
Exempts children adopted abroad under Hague Convention processes from certain vaccination requirements and extends immediate relative status exceptions to siblings under age 18 adopted by the same parents.