[
 {
  "stableRecordId": "fcp-29c0f64a1924e30102fd",
  "countryCode": "US",
  "country": "United States",
  "title": "HIV-based inadmissibility and required immigration HIV testing removed",
  "policyEffect": "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.",
  "operativeDate": "2010-01-04",
  "year": 2010,
  "affectedGroup": "Noncitizens subject to us health-related admissibility rules and immigration medical examinations",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Admission",
  "policyTool": "Eligibility",
  "sourceName": "HHS / CDC, Federal Register",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2009-11-02/html/E9-26337.htm",
  "preciseCitation": "Medical Examination of Aliens—Removal of HIV Infection From Definition of Communicable Disease of Public Health Significance",
  "evidencePassage": "ion of Communicable Disease of Public Health Significance AGENCY: Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (HHS) ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Through this final rule, the Centers for Disease Control and Prevention (CDC), within the U.S. Department of Health and Human Services (HHS), is amending its regulations to remove ``Human Immunodeficiency Virus (HIV) infection'' from the definition of communicable disease of public health significance and remove references to ``HI … V'' from the scope of examinations for aliens. Prior to this final rule, aliens with HIV infection were considered to have a communicable disease of public health significance and were thus inadmissible to the United States per the Immigration and Nationality Act (INA). While HIV infection is a serious health condition, it is not a communicable disease that is a significant public health risk for introduction, transmission, and spread to the U.S. population through casual contact. As a result of this final rule, aliens will no longer be inadmissible into the United States based solely on the g … ore, HHS/CDC amends 42 CFR 34 as follows: HIV infection is removed from the definition of a communicable disease of public health significance as defined in 42 CFR 34.2(b), and references to HIV are removed from the scope of examinations in 42 CFR 34.3. As a result, beginning on the effective date of this rule, HIV infection will no longer be an inadmissible condition, and HIV testing will no longer be required for those aliens who are required to undergo a medical examination for U.S. immigration purposes. HHS/CDC has considered the rationale for all the public comments on the proposed rule. … of the United States; (2) aliens arriving in the United States; and (3) aliens required by the U.S. Department of Homeland Security (DHS) to have a medical examination in connection with determination of their admissibility into the United States; and (4) aliens who apply for adjustment of their immigration status to that of lawful permanent resident. While 42 CFR part 34 can apply to individuals who wish to come to the United States on a temporary basis, such as leisure or business travelers, a medical examination is not routinely required as a condition for issuance of non-immigrant visas or … entry into the United States. Aliens who are already in the United States may apply to adjust to permanent resident status pursuant to statutorily-eligible adjustment categories. See INA Sec. 245; 8 U.S.C. 1255. Refugees and aslyees may also apply to adjust to permanent resident status from inside the United States. See INA Sec. 209; 8 U.S.C. 1159. An alien seeking permanent residence, whether through an immigrant visa or asylee status, or through an adjustment of status must undergo a medical examination to determine whether the alien is inadmissible on medical grounds. Aliens seeking admiss … round they are infected with HIV, and they will not be required to undergo HIV testing as part of the required medical examination for U.S. immigration. DATES: This final rule is effective January 4, 2010. FOR FURTHER INFORMATION CONTACT: Stacy M. Howard, Division of Global Migration and Quarantine, Centers for Disease Control and Prevention, U.S. Department of Health and Human Services, 1600 Clifton Road, NE., MS E-03, Atlanta, Georgia 30333; telephone 404-498-1600. SUPPLEMENTARY INFORMATION: The preamble to this final rule is organized as follows: I. Legal Authority II. Background A. Medical",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-aa3a83a9f88526b09b0c",
  "countryCode": "US",
  "country": "United States",
  "title": "USCIS Guidance on Determining Employer-Employee Relationship in H-1B Petitions",
  "policyEffect": "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.",
  "operativeDate": "2010-01-08",
  "year": 2010,
  "affectedGroup": "H-1b petitioners and nonimmigrant specialty occupation workers",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Labor migration / temporary work visas",
  "policyTool": "Adjudicative evidentiary standard / employer eligibility criteria",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://uscis.gov/archive/questions-answers-memoranda-on-establishing-the-employer-employee-relationship-in-h-1b-petitions",
  "preciseCitation": "USCIS Policy Memorandum, Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements, HQ 70/6.2.8 / AFM Update AD 10-24 (Jan. 8, 2010)",
  "evidencePassage": "On Jan. 8, 2010, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum clarifies such relationships, particularly for independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-162cdd08ce5413509c80",
  "countryCode": "US",
  "country": "United States",
  "title": "Designation of Haiti for Temporary Protected Status",
  "policyEffect": "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.",
  "operativeDate": "2010-01-21",
  "year": 2010,
  "affectedGroup": "Refugees, asylum seekers and other vulnerable people",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Legal entry and stay",
  "policyTool": "Entry visa / stay permit",
  "sourceName": "Federal Register (USCIS, DHS)",
  "sourceUrl": "https://www.federalregister.gov/documents/2010/01/21/2010-1169/designation-of-haiti-for-temporary-protected-status",
  "preciseCitation": "Wasem and Ester 2011; 75 FR 3476 (Docket No. USCIS-2010-0003)",
  "evidencePassage": "Under this designation, Haitian nationals (and aliens having no nationality who last habitually resided in Haiti) who have continuously resided in the United States since January 12, 2010, and who remain in continual physical presence in the United States from the effective date of the notice, may apply for TPS within the 180-day registration period that begins on the date of publication of the notice. These nationals also may apply for employment authorization documents and for permission to depart from and return to the United States.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-232b884de7e01c7fae91",
  "countryCode": "US",
  "country": "United States",
  "title": "Temporary Agricultural Employment of H-2A Aliens in the United States",
  "policyEffect": "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.",
  "operativeDate": "2010-03-15",
  "year": 2010,
  "affectedGroup": "Low-skilled workers",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Legal entry and stay",
  "policyTool": "Work visa / permit",
  "sourceName": "Federal Register / U.S. Department of Labor, Employment and Training Administration and Wage and Hour Division",
  "sourceUrl": "https://www.federalregister.gov/documents/2010/02/12/2010-2731/temporary-agricultural-employment-of-h-2a-aliens-in-the-united-states",
  "preciseCitation": "SOPEMI 2010: 250",
  "evidencePassage": "The Department of Labor (the Department or DOL) is amending its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. The Department is also amending the regulations at 29 CFR part 501 to provide for enhanced enforcement under the H-2A program requirements so that workers are appropriately protected when employers fail to meet their obligations under the H-2A program.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-c7a2951338fccea1eec1",
  "countryCode": "US",
  "country": "United States",
  "title": "Deferred Enforced Departure and Employment Authorization Extension for Liberians",
  "policyEffect": "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",
  "operativeDate": "2010-03-31",
  "year": 2010,
  "affectedGroup": "Liberian nationals and individuals without nationality who last habitually resided in liberia",
  "materialConditionsAndExceptions": "Validated condition or limit: 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",
  "policyCategory": "Humanitarian protection / removal deferral and work authorization",
  "policyTool": "Deferred enforced departure (ded) and employment authorization",
  "sourceName": "White House Presidential Actions / archives.gov",
  "sourceUrl": "https://obamawhitehouse.archives.gov/the-press-office/presidential-memorandum-deferred-enforced-departure-liberians",
  "preciseCitation": "Presidential Memorandum of March 19, 2010, Subject: Deferred Enforced Departure for Liberians",
  "evidencePassage": "The grant of DED only applies to an individual who has continuously resided in the United States since October 1, 2002, except for Liberian nationals, or persons without nationality who last habitually resided in Liberia: (1) who are ineligible for TPS for the reasons provided in section 244(c)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. 1254a(c)(2)(B); (2) whose removal you determine is in the interest of the United States; (3) whose presence or activities in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States; (4) who have voluntarily returned to Liberia or his or her country of last habitual residence outside the United States; (5) who were deported, excluded, or removed prior to the date of this memorandum; or (6) who are subject to extradition. Accordingly, I direct you to take the necessary steps to implement for eligible Liberians: (1) a deferral of enforced departure from the United States for 18 months from March 31, 2010; and (2) authorization for employment for 18 months from March 31, 2010.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-e696d758c2bf8dee9ead20c8",
  "countryCode": "US",
  "country": "United States",
  "title": "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.",
  "policyEffect": "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",
  "operativeDate": "2010-04-05",
  "year": 2010,
  "affectedGroup": "Facilities in guam, the commonwealth of the northern mariana islands (cnmi), and the virgin islands",
  "materialConditionsAndExceptions": "Recorded validated scope: H-1C nonimmigrant nurse program eligibility.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2010/03/05/2010-4475/attestation-applications-by-facilities-temporarily-employing-h-1c-nonimmigrant-foreign-workers-as",
  "preciseCitation": "",
  "evidencePassage": "and Human Services (HHS) that only those 14 hospitals listed in the preamble to the IFR remain eligible to participate in the H-1C program. As explained in greater detail in the preamble to the IFR, the definition of facility requires the application of time-specific tests and does not afford any flexibility with regard to these criteria. 65 FR 51143, Aug. 22, 2000. The Consolidated Natural Resources Act of 2008 (CNRA), Title VII, Public Law 110-229, 122 Stat. 754, 853, which extended U.S. immigration law to the Commonwealth of the Northern Mariana Islands (CNMI), also exempted facilities in … Guam, the CNMI, and the Virgin Islands from certain cost reporting criteria necessary for H-1C eligibility [[Page 10397]] under sec. 212(m)(6)(B) of the INA (8 U.S.C. 1182(m)(6)(B)). This Final Rule incorporates this exemption. However, the CNRA did not provide any exemption from the requirement that a facility be a hospital located in one of the 50 States or District of Columbia, as defined in 42 U.S.C. 1395ww(d)(1)(B). See 8 U.S.C. 1182(m)(6). Accordingly, despite the exemption from certain cost reporting criteria, facilities in Guam, CNMI, and the Virgin Islands still would not be eligible … care inpatient days for such period; and (iii) The number of the hospital's inpatient days for such period which were made up of patients who (for such days) were eligible for medical assistance under a State plan approved under Title XIX of the Social Security Act, is not less than 28 percent of the total number of such hospital's acute care inpatient days for such period. (3) The requirements of paragraph (2) of this definition shall not apply to a facility in Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands. * * * * * Office of Foreign Labor Certification (OFLC) means",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-8d65dfda7d3aa050b60b",
  "countryCode": "US",
  "country": "United States",
  "title": "Extension of the Designation of Nicaragua for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation",
  "policyEffect": "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.",
  "operativeDate": "2010-07-06",
  "year": 2010,
  "affectedGroup": "Humanitarian migrants / tps holders",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Legal entry and stay",
  "policyTool": "Stay permit / employment authorization",
  "sourceName": "Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices",
  "sourceUrl": "https://govinfo.gov/content/pkg/FR-2010-05-05/pdf/2010-10619.pdf",
  "preciseCitation": "75 FR 24737",
  "evidencePassage": "Massachusetts after consultation with appropriate SUMMARY: This Notice announces that Avenue, NW., Washington, DC 20529– agencies of the government, to designate the Secretary of Homeland Security 2060, telephone (202) 272–1533. This is a foreign State (or part thereof) for TPS.1 (Secretary) has extended the designation not a toll-free call. Note: The phone of Nicaragua for temporary protected number provided here is solely for 1 As of March 1, 2003, in accordance with section status (TPS) for 18 months from its questions regarding this TPS notice. It is 1517 of title XV of the Homeland Securi … y. January 5, 1999, continue to be met. See functions transferred under the HSA from the Nicaragua is also currently unable to section 244(b)(3)(A) of the Act, 8 U.S.C. Department of Justice to the Department of Homeland Security ‘‘shall be deemed to refer to the handle adequately the return of 1254a(b)(3)(A). On the basis of this Secretary’’ of Homeland Security. See 6 U.S.C. 557 thousands of its nationals who now determination, I am extending the TPS (2003) (codifying HSA, tit. XV, sec. 1517). have TPS in the United States, but no designation of Nicaragua for 18 months VerDate Mar<15>2010 20 … :52 May 04, 2010 Jkt 220001 PO 00000 Frm 00171 Fmt 4703 Sfmt 4703 [official-source production path omitted] 05MYN1 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices 24739 from July 6, 2010, through January 5, • If you are filing for re-registration, satisfactory supporting documentation. 2012. you must pay the Form I–765 For more information on the application application fee if you want an forms and application fees for TPS, Janet Napolitano, employment authorization document please visit the USCIS Web site at Secretary. (EAD). http://www.uscis.gov. Required Application Forms and • If you are f … employment Register notice regarding the automatic practices remain in full force. This To receive an automatic 6-month extension of employment authorization Notice does not supersede or in any way extension of your EAD: • You must be a national of Nicaragua documentation through January 5, 2011. limit applicable employment (or an alien having no nationality who After January 5, 2011, TPS verification rules and policy guidance, last habitually resided in Nicaragua) beneficiaries may present their EADs on including those rules setting forth re- who has applied for and received an Form I–766 wi … Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices 24737 for additional Form I–9 documentation through January 5, 2012. This Notice Applicants seeking information about if presented with an EAD that has been also sets forth procedures necessary for the status of their individual cases can automatically extended or a new valid nationals of Nicaragua (or aliens having check Case Status Online available at EAD pursuant to this Federal Register no nationality who last habitually the USCIS Web site at http:// notice, and the EAD reasonably appears resided in Nicaragua) with TPS t … o re- www.uscis.gov, or call the USCIS on its face to be genuine and to relate register and to apply for an extension of National Customer Service Center at 1– to the employee. Employees also may their employment authorization 800–375–5283 (TTY 1–800–767–1833). present any other legally acceptable documents (EADs) with U.S. • Further information will also be document or combination of documents Citizenship and Immigration Services available at local USCIS offices upon listed on the Form I–9 as proof of (USCIS). Re-registration is limited to publication of this Notice. identity and employment e … ligibility. persons who previously registered for SUPPLEMENTARY INFORMATION: Note to Employers TPS under the designation of Nicaragua Abbreviations and Terms Used in This and whose applications have been Employers are reminded that the laws Document granted or remain pending. Certain requiring employment eligibility nationals of Nicaragua (or aliens having Act—Immigration and Nationality Act verification and prohibiting unfair no nationality who last habitually DHS—Department of Homeland immigration-related employment resided in Nicaragua) who have not Security practices remain in full force. … nd their employers may persons without nationality who last information is available on the OSC determine which EADs are Web site at http://www.justice.gov/crt/ habitually resided in the designated automatically extended. country). osc/. DATES: The extension of the TPS • During the period for which the [FR Doc. 2010–10620 Filed 5–4–10; 8:45 am] designation of Nicaragua is effective Secretary has designated a country for BILLING CODE 9111–97–P July 6, 2010, and will remain in effect TPS, TPS beneficiaries are eligible to through January 5, 2012. The 60-day re- remain in the United States and ma",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "repair-d45cf4b0e8f8db8eab43",
  "countryCode": "US",
  "country": "United States",
  "title": "Border Security Supplemental H-1B Nonimmigrant Fee Surcharge",
  "policyEffect": "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.",
  "operativeDate": "2010-08-13",
  "year": 2010,
  "affectedGroup": "Employers with 50 or more U.S. employees where over 50 percent are H-1B or L nonimmigrants filing H-1B petitions",
  "materialConditionsAndExceptions": "Applies only to applicants employing 50 or more employees in the United States if more than 50 percent of their employees are nonimmigrants under INA 101(a)(15)(H)(i)(b) or 101(a)(15)(L). Operative through September 30, 2014.",
  "policyCategory": "Fees",
  "policyTool": "Statutory fee surcharge",
  "sourceName": "govinfo.gov",
  "sourceUrl": "https://govinfo.gov/content/pkg/PLAW-111publ230/html/PLAW-111publ230.htm",
  "preciseCitation": "Public Law 111-230, Title IV, Sec. 402(b), 124 Stat. 2485, 2487 (8 U.S.C. 1101 note)",
  "evidencePassage": "(b) Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act and ending on September 30, 2014, the filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) shall be increased by $2,000 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant's employees are such nonimmigrants or nonimmigrants described in section 101(a)(15)(L) of such Act.",
  "reviewMethod": "Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "repair-59490c9beabf3f286606",
  "countryCode": "US",
  "country": "United States",
  "title": "Border Security Supplemental L-1 Nonimmigrant Fee Surcharge",
  "policyEffect": "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.",
  "operativeDate": "2010-08-13",
  "year": 2010,
  "affectedGroup": "Employers with 50 or more U.S. employees where over 50 percent are H-1B or L nonimmigrants filing L-1 petitions",
  "materialConditionsAndExceptions": "Applies only to applicants employing 50 or more employees in the United States if more than 50 percent of their employees are nonimmigrants under INA 101(a)(15)(H)(i)(b) or 101(a)(15)(L). Operative through September 30, 2014.",
  "policyCategory": "Fees",
  "policyTool": "Statutory fee surcharge",
  "sourceName": "govinfo.gov",
  "sourceUrl": "https://govinfo.gov/content/pkg/PLAW-111publ230/html/PLAW-111publ230.htm",
  "preciseCitation": "Public Law 111-230, Title IV, Sec. 402(a), 124 Stat. 2485, 2487 (8 U.S.C. 1101 note)",
  "evidencePassage": "Sec. 402. (a) <<NOTE: Time period. Fee increases. 8 USC 1101 note.>> Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act and ending on September 30, 2014, the filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) shall be increased by 2,250 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant's employees are nonimmigrants admitted pursuant to section 101(a)(15)(H)(i)(b) of such Act or section 101(a)(15)(L) of such Act.",
  "reviewMethod": "Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-humanitarian-parole-waiver-20101123",
  "countryCode": "US",
  "country": "United States",
  "title": "Humanitarian parole applications made eligible for hardship fee waivers",
  "policyEffect": "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.",
  "operativeDate": "2010-11-23",
  "year": 2010,
  "affectedGroup": "Applicants filing form i-131 to request humanitarian parole who demonstrate inability to pay",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Department of Homeland Security",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2010-09-24/html/2010-23725.htm",
  "preciseCitation": "75 FR 58962–58991; FR document 2010-23725",
