POLICY & ANALYSIS

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Application guides, policy context and the details behind immigration decisions.

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Fees, forms & filing

USCIS Expands myProgress to All I-485 Adjustment of Status Applications

On November 21, 2023, U.S. Citizenship and Immigration Services announced that its myProgress service now covers I-821 Temporary Protected Status applications and all I-485 adjustment of status applications; previously, only I-485 applications for family-based immigration and Afghan special immigrants could use the service. After signing in to their online accounts, applicants can view estimated processing times based on case type and historical data, and track milestones such as receipt, processing progress, and a final decision. However, the estimate does not guarantee a specific timeframe; applicants still need to check the public processing times webpage to confirm whether they can submit a service request for a case that has exceeded normal processing times.

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General policy

USCIS to Eliminate Biometric Fee for Form I-539 Extensions and Changes of Status Starting October 1

U.S. Citizenship and Immigration Services announced that, effective October 1 (for mailed applications, based on the postmark date), all Form I-539 applications are exempt from the biometrics fee. The article explains that applications submitted before October 1 still require the fee and biometrics; that for applications submitted after October 1 with the fee mistakenly included, the handling differs depending on whether payment is made separately or combined; and that the policy is expected to cover extension and change of status applications such as H-4, L-2, E, and B1/B2.

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Citizenship & naturalization

Naturalization Statistics for Fiscal Year 2022

USCIS released naturalization statistics for fiscal year 2022: 968,000 people became U.S. citizens, a 20% increase from the previous fiscal year and the highest since FY2008. The article lists top source countries, states of residence, immigration categories, median age, median years from green card to naturalization, and civics test pass rates.

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Work authorization & students

U.S. Government Adds 8 STEM Fields, Making More F-1 Students Eligible for 24-Month STEM OPT Extension

On July 12, 2023, the Department of Homeland Security announced in the Federal Register that eight fields had been added to the STEM program list, covering composite materials technology, population studies, developmental psychology, geospatial intelligence, institutional research, landscape architecture, language and computer science, and mechatronics, among others. Whether F-1 students can obtain a 24-month STEM OPT extension after completing OPT depends on this list. The STEM OPT rule took effect in 2016; in January 2022, 22 fields had been added to the list, and this is the second major update.

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Work authorization & students

USCIS Expands myProgress Processing-Time Estimates to EAD and Advance Parole Applications

On July 12, 2023, USCIS announced that its myProgress personalized processing time estimates have been expanded to cover I-765 work permit applications and I-131 travel document applications. Eligible online account holders can view estimated wait times as well as three milestones: receipt confirmation, biometrics collection, and case decision. These dates are estimates only, and actual processing times may change; those submitting case inquiries about processing delays beyond the normal time should still consult the public case processing times webpage.

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General policy

USCIS Updates Policy Manual to Allow Self-Identified Gender and Plans to Add 'X' Option

On April 5, 2023, USCIS announced updates to its Policy Manual allowing applicants for immigration benefits to self-identify their gender without requiring consistency with supporting documents such as passports or birth certificates. Except for Form N-565, no gender proof is needed to change gender; N-565 still requires a court order, government-issued ID, or doctor's letter. Currently, forms only offer male and female options; DHS is preparing to add an 'X' gender option, and USCIS will update forms and the Policy Manual accordingly.

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Fees, forms & filing

As Pandemic Winds Down, USCIS Ends Extra 60 Days for Responding to RFEs and Other Notices

U.S. Citizenship and Immigration Services announced on March 23, 2023, that it will end the pandemic-era practice of granting an extra 60 days to respond to certain notices. The article lists eight affected notice types, explains the prior flexibility allowing responses up to 60 days after the stated deadline, and notes the Biden administration's plan to end the COVID-19 emergency in May.

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Work authorization & students

State Department Plans to Resume H-1B and L-1 Visa Renewal in the United States This Year

Bloomberg reports that the State Department plans to resume visa renewal services in the United States for H-1B and L-1 holders later this year, with possible expansion to other categories. The service ended in 2004; since then, such individuals traveling abroad have had to reapply at consulates, and during the pandemic some consulates were closed, making timely return difficult.

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Green cards & adjustment

USCIS Releases New 2023 Green Card and Employment Authorization Document with Enhanced Security Features

On January 30, 2023, USCIS unveiled new designs for the Green Card and Employment Authorization Document. The color scheme remains the same, but the Statue of Liberty and bald eagle images, holographic security features, and field placements have changed; fingerprints no longer appear on the front, and enhanced optically variable ink is among the new security technologies. Existing Green Cards remain valid, and USCIS said it will continue issuing the old designs for a period until stock is used up.

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Work authorization & students

USCIS Announces FY2024 H-1B Lottery Registration Period: March 1 to March 17

On January 27, 2023, USCIS announced that registration for the FY2024 H-1B lottery will open at 12:00 noon Eastern Time on March 1, 2023, and close at 12:00 noon on March 17, 2023, with a $10 fee per registration. In light of the expected large volume of registrations, the Treasury Department raised the daily credit card collection limit from $24,999 to $39,999; at that cap, up to 4,000 H-1B registrations paid by credit card could theoretically be accepted per day.

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Work authorization & students

After Class Action Settlement, USCIS to Process L-1 and H-1B Dependent Extension and Work Permit Applications Together

This article reports on the settlement in Edakunni v. Mayorkas: starting January 25, 2023, if H-4 and L-2 dependents file correctly and concurrently with the principal applicant, USCIS will process the principal and dependent applications together, whether under regular or premium processing; applications not correctly filed are excluded.

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Green cards & adjustment

USCIS Extends Automatic Green Card Validity to 48 Months for Pending Removal-of-Conditions Applications

USCIS announced on January 23, 2023 that conditional green card holders who timely file to remove conditions will receive a 48-month automatic extension, up from 24 months. The change takes effect January 11, 2023 for Form I-751 marriage-based cases and January 25, 2023 for Form I-829 investor cases; USCIS cited heavy backlogs and long processing times.

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