POLICY & ANALYSIS

Policy updates

Follow U.S. immigration policy, filing changes and official announcements.

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Fees, forms & filing

Implementation of the Immigration Parole Fee

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the implementation of the new immigration parole fee, as established in the One Big Beautiful Bill Act (H.R.-1).

Policy update
General policy

Photograph Reuse for Identity Documents

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address a change in the agency’s photograph reuse policy.

Policy update
Fees, forms & filing

Biometrics Collection for Aliens in Custody

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify USCIS policy on obtaining biometrics for detained aliens in custody with pending benefit requests with USCIS. Court Stayed USCIS Biometrics Policy for Detained Aliens J.Z. et al. v. United States Department of Homeland Security, et al., 26-cv-01510-AHA (D.D.C.) On October 7, 2026, the U.S. District Court for the District of Columbia stayed the biometrics policy for detained aliens (J.Z. et al. v. DHS, et al.). Under 5 U.S.C. § 705, this court-ordered stay temporarily halts the policy and its implementation while the lawsuit is pending. This also immediately restores the previous practice where DHS collected biometrics for detained individuals in DHS custody with pending USCIS applications. USCIS strongly disagrees with the Court’s order but will comply with its terms pending possible further judicial review. This order is effective immediately and applies agency-wide, pursuant to the court-ordered stay. Accordingly, the following are stayed: 1) the USCIS web alert “USCIS Updates Policy on Biometrics for Detainees” issued on December 5, 2025; 2) the USCIS policy alert “Biometrics Collection for Aliens in Custody” PA-2025-28; and 3) the December 5, 2025 updates to the USCIS Policy Manual, Volume 1, Part C, Chapter 2, B “Persons in Custody.” They should be treated as if they are not in effect. USCIS will issue updated instructions pending further litigation developments.

Policy update
Work authorization & students

Updating Certain Employment Authorization Document Validity Periods

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update the maximum validity periods for Employment Authorization Documents (EADs, Form I-766) for certain EAD categories. This guidance becomes effective December 5, 2025.

Policy update
Employment & work visas

December 2, 2025. Office of Foreign Labor Certification Announces Delay in Publication of 2026 H-2A Monthly Adverse Effect Wage Rate (AEWR) for Herding or Production of Livestock on the Range

Due to the recent lapse in appropriations, the Employment and Training Administration (ETA) is delaying publication of the Federal Register Notice (FRN) announcing the new monthly Adverse Effect Wage Rate (AEWR) for herding or production of livestock on the range under the H-2A program. The monthly AEWR is based on the Employment Cost Index (ECI) produced by the Department of Labor’s Bureau of Labor Statistics (BLS), which has not yet been published due to the funding lapse. Once the BLS releases the ECI, ETA will move promptly, consistent with Departmental procedures, to publish the FRN.

Official announcement
General policy

Impact of INA 212(f) on USCIS’ Adjudication of Discretionary Benefits

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual addressing the President’s recent exercise of his authority under section 212(f) of the Immigration and Nationality Act (INA) through Presidential Proclamation 10949, “Restricting the Entry of Foreign Nationals To Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats” (PP 10949) and its impact on USCIS adjudications. On June 5, 2026, the U.S. District Court for the District of Rhode Island issued an order in Dorcas International Institute of Rhode Island, et al. v. United States Citizenship and Immigration Services, et al. , 26-cv-00132-JJM-PAS (D.RI.), vacating PM 602-0192, PM 602-0194, and PA 2025-26. The Court entered its final judgment on June 11, 2026. In this case, the plaintiffs are non-governmental organizations and labor unions who represent millions of individuals who filed immigration applications. USCIS strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review. The Policy Memoranda and the Policy Alert were issued based on Presidential Proclamation 10949, Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats , June 4, 2025, and Presidential Proclamation (PP) 10998, Restricting and Limiting the Entry of Foreign Nationals To Protect the Security of the United States , December 16, 2025, and to address the lack of screening, vetting, and the threat to national security and public safety. With entry of final judgment this order is effective immediately, and pursuant to the court-ordered vacatur, applies agency-wide. Thus, the vacatur applies to PM 602-0192, PM 602-0194, and PA 2025-26, which should be treated as if they are not in effect. USCIS will issue updated instructions pending further litigation developments.

Policy update
Fees, forms & filing

Court Order on Partial Stay of DHS 2024 USCIS Fee Rule

On Nov. 12, 2025, the United States District Court for the District of Colorado issued a decision in Moody v. Noem, No. 24-cv-00762-CNS (D. Colo.), staying certain EB-5 related fees that were codified by DHS in the 2024 Fee Rule, which became effective April 1, 2024.

Policy update

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