  "evidencePassage": "tment of Veterans Affairs, or U.S. government facility in the United States. New 8 CFR 103.7(b)(1)(i)(SS). Reduce the fee for an Application for Travel Document, Form I-131, when it is filed to request a Refugee Travel Document. DHS has reduced the fee for an Application for Travel Document in the final rule to $135 for a Refugee Travel Document for an adult age 16 or older, and $105 for a child under the age of 16. DHS has decided also to permit the fee for an Application for Travel Document to be waived based on inability to pay when it is based on a request for Humanitarian Parole. New 8 CF … om clear economic necessity to merely choosing to provide one applicant with an advantage over another. A number of commenters suggested, however, that USCIS allow fee waiver requests for Application for Travel Document, Form I-131, in cases of humanitarian parole. DHS's experience with the 2010 Haitian earthquake relief efforts has shown that many recipients of humanitarian parole are worthy of consideration of a fee waiver. DHS agrees that some applicants could be of limited means and the fee may be particularly burdensome to this population. Thus, as suggested by the commenters, DHS has dec … ided to revise the final rule to add requests for humanitarian parole to the list of forms that are eligible for a fee waiver upon a showing of the inability to pay. See 8 CFR 103.7(c)(3)(iv). In addition, DHS encourages those who believe that they have a sufficiently sympathetic case or group of cases in any type of benefit request to submit a request to their USCIS local office for a waiver under 8 CFR 103.7(d). b. Waiver Eligibility for Notices of Appeal or Motions DHS is adding a provision to the fee for the Notice of Appeal or Motion, Form I-290B, to provide that the fee to file an appeal … person's belief that he or she is entitled to or deserving of the benefit requested, the reasons for his or her inability to pay, and evidence to support the reasons indicated. There is no appeal of the denial of a fee waiver request. (3) USCIS fees that may be waived. No fee relating to any application, petition, appeal, motion, or request made to U.S. Citizenship and Immigration Services may be waived except for the following: (i) Biometric Fee, (ii) Application to Replace Permanent Resident Card, (iii) Petition for a CNMI-Only Nonimmigrant Transitional Worker, (iv) Application for Travel D … ocument when filed to request humanitarian parole, (v) Application for Advance Permission to Return to Unrelinquished Domicile, (vi) Notice of Appeal or Motion, when there is no fee for the underlying application or petition or that fee may be waived, (vii) Petition to Remove the Conditions of Residence based on marriage (Form I-751), (viii) Application for Employment Authorization, (ix) Application for Family Unity Benefits, (x) Application for Temporary Protected Status, (xi) Application for Suspension of Deportation or Special Rule Cancellation of Removal (pursuant to section 203 of Pub. L. … esignation under the Immigrant Investor Pilot Program, Civil Surgeon Designation, and DHS Processing of Immigrant Visa requests; and adjusts the premium processing service fee by the percentage increase in inflation according to the Consumer Price Index--Urban Consumers (CPI-U) published as of July 2010. This rule also finalizes the interim rule that established the premium processing service and fees. DATES: This rule is effective November 23, 2010. Applications or petitions mailed, postmarked, or otherwise filed on or after November 23, 2010 must include the new fee. FOR FURTHER INFORMATION",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-military-citizenship-certificate-fee-20101123",
  "countryCode": "US",
  "country": "United States",
  "title": "Military members and veterans exempted from citizenship certificate application fees",
  "policyEffect": "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.",
  "operativeDate": "2010-11-23",
  "year": 2010,
  "affectedGroup": "Members and veterans of any branch of the united states armed forces filing form n-600",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Department of Homeland Security",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2010-09-24/html/2010-23725.htm",
  "preciseCitation": "75 FR 58962–58991; FR document 2010-23725",
  "evidencePassage": "ked for or on behalf of the U.S. Government in Iraq or Afghanistan. DHS believes it is keeping with the policy to assist this group of petitioners by allowing them to file a Notice of Appeal or Motion without a fee. New 8 CFR 103.7(b)(1)(i)(W). Provide for a free Request for Hearing on a Decision in Naturalization Proceedings, Form N-336, and an Application for Certification of Citizenship, Form N-600, to exempt from fees requests from a member or veteran of the U.S. Armed Forces. New 8 CFR 103.7(b)(1)(i)(W), (AAA). USCIS is precluded by law from collecting a fee from members of the military f … he United States by a foreign state under section 343(b) of the Act: $345. There is no fee when this application is submitted under 8 CFR 338.5(a) or 343a.1 to request correction of a certificate that contains an error. (AAA) Application for Certificate of Citizenship (Form N-600). For filing an application for a certificate of citizenship under section 309(c) or section 341 of the Act for applications filed on behalf of a biological child: $600. For applications filed on behalf of an adopted child: $550. There is no fee for any application filed by a member or veteran of any branch of the Uni … esignation under the Immigrant Investor Pilot Program, Civil Surgeon Designation, and DHS Processing of Immigrant Visa requests; and adjusts the premium processing service fee by the percentage increase in inflation according to the Consumer Price Index--Urban Consumers (CPI-U) published as of July 2010. This rule also finalizes the interim rule that established the premium processing service and fees. DATES: This rule is effective November 23, 2010. Applications or petitions mailed, postmarked, or otherwise filed on or after November 23, 2010 must include the new fee. FOR FURTHER INFORMATION",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-f6f600f379adde723d93",
  "countryCode": "US",
  "country": "United States",
  "title": "Refugee travel-document application fees reduced under the 2010 USCIS fee schedule",
  "policyEffect": "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.",
  "operativeDate": "2010-11-23",
  "year": 2010,
  "affectedGroup": "Applicants for refugee travel documents, with adult and child fee bands",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Admission / legal status / fees",
  "policyTool": "Fee schedule adjustment",
  "sourceName": "USCIS / U.S. Government Publishing Office",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2010-09-24/html/2010-23725.htm",
  "preciseCitation": "75 FR 58962, September 24, 2010, FR Doc 2010-23725; 75 FR 69851, November 16, 2010, FR Doc 2010-28719",
  "evidencePassage": "ted States citizen ($110 plus a $25 dollar execution fee). 75 FR at 58964, 58972. Accordingly, DHS intended to reduce the fee for filing Application for Travel Document, Form I-131, for a refugee travel document to $135 for an adult age 16 or older. The final rule inadvertently listed a fee of $165 for filing an Application for Travel Document, Form I-131, for a refugee travel document for an adult age 16 or older. 75 FR at 58987. DHS needs to correct that portion of the final rule to indicate that an adult age 16 or older must submit a fee of $135 with an Application for Travel Document, Form … I-131, to request a refugee travel document. No other changes are made in this correction. Correction of Publication 0 Accordingly, the publication on September 24, 2010 (75 FR 58962) of the final rule that was the subject of FR Doc. 2010-23725 is corrected as follows: Sec. 103.7 [Corrected] 0 1. On page 58987, in the first column, Sec. 103.7 is amended by revising the dollar figure ``$165'' in paragraph (b)(1)(i)(M)(1) to read: ``$135''. Dated: November 9, 2010. Christina E. McDonald, Acting Associate General Counsel for Regulatory Affairs, Department of Homeland Security. [FR Doc. 2010-2871 … tment of Veterans Affairs, or U.S. government facility in the United States. New 8 CFR 103.7(b)(1)(i)(SS). Reduce the fee for an Application for Travel Document, Form I-131, when it is filed to request a Refugee Travel Document. DHS has reduced the fee for an Application for Travel Document in the final rule to $135 for a Refugee Travel Document for an adult age 16 or older, and $105 for a child under the age of 16. DHS has decided also to permit the fee for an Application for Travel Document to be waived based on inability to pay when it is based on a request for Humanitarian Parole. New 8 CF … for an adult over the age of 16 is $110 plus a $25 execution fee. For an applicant under the age of 16, the fee is $80 plus a $25 execution fee. Accordingly, this final rule reduces the fee for the filing of a Form I-131 for a Refugee Travel Document to $135 for an adult age 16 or older, and $105 for a child under the age of 16. USCIS will continue to charge the $85 biometrics fee since that fee is intended to cover the costs of a service that is separate from the issuance of the refugee travel document. The fee for other applications for advance parole and travel documents will be $360 as ca … izenship and Immigration Services Fee Schedule; Correction AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule; correction. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security corrects an inadvertent error in the amendatory language of the final rule U.S. Citizenship and Immigration Services Fee Schedule published in the Federal Register on September 24, 2010. DATES: This correction is effective November 23, 2010. FOR FURTHER INFORMATION CONTACT: Timothy Rosado, Acting Chief Financial Officer, U.S. Citizens",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-ea446aaa41e7159dc54f",
  "countryCode": "US",
  "country": "United States",
  "title": "International Adoption Simplification Act of 2010",
  "policyEffect": "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.",
  "operativeDate": "2010-11-30",
  "year": 2010,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Admission",
  "policyTool": "Eligibility",
  "sourceName": "U.S. Government Publishing Office",
  "sourceUrl": "https://congress.gov/111/plaws/publ287/PLAW-111publ287.pdf",
  "preciseCitation": "U.S. Government Publishing Office. International Adoption Simplification Act of 2010.; Public Law 111-287; 124 Stat. 3058",
  "evidencePassage": "epresentatives of International the United States of America in Congress assembled, Adoption Simplification SECTION 1. SHORT TITLE. Act. 8 USC 1101 note. This Act may be cited as ‘‘International Adoption Simplification Act’’. SEC. 2. EXEMPTION FROM VACCINATION DOCUMENTATION REQUIRE- MENT. Section 212(a)(1)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(C)(ii)) is amended by striking ‘‘section 101(b)(1)(F),’’ and inserting ‘‘subparagraph (F) or (G) of section 101(b)(1);’’. SEC. 3. SIBLING ADOPTIONS. Section 101(b)(1)(G) of the Immigration and Nationality Act (8 U.S.C. 1101(b … )(1)(G)) is amended to read as follows: ‘‘(G)(i) a child, younger than 16 years of age at the time a petition is filed on the child’s behalf to accord a classification as an immediate relative under section 201(b), who has been adopted in a foreign state that is a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993, or who is emigrating from such a foreign state to be adopted in the United States by a United States citizen and spouse jointly or by an unmarried United States citizen who is at least 25 years of … that no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or ‘‘(iii) subject to the same provisos as in clauses (i) and (ii), a child who— ‘‘(I) is a natural sibling of a child described in clause (i), subparagraph (E)(i), or subparagraph (F)(i); ‘‘(II) was adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sib- ling described in clause (i), subparagraph (E)(i), or subparagraph (F)(i); and ‘ … ‘(III) is otherwise described in clause (i), except that the child is younger than 18 years of age at the time a petition is filed on his or her behalf for classification as an immediate relative under section 201(b).’’. SEC. 4. EFFECTIVE DATE. 8 USC 1101 note. (a) IN GENERAL.—Except as provided in subsection (b), the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) EXCEPTION.—An alien who is described in section Deadline. 101(b)(1)(G)(iii) of the Immigration and Nationality Act, as added by section 3, and attained 18 years of age on or after April 1, … PUBLIC LAW 111–287—NOV. 30, 2010 INTERNATIONAL ADOPTION SIMPLIFICATION ACT dkrause on GSDDPC29PROD with PUBLIC LAWS VerDate Nov 24 2008 14:37 Dec 06, 2010 Jkt 099139 PO 00287 Frm 00001 Fmt 6579 Sfmt 6579 [official-source production path omitted] APPS06 PsN: PUBL287 124 STAT. 3058 PUBLIC LAW 111–287—NOV. 30, 2010 Public Law 111–287 111th Congress An Act To restore immunization and sibling age exemptions for children adopted by United Nov. 30, 2010 States citizens under the Hague Convention on Intercountry Adoption to allow [S. 1376] their admission into the United States. Be it enacted by the Senate and House of R … 2008, shall be deemed to meet the age requirement specified in subclause (III) of such section if a petition for classification of the alien as an immediate relative under section 201(b) of the dkrause on GSDDPC29PROD with PUBLIC LAWS VerDate Nov 24 2008 14:37 Dec 06, 2010 Jkt 099139 PO 00287 Frm 00003 Fmt 6580 Sfmt 6581 [official-source production path omitted] APPS06 PsN: PUBL287 124 STAT. 3060 PUBLIC LAW 111–287—NOV. 30, 2010 Immigration and Nationality Act (8 U.S.C. 1151(b)) is filed not later than 2 years after the date of the enactment of this Act. Approved November 30, 2010. LEGISLATIVE HISTORY—S. 1376: S",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-4554ffacaa18093a0b49",
  "countryCode": "US",
  "country": "United States",
  "title": "Broadening Consular Authority for Provisional and Discretionary Visa Revocation",
  "policyEffect": "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.",
  "operativeDate": "2011-04-27",
  "year": 2011,
  "affectedGroup": "Visa holders",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Border control and enforcement",
  "policyTool": "Administrative discretion",
  "sourceName": "Federal Register",
  "sourceUrl": "https://govinfo.gov/content/pkg/FR-2011-04-27/pdf/2011-10077.pdf",
  "preciseCitation": "Department of State, Final Rule, 76 FR 23477 (Apr. 27, 2011), 22 CFR Parts 41 and 42",
  "evidencePassage": "ities & n.1. regulations to broaden the authority of VerDate Mar<15>2010 15:29 Apr 26, 2011 Jkt 223001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 [official-source production path omitted] 27APR1 23478 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations a consular officer to revoke a visa at any making procedures set forth at 5 U.S.C. the regulatory philosophy and time subsequent to issuance of the visa, 553. principles set forth in Executive Order in his or her discretion. These changes 12866 and has determined that the Regulatory Flexibility Act/Executive to the Department’s revocatio … n benefits of the proposed regulation Order 13272: Small Business. regulations expand consular officer visa justify its costs. The Department does revocation authority to the full extent Because this final rule is exempt from not consider the rule to be an allowed by statute. Additionally, this notice and comment rulemaking under economically significant action within rule change allows consular officers and 5 U.S.C. 553, it is exempt from the the scope of section 3(f)(1) of the designated officials within the regulatory flexibility analysis Executive Order since it is not likely to Department … to revoke a visa requirements set forth at sections 603 and 604 of the Regulatory Flexibility have an annual effect on the economy provisionally while considering a final of $100 million or more or to adversely visa revocation. Act (5 U.S.C. 603 and 604). Nonetheless, consistent with section 605(b) of the affect in a material way the economy, a DATES: This rule is effective April 27, sector of the economy, competition, 2011. Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department certifies that jobs, the environment, public health or FOR FURTHER INFORMATION CONTACT: this rule will not ha … inst the alien; issued that the visa was revoked or § 41.122 Revocation of visas. (5) The alien has been permitted by provisionally revoked. Regardless of (a) Grounds for revocation by consular DHS to depart voluntarily from the delivery of such notice, once the officers. A consular officer, the United States; revocation has been entered into the Secretary, or a Department official to (6) DHS has revoked a waiver of Department’s Consular Lookout and whom the Secretary has delegated this inadmissibility granted pursuant to INA Support System (CLASS), the visa is no authority is authorized to re … voke a 212(d)(3)(A) in relation to the visa that longer to be considered valid for travel nonimmigrant visa at any time, in his or was issued to the alien; to the United States. The date of the her discretion. (7) The visa is presented in revocation shall be indicated in CLASS (b) Provisional revocation. A consular connection with an application for and on any notice sent to the alien to officer, the Secretary, or any Department admission to the United States by a whom the visa was issued. official to whom the Secretary has person other than the alien to whom the (d) Procedure for physically c … anceling delegated this authority may visa was issued; visas. An immigrant visa that is revoked provisionally revoke a nonimmigrant (8) The visa has been physically shall be canceled by writing or stamping visa while considering information removed from the passport in which it the word ‘‘REVOKED’’ plainly across the related to whether a visa holder is was issued; or face of the visa, if the visa is available eligible for the visa. Provisional (9) The visa has been issued in a to the consular officer. The failure or revocation shall have the same force and combined Mexican or Canadian B–1/B– i … 2.82 is revised to read as officer. An immigration officer is follows: SUMMARY: This interim final rule authorized to revoke a valid visa by implements Section 702 of the Ike WReier-Aviles on DSKGBLS3C1PROD with RULES physically canceling it in accordance § 42.82 Revocation of visas. Skelton National Defense Authorization with the procedure described in (a) Grounds for revocation by consular Act for Fiscal Year 2011 (NDAA for paragraph (d) of this section if: officers. A consular officer, the FY11). It establishes the TRICARE (1) The alien obtains an immigrant Secretary, or any Department offi … cial to Young Adult (TYA) program to provide visa or an adjustment of status to that of whom the Secretary has delegated this an extended medical coverage permanent resident; authority is authorized to revoke an opportunity to most unmarried children (2) The alien is ordered excluded from immigrant visa at any time, in his or her under the age of 26 of uniformed the United States under INA 236, as in discretion. services sponsors. The TRICARE Young VerDate Mar<15>2010 15:29 Apr 26, 2011 Jkt 223001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 [official-source production path omitted] 27APR1 … ve a significant safety, or state, local or tribal Lawrence B. Kurland, Jr., Legislation economic impact on a substantial governments or communities. and Regulations Division, Visa Services, number of small entities. This rule Department of State, 2401 E Street, NW., Executive Order 13563 regulates individual aliens who hold Room L–603D, Washington, DC 20520– nonimmigrant or immigrant visas, The Department of State has 0106, (202) 663–1260, e-mail including employment-based visas. considered this rule in light of (KurlandLB@state.gov). Because section 221(i) of the INA Executive Order 13563, d",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-fb87ffa3d71022ce6a37",
  "countryCode": "US",
  "country": "United States",
  "title": "Removal of Designated Countries from National Security Entry-Exit Registration System (NSEERS)",
  "policyEffect": "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.",
  "operativeDate": "2011-04-28",
  "year": 2011,
  "affectedGroup": "Nonimmigrant nationals or citizens of afghanistan, algeria, bahrain, bangladesh, egypt, eritrea, indonesia, iran, iraq, jordan, kuwait, lebanon, libya, morocco, north korea, oman, pakistan, qatar, saudi arabia, somalia, sudan, syria, tunisia, united arab emirates, and yemen",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Border and land control",
  "policyTool": "Surveillance technology / control powers",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2011/04/28/2011-10305/removing-designated-countries-from-the-national-security-entry-exit-registration-system-nseers",
  "preciseCitation": "",
  "evidencePassage": "After careful consideration, the Secretary of Homeland Security, by this notice, is removing all currently designated countries from the listing of countries whose nationals and citizens are required to comply with NSEERS registration requirements: Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen. Effective upon publication of this Notice, nonimmigrant nationals and citizens of these countries are no longer required to comply with the requirements of 8 CFR 264.1(f), including the requirement that they exit through designated ports of entry. … This notice does not relieve any alien of any other requirement under the law.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-82484a2a06c9795cb98e7632",
  "countryCode": "US",
  "country": "United States",
  "title": "Automatic extension of validity of EADs for six months, through January 22, 2012",
  "policyEffect": "Automatic extension of validity of EADs for six months, through January 22, 2012",
  "operativeDate": "2011-07-23",
  "year": 2011,
  "affectedGroup": "Individuals who were granted temporary protected status (tps) under the original designation of haiti",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2011/05/23/2011-12576/re-registration-procedures-for-temporary-protected-status-tps-beneficiaries-under-the-extended-tps",
  "preciseCitation": "",
  "evidencePassage": "18-month extension of TPS for Haiti that was announced in the Federal Register notice published on May 19, 2011. New employment authorization documents (EADs) with a January 22, 2013 expiration date will be issued to eligible TPS beneficiaries who timely re-register and apply for EADs. Given the timeframes involved with processing TPS re-registration applications, the Department of Homeland Security recognizes that all re-registrants may not receive new EADs until after their current EADs expire on July 22, 2011. Accordingly, this notice automatically extends the validity of EADs issued under the TPS designation of Haiti for six months, through January 22, 2012. This notice also explains to TPS beneficiaries and their employers which EADs are automatically extended. DATES: The extension of the TPS designation of Haiti is effective July 23, 2011, and will remain in effect through January 22, 2013. The 90- day re-registration period begins on May 23, 2011, and will be open through August 22, 2011. FOR FURTHER INFORMATION CONTACT: For further information on TPS, including guidance on the application process and additional information on eligibility, please visit the USCIS TPS Web page … Authorization Documents (EADs) DHS recognizes the possibility that all re-registrants may not receive new EADs until after their current EADs expire on July 22, 2011. Accordingly, DHS is automatically extending the validity of EADs issued under the 2010 TPS designation of Haiti for six months, through January 22, 2012. May I request an interim EAD at my local USCIS office? No. USCIS will not issue interim EADs to TPS applicants and re- registrants at local offices. Am I eligible to receive an automatic six-month EAD extension from July 23, 2011, through January 22, 2012? You will receive an automatic six-month extension of your EAD if you: Are a national of Haiti (or an alien having no nationality who last habitually resided in Haiti) who received an EAD under the designation of Haiti for TPS, and Have not had TPS withdrawn or denied. This automatic extension is limited to EADs Form I-766 with an expiration date of July 22, 2011. These EADs must also bear the notation ``A-12'' or ``C-19'' on the face of the card under ``Category.'' [[Page 29780]] Upon hire, what documentation may I show to my employer as proof of employment authorization and identity when completing Employment Eligibility Verification",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-bf834e4adca81df6e79a",
  "countryCode": "US",
  "country": "United States",
  "title": "Haiti TPS redesignation expands eligibility",
  "policyEffect": "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.",
  "operativeDate": "2011-07-23",
  "year": 2011,
  "affectedGroup": "Eligible haitian nationals and stateless persons who last habitually resided in haiti",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Asylum or protection",
  "policyTool": "Temporary protection",
  "sourceName": "US Department of Homeland Security / Federal Register",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2011-05-19/html/2011-12440.htm",
  "preciseCitation": "Extension and Redesignation of Haiti for Temporary Protected Status, 76 FR 29000",
  "evidencePassage": "ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice announces that the Secretary of Homeland Security (Secretary) is both extending the existing designation of Haiti for temporary protected status (TPS) for 18 months from July 23, 2011 through January 22, 2013, and redesignating Haiti for TPS for 18 months, effective July 23, 2011 through January 22, 2013. The extension allows current eligible TPS beneficiaries to retain their TPS through January 22, 2013. The redesignation of Haiti allows additional individuals who have been continuous … ly residing in the United States since January 12, 2011, to obtain TPS, if eligible, including certain Haitians who arrived in the United States following the January 12, 2010 earthquake in Haiti. Under the redesignation, individuals who currently do not have TPS, or a TPS application pending, may apply for TPS from May 19, 2011 through November 15, 2011. In addition to demonstrating continuous residence in the United States since January 12, 2011, initial applicants for TPS under this redesignation must demonstrate that they have been continuously physically present in the United States since … 22, 2013. DATES: Extension of TPS: The 18-month extension of the existing designation for Haiti is effective July 23, 2011, and will remain in effect through January 22, 2013. The 90-day re-registration period for current Haiti TPS beneficiaries will run from May 23, 2011 through August 22, 2011. Re-registration procedures will be announced prior to the start of the re-registration period. Redesignation of TPS: The redesignation of Haiti for TPS is effective July 23, 2011, and will remain in effect through January 22, 2013, a period of 18 months. The initial registration period for new applic … A section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). The TPS designation of Haiti should be extended for an additional 18-month period from July 23, 2011 through January 22, 2013. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). Haiti should be simultaneously redesignated for TPS effective July 23, 2011 through January 22, 2013. See INA sections 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2). It is appropriate to change the date by which TPS applicants must demonstrate that they have continuously resided in the United States from January 12, 2010 to January 12, 2011. The date by … 8 U.S.C. 1254a(b)(3)(A). On the basis of this determination, I am simultaneously extending the existing TPS designation of Haiti for 18 months from July 23, 2011 through January 22, 2013, and redesignating Haiti for TPS for 18 months effective July 23, 2011 through January 22, 2013. See INA sections 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2). I am also changing the ``continuous residence'' date from January 12, 2010 to January 12, 2011. See INA section 244(c)(1)(A)(ii), 8 U.S.C. 1254a(c)(1)(A)(ii). Janet Napolitano, Secretary. How do I know whether I should wait until May 23, … ce, Office of Special Counsel for Immigration Related Unfair Employment Practices Secretary--Secretary of Homeland Security TPS--Temporary Protected Status UN--United Nations UNICEF--United Nations Children's Fund USAID--U.S. Agency for International Development USCIS--U.S. Citizenship and Immigration Services What is TPS? Temporary Protected Status (TPS) is an immigration status granted under the Immigration and Nationality Act (INA) to eligible nationals of a country designated for TPS (or to persons without nationality who last habitually resided in the designated country). During the TPS d … e conditions that prompted the January 21, 2010 designation of Haiti for TPS continue to be met. See INA sections 244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C). [[Page 29002]] Nationals of Haiti (and persons without nationality who last habitually resided in Haiti) still cannot safely return to Haiti due to continued extraordinary and temporary conditions. See INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). It is not contrary to the national interest of the United States to permit aliens who meet the eligibility requirements for TPS to remain in the United States temporarily. See IN",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-f622d73f2ccc2a715ad7",
  "countryCode": "US",
  "country": "United States",
  "title": "Centralized Lockbox Filing for Overseas Stand-Alone Form I-130 Petitions",
  "policyEffect": "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.",
  "operativeDate": "2011-08-15",
  "year": 2011,
  "affectedGroup": "Family reunification",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Legal entry and stay",
  "policyTool": "Filing channel",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://uscis.gov/archive/uscis-centralizes-filing-of-form-i-130",
  "preciseCitation": "USCIS Web Announcement / Policy Notice (Aug. 10, 2011 / May 16, 2011)",
  "evidencePassage": "Effective Aug. 15, 2011, petitioners residing in countries without USCIS offices must file their Form I-130, Petition for an Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) lockbox facility in Chicago.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-c1720734f5b59a4a4b56",
  "countryCode": "US",
  "country": "United States",
  "title": "Commonwealth of the Northern Mariana Islands Transitional Worker Classification",
  "policyEffect": "Implementation of a new visa program and transitional worker classification (CW-1) for foreign workers in the Commonwealth of the Northern Mariana Islands.",
  "operativeDate": "2011-10-07",
  "year": 2011,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Work authorization",
  "policyTool": "New pathway",
  "sourceName": "uscourts.gov",
  "sourceUrl": "https://cdn.ca9.uscourts.gov/datastore/opinions/2019/06/12/13-70653.pdf",
  "preciseCitation": "uscourts.gov. Commonwealth of the Northern Mariana Islands Transitional Worker Classification.",
  "evidencePassage": "individual in the CNMI who had not been admitted or paroled within the meaning of section 212(a)(6)(A) would also necessarily lack “a valid entry document” for purposes of section 212(a)(7)(A)(i)(I). As a result, it appears that under Minto the very people ostensibly protected from removal by Congress were not actually protected—even if they could not be removed for lack of a valid entry, under Minto they were removable for lack of a valid entry document. 1 1 Minto suggested that a visa program for CNMI workers would provide relief from section 212(a)(7)(A)(i)(I). Minto, 854 F.3d at 625. But … ) does not mean that one is deemed to be “applying . . . for admission” for purposes of section 212(h), a provision contained in the same section as section 212(a)(7)(A)(i)(I), the relevant ground of removal. Matter of Y-N-P-, 26 I. & N. Dec. 10, 13 (B.I.A. 2012). Before Minto, we had determined that this precedential BIA opinion is worthy of deference. Garcia-Mendez v. Lynch, of the two-year transition period and months after both Torres and Minto were ordered removed. See Commonwealth of the Northern Mariana Islands Transitional Worker Classification, 76 Fed. Reg. 55,501, 55,502 (Sept. 7, 2011",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-3f3c2ec155041bb2c7e6",
  "countryCode": "US",
  "country": "United States",
  "title": "BIA Precedent on Unlawful Presence and Advance Parole (Matter of Arrabally and Yerrabelly)",
  "policyEffect": "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.",
  "operativeDate": "2012-04-17",
  "year": 2012,
  "affectedGroup": "Noncitizens with accrued unlawful presence traveling under advance parole",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Grounds of inadmissibility / adjustment of status",
  "policyTool": "Administrative precedent",
  "sourceName": "U.S. Department of Justice, Executive Office for Immigration Review (EOIR), Board of Immigration Appeals",
  "sourceUrl": "https://justice.gov/sites/default/files/eoir/legacy/2014/07/25/3748%20%28final%29.pdf",
  "preciseCitation": "Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012)",
  "evidencePassage": "Cite as 25 I&N Dec. 771 (BIA 2012) Interim Decision #3748 Matter of Manohar Rao ARRABALLY, Respondent Matter of Sarala YERRABELLY, Respondent Decided as amended August 16, 20121 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals An alien who leaves the United States temporarily pursuant to a grant of advance parole does not thereby make a “departure . . . from the United States” within the meaning of section 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(B)(i)(II) (2006). Matter of Lemus, 24 I&N Dec. 373 (BIA 2007) … them ineligible for adjustment of status under section 245(i) of the Act, 8 U.S.C. § 1255(i) (2006), based on their inadmissibility under section 212(a)(9)(B)(i)(II), and he ordered them removed from the United States. This case presents the question whether the respondents, who left the United States temporarily under a grant of advance parole, thereby effected a “departure,” which resulted in their inadmissibility under section 212(a)(9)(B)(i)(II). We hold that they did not. Consequently, the respondents’ 1 Upon a motion of the Department of Homeland Security that is expressly unopposed by … has the paradoxical effect of transforming advance parole from a humanitarian benefit into a means for barring relief.7 The language of section 212(a)(9)(B)(i)(II) does not require such a result.8 Accordingly, we hold that an alien who has left and returned to the United States under a grant of advance parole has not made a “departure . . . from the United States” within the meaning of section 212(a)(9)(B)(i)(II) of the Act. 7 As the DHS points out on appeal, documents authorizing advance parole bear explicit warnings that the parolee may be inadmissible under section 212(a)(9)(B) and ineligible … Servs., 545 U.S. 967 (2005). On the contrary, the Third Circuit emphasized that the petition for review did not challenge the Board’s interpretation of the term “departure” or otherwise dispute its determination that the alien was inadmissible under section 212(a)(9)(B)(i)(II). Cheruku v. Att’y Gen. of U.S., 662 F.3d at 205 n.5. 779 Cite as 25 I&N Dec. 771 (BIA 2012) Interim Decision #3748 We emphasize that we hold only that an alien cannot become inadmissible under section 212(a)(9)(B)(i)(II) solely by virtue of a trip abroad undertaken pursuant to a grant of advance parole. Our decision does",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-2c33ec7b63ecf14ce958a706",
  "countryCode": "US",
  "country": "United States",
  "title": "Somalia redesignated for TPS, allowing individuals residing in the U.S.",
  "policyEffect": "Somalia redesignated for TPS, allowing individuals residing in the U.S. since May 1, 2012, to obtain TPS.",
  "operativeDate": "2012-09-18",
  "year": 2012,
  "affectedGroup": "Nationals of somalia (or aliens having no nationality who last habitually resided in somalia)",
  "materialConditionsAndExceptions": "Recorded validated scope: Temporary Protected Status (TPS).",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2012/05/01/2012-10388/extension-and-redesignation-of-somalia-for-temporary-protected-status",
  "preciseCitation": "",
  "evidencePassage": "Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice announces that the Secretary of Homeland Security (Secretary) is both extending the existing designation of Somalia for temporary protected status (TPS) for 18 months from September 18, 2012 through March 17, 2014, and redesignating Somalia for TPS for 18 months, effective September 18, 2012 through March 17, 2014. The extension allows currently eligible TPS beneficiaries to retain their TPS through March … 17, 2014. The redesignation of Somalia allows additional individuals who have been continuously residing in the United States since May 1, 2012, to obtain TPS, if eligible. The Secretary has determined that an extension is warranted because the conditions in Somalia that prompted the TPS designation continue to be met. There continues to be a substantial, but temporary, disruption of living conditions in Somalia based upon ongoing armed conflict and extraordinary and temporary conditions in that country that prevent Somalis who now have TPS from safely returning. This notice also sets forth procedures … status on September 4, 2001, not only continue to be met but have significantly deteriorated. See section 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). On the basis of this determination, I am simultaneously extending the existing TPS designation of Somalia for 18 months from September 18, 2012 through March 17, 2014, and redesignating Somalia for TPS for 18 months effective September 18, 2012 through March 17, 2014. See section 244(b)(1)(A) and (C) and (b)(2) of the Act, 8 U.S.C. 1254a(b)(1)(A) and (C) and (b)(2). I have also determined that under the redesignation eligible individuals must",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recall-46f37c7e2997ad4e9254",
  "countryCode": "US",
  "country": "United States",
  "title": "Taiwan added to the Visa Waiver Program",
  "policyEffect": "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.",
  "operativeDate": "2012-11-01",
  "year": 2012,
  "affectedGroup": "Eligible Taiwan passport holders traveling to the United States for business or pleasure",
  "materialConditionsAndExceptions": "Validated condition or limit: Visa Waiver Program conditions continued to apply, including eligible business or pleasure travel for stays of up to 90 days.",
  "policyCategory": "Eligibility",
  "policyTool": "Regulation",
  "sourceName": "Federal Register / Vol. 77, No. 204 / Rules and Regulations",
  "sourceUrl": "https://govinfo.gov/content/pkg/FR-2012-10-22/pdf/2012-25986.pdf",
  "preciseCitation": "77 FR 64409; operative 2012-11-01.",
  "evidencePassage": "art 217 RIN 1601–AA67 Designation of Taiwan for the Visa Waiver Program AGENCY: Office of the Secretary, DHS. ACTION: Final rule. SUMMARY: Eligible citizens, nationals and passport holders from designated Visa Waiver Program countries 1 may apply for admission to the United States at U.S. ports of entry as nonimmigrant aliens for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. On October 2, 2012, the Secretary of Homeland Security, in consultation with the Secretary of State and with reference to the Taiwan Relations Act of 1979, designated Taiwan for participation in the Visa Waiver Program. Accordingly, this rule updates the list of countries designated for participation in the Visa Waiver Program by adding Taiwan. DATES: This final rule is effective on November 1, 2012. FOR FURTHER INFORMATION CONTACT: Gianfranco Corti, Department of Homeland Security, Visa Waiver Program Office, (202) 282–8732. SUPPLEMENTARY INFORMATION: I. Background A. The Visa Waiver Program Pursuant to section 217 of the Immigration and Nationality Act (INA), 8 U.S.C. 1187, the Secretary of Homeland Security (the Secretary), in consultation with the Secretary of State, may designate certain countries as Visa Waiver Program (VWP) countries if certain requirements are met. Those requirements include, without limitation: (1) Meeting the statutory rate of nonimmigrant visitor visa refusals for nationals of the country; (2) a government certification that it issues machine-readable passports that comply with internationally accepted standards; (3) a U.S. government determination that the country’s designation would not negatively affect U.S. law enforcement and security interests; (4)",
  "reviewMethod": "Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-70907aa90c22bbe4395c",
  "countryCode": "US",
  "country": "United States",
  "title": "Age-Out Protection for Derivative U Nonimmigrant Status",
  "policyEffect": "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.",
  "operativeDate": "2012-12-12",
  "year": 2012,
  "affectedGroup": "Derivative children of u-1 nonimmigrant crime victims (u-3 derivatives)",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Humanitarian protection",
  "policyTool": "Agency policy memorandum",
  "sourceName": "U.S. Citizenship and Immigration Services (USCIS)",
  "sourceUrl": "https://uscis.gov/laws-and-policy/policy-memoranda?page=9",
  "preciseCitation": "USCIS Policy Memorandum PM-602-0077, AFM Update AD11-41",
  "evidencePassage": "This policy memorandum (PM) provides guidance relating to certain U-3 derivative nonimmigrant petitions that are being held for final adjudication or have had their prior approvals limited in time due to the derivative aging-out. This PM also authorizes the approval of U-3 derivative nonimmigrant petitions for the full eligibility period of four years, allowing the U-3 derivative to remain in U nonimmigrant status past his or her 21st birthday, if necessary.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-9f2a8a3c4ee90f859d83",
  "countryCode": "US",
  "country": "United States",
  "title": "Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives",
  "policyEffect": "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.",
  "operativeDate": "2013-03-04",
  "year": 2013,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Admission",
  "policyTool": "Eligibility",
  "sourceName": "Federal Register",
  "sourceUrl": "https://govinfo.gov/app/details/FR-2013-01-03/2012-31268",
  "preciseCitation": "Federal Register. Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives.; 78 FR 536; 8 CFR Parts 103 and 212; RIN 1615-AB99",
  "evidencePassage": "This final rule is effective March 4, 2013.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-ac65e2761720721df6c1",
  "countryCode": "US",
  "country": "United States",
  "title": "South Sudan TPS redesignation expands eligibility",
  "policyEffect": "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.",
  "operativeDate": "2013-05-03",
  "year": 2013,
  "affectedGroup": "Eligible south sudanese nationals and stateless persons who last habitually resided in south sudan",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Asylum or protection",
  "policyTool": "Eligibility",
  "sourceName": "US Department of Homeland Security / Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2013/01/09/2013-00051.txt",
  "preciseCitation": "Extension and Redesignation of South Sudan for Temporary Protected Status",
  "evidencePassage": "South Sudan for Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This Notice announces that the Secretary of Homeland Security (Secretary) is both extending the existing designation of South Sudan for Temporary Protected Status (TPS) for 18 months from May 3, 2013 through November 2, 2014, and redesignating South Sudan for TPS for 18 months, effective May 3, 2013 through November 2, 2014. The extension allows currently eligible TPS beneficiaries to retain TPS through November 2, 2014. The redesignation of South Sudan allows additional individuals who have been continuously residing in the United States since January 9, 2013, to obtain TPS, if eligible. The Secretary has determined that an extension and redesignation are warranted because the conditions in South Sudan that prompted the TPS designation not only continue to be met but have deteriorated. There continues to be a substantial, but temporary, disruption of living conditions in South Sudan based upon ongoing armed conflict and extraordinary and temporary conditions in that country that prevent South Sudanese who now have TPS from returning in safety. This Notice also sets forth procedures necessary for nationals of South Sudan (or aliens having no nationality who last habitually resided in South Sudan) to either: (1) Re-register under the extension if they already have TPS and to apply for renewal of their Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS) or (2) submit an initial registration application under the redesignation and apply for an EAD. For individuals who have already been granted TPS under the South … persons without nationality who last habitually resided in the designated country. <bullet> During the TPS designation period, TPS beneficiaries are eligible to remain in the United States and may obtain work authorization, so long as they continue to meet the requirements of TPS status. <bullet> TPS beneficiaries may also be granted travel authorization as a matter of discretion. <bullet> The granting of TPS does not lead to permanent resident status. <bullet> When the Secretary terminates a country's TPS designation, beneficiaries return to the same immigration status they maintained before",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-feaf74bec64acbc08186",
  "countryCode": "US",
  "country": "United States",
  "title": "Comprehensive EB-5 Immigrant Investor Program Adjudications Guidance",
  "policyEffect": "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.",
  "operativeDate": "2013-05-30",
  "year": 2013,
  "affectedGroup": "Immigrant investors (eb-5 applicants) and regional centers",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Employment & investment immigration",
  "policyTool": "Adjudication standards & deference policy",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://uscis.gov/sites/default/files/err/B7%20-%20Immigrant%20Petition%20by%20Alien%20Entrepreneur,%20Sec.%20203(b)(5)%20of%20the%20INA/Decisions_Issued_in_2013/SEP232013_01B7203.pdf",
  "preciseCitation": "USCIS Policy Memorandum PM-602-0083, EB-5 Adjudications Policy (May 30, 2013), as cited in AAO Non-Precedent Decision (Sep. 23, 2013)",
  "evidencePassage": "Since prior determinations will be presumed to have been properly decided, a prior favorable determination will not be considered legally deficient for purposes of according deference unless the prior determination involved an objective mistake of fact or an objective mistake of law evidencing ineligibility for the benefit sought, but excluding those subjective evaluations related to evaluating eligibility. Unless there is reason to believe that a prior adjudication involved an objective mistake of fact or law, USeiS should not reexamine determinations made earlier in the EB-5 process. Absent a material change in facts, fraud, or willful misrepresentation, users should not re-adjudicate prior users determinations that are subjective, such as whether the business plan is comprehensive and credible or whether an economic methodology estimating job creation is reasonable.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-cfd5b4516e4b1177c5f8",
  "countryCode": "US",
  "country": "United States",
  "title": "Extension of Immigration and Naturalization Benefits to Same-Sex Spouses",
  "policyEffect": "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.",
  "operativeDate": "2013-06-26",
  "year": 2013,
  "affectedGroup": "Same-sex spouses and derivative beneficiaries",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Admission / legal status / family reunification",
  "policyTool": "Adjudication standard / legal interpretation / benefit eligibility",
  "sourceName": "USCIS Policy Manual",
  "sourceUrl": "https://uscis.gov/policy-manual/volume-12-part-g-chapter-2",
  "preciseCitation": "USCIS Policy Manual, Volume 12, Part G, Chapter 2 - Marriage and Marital Union for Naturalization",
  "evidencePassage": "marriages for purposes of all federal laws, was unconstitutional.[8] In accordance with the Supreme Court decision, USCIS determines the validity of a same-sex marriage by the place-of-celebration rule, just as USCIS applies this rule to determine the validity of an opposite-sex marriage.[9] Therefore, in cases of marriage between persons of the same sex, officers will review the laws of the jurisdiction in which the marriage took place to determine if the jurisdiction recognizes same-sex marriages and the marriage otherwise is legally valid. Since the place-of-celebration rule governs same-sex marriages in exactly the same way that it governs opposite-sex marriages, unless the marriage is polygamous or otherwise falls within an exception to the place-of-celebration rule as discussed above, the legal validity of a same-sex marriage is determined exclusively by the law of the jurisdiction where the marriage was celebrated. If the same-sex couple now resides in a jurisdiction different from the one in which they celebrated their marriage, and that jurisdiction does not recognize same-sex marriages, the officer will look to the law of the state where the marriage was celebrated in order",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-c85f8748ba12f3c5d192",
  "countryCode": "US",
  "country": "United States",
  "title": "United States expands Syria TPS eligibility through redesignation",
  "policyEffect": "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.",
  "operativeDate": "2013-10-01",
  "year": 2013,
  "affectedGroup": "Additional otherwise-eligible syrian nationals and stateless persons last habitually resident in syria meeting the redesignation residence and physical-presence requirements",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.; 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…",
  "policyCategory": "Temporary humanitarian protection",
  "policyTool": "Tps extension and redesignation",
  "sourceName": "DHS/USCIS and Office of the Federal Register",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2013-06-17/html/2013-14101.htm",
  "preciseCitation": "DHS/USCIS, Extension and Redesignation of Syria for Temporary Protected Status, 78 FR 36223–36229, FR Doc 2013-14101, June 17, 2013.",
  "evidencePassage": "Federal Register, Volume 78 Issue 116 (Monday, June 17, 2013) [Federal Register Volume 78, Number 116 (Monday, June 17, 2013)] [Notices] [Pages 36223-36229] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2013-14101] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2535-13; DHS Docket No. USCIS-2013-0001] RIN 1615-ZB22 Extension and Redesignation of Syria for Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the existing designation of Syria for Temporary Protected Status (TPS) for 18 months, from October 1, 2013 through March 31, 2015, and redesignating Syria for TPS for 18 months, effective October 1, 2013 through March 31, 2015. The extension allows currently eligible TPS beneficiaries to retain TPS through March 31, 2015 so long as they otherwise continue to meet the terms and conditions of TPS status. The redesignation of Syria allows additional individuals who have been continuously residing in the United States since June 17, 2013 to obtain TPS, if otherwise eligible. The Secretary has determined that an extension and redesignation are warranted because the extraordinary and temporary conditions in Syria that prompted the 2012 TPS designation have not only persisted, but have deteriorated, and because there is now an on- going armed conflict in Syria that would pose a serious threat to the personal safety of Syrian nationals if they were required to return to their country. Through this Notice, DHS also sets forth procedures necessary for nationals of Syria (or aliens having no nationality who last habitually resided in Syria) either to: (1) Re-register under the extension if they already have TPS and to apply for renewal of their Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS); or (2) submit an initial registration application under the redesignation and apply for an EAD. For individuals who have already been granted TPS under the original Syria designation, the 60-day re-registration period runs from June 17, 2013 through August 16, 2013. USCIS will issue new EADs with a March 31, 2015 expiration date to eligible Syrian TPS beneficiaries who timely re-register [[Page 36224]] and apply for EADs under this extension. Under the redesignation, individuals who currently do not have TPS (or an initial TPS application pending) may submit an initial application during the 180-day initial registration period that runs from June 17, 2013 through December 16, 2013. In addition to demonstrating continuous residence in the United States since June 17, 2013 … other eligibility criteria, initial applicants for TPS under this redesignation must demonstrate that they have been continuously physically present in the United States since October 1, 2013, the effective date of the redesignation of Syria, before USCIS can finally grant them TPS. TPS applications that were filed during the original Syria designation that opened on March 29, 2012, and remain pending on June 17, 2013 will be treated as initial applications under the redesignation. Therefore, individuals who have a pending TPS application will not need to file a new Application for Temporary Protected Status (Form I-821). DHS provides additional instructions in this Notice for individuals whose TPS applications remain pending and who would like to obtain an EAD valid through March 31, 2015. DATES: Extension of Designation of Syria for TPS: The 18-month extension of the TPS designation of Syria is effective October 1, 2013, and will remain in effect through March 31, 2015. The 60-day re- registration period runs from June 17, 2013 through August 16, 2013. Redesignation of Syria for TPS: The redesignation of Syria for TPS is effective October 1, 2013, and will remain in effect through March 31, 2015, a period of 18 months. The 180-day initial registration period for new applicants under the Syria TPS redesignation runs from June 17, 2013 through December 16, 2013. Further Information For further information on TPS, including guidance on the application process and additional information on eligibility, please visit the USCIS TPS Web page at http://www.uscis.gov/tps. You can find specific information about this extension and redesignation of Syria for TPS by selecting ``TPS Designated Country: Syria'' from the menu on the left of the TPS Web page. You can also contact the TPS Operations Program Manager at the Family and Status Branch, Service Center Operations Directorate, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue NW., Washington, DC 20529-2060; or by phone at (202) 272-1533 (this is not a toll-free number). Note: The phone number provided here is solely for questions regarding this TPS Notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases can check Case Status Online, available at the USCIS Web site at http://www.uscis.gov, or call the USCIS National Customer Service Center at 800-375-5283 (TTY 800-767-1833). Service is available in English and Spanish. Further information will also be available at local USCIS offices upon publication of this Notice. SUPPLEMENTARY INFORMATION: Table of Abbreviations BIA--Board of Immigration Appeals DHS--Department of Homeland Security DOS--Department of State EAD--Employment Authorization Document FSA--Free Syrian Army Government--U.S. Government IDP--Internally Displaced Persons IJ--Immigration Judge INA--Immigration and Nationality Act OSC--U.S. Department of Justice, Offi",
  "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-9cc9d7c33abb8b283deaa0fb",
  "countryCode": "US",
  "country": "United States",
  "title": "State and DHS jointly decide armed-forces visa and passport waivers",
  "policyEffect": "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.",
  "operativeDate": "2014-04-08",
  "year": 2014,
  "affectedGroup": "Members of armed forces and coast guards of foreign countries",
  "materialConditionsAndExceptions": "Recorded validated scope: 22 CFR Part 41.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2014/04/08/2014-07866/visas-waiver-by-joint-action-of-visa-and-passport-requirements-for-members-of-armed-forces-and-coast",
  "preciseCitation": "",
  "evidencePassage": "Guards of Foreign Countries AGENCY: Department of State. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of State is amending its regulations regarding the waiver by joint action of consular and immigration officers of visa and passport requirements for members of foreign armed forces and coast guards. Specifically, the regulation, as amended, removes the current list of countries whose armed forces members are ineligible for a such a waiver, and provides that, in every case, when entry of foreign armed forces and coast guard members is proposed under arrangements made with the appropriate military authorities of the United States and after coordination within the U.S. Government by those U.S. military authorities, the Department of Homeland Security and the Department of State will jointly decide whether to approve waiver of the visa and/or passport requirements. DATES: Effective Date: This rule becomes effective April 8, 2014. FOR FURTHER INFORMATION CONTACT: Jennifer Liu, Legislation and Regulations Division, Legal Affairs, Office of Visa Services, Bureau of Consular Affairs, Department of State, 600 19th Street NW",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-i693-validity-20140601",
  "countryCode": "US",
  "country": "United States",
  "title": "Medical examination reports limited to one year from submission",
  "policyEffect": "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.",
  "operativeDate": "2014-06-01",
  "year": 2014,
  "affectedGroup": "Applicants relying on form i-693 for an immigration benefit",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Health-related admissibility",
  "policyTool": "Medical examination requirements",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20140530-I-693Validity.pdf",
  "preciseCitation": "USCIS Policy Alert PA-2014-005",
  "evidencePassage": "r admissibility purposes as long as the form was reviewed within one year from the date of the civil surgeon’s signature. In 2002, USCIS (then legacy INS), in consultation with the Centers for Disease Control and Prevention (CDC), extended the validity of the civil surgeon endorsement on Form I-693 beyond the one- year threshold in certain circumstances. The extension has been continuously renewed on an annual basis since 2002. In response to concerns raised by CDC, USCIS is revising its policy relating to the validity of the medical examination report submitted by the applicant, to include di … scontinuing the annual extension policy. The revised policy becomes effective on June 1, 2014, and applies to any Form I-693 supporting a benefit application adjudicated on or after that date. Policy Highlights  Limits the validity period of Form I-693 to one year from time of submission to USCIS.  Provides guidance on filing the Form I-693, to include guidance on concurrent and subsequent filings prior to the adjudication of the benefit application. Citation Volume 8: Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 4, Review of Medical Examination Documentation",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-60677f5e9437ec434f9465e0",
  "countryCode": "US",
  "country": "United States",
  "title": "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.",
  "policyEffect": "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.",
  "operativeDate": "2014-06-05",
  "year": 2014,
  "affectedGroup": "Parent of a current u.s. citizen, or the parent of a former u.s. citizen",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2014/06/05/2014-13091/visas-documentation-of-immigrants-under-the-immigration-and-nationality-act-as-amended",
  "preciseCitation": "",
  "evidencePassage": "Department of State. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Violence Against Women and Department of Justice Reauthorization Act of 2005, the Department of State amends the immigrant visa classification table listed in the Department's regulations to add a symbol for an immigrant visa issued to to an alien who: is the parent of a current U.S.citizen, or the parent of a former U.S. citizen who, within the two-year period prior to filing the petition, lost or renounced U.S. citizenship status related to an incident of domestic … Pub. L. 111-287; 8 U.S.C. 1101, 124 Stat. 3058; 8 U.S.C. 1154, Pub. Law 109-162. 0 2. Section 42.11 is amended by adding an entry for ``IB5'' after ``IB3'' under ``Immediate Relatives'' in the ``Immigrants'' table to read as follows: Sec. 42.11 Classification symbols. * * * * * Immigrants ---------------------------------------------------------------------------------------------------------------- Symbol Class Section of law ---------------------------------------------------------------------------------------------------------------- Immediate Relatives ...................................... * * * * * * * IB5............................................ Self-petition Parent of U.S. Citizen.. 204(a)(1)(A)(vii) * * * * * * * ---------------------------------------------------------------------------------------------------------------- Dated: May 12, 2014. Michele T. Bond, Acting Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 2014-13091 Filed 6-4-14; 8:45 am] BILLING CODE 4710-06-P",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recall-52c5ea11a6bae076a3bc",
  "countryCode": "US",
  "country": "United States",
  "title": "An additional 1,000 Afghan Special Immigrant Visas authorized",
  "policyEffect": "Authorized an additional 1,000 principal aliens to be granted Afghan Special Immigrant Visa status between the date of enactment and December 31, 2014.",
  "operativeDate": "2014-08-08",
  "year": 2014,
  "affectedGroup": "Principal Afghan Special Immigrant Visa applicants under the statutory program",
  "materialConditionsAndExceptions": "Validated condition or limit: The extra allocation covered 1,000 principal applicants only during the period from 8 August through 31 December 2014.",
  "policyCategory": "Eligibility",
  "policyTool": "Statute",
  "sourceName": "congress.gov",
  "sourceUrl": "https://congress.gov/113/plaws/publ160/PLAW-113publ160.pdf",
  "preciseCitation": "Public Law 113-160; operative 2014-08-08.",
  "evidencePassage": "128 STAT. 1853PUBLIC LAW 113–160—AUG. 8, 2014 Public Law 113–160 113th Congress An Act To provide additional visas for the Afghan Special Immigrant Visa Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF AFGHAN SPECIAL IMMIGRANT PROGRAM. Section 602(b)(3) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended by adding at the end the following: ‘‘(E) SPECIAL RULE FOR END OF CALENDAR YEAR 2014.— ‘‘(i) IN GENERAL.—During the period beginning on the date of the enactment of this subparagraph and ending on December 31, 2014, an additional 1,000 prin- cipal aliens may be provided special immigrant status under this section. For purposes of status provided under this subparagraph— ‘‘(I) the period during which an alien must have been employed in accordance with paragraph (2)(A)(ii) must terminate on or before December 31, 2014; ‘‘(II) the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) not later than December 31, 2014; and ‘‘(III) the authority to provide such status shall terminate on December 31, 2014. ‘‘(ii) CONSTRUCTION.—Clause (i) shall not be con- strued to affect the authority, numerical limitations, or terms for provision of status, under subparagraph (D).’’. SEC. 2. TEMPORARY FEE INCREASE FOR CERTAIN CONSULAR SERV- ICES. (a) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of State, not later than January 1, 2015, shall increase the fee or surcharge authorized under section 140(a) o",
  "reviewMethod": "Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-782b6b2615f5259e53e5",
  "countryCode": "US",
  "country": "United States",
  "title": "Designation of Guinea for Temporary Protected Status",
  "policyEffect": "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).",
  "operativeDate": "2014-11-21",
  "year": 2014,
  "affectedGroup": "Guinean nationals (and aliens having no nationality who last habitually resided in guinea) who have continuously resided in the united states since november 20, 2014 and been continuously physically present in the united states since november 21, 2014",
  "materialConditionsAndExceptions": "Validated condition or limit: 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).",
  "policyCategory": "Not stated",
  "policyTool": "Not stated",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2014/11/21/2014-27770.txt",
  "preciseCitation": "",
  "evidencePassage": "During the TPS designation period, TPS beneficiaries are eligible to remain in the United States, may not be removed, and are authorized to work and to obtain EADs, so long as they continue to meet the requirements of TPS. … This designation of Guinea for TPS is effective on November 21, 2014 and will remain in effect through May 21, 2016. … This designation allows eligible Guinean nationals (and aliens having no nationality who last habitually resided in Guinea) who have continuously resided in the United States since November 20, 2014 and been continuously physically present in the United States since November 21, 2014 to be granted TPS. … To register for TPS for Guinea, an applicant must submit each of the following two applications: 1. Application for Temporary Protected Status (Form I-821) with the form fee; and 2. Application for Employment Authorization (Form I-765). … The 180-day registration period for eligible individuals to submit TPS applications begins November 21, 2014, and will remain in effect through May 20, 2015.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "repair-db054204d5f99836da19",
  "countryCode": "US",
  "country": "United States",
  "title": "Five countries added to H-2A and H-2B eligible country list",
  "policyEffect": "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.",
  "operativeDate": "2015-01-18",
  "year": 2015,
  "affectedGroup": "Nationals of the Czech Republic, Denmark, Madagascar, Portugal, and Sweden seeking H-2A or H-2B status",
  "materialConditionsAndExceptions": "Effective January 18, 2015 for a period of one year. Does not affect aliens who currently hold valid H-2A or H-2B status unless seeking an extension of stay or change of status.",
  "policyCategory": "Eligibility",
  "policyTool": "Notice",
  "sourceName": "Federal Register / Vol. 79, No. 241 / Notices",
  "sourceUrl": "https://govinfo.gov/content/pkg/FR-2014-12-16/pdf/2014-29353.pdf",
  "preciseCitation": "79 FR 74735, 74736",
  "evidencePassage": "In consideration of all of the above, this notice designates for the first time the Czech Republic, Denmark, Madagascar, Portugal, and Sweden as countries whose nationals are eligible to participate in the H–2A and H–2B programs. VerDate Sep<11>2014 19:38 Dec 15, 2014 Jkt 235001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\16DEN1.SGM 16DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 74736 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices Designation of Countries Whose Nationals Are Eligible To Participate in the H–2A and H–2B Nonimmigrant Worker Programs Pursuant to the authority provided to the Secretary of Homeland Security under sections 214(a)(1), 215(a)(1), and 241 of the Immigration and Nationality Act (8 U.S.C. 1184(a)(1), 1185(a)(1), and 1231), I am designating, with the concurrence of the Secretary of State, nationals from the following countries to be eligible to participate in the H–2A and H–2B nonimmigrant worker programs: Argentina Australia Austria Barbados Belize Brazil Bulgaria Canada Chile Costa Rica Croatia Czech Republic Denmark Dominican Republic Ecuador El Salvador Estonia Ethiopia Fiji Grenada Guatemala Haiti Honduras Hungary Iceland Ireland Israel Italy Jamaica Japan Kiribati Latvia Lithuania Macedonia Madagascar Mexico Moldova Montenegro Nauru The Netherlands Nicaragua New Zealand Norway Panama Papua New Guinea Peru The Philippines Poland Portugal Romania Samoa Serbia Slovakia Slovenia Solomon Islands South Africa South Korea Spain Sweden Switzerland Thailand Tonga Turkey Tuvalu Ukraine United Kingdom Uruguay Vanuatu This notice does not affect the status of aliens who currently hold valid H–2A or H–2B nonimmigrant status. Persons currently holding such status, however, will be affected by this notice should they seek an extension of stay in H–2 classification, or a change of status from one H–2 status to another. Similarly, persons holding nonimmigrant status other than H–2 status are not affected by this notice unless they seek a change of status to H–2 status. Nothing in this notice limits the authority of the Secretary of Homeland Security or his or her designee or any other federal agency to invoke against any foreign country or its nationals any other remedy, penalty, or enforcement action available by law. Jeh Charles Johnson, Secretary. [FR Doc. 2014–29353 Filed 12–15–14; 8:45 am] BILLING CODE 9110–9M–P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary [Docket No. DHS–2014–0068] Privacy Act of 1974; Department of Homeland Security/United States Coast Guard—002 Employee Assistance Program Records System of Records AGENCY: Privacy Office, Department of Homeland Security. ACTION: Notice of Privacy Act System of Records. SUMMARY: In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue a current Department of Homeland Security system of records titled, ‘‘Department of Homeland Security/United States Coast Guard Employee Assistance Program Records System of Records.’’ This system of records allows the Department of Homeland Security/United States Coast Guard to administer the United States Coast Guard Employee Assistance Program for military personnel. As a result of the biennial review of this system, the system manager and address category has been updated. Additionally, this notice includes non- substantive changes to simplify the formatting and text of the previously published notice. This updated system will be included in the Department of Homeland Security’s inventory of record systems. DATES: Submit comments on or before January 15, 2015. This updated system will be effective January 15, 2015. ADDRESSES: You may submit comments, identified by docket number DHS– 2014–0068 by one of the following methods: • Federal e-Rulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–343–4010. • Mail: Karen L. Neuman, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Docket: For access to the docket to read background documents or comments received, please visit http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: For general questions, please contact: Marilyn Scott-Perez (202) 475–3515, Privacy Officer, Commandant (CG–61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593. For privacy questions, please contact: Karen L. Neuman, (202) 343–1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: I. Background In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the Department of Homeland Security (DHS) United States Coast Guard (USCG) proposes to update and reissue a current DHS system of records titled, ‘‘DHS/United States Coast Guard—002 Employee Assistance Program Records System of Records.’’ The collection and maintenance of this information will allow the DHS/USCG to administer the United States Coast Guard Employee Assistance Program for military personnel. As a result of a biennial review of the system, the system manager and address category",
  "reviewMethod": "Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-b29f1dbee46e7998bfd3",
  "countryCode": "US",
  "country": "United States",
  "title": "Syria TPS redesignation expands eligibility",
  "policyEffect": "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.",
  "operativeDate": "2015-04-01",
  "year": 2015,
  "affectedGroup": "Eligible syrian nationals and stateless persons who last habitually resided in syria",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Asylum or protection",
  "policyTool": "Eligibility",
  "sourceName": "US Department of Homeland Security / Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2015/01/05/2014-30871.txt",
  "preciseCitation": "Extension and Redesignation of the Syrian Arab Republic for Temporary Protected Status",
  "evidencePassage": "Arab Republic for Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of the Syrian Arab Republic (Syria) for Temporary Protected Status (TPS) for 18 months, from April 1, 2015 through September 30, 2016, and redesignating Syria for TPS for 18 months, effective April 1, 2015 through September 30, 2016. The extension allows currently eligible TPS beneficiaries to retain TPS through September 30, 2016, so long as they otherwise continue to meet the eligibility requirements for TPS. The redesignation of Syria allows additional individuals who have been continuously residing in the United States since January 5, 2015 to obtain TPS, if otherwise eligible. The Secretary has determined that an extension of the current designation and a redesignation of Syria for TPS are warranted because the ongoing armed conflict and other extraordinary and temporary conditions that prompted the 2013 … effect through September 30, 2016. The 60-day re- registration period runs from January 5, 2015 through March 6, 2015. Redesignation of Syria for TPS: The redesignation of Syria for TPS is effective April 1, 2015, and will remain in effect through September 30, 2016, a period of 18 months. The 180-day initial registration period for new applicants under the Syria TPS redesignation runs from January 5, 2015 through July 6, 2015. FOR FURTHER INFORMATION CONTACT: <bullet> For further information on TPS, including guidance on the application process and additional information on eligibility, please … , 8 U.S.C. 1254a(b)(1), authorizes the Secretary, after consultation with appropriate U.S. Government (Government) agencies, to designate a foreign state (or part thereof) for TPS if the Secretary finds that certain country conditions exist.\\1\\ The Secretary may then grant TPS to eligible nationals of that foreign state (or aliens having no nationality who last habitually resided in that state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A). --------------------------------------------------------------------------- \\1\\ As of March 1, 2003, in accordance with section 1517 of title XV of",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-9e89824743487ad4d1e0",
  "countryCode": "US",
  "country": "United States",
  "title": "Temporary Non-Agricultural Employment of H-2B Aliens in the United States",
  "policyEffect": "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.",
  "operativeDate": "2015-04-29",
  "year": 2015,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Work authorization",
  "policyTool": "Eligibility",
  "sourceName": "govinfo.gov",
  "sourceUrl": "https://govinfo.gov/app/details/FR-2015-04-29/2015-09694",
  "preciseCitation": "govinfo.gov. Temporary Non-Agricultural Employment of H-2B Aliens in the United States.; 80 FR 24042; FR Doc. 2015-09694",
  "evidencePassage": "This interim final rule is effective April 29, 2015.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-030cc816e6c2c849cf31",
  "countryCode": "US",
  "country": "United States",
  "title": "Employment Authorization for Certain H-4 Dependent Spouses",
  "policyEffect": "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.",
  "operativeDate": "2015-05-26",
  "year": 2015,
  "affectedGroup": "An h-4 nonimmigrant spouse of an h-1b nonimmigrant may be eligible for employment authorization only if the h-1b nonimmigrant is the beneficiary of an approved immigrant petition for alien worker, or successor form, or the h-1b nonimmigrant's period of stay in h-1b status is authorized in the united states under sections 106(a) and (b) of the american competitiveness in the twenty-first century act of 2000 (ac21)",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Work authorization",
  "policyTool": "Eligibility",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2015/02/25/2015-04042/employment-authorization-for-certain-h-4-dependent-spouses",
  "preciseCitation": "",
  "evidencePassage": "This final rule amends Department of Homeland Security (“DHS” or “Department”) regulations by extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (“LPR”) status. … An H-4 nonimmigrant spouse of an H-1B nonimmigrant may be eligible for employment authorization only if the H-1B nonimmigrant is the beneficiary of an approved Immigrant Petition for Alien Worker, or successor form, or the H-1B nonimmigrant's period of stay in H-1B status is authorized in the United States under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), Public Law 106-313, as amended by the 21st Century Department of Justice Appropriations Authorization Act, Public Law 107-273 (2002). … To request employment authorization, an eligible H-4 nonimmigrant spouse must file an Application for Employment Authorization, or a successor form, in accordance with 8 CFR 274a.13 and the form instructions. … An Application for Employment Authorization must be accompanied by documentary evidence establishing eligibility, including evidence of the spousal relationship and that the principal H-1B is the beneficiary of an approved Immigrant Petition for Alien Worker or has been provided H-1B status under sections 106(a) and (b) of AC21, as amended by the 21st Century Department of Justice Appropriations Authorization Act, the H-1B beneficiary is currently in H-1B status, and the H-4 nonimmigrant spouse is currently in H-4 status.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recall-819e066df2d28df72879",
  "countryCode": "US",
  "country": "United States",
  "title": "Nepal designated for Temporary Protected Status",
  "policyEffect": "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.",
  "operativeDate": "2015-06-24",
  "year": 2015,
  "affectedGroup": "Eligible Nepal nationals already resident in the United States under the notice's cutoff rules",
  "materialConditionsAndExceptions": "Validated condition or limit: The initial designation ran for 18 months, from 24 June 2015 through 24 December 2016, and allowed qualifying beneficiaries to seek employment authorization.",
  "policyCategory": "New pathway",
  "policyTool": "Executive Instrument",
  "sourceName": "govinfo.gov",
  "sourceUrl": "https://govinfo.gov/app/details/FR-2015-06-24/2015-15576",
  "preciseCitation": "80 FR 36346; operative 2015-06-24.",
  "evidencePassage": "--- title: \"80 FR 36346 - Designation of Nepal for Temporary Protected Status - Content Details - 2015-15576\" meta: author: description: \"og:description\": \"Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has designated Nepal for Temporary Protected Status (TPS) for a period of 18 months, effective June 24, 2015 through December 24, 2016. Under section 244(b)(1)(B) of the Immigration and Nationality Act (INA), 8 U.S.C. 1254a(b)(1)(B), the Secretary is authorized to designate a foreign state (or any part thereof) for TPS upon finding that the foreign state has experienced an earthquake resulting in a substantial, but temporary, disruption of living conditions. This designation allows eligible Nepalese nationals (and aliens having no nationality who last habitually resided in Nepal) who have continuously resided in the United States since June 24, 2015, and have been continuously physically present in the United States since June 24, 2015 to be granted TPS. This Notice also describes the other eligibility criteria applicants must meet. Individuals who believe they may qualify for TPS under this designation may apply within the 180-day registration period that begins on June 24, 2015 and ends on December 21, 2015. They may",
  "reviewMethod": "Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-d6876d13dc3c9c912fca",
  "countryCode": "US",
  "country": "United States",
  "title": "Mandatory H-1B Amended Petition Requirement for Geographic Worksite Relocations (Matter of Simeio Solutions, LLC)",
  "policyEffect": "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.",
  "operativeDate": "2015-07-21",
  "year": 2015,
  "affectedGroup": "H-1b employers and specialty occupation nonimmigrant workers",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Labour migration / temporary high-skilled work",
  "policyTool": "Obligations / mandatory petition amendment & compliance",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://uscis.gov/archive/final-guidance-on-when-to-file-an-amended-or-new-h-1b-petition-after-matter-of-simeio-solutions-llc",
  "preciseCitation": "USCIS Policy Memorandum PM-602-0120, Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC (July 21, 2015)",
  "evidencePassage": "This decision represents the USCIS position that H-1B petitioners are required to file an amended or new petition before placing an H-1B employee at a new place of employment not covered by an existing, approved H-1B petition. On May 21, 2015, USCIS issued draft guidance on this topic and solicited public comment regarding the implementation of Simeio. After reviewing and carefully considering the feedback submitted, USCIS is now issuing Policy Memorandum 602-0120, USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC .",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-5ab65a4c9af3bad4b05a",
  "countryCode": "US",
  "country": "United States",
  "title": "BIA Precedent on Subsequent Asylum Filings and REAL ID Act Applicability (Matter of M-A-F-)",
  "policyEffect": "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.",
  "operativeDate": "2015-08-21",
  "year": 2015,
  "affectedGroup": "Asylum seekers with amended or renewed applications",
  "materialConditionsAndExceptions": "Validated condition or limit: 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).",
  "policyCategory": "Asylum or protection / adjudication standards",
  "policyTool": "Legal interpretation / credibility standards & filing date determination",
  "sourceName": "justice.gov",
  "sourceUrl": "https://justice.gov/eoir/file/762676/dl?inline=",
  "preciseCitation": "Matter of M-A-F-, 26 I&N Dec. 651 (BIA 2015)",
  "evidencePassage": "(1) Where an applicant has filed an asylum application before the May 11, 2005, effective date of the REAL ID Act of 2005, Division B of Pub. L. No. 109-13, 119 Stat. 302, and, on or after that date, submitted a subsequent application that is properly viewed as a new application, the later filing date controls for purposes of determining the applicability of section 208(b)(1)(B)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1158(b)(1)(B)(iii) (2012), to credibility determinations. (2) A subsequent asylum application is properly viewed as a new application if it presents a previously unraised basis for relief or is predicated on a new or substantially different factual basis.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-37cdcfb3705c96eaca30",
  "countryCode": "US",
  "country": "United States",
  "title": "USCIS Binding Adjudication Guidance on L-1B Specialized Knowledge Classification",
  "policyEffect": "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.",
  "operativeDate": "2015-08-31",
  "year": 2015,
  "affectedGroup": "Multinational employers and specialized knowledge foreign intracompany transferees (l-1b)",
  "materialConditionsAndExceptions": "Validated condition or limit: applies to all L-1B petitions pending or filed on or after August 31, 2015.",
  "policyCategory": "Labour migration / legal migration",
  "policyTool": "Adjudication criteria / binding administrative guidance",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://uscis.gov/archive/updated-policy-memorandum-on-l-1b-visa-petition-adjudications",
  "preciseCitation": "U.S. Citizenship and Immigration Services, Policy Memorandum: Updated Policy Memorandum on L-1B Visa Petition Adjudications (PM-602-0111 / AFM Update AD 15-07), published March 24, 2015, effective August 31, 2015.",
  "evidencePassage": "It will go into effect on August 31, 2015. It provides guidance to USCIS officers in adjudicating petitions filed by multinational companies seeking to temporarily transfer employees who possess “specialized knowledge” from their foreign operations to their operations in the United States. The updated policy memorandum clarifies for adjudicators how L-1B petitioners may demonstrate that an employee possesses specialized knowledge.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-0e653ed52b58340a29bc",
  "countryCode": "US",
  "country": "United States",
  "title": "Implementation of Dual-Chart Immigrant Visa Filing System ('Dates for Filing' vs. 'Final Action Dates')",
  "policyEffect": "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.",
  "operativeDate": "2015-10-01",
  "year": 2015,
  "affectedGroup": "Employment-based and family-sponsored immigrant visa applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Legal immigration / permanent residence / status adjustment",
  "policyTool": "Filing channel / application intake window expansion",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://uscis.gov/archive/dos-publishes-updated-visa-bulletin-for-october-2015",
  "preciseCitation": "USCIS, DOS Publishes Updated Visa Bulletin for October 2015 (Sept. 25, 2015)",
  "evidencePassage": "System for the 21st century (PDF), issued in July 2015. What is Changing Two charts per visa preference category will be posted in the DOS Visa Bulletin: Application Final Action Dates (dates when visas may finally be issued); and Dates for Filing Applications (earliest dates when applicants may be able to apply). Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status. To determine whether additional visas",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-bcb17f8367aa6e1296bd3262",
  "countryCode": "US",
  "country": "United States",
  "title": "Administrative Processing of Request for Certificate of Loss of Nationality Fee Expansion",
  "policyEffect": "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.",
  "operativeDate": "2015-11-09",
  "year": 2015,
  "affectedGroup": "U.s. nationals who relinquish nationality under 8 u.s.c. 1481(a)(1) to 1481(a)(4) or 1481(a)(5)",
  "materialConditionsAndExceptions": "Recorded validated scope: Fee for Certificate of Loss of Nationality processing.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2015/09/08/2015-22054.txt",
  "preciseCitation": "",
  "evidencePassage": "The rule also 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. … Section 22.1, Item 8 becomes effective November 9, 2015. … The fee will be applied to cover not only services to U.S. nationals (i.e., U.S. citizens and non- citizen nationals) who relinquish nationality by taking the oath of renunciation under 8 U.S.C. 1481(a)(5), but also to cover services to U.S. nationals who relinquish nationality under 8 U.S.C. 1481(a)(1) to 1481(a)(4) or any earlier-in-time relinquishment statutes administered by the Department of State and request a Certificate of Loss of Nationality. … The fee would be collected from an individual claiming to have relinquished nationality at the time that person requests the Certificate of Loss of Nationality (that is, after completing Form DS- 4079 and signing before a consular officer Part II of Form DS-4079 entitled ``Statement of Voluntary Relinquishment of U.S. Citizenship'').",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-e3b18baaf35770c0d4ab",
  "countryCode": "US",
  "country": "United States",
  "title": "Implementation of visa-waiver restrictions for specified nationality and travel histories",
  "policyEffect": "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.",
  "operativeDate": "2016-01-21",
  "year": 2016,
  "affectedGroup": "Vwp-country nationals with the specified dual nationality or travel history, subject to statutory exceptions and individual waivers",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "U.S. Department of State and Customs and Border Protection",
  "sourceUrl": "https://2009-2017.state.gov/r/pa/prs/ps/2016/01/251577.htm",
  "preciseCitation": "",
  "evidencePassage": "Washington, DC January 21, 2016 The United States today began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). U.S. Customs and Border Protection (CBP) welcomes more than a million passengers arriving to the United States every day and is committed to facilitating legitimate travel while maintaining the highest standards of security and border protection. Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP): Nationals of VWP … countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country). Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria. These individuals will still be able to apply for a visa using the regular immigration process at our embassies or consulates. For those who need a U.S. visa for urgent business, medical, or humanitarian travel to the United States, U.S. embassies and consulates stand ready to process applications on an expedited basis. Beginning January 21, 2016, travelers who currently have valid Electronic System for Travel Authorizations (ESTAs) and who have previously indicated holding dual nationality with one of the four countries listed above on their ESTA applications will have their current ESTAs revoked. Under the new law, the Secretary of Homeland Security may waive these restrictions if he determines that such a waiver is in the law enforcement or national security interests of the United States. Such waivers will be granted only on a case-by-case basis. As a general matter, categories of travelers",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-medical-disease-removal-20160328",
  "countryCode": "US",
  "country": "United States",
  "title": "Three diseases removed from health-related inadmissibility grounds",
  "policyEffect": "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.",
  "operativeDate": "2016-03-28",
  "year": 2016,
  "affectedGroup": "Applicants assessed for health-related immigration inadmissibility",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Health-related admissibility",
  "policyTool": "Medical examination requirements",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20161102-MedicalConditions.pdf",
  "preciseCitation": "USCIS Policy Alert PA-2016-07",
  "evidencePassage": "ventable diseases.  Updates the definition of a Class B condition to “health conditions, diseases, or disability serious in degree or permanent in nature.”  Updates the definition of physical and mental disorders with associated harmful behavior and the definition of drug abuse and drug addiction.  Removes 3 medical conditions (chancroid, granuloma inguinale, and lymphogranuloma venereum) from the list of communicable diseases of public health significance that would render an applicant for immigration benefits inadmissible on health-related grounds of inadmissibility. Citation Volume 8: Ad … und On January 26, 2016, HHS published the final rule updating HHS’s regulation. USCIS is updating its guidance in Volume 8, Part B of the Policy Manual to reflect the changes to the HHS regulation. The HHS final rule was effective on March 28, 2016. Accordingly, the updates made to the USCIS Policy Manual are effective as of March 28, 2016. The guidance contained in the Policy Manual is controlling and supersedes any prior guidance. Policy Highlights  Updates the definition of a Class A condition, to include failure to present documentation of having received vaccinations against vaccine pre",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-vwp-electronic-passport-20160401",
  "countryCode": "US",
  "country": "United States",
  "title": "Electronic passports required for Visa Waiver Program travel",
  "policyEffect": "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.",
  "operativeDate": "2016-04-01",
  "year": 2016,
  "affectedGroup": "Nationals of vwp countries seeking to travel under the visa waiver program",
  "materialConditionsAndExceptions": "Validated condition or limit: From April 1, 2016, nationals of Visa Waiver Program countries were required to possess an electronic passport to travel under the programme.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "U.S. Customs and Border Protection",
  "sourceUrl": "https://www.cbp.gov/travel/international-visitors/visa-waiver-program/visa-waiver-program-improvement-and-terrorist-travel-prevention-act-faq",
  "preciseCitation": "",
  "evidencePassage": "meet one of the new eligibility requirements established by the Act, you are ineligible for travel and admission to the United States under the VWP. You will be required to obtain a nonimmigrant visa. Waivers for a respondent’s travel history will not be adjudicated at the border through the I-94W. Are there new passport requirements for travel to the United States under the VWP? Yes. Effective April 1, 2016, all VWP country nationals must possess an electronic passport to travel to the United States under the VWP. If not in possession of an electronic passport, a valid nonimmigrant visa is r",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-e6b7dce16f01ff003ad4",
  "countryCode": "US",
  "country": "United States",
  "title": "Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students",
  "policyEffect": "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.",
  "operativeDate": "2016-05-10",
  "year": 2016,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Work authorization",
  "policyTool": "Eligibility",
  "sourceName": "govinfo.gov",
  "sourceUrl": "https://govinfo.gov/app/details/FR-2016-03-11/2016-04828",
  "preciseCitation": "govinfo.gov. Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students.; 81 FR 13040; 8 CFR Parts 214 and 274a (March 11, 2016)",
  "evidencePassage": "Specifically, the final rule allows such F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension). This 24-month extension effectively replaces the 17-month STEM OPT extension previously available to certain STEM students.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-0a36a8d22170f577e448",
  "countryCode": "US",
  "country": "United States",
  "title": "BIA Precedent Matter of M-H-Z- (No Duress Exception to Material Support Bar)",
  "policyEffect": "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.",
  "operativeDate": "2016-06-09",
  "year": 2016,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Asylum or protection",
  "policyTool": "Legal interpretation",
  "sourceName": "justice.gov",
  "sourceUrl": "https://justice.gov/eoir/file/865856/dl?inline=",
  "preciseCitation": "Matter of M-H-Z-, 26 I&N Dec. 757 (BIA 2016)",
  "evidencePassage": "Cite as 26 I&N Dec. 757 (BIA 2016) Interim Decision #3864 Matter of M-H-Z-, Respondent Decided June 9, 2016 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals The “material support bar” in section 212(a)(3)(B)(iv)(VI) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(3)(B)(iv)(VI) (2012), does not include an implied exception for an alien who has provided material support to a terrorist organization under duress. FOR RESPONDENT: Anne Pilsbury, Esquire, Brooklyn, New York FOR THE DEPARTMENT OF HOMELAND SECURITY: Anne Gannon, Senior Attorney … iv)(VI) of the Act, 8 U.S.C. § 1182(a)(3)(B)(iv)(VI) (2012), includes an implied exception for an alien who has provided material support to a terrorist organization under duress. III. ANALYSIS The respondent has not challenged the Immigration Judge’s factual findings regarding the circumstances surrounding her support to the FARC, but she argues that she was not accountable for her actions because she was under duress, namely the threat of death. She therefore asserts that she should be exempt from the provisions of the “material support bar.” We disagree. Section 212(a)(3)(B)(iv)(VI) of the Act … and is barred from 1 The DHS has not appealed that determination by the Immigration Judge. 759 Cite as 26 I&N Dec. 757 (BIA 2016) Interim Decision #3864 establishing eligibility for asylum and for withholding of removal under the Act and the Convention Against Torture. Sections 208(b)(2)(A)(v), 241(b)(3)(B)(iv) of the Act; 8 C.F.R. § 1208.16(d)(2); see also Matter of S-K-, 24 I&N Dec. 289, 290 (A.G. 2007; BIA 2006). Thus, under these provisions, any alien who has provided material support to a terrorist organization is subject to the “material support bar.” Ay v. Holder, 743 F.3d 317, 319 (2d Cir … duress does not excuse the majority of acts listed in the definition of ‘terrorist activity,’” such as murder). In drafting the terrorism bar for providing material support, Congress gave no indication that it intended to narrow the statutory definition by including an implied exception for duress or coercion. See Matter of S-K-, 23 I&N Dec. at 941 (finding that “Congress intentionally drafted the terrorist bars to relief very broadly, . . . and it did not intend to give us discretion to create exceptions”). Accordingly, we hold that the material support bar in section 212(a)(3)(B)(iv)(VI) of the … Act includes no exception for duress. See Sesay, 787 F.3d at 224 (“To read the statute in any other way . . . would contravene unambiguous legislative intent.”). Therefore, absent a waiver, an alien who affords material support to a terrorist organization is inadmissible and statutorily barred from establishing eligibility for asylum and for withholding of removal under the Act and the Convention Against Torture, even if such support was provided under duress. The Second Circuit has affirmed our determination that the respondent “provided material support to a terrorist organization” based on",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-0d9abbc51952944ab623",
  "countryCode": "US",
  "country": "United States",
  "title": "Extension of TPS and Employment Authorization for Honduras and Nicaragua",
  "policyEffect": "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.",
  "operativeDate": "2016-07-06",
  "year": 2016,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Asylum or protection",
  "policyTool": "Eligibility",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://uscis.gov/i-9-central/form-i-9-related-news/policy-related-news-archive/tps-designation-eads-extended-for-honduras-and-nicaragua",
  "preciseCitation": "USCIS Policy-Related News, TPS Designation, EADs Extended for Honduras and Nicaragua",
  "evidencePassage": "The Secretary of the Department of Homeland Security (DHS) has extended the Temporary Protected Status (TPS) designation for Honduras and Nicaragua for 18 months, from July 6, 2016 through January 5, 2018. The extension allows current TPS beneficiaries of Honduras and Nicaragua to re-register for TPS in accordance with the Federal Register notice. DHS has also automatically extended the validity of Employment Authorization Documents issued under the TPS designation of Honduras and Nicaragua for six months, through January 5, 2017.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-06c0147b5c351d900774",
  "countryCode": "US",
  "country": "United States",
  "title": "Expansion of Provisional Unlawful Presence Waivers of Inadmissibility",
  "policyEffect": "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.",
  "operativeDate": "2016-08-29",
  "year": 2016,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Admission",
  "policyTool": "Eligibility",
  "sourceName": "govinfo.gov",
  "sourceUrl": "https://govinfo.gov/app/details/FR-2016-07-29/2016-17934",
  "preciseCitation": "govinfo.gov. Expansion of Provisional Unlawful Presence Waivers of Inadmissibility.; 81 FR 50244; 8 CFR Part 212 (July 29, 2016)",
  "evidencePassage": "This final rule is effective August 29, 2016.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-c0ebdb9c4b41e4860387",
  "countryCode": "US",
  "country": "United States",
  "title": "Extension of the Designation of El Salvador for Temporary Protected Status",
  "policyEffect": "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.",
  "operativeDate": "2016-09-10",
  "year": 2016,
  "affectedGroup": "Tps beneficiaries / salvadoran nationals",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian protection",
  "policyTool": "Temporary relief from removal",
  "sourceName": "E-Verify / U.S. Department of Homeland Security",
  "sourceUrl": "https://e-verify.gov/about-e-verify/whats-new/tps-designation-eads-extended-for-el-salvador",
  "preciseCitation": "e-verify.gov, 'TPS Designation, EADs Extended for El Salvador', Aug. 1, 2016",
  "evidencePassage": "The Secretary of the Department of Homeland Security (DHS) has extended the Temporary Protected Status (TPS) designation for El Salvador for an additional 18 months, from September 10, 2016 through March 9, 2018. The extension allows current TPS beneficiaries of El Salvador to re-register for TPS in accordance with the Federal Register notice. DHS has also automatically extended the validity of Employment Authorization Documents issued under the TPS designation of El Salvador for six months, through March 9, 2017.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-2482bac51dcdcccce04f8f36",
  "countryCode": "US",
  "country": "United States",
  "title": "Automatic 6-month extension of DED-related EADs for eligible Liberians",
  "policyEffect": "DHS automatically extends the validity of DED-related EADs for 6 months, through March 31, 2017, for eligible Liberians covered under Deferred Enforced Departure.",
  "operativeDate": "2016-10-01",
  "year": 2016,
  "affectedGroup": "Liberian nationals (and persons without nationality who last habitually resided in liberia) who are physically present in the united states, have continuously resided in the united states since october 1, 2002, are under a grant of ded as of september 30, 2016, and held temporary protected status (tps) on september 30, 2007, subject to specified exclusions.",
  "materialConditionsAndExceptions": "Validated condition or limit: DHS automatically extends the validity of DED-related EADs for 6 months, through March 31, 2017, for eligible Liberians covered under Deferred Enforced Departure.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2016/09/30/2016-23798.txt",
  "preciseCitation": "",
  "evidencePassage": "through this Notice, DHS also automatically extends the validity of DED-related EADs for 6 months, through March 31, 2017 … The 6-month automatic extension of employment authorization for Liberians who are covered under DED, including the extension of their EADs as specified in this Notice, is effective on October 1, 2016, and expires on March 31, 2017. … The DED extension and the procedures for employment authorization in this Notice apply only to Liberian nationals (and persons without nationality who last habitually resided in Liberia) who: <bullet> Are physically present in the United States; <bullet> Have continuously resided in the United States since October 1, 2002; and <bullet> Are under a grant of DED as of September 30, 2016. … This automatic extension covers EADs issued on the Employment Authorization Document (Form I-766) bearing an expiration date of September 30, 2016. These EADs must also bear the notation ``A-11'' on the face of the card under ``Category.''",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "repair-156aa5711d7400c494ee",
  "countryCode": "US",
  "country": "United States",
  "title": "Syria Temporary Protected Status Redesignation",
  "policyEffect": "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.",
  "operativeDate": "2016-10-01",
  "year": 2016,
  "affectedGroup": "Syrian nationals and individuals without nationality who last habitually resided in Syria continuously residing in the United States since August 1, 2016",
  "materialConditionsAndExceptions": "Applicants must demonstrate continuous residence in the United States since August 1, 2016, continuous physical presence since October 1, 2016, apply during the 180-day initial registration period (August 1, 2016 through January 30, 2017), and satisfy standard statutory TPS eligibility criteria.",
  "policyCategory": "New pathway",
  "policyTool": "Executive Instrument",
  "sourceName": "govinfo.gov",
  "sourceUrl": "https://govinfo.gov/app/details/FR-2016-08-01/2016-17933",
  "preciseCitation": "81 FR 50533, Aug. 1, 2016",
  "evidencePassage": "The redesignation of Syria allows additional individuals who have been continuously residing in the United States since August 1, 2016 to obtain TPS, if otherwise eligible. The Secretary has determined that an extension of the current designation and a redesignation of Syria for TPS are warranted because the ongoing armed conflict and other extraordinary and temporary conditions that prompted the 2015 TPS redesignation have not only persisted, but have deteriorated, and because the ongoing armed conflict in Syria and other extraordinary and temporary conditions would pose a serious threat to the personal safety of Syrian nationals if they were required to return to their country. Through this Notice, DHS also sets forth procedures necessary for nationals of Syria (or aliens having no nationality who last habitually resided in Syria) either to: (1) Re-register under the extension if they already have TPS and to apply for renewal of their Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS); or, (2) submit an initial registration application under the redesignation and apply for an EAD.",
  "reviewMethod": "Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-deaaa2916252b7417422",
  "countryCode": "US",
  "country": "United States",
  "title": "BIA Binding Precedent on Frivolous Asylum Adjudication and Untimely Applications (Matter of M-S-B-)",
  "policyEffect": "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.",
  "operativeDate": "2016-12-13",
  "year": 2016,
  "affectedGroup": "Asylum applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Asylum and refugee protection / enforcement and inadmissibility",
  "policyTool": "Binding legal interpretation / precedent decision / frivolousness bar",
  "sourceName": "justice.gov",
  "sourceUrl": "https://www.justice.gov/eoir/page/file/917781/dl?inline=",
  "preciseCitation": "",
  "evidencePassage": "Decided December 13, 2016 … (1) An untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2012). … We hold that, absent contrary controlling authority, a time-barred asylum application may be determined to be frivolous where it contains a deliberate misrepresentation regarding the applicant’s date of entry that is material to the threshold question of the applicant’s eligibility to seek asylum.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-bb110ceb5e9ca1b9e6d7",
  "countryCode": "US",
  "country": "United States",
  "title": "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers",
  "policyEffect": "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.",
  "operativeDate": "2017-01-17",
  "year": 2017,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Work authorization",
  "policyTool": "Eligibility",
  "sourceName": "govinfo.gov",
  "sourceUrl": "https://govinfo.gov/app/details/FR-2016-11-18/2016-27540",
  "preciseCitation": "govinfo.gov. Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers.; 81 FR 82398",
  "evidencePassage": "This final rule is effective January 17, 2017.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-ce3f33ed6be451a05bb7",
  "countryCode": "US",
  "country": "United States",
  "title": "Executive Order 13767: Border Security and Immigration Enforcement Improvements",
  "policyEffect": "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).",
  "operativeDate": "2017-01-25",
  "year": 2017,
  "affectedGroup": "Irregular migrants / border crossers",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Border control / removal / detention / asylum procedure",
  "policyTool": "Physical barriers / mandatory detention / 287(g) agreements",
  "sourceName": "Executive Office of the President / Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2017/01/30/2017-02095/border-security-and-immigration-enforcement-improvements",
  "preciseCitation": "82 FR 8793 (Executive Order 13767)",
  "evidencePassage": "s southern border. Although Federal immigration law provides a robust framework for Federal-State partnership in enforcing our immigration laws--and the Congress has authorized and provided appropriations to secure our borders--the Federal Government has failed to discharge this basic sovereign responsibility. The purpose of this order is to direct executive departments and agencies (agencies) to deploy all lawful means to secure the Nation's southern border, to prevent further illegal immigration into the United States, and to repatriate illegal aliens swiftly, consistently, and humanely. Sec … (a) In accordance with existing law, including the Secure Fence Act and IIRIRA, take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border; (b) Identify and, to the extent permitted by law, allocate all sources of Federal funds for the planning, designing, and constructing of a physical wall along the southern border; (c) Project and develop long-term funding requirements for the wall, including preparing Congressional … appropriate action and allocate all legally available resources to immediately construct, operate, control, or establish contracts to construct, operate, or control facilities to detain aliens at or near the land border with Mexico. (b) The Secretary shall take all appropriate action and allocate all legally available resources to immediately assign asylum officers to immigration detention facilities for the purpose of accepting asylum referrals and conducting credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1225(b)(1)) and applicable regulations and reasonable fear determinations … apprehended for violations of immigration law pending the outcome of their removal proceedings or their removal from the country to the extent permitted by law. The Secretary shall issue new policy guidance to all Department of Homeland Security personnel regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as ``catch and release,'' whereby aliens are routinely released in the United States shortly after their apprehension for violations of immigration law. Sec. 7. Return to Territory. The Secretary shall … States, as well as local officials, for the purpose of preparing to enter into agreements under section 287(g) of the INA (8 U.S.C. 1357(g)). (b) To the extent permitted by law, and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to authorize State and local law enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United … conducted in a manner consistent with the plain language of those provisions. (c) Pursuant to section 235(b)(1)(A)(iii)(I) of the INA, the Secretary shall take appropriate action to apply, in his sole and unreviewable discretion, the provisions of section 235(b)(1)(A)(i) and (ii) of the INA to the aliens designated under section 235(b)(1)(A)(iii)(II). (d) The Secretary shall take appropriate action to ensure that parole authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-c4e6953d9b8246e5900c",
  "countryCode": "US",
  "country": "United States",
  "title": "Executive Order 13768: Enhancing Public Safety in the Interior of the United States",
  "policyEffect": "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.",
  "operativeDate": "2017-01-25",
  "year": 2017,
  "affectedGroup": "Undocumented migrants / removable noncitizens",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Interior enforcement / removal and return",
  "policyTool": "Enforcement priorities / inter-agency sanctions / detainers",
  "sourceName": "Executive Office of the President / Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2017/01/30/2017-02102/enhancing-public-safety-in-the-interior-of-the-united-states",
  "preciseCitation": "82 FR 8799 (Executive Order 13768)",
  "evidencePassage": "States, and the practices of foreign nations that refuse the repatriation of their nationals, are contrary to the national interest. Although Federal immigration law provides a framework for Federal-State partnerships in enforcing our immigration laws to ensure the removal of aliens who have no right to be in the United States, the Federal Government has failed to discharge this basic sovereign responsibility. We cannot faithfully execute the immigration laws of the United States if we exempt classes or categories of removable aliens from potential enforcement. The purpose of this order is to direct executive departments and agencies (agencies) to employ all lawful means to enforce the immigration laws of the United States. Sec. 2 . Policy. It is the policy of the executive branch to: (a) Ensure the faithful execution of the immigration laws of the United States, including the INA, against all removable aliens, consistent with Article II, Section 3 of the United States Constitution and section 3331 of title 5, United States Code; (b) Make use of all available systems and resources to ensure the efficient and faithful execution of the immigration laws of the United States; (c) Ensure … section 2 of this order, I hereby direct agencies to employ all lawful means to ensure the faithful execution of the immigration laws of the United States against all removable aliens. Sec. 5 . Enforcement Priorities. In executing faithfully the immigration laws of the United States, the Secretary of Homeland Security (Secretary) shall prioritize for removal those aliens described by the Congress in sections 212(a)(2), (a)(3), and (a)(6)(C), 235, and 237(a)(2) and (4) of the INA (8 U.S.C. 1182(a)(2), (a)(3), and (a)(6)(C), 1225, and 1227(a)(2) and (4)), as well as removable aliens who: (a) Have been … convicted of any criminal offense; (b) Have been charged with any criminal offense, where such charge has not been resolved; (c) Have committed acts that constitute a chargeable criminal offense; (d) Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency; (e) Have abused any program related to receipt of public benefits; (f) Are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or (g) In the judgment of an immigration officer, otherwise pose a risk … Jurisdictions. It is the policy of the executive branch to ensure, to the fullest extent of the law, that a State, or a political subdivision of a State, shall comply with 8 U.S.C. 1373. (a) In furtherance of this policy, the Attorney General and the Secretary, in their discretion and to the extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary. The Secretary has the authority to designate … actions committed by aliens and any jurisdiction that ignored or otherwise failed to honor any detainers with respect to such aliens. (c) The Director of the Office of Management and Budget is directed to obtain and provide relevant and responsive information on all Federal grant money that currently is received by any sanctuary jurisdiction. Sec. 10 . Review of Previous Immigration Actions and Policies. (a) The Secretary shall immediately take all appropriate action to terminate the Priority Enforcement Program (PEP) described in the memorandum issued by the Secretary on November 20, 2014, and to reinstitute … direct the Director of U.S. Immigration and Customs Enforcement to take all appropriate and lawful action to establish within U.S. Immigration and Customs Enforcement an office to provide proactive, timely, adequate, and professional services to victims of crimes committed by removable aliens and the family members of such victims. This office shall provide quarterly reports studying the effects of the victimization by criminal aliens present in the United States. ( printed page 8802) Sec. 14 . Privacy Act. Agencies shall, to the extent consistent with applicable law, ensure that their privacy",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-d2b06afa5ffe46a1a637",
  "countryCode": "US",
  "country": "United States",
  "title": "Executive Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the United States)",
  "policyEffect": "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.",
  "operativeDate": "2017-01-27",
  "year": 2017,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Admission",
  "policyTool": "Eligibility",
  "sourceName": "archives.gov",
  "sourceUrl": "https://trumpwhitehouse.archives.gov/presidential-actions/executive-order-protecting-nation-foreign-terrorist-entry-united-states-2",
  "preciseCitation": "archives.gov. Executive Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the United States).; 82 FR 8977 (Executive Order 13769); wa.gov. Protecting the Nation from Foreign Terrorist Entry into the United States.",
  "evidencePassage": "On January 27, 2017, to implement this policy, I issued Executive Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the United States). (i) Among other actions, Executive Order 13769 suspended for 90 days the entry of certain aliens from seven countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-6d74813b18a7e5b91bdc6000",
  "countryCode": "US",
  "country": "United States",
  "title": "Yemen TPS beneficiaries continuously residing in the U.S.",
  "policyEffect": "Yemen TPS beneficiaries continuously residing in the U.S. since January 4, 2017.",
  "operativeDate": "2017-03-04",
  "year": 2017,
  "affectedGroup": "Yemeni nationals (or aliens having no nationality who last habitually resided in yemen)",
  "materialConditionsAndExceptions": "Recorded validated scope: Temporary Protected Status (TPS).",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2017/01/04/2016-31003/extension-and-redesignation-of-the-republic-of-yemen-for-temporary-protected-status",
  "preciseCitation": "",
  "evidencePassage": "Protected Status TTY--Text Telephone USCIS--U.S. Citizenship and Immigration Services The extension allows TPS beneficiaries to retain TPS through September 3, 2018, so long as they continue to meet the eligibility requirements for TPS. The redesignation of Yemen expands eligibility for TPS to include individuals who have been continuously residing in the United States since January 4, 2017. Previously, only individuals who had been continuously residing in the United States since September 3, 2015, were eligible for TPS under Yemen's designation. The Secretary has determined that an extension of Yemen … months, through September 3, 2017, and explains how TPS beneficiaries and their employers may determine which EADs are automatically extended and their impact on Employment Eligibility Verification (Form I-9) and E-Verify processes. Under the redesignation, individuals who currently do not have TPS may submit an initial application during the 180-day initial registration period that runs from January 4, 2017 through July 3, 2017. In order to receive a grant of TPS, initial applicants under this redesignation must demonstrate that they have continuously resided in the United States since January … States. See INA section 244(c)(1)(A)(ii), 8 U.S.C. 1254a(c)(1)(A)(ii). This discretion permits the Secretary to tailor the ``continuous residence'' date to offer TPS to the group of eligible individuals that the Secretary deems appropriate. The Secretary has determined that the ``continuous residence'' date for applicants for TPS under the redesignation of Yemen shall be January 4, 2017. Initial applicants for TPS under this redesignation must also show they have been ``continuously physically present'' in the United States since March 4, 2017, which is the effective date of the Secretary's redesignation … months from March 4, 2017, through September 3, 2018, and redesignating Yemen for TPS for the same 18- month period. See INA section 244(b)(1)(A) and (C), and (b)(2); 8 U.S.C. 1254a(b)(1)(A) and (C), and (b)(2). I have also determined that to be eligible for TPS under the redesignation, individuals must demonstrate that they have continuously resided in the United States since January 4, 2017. See INA section 244(c)(1)(A)(ii), 8 U.S.C. 1254a(c)(1)(A)(ii). Jeh Charles Johnson, Secretary. I am currently a Yemen TPS beneficiary. What should I do? If you are a current TPS beneficiary whose TPS application",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-1e1cce94b62140465576",
  "countryCode": "US",
  "country": "United States",
  "title": "Rescission of Guidance Memo on H-1B Computer Related Positions (PM-602-0142)",
  "policyEffect": "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",
  "operativeDate": "2017-03-31",
  "year": 2017,
  "affectedGroup": "H-1b employers and computer-related specialty occupation workers",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Work authorization",
  "policyTool": "Adjudication standards",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://uscis.gov/archive/uscis-may-reopen-h-1b-petitions-denied-under-three-rescinded-policy-memos",
  "preciseCitation": "USCIS, Policy Memorandum PM-602-0142 (cited in USCIS Alert, 'USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos', rel. Mar. 12, 2021).",
  "evidencePassage": "decision was based on one or more policies in the rescinded H-1B memoranda below. On June 17, 2020, USCIS issued Policy Memorandum 602-0114, which officially rescinded two prior policy memoranda: HQ 70/6.2.8 (AD 10-24), “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3(g)(16)),” issued, Jan. 8, 2010; and PM-602-0157, “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites,” issued Feb. 22, 2018. On Feb. 3, 2021, USCIS issued Policy Memorandum 602-0142.1, which officially rescinded: PM-602-0142, “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions’,” issued March 31, 2017. Both Policy Memorandum 602-0114 and Policy Memorandum 602-0142.1 state that they apply to “any pending or new [H-1B Petitions], including motions on and appeals of revocations and denials of H-1B classification.” A petitioner may request that USCIS reopen and/or reconsider adverse decisions based on the three rescinded policy memos by properly filing Form I-290B, Notice of Appeal or Motion, accompanied by the appropriate fee. In addition, USCIS has the",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-unwed-mother-presence-20170612",
  "countryCode": "US",
  "country": "United States",
  "title": "Citizenship transmission requires longer US presence for unwed mothers",
  "policyEffect": "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.",
  "operativeDate": "2017-06-12",
  "year": 2017,
  "affectedGroup": "Children born abroad out of wedlock to a us-citizen mother and a foreign-national father",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.; Morales-Santana, this replaced the one-continuous-year requirement, which remained applicable to children born before June 12, 2017.",
  "policyCategory": "Citizenship acquisition",
  "policyTool": "Judicial decision reflected in agency guidance",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20180418-AcquisitionOfCitizenship.pdf",
  "preciseCitation": "USCIS Policy Alert PA-2018-01; Sessions v. Morales-Santana",
  "evidencePassage": "of the Policy Manual incorporates and clarifies these requirements and makes corresponding amendments to the pertinent USCIS nationality charts. The guidance contained in the Policy Manual is controlling and supersedes any prior guidance. Policy Highlights • Explains that Sessions v. Morales-Santana applies the physical presence requirement (at least 5 years, of which at least 2 years must be after age 14) in INA 301(g) to all cases involving a child born out of wedlock to one U.S. citizen parent and one foreign national parent outside of the United States on or after June 12, 2017, regardless … of whether the child seeks to derive citizenship from a U.S. citizen mother or U.S. citizen father. • Explains that the U.S. Supreme Court decision in Sessions v. Morales-Santana increases the physical presence requirement (from 1 continuous year to at least 5 years, of which at least 2 years must be after age 14) in INA 309(c) in cases involving a child born out of wedlock outside of the United States to a U.S. citizen mother and a foreign national father on or after June 12, 2017. The physical presence requirement of 1 continuous year in INA 309(c) remains in effect in such cases where the … d’s birth and for the parent to have been physically present in the United States for a certain period of time. 4 On June 12, 2017, the U.S. Supreme Court, in Sessions v. Morales-Santana, held that the different physical presence requirements for an unwed U.S. citizen father and an unwed U.S. citizen mother violated the U.S. Constitution’s equal protection guarantee. 5 In addition, some acquisition of citizenship cases require the U.S. citizen father of a child born out of wedlock outside the United States to provide a written agreement of financial support for the child. 6 Certain requirement",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-e092cb860cdc80148df3",
  "countryCode": "US",
  "country": "United States",
  "title": "Rescission of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”",
  "policyEffect": "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.",
  "operativeDate": "2017-09-05",
  "year": 2017,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Work authorization",
  "policyTool": "Eligibility",
  "sourceName": "U.S. Department of Homeland Security",
  "sourceUrl": "https://dhs.gov/archive/news/2017/09/05/memorandum-rescission-daca",
  "preciseCitation": "U.S. Department of Homeland Security. Rescission of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”.; DHS Memorandum (September 5, 2017); 82 FR 43570",
  "evidencePassage": "Accordingly, effective immediately, the Department: Will adjudicate—on an individual, case-by-case basis—properly filed pending DACA initial requests and associated applications for Employment Authorization Documents that have been accepted by the Department as of the date of this memorandum. Will reject all DACA initial requests and associated applications for Employment Authorization Documents filed after the date of this memorandum.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-43195c0e310b26f0ef86",
  "countryCode": "US",
  "country": "United States",
  "title": "Presidential Determination on Refugee Admissions for Fiscal Year 2018",
  "policyEffect": "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).",
  "operativeDate": "2017-10-01",
  "year": 2017,
  "affectedGroup": "Refugee applicants worldwide",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Humanitarian admission / refugee resettlement",
  "policyTool": "Annual refugee quota / regional ceiling determination",
  "sourceName": "The White House / National Archives and Records Administration",
  "sourceUrl": "https://trumpwhitehouse.archives.gov/presidential-actions/presidential-memorandum-secretary-state-4",
  "preciseCitation": "Presidential Determination No. 2017-13 of September 29, 2017",
  "evidencePassage": "vested in me as President by the Constitution and the laws of the United States, in accordance with section 207 of the Immigration and Nationality Act (the “Act”) (8 U.S.C. 1157), after appropriate consultations with the Congress, and consistent with the Report on Proposed Refugee Admissions for Fiscal Year 2018 submitted to the Congress on September 27, 2017, I hereby determine and authorize as follows: The admission of up to 45,000 refugees to the United States during Fiscal Year (FY) 2018 is justified by humanitarian concerns or is otherwise in the national interest. This number includes persons … admitted to the United States during FY 2018 with Federal refugee resettlement assistance under the Amerasian immigrant admissions program, as provided below. The admissions shall be allocated among refugees of special humanitarian concern to the United States in accordance with the following regional allocations: Africa . . . . . . . . . . . . . . . . 19,000 East Asia . . . . . . . . . . . . . . . 5,000 Europe and Central Asia . . . . . . . . 2,000 Latin America/Caribbean . . . . . . . . 1,500 Near East/South Asia . . . . . . . . . 17,500 The number of admissions allocated to the East Asia region … section 2(b)(2) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(b)), I hereby determine that assistance to or on behalf of persons applying for admission to the United States as part of the overseas refugee admissions program will contribute to the foreign policy interests of the United States, and I accordingly designate such persons for this purpose. Consistent with section 101(a)(42) of the Act (8 U.S.C. 1101 (a)(42)), and after appropriate consultation with the Congress, I also specify that, for FY 2018, the following persons may, if otherwise qualified, be considered refugees",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-855de2082db8efbaa7be",
  "countryCode": "US",
  "country": "United States",
  "title": "Matter of G- Inc., Adopted Decision 2017-05",
  "policyEffect": "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.",
  "operativeDate": "2017-11-08",
  "year": 2017,
  "affectedGroup": "L1a eb1c applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Legal migration work",
  "policyTool": "Eligibility",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://uscis.gov/laws-and-policy/policy-memoranda?ddt_mon=&ddt_yr=&items_per_page=10&page=1&query=&topic_id%5B0%5D=33659",
  "preciseCitation": "Matter of G- Inc., Adopted Decision 2017-05 (AAO Nov. 8, 2017)",
  "evidencePassage": "Matter of G- Inc. clarifies that, to establish that a beneficiary will be employed in a managerial capacity as a “function manager,” the petitioner must demonstrate that: (1) the function is a clearly defined activity; (2) the function is “essential,” i.e., core to the organization; (3) the beneficiary will primarily manage, as opposed to perform, the function; (4) the beneficiary will act at a senior level within the organizational hierarchy or with respect to the function managed; and (5) the beneficiary will exercise discretion over the function’s day-to-day operations.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-d23e6360a90544279e3e",
  "countryCode": "US",
  "country": "United States",
  "title": "Requirement to Articulate Particular Social Groups Before the Immigration Judge (Matter of W-Y-C- & H-O-B-)",
  "policyEffect": "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",
  "operativeDate": "2018-01-19",
  "year": 2018,
  "affectedGroup": "Asylum applicants claiming persecution based on particular social group membership",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Asylum and refugee protection",
  "policyTool": "Legal interpretation / procedural adjudication rule",
  "sourceName": "U.S. Department of Justice, Executive Office for Immigration Review, Board of Immigration Appeals",
  "sourceUrl": "https://justice.gov/eoir/page/file/1027451/dl?inline=",
  "preciseCitation": "Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018)",
  "evidencePassage": "(1) 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 particular social group. (2) The Board of Immigration Appeals generally will not address a newly articulated particular social group that was not advanced before the Immigration Judge.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-3539ca089bee01a54bef",
  "countryCode": "US",
  "country": "United States",
  "title": "Vacatur of Requirement for Full Evidentiary Hearings in Asylum Claims (Matter of E-F-H-L-)",
  "policyEffect": "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",
  "operativeDate": "2018-03-05",
  "year": 2018,
  "affectedGroup": "Asylum seekers in removal proceedings",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Asylum and refugee protection / removal defense",
  "policyTool": "Legal interpretation / binding administrative precedent",
  "sourceName": "U.S. Department of Justice, Office of the Attorney General",
  "sourceUrl": "https://justice.gov/eoir/page/file/1040936/dl",
  "preciseCitation": "Matter of E-F-H-L-, 27 I&N Dec. 226 (A.G. 2018)",
  "evidencePassage": "The presiding Immigration Judge determined, without holding an evidentiary hearing, that the respondent’s application failed as a matter of law to make a prima facie case that he was eligible for asylum and withholding of removal, and he denied the application. The respondent appealed on the merits to the Board. The Board remanded, holding that a respondent applying for asylum and withholding of removal was ordinarily entitled to a full evidentiary hearing.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-78ff8ebe6d90355f9d17",
  "countryCode": "US",
  "country": "United States",
  "title": "Zero-Tolerance Policy for Southwest Border Offenses Under 8 U.S.C. § 1325(a)",
  "policyEffect": "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",
  "operativeDate": "2018-04-06",
  "year": 2018,
  "affectedGroup": "Irregular entrants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Border enforcement",
  "policyTool": "Enforcement",
  "sourceName": "justice.gov",
  "sourceUrl": "https://justice.gov/archives/opa/press-release/file/1049751/dl",
  "preciseCitation": "U.S. Department of Justice, Office of the Attorney General, Memorandum: Zero-Tolerance for Offenses Under 8 U.S.C. § 1325(a), April 6, 2018",
  "evidencePassage": "States Attorney's Office along the Southwest Border­ to the extent practicable, and in consultation with DHS- to adopt immediately a zero-tolerance policy for all offenses referred for prosecution under section 1325(a). This zero-tolerance policy \" shall supersede any existing policies. If adopting such a policy requires additional resources, each office shall identify and request such additional resources. You are on the front lines of this battle. I respect you and your team. Your dedication and insight into border reality is invaluable. Keep us informed, and don't hesitate to give us suggestions",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-tenant-occupancy-20180515",
  "countryCode": "US",
  "country": "United States",
  "title": "Tenant-occupancy methodology withdrawn for EB-5 job forecasts",
  "policyEffect": "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.",
  "operativeDate": "2018-05-15",
  "year": 2018,
  "affectedGroup": "Eb-5 regional-center immigrant investors relying on tenant-occupancy job forecasts",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Investor immigration",
  "policyTool": "Administrative adjudication guidance",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20180515-EB5TenantOccupancyMethodology.pdf",
  "preciseCitation": "USCIS Policy Alert PA-2018-03",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director (MS 2000) Washington, DC 20529-2000 May 15, 2018 PA-2018-03 Policy Alert SUBJECT: Rescission of Guidance Regarding Tenant-Occupancy Methodology Purpose U.S. Citizenship and Immigration Services (USCIS) is revising policy guidance in the USCIS Policy Manual to reflect that, as of May 15, 2018, USCIS no longer considers tenant occupancy to be a reasonable methodology to support economically or statistically valid forecasting tools. Background Foreign nationals may seek an immigrant visa under the regional center program to comply w … ith the job creation requirement under section 203(b)(5) of the Immigration and Nationality Act (INA) by establishing “reasonable methodologies for determining the number of jobs created by the program, including such jobs which are estimated to have been created indirectly…” USCIS has determined that tenant-occupancy methodologies result in a connection or nexus between the investment and jobs that is too tenuous. Therefore, USCIS no longer considers this methodology to be reasonable or a valid forecasting tool under the regulations. USCIS will continue to give deference to Form I-526 and For … m I-829 petitions directly related to previously approved projects, absent material change, fraud or misrepresentation, or legal deficiency of the prior determination.1 Except for cases involving deference, this update is controlling and supersedes any prior guidance on this topic. Policy Highlights  Explains that a tenant-occupancy model is not a reasonable methodology because the relationship between the investment and the jobs is too tenuous. Citation Volume 6: Immigrants, Part G, Investors, Chapter 2, Eligibility Requirements [6 USCIS-PM G.2]. 1 Specifically, petitions directly related to … projects included in pending or approved applications or petitions at the time of the policy change will be adjudicated under prior guidance. See USCIS Policy Manual, Volume 6, Immigrants, Part G, Investors, Chapter 6, Deference [6 USCIS-PM G.6].",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-f2bdde708206d49be6b1",
  "countryCode": "US",
  "country": "United States",
  "title": "Matter of Castro-Tum: Restriction on General Administrative Closure Authority",
  "policyEffect": "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.",
  "operativeDate": "2018-05-17",
  "year": 2018,
  "affectedGroup": "Noncitizens in removal proceedings",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Enforcement / removal proceedings",
  "policyTool": "Legal interpretation / docket management authority",
  "sourceName": "U.S. Department of Justice, Office of the Attorney General / EOIR",
  "sourceUrl": "https://justice.gov/eoir/page/file/1064086/dl?inline=",
  "preciseCitation": "Matter of CASTRO-TUM, 27 I&N Dec. 271 (A.G. 2018), Interim Decision #3926",
  "evidencePassage": "(1) Immigration judges and the Board do not have the general authority to suspend indefinitely immigration proceedings by administrative closure. To the extent the Board’s decisions in Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), and Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017), are inconsistent with this conclusion, those decisions are overruled. (2) Immigration judges and the Board may only administratively close a case where a previous regulation or a previous judicially approved settlement expressly authorizes such an action.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp4-dbbcbe9df804dc3ea1fa",
  "countryCode": "US",
  "country": "United States",
  "title": "Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), Interim Decision #3929",
  "policyEffect": "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.",
  "operativeDate": "2018-06-11",
  "year": 2018,
  "affectedGroup": "Asylum seekers",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Asylum and refugee protection",
  "policyTool": "Legal interpretation",
  "sourceName": "justice.gov",
  "sourceUrl": "https://www.justice.gov/eoir/page/file/1070866/dl?inline=",
  "preciseCitation": "Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018)",
  "evidencePassage": "Cite as 27 I&N Dec. 316 (A.G. 2018) Interim Decision #3929 Matter of A-B-, Respondent Decided by Attorney General June 11, 2018 U.S. Department of Justice Office of the Attorney General (1) Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) is overruled. That decision was wrongly decided and should not have been issued as a precedential decision. (2) An applicant seeking to establish persecution on account of membership in a “particular social group” must demonstrate: (1) membership in a group, which is composed of members who share a common immutable characteristic, is defined with particularity, … and is socially distinct within the society in question; and (2) that membership in the group is a central reason for her persecution. When the alleged persecutor is someone unaffiliated with the government, the applicant must also show that her home government is unwilling or unable to protect her. (3) An asylum applicant has the burden of showing her eligibility for asylum. The applicant must present facts that establish each element of the standard, and the asylum officer, immigration judge, or the Board has the duty to determine whether those facts satisfy all of those elements. (4) If an … asylum application is fatally flawed in one respect, an immigration judge or the Board need not examine the remaining elements of the asylum claim. (5) The mere fact that a country may have problems effectively policing certain crimes or that certain populations are more likely to be victims of crime, cannot itself establish an asylum claim. (6) To be cognizable, a particular social group must exist independently of the harm asserted in an application for asylum. (7) An applicant seeking to establish persecution based on violent conduct of a private actor must show more than the government’s … difficulty controlling private behavior. The applicant must show that the government condoned the private actions or demonstrated an inability to protect the victims. (8) An applicant seeking asylum based on membership in a particular social group must clearly indicate on the record the exact delineation of any proposed particular social group. (9) The Board, immigration judges, and all asylum officers must consider, consistent with the regulations, whether internal relocation in the alien’s home country presents a reasonable alternative before granting asylum. 316 Cite as 27 I&N Dec. 316 (A.G … distinct group that exists independently of the alleged underlying harm, demonstrate that their persecutors harmed them on account of their membership in that group rather than for personal reasons, and establish that the government protection from such harm in their home country is so lacking that their persecutors’ actions can be attributed to the government. Because Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), recognized a new particular social group without correctly applying these standards, I overrule that case and any other Board precedent to the extent those other decisions are inconsistent … membership in that group is a central reason for her persecution; and (3) that the alleged harm is inflicted by the government of her home country or by persons that the government is unwilling or unable to control. See M-E-V-G-, 26 I&N Dec. at 234–44; W-G-R-, 26 I&N Dec. at 209–18, 223–24 & n.8. Furthermore, when the applicant is the victim of private criminal activity, the analysis must also “consider whether government protection is available, internal relocation is possible, and persecution exists countrywide.” M-E-V- G-, 26 I&N Dec. at 243. Generally, claims by aliens pertaining to domestic violence or gang violence perpetrated by non-governmental actors will not qualify for asylum. 1 While I do not decide that violence inflicted by non-governmental actors may never serve as the basis for an asylum or withholding application based on membership in a particular social group, in practice such claims are unlikely to satisfy the statutory grounds for proving group persecution that the government is unable or unwilling to address. The mere fact that a country may have problems effectively policing certain crimes—such as domestic violence or gang violence—or that certain populations",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-0e83e63cc55942f801d8",
  "countryCode": "US",
  "country": "United States",
  "title": "Standards for Continuances to Pursue Collateral Relief in Removal Proceedings (Matter of L-A-B-R-)",
  "policyEffect": "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",
  "operativeDate": "2018-08-16",
  "year": 2018,
  "affectedGroup": "Noncitizens in removal proceedings seeking continuances to await collateral relief",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Removal proceedings / enforcement",
  "policyTool": "Legal interpretation / binding administrative case law",
  "sourceName": "U.S. Department of Justice, Office of the Attorney General",
  "sourceUrl": "https://justice.gov/eoir/page/file/1087781/dl",
  "preciseCitation": "Matter of L-A-B-R- et al., 27 I&N Dec. 405 (A.G. 2018)",
  "evidencePassage": "(1) An immigration judge may grant a motion for a continuance of removal proceedings only “for good cause shown.” 8 C.F.R. § 1003.29. (2) The good-cause standard is a substantive requirement that limits the discretion of immigration judges and prohibits them from granting continuances for any reason or no reason at all. (3) The good-cause standard requires consideration and balancing of multiple relevant factors when a respondent alien requests a continuance to pursue collateral relief from another authority—for example, a visa from the Department of Homeland Security. See Matter of Hashmi, 24 I&N Dec. 785, 790 (BIA 2009). (4) When a respondent requests a continuance to pursue collateral relief, the immigration judge must consider primarily the likelihood that the collateral relief will be granted and will materially affect the outcome of the removal proceedings.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-29db1b0f4744f763bd86",
  "countryCode": "US",
  "country": "United States",
  "title": "Outright Denials Without Request for Evidence (RFE) or Notice of Intent to Deny (NOID) (PM-602-0163)",
  "policyEffect": "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)",
  "operativeDate": "2018-09-11",
  "year": 2018,
  "affectedGroup": "All affirmative immigration benefit petitioners and applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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)",
  "policyCategory": "Legal status and benefit adjudications / administration",
  "policyTool": "Adjudication standards / administrative discretion",
  "sourceName": "USCIS Official Policy Guidance / Policy Manual Updates",
  "sourceUrl": "https://uscis.gov/sites/default/files/document/policy-manual-updates/20210609-RFEs%26NOIDs.pdf",
  "preciseCitation": "Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b), PM-602-0163 (USCIS, issued July 13, 2018, effective Sept. 11, 2018); USCIS Policy Alert PA-2021-11",
  "evidencePassage": "determined that there was no possibility that the benefit requestor could overcome a finding of ineligibility by submitting additional evidence. 1 In 2018, USCIS rescinded this “no possibility” policy and issued guidance stating that officers may deny benefit requests for lack of initial evidence without first sending an RFE or NOID. 2 The 2018 policy change resulted in USCIS denying certain benefit requestors an immigration benefit even though they would have demonstrated their eligibility if given a chance to provide additional evidence. These eligible benefit requestors had to have their cases … Requests for Evidence and Notices of Intent to Deny, PM-602-0085, issued June 3, 2013. 2 See Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b), PM-602-0163, issued July 13, 2018. PA-2021-11: Requests for Evidence and Notices of Intent to Deny Page: 2 immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. 3 Policy Highlights • Explains that an officer should generally issue an RFE or NOID if the officer determines there is a possibility the benefit requestor can",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-51e38824ec0a23e9136f",
  "countryCode": "US",
  "country": "United States",
  "title": "Limitation on Immigration Judges' Inherent Authority to Terminate or Dismiss Removal Proceedings (Matter of S-O-G- & F-D-B-)",
  "policyEffect": "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",
  "operativeDate": "2018-09-18",
  "year": 2018,
  "affectedGroup": "Noncitizens in removal proceedings",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Removal proceedings / enforcement",
  "policyTool": "Legal interpretation / binding administrative case law",
  "sourceName": "U.S. Department of Justice, Office of the Attorney General",
  "sourceUrl": "https://justice.gov/eoir/page/file/1095046/dl?inline=",
  "preciseCitation": "Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018)",
  "evidencePassage": "(1) Consistent with Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018), immigration judges have no inherent authority to terminate or dismiss removal proceedings. (2) Immigration judges may dismiss or terminate removal proceedings only under the circumstances expressly identified in the regulations, see 8 C.F.R. § 1239.2(c), (f), or where the Department of Homeland Security fails to sustain the charges of removability against a respondent, see 8 C.F.R. § 1240.12(c). (3) An immigration judge’s general authority to “take any other action consistent with applicable law and regulations as may be appropriate,” 8 C.F.R. § 1240.1(a)(1)(iv), does not provide any additional authority to terminate or dismiss removal proceedings beyond those authorities expressly set out in the relevant regulations.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-217a745fe79a00c2fe0a",
  "countryCode": "US",
  "country": "United States",
  "title": "Expanded Issuance of Notices to Appear (NTAs) for Denied Status-Impacting Applications",
  "policyEffect": "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",
  "operativeDate": "2018-10-01",
  "year": 2018,
  "affectedGroup": "Denied benefit applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Enforcement and removal",
  "policyTool": "Removal proceedings",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://uscis.gov/archive/notice-to-appear-policy-memorandum",
  "preciseCitation": "USCIS, Policy Memorandum PM-602-0050.1 / Notice to Appear Policy Memorandum, archived guidance updated June 14, 2021",
  "evidencePassage": "NTAs) in Cases Involving Inadmissible and Deportable Aliens; and PM-602-0161 Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) When Processing a Case Involving Information Submitted by a Deferred Action for Childhood Arrivals (DACA) Requestor in Connection with a DACA Request or a DACA-Related Benefit Request (Past or Pending) or Pursuing Termination of DACA. Consistent with the DHS memo, USCIS stopped applying the 2018 Policy Memoranda on Jan. 20, 2021. USCIS will be issuing guidance with additional details and information. Notice to Appear (NTA) policy memorandum (PM) … providing guidance on when USCIS may issue Form I-862, Notice to Appear. An NTA is a document that instructs an individual to appear before an immigration judge. This is the first step in starting removal proceedings against them. Starting Oct. 1, 2018, USCIS may issue NTAs on denied status-impacting applications, including, Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-539, Application to Extend/Change Nonimmigrant Status. Starting Nov. 19, 2018, USCIS may also issue NTAs based on denials of Forms I-914/I-914A, Applications for T Nonimmigrant Status; I-918 … USCIS will send denial letters for status-impacting applications, petitions, and benefit requests that ensure benefit seekers are provided adequate notice when their request for a benefit is denied. If applicants, beneficiaries, or self-petitioners are no longer in a period of authorized stay, and do not depart the United States, USCIS may issue an NTA. USCIS will provide details on how individuals can review information regarding their period of authorized stay, check travel compliance, or validate departure from the United States. If individuals are no longer in a period of authorized stay,",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-67f9e01f01c17b0155b9",
  "countryCode": "US",
  "country": "United States",
  "title": "Presidential Determination on Refugee Admissions for Fiscal Year 2019",
  "policyEffect": "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.",
  "operativeDate": "2018-10-04",
  "year": 2018,
  "affectedGroup": "Refugees applying for resettlement admission to the united states",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Humanitarian / refugee protection",
  "policyTool": "Quotas / admission ceilings",
  "sourceName": "The White House",
  "sourceUrl": "https://trumpwhitehouse.archives.gov/presidential-actions/presidential-memorandum-secretary-state-13",
  "preciseCitation": "Presidential Memorandum for the Secretary of State, Presidential Determination on Refugee Admissions for Fiscal Year 2019 (October 4, 2018)",
  "evidencePassage": "Constitution and the laws of the United States, in accordance with section 207 of the Immigration and Nationality Act (the “Act”) (8 U.S.C. 1157), after appropriate consultations with the Congress, and consistent with the Report on Proposed Refugee Admissions for Fiscal Year 2019 submitted to the Congress on September 17, 2018, I hereby determine and authorize as follows: The admission of up to 30,000 refugees to the United States during Fiscal Year (FY) 2019 is justified by humanitarian concerns or is otherwise in the national interest. This number includes persons admitted to the United States during FY 2019 with Federal refugee resettlement assistance under the Amerasian immigrant admissions program, as provided below. The admissions shall be allocated among refugees of special humanitarian concern to the United States in accordance with the following regional allocations: Africa . . . . . . . . . . . . . . . . 11,000 East Asia . . . . . . . . . . . . . . . 4,000 Europe and Central Asia . . . . . . . . 3,000 Latin America/Caribbean . . . . . . . . 3,000 Near East/South Asia . . . . . . . . . 9,000 The number of admissions allocated to the East Asia region shall include persons admitted to",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-i693-validity-20181101",
  "countryCode": "US",
  "country": "United States",
  "title": "Medical-report validity recalculated from the civil surgeon signature",
  "policyEffect": "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.",
  "operativeDate": "2018-11-01",
  "year": 2018,
  "affectedGroup": "Applicants submitting form i-693 in support of immigration benefit applications",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Health-related admissibility",
  "policyTool": "Medical examination requirements",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20181016-I-693Validity.pdf",
  "preciseCitation": "USCIS Policy Alert PA-2018-09",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director (MS 2000) Washington, DC 20529-2000 October 16, 2018 PA-2018-09 Policy Alert SUBJECT: Validity of Report of Medical Examination and Vaccination Record (Form I-693) Purpose U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in Volume 8, Part B of the USCIS Policy Manual regarding the period of time during which a Form I-693 submitted in support of a related immigration benefits application1 is considered valid. This policy is controlling and supersedes any prior guidance on the topic. Background Form I-6 … 93 is used by USCIS officers in determining whether an applicant for an immigration benefit in the United States is inadmissible under the health-related grounds of inadmissibility.2 USCIS designates civil surgeons in the United States to conduct immigration medical examinations and record the results on Form I-693.3 Federal statutes and regulations do not prescribe the validity period of Form I-693; rather, USCIS historically has established the validity period by policy. USCIS is now updating the way the current maximum 2-year validity period is calculated to enhance operational efficiencies … and reduce the need to request updated Form I-693 from applicants.4 This policy is effective November 1, 2018.5 Policy Highlights  A Form I-693 is valid only when a civil surgeon signs it no more than 60 days before the date an applicant files the application for the underlying immigration benefit; and USCIS adjudicates the application within 2 years from the date of the civil surgeon’s signature. Citation Volume 8: Admissibility, Part B, Health-Related Grounds of Inadmissibility [8 USCIS-PM B]. 1 For example, an Application to Register Permanent Residence or Adjust Status (Form I-485). 2 Se",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-62f9bb8ad17d86dcba14",
  "countryCode": "US",
  "country": "United States",
  "title": "Policy Guidance for Implementation of the Migrant Protection Protocols",
  "policyEffect": "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.",
  "operativeDate": "2019-01-25",
  "year": 2019,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Removal or readmission",
  "policyTool": "Enforcement",
  "sourceName": "dhs.gov",
  "sourceUrl": "https://dhs.gov/sites/default/files/publications/19_0129_OPA_migrant-protection-protocols-policy-guidance.pdf",
  "preciseCitation": "dhs.gov. Policy Guidance for Implementation of the Migrant Protection Protocols.; DHS Policy Memorandum / 84 FR 6811",
  "evidencePassage": "Protocols (MPP), will begin implementation of Section 235(b)(2)(C) of the Immigration and Nationality Act (INA) on a large-scale basis to address the migration crisis along our southern border. In 1996, Congress added Section 235(b)(2)(C) to the INA. This statutory authority allows the Secretary of Homeland Security to return certain applicants for admission to the contiguous country from which they are arriving on land (whether or not at a designated port of entry) pending removal proceedings under Section 240 of the INA. Consistent with the MPP, citizens and nationals of countries other than … Mexico (\"third-country nationals\") arriving in the United States by land from Mexico-illegally or without proper documentation-may be returned to Mexico pursuant to Section 235(b)(2)(C) for the duration of their Section 240 removal proceedings. Section 235(b)(2)(C) and the MPP The United States issued the following statement on December 20, 2018, regarding implementation of the Migrant Protection Protocols: [T]he United States will begin the process of implementing Section 235(b)(2)(C) .. . with respect to non-Mexican nationals who may be arriving on land (whether or not at a designated port",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-58a86e5fc26570e9881a",
  "countryCode": "US",
  "country": "United States",
  "title": "H-1B cap selection order changes for the FY2020 season",
  "policyEffect": "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.",
  "operativeDate": "2019-04-01",
  "year": 2019,
  "affectedGroup": "H-1b cap-subject petitioners and advanced-degree beneficiaries",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Government Publishing Office",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2019-01-31/html/2019-00302.htm",
  "preciseCitation": "Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens",
  "evidencePassage": "U.S. Citizenship and Immigration Services (``USCIS'') during a designated registration period, unless the registration requirement is temporarily suspended. USCIS is suspending the registration requirement for the fiscal year 2020 cap season to complete all requisite user testing of the new H-1B registration system and otherwise ensure the system and process are operable. This final rule also changes the process by which USCIS counts H-1B registrations (or petitions, for FY 2020 or any other year in which the registration requirement will be suspended), by first selecting registrations submit … ted on behalf of all beneficiaries, including those eligible for the advanced degree exemption. USCIS will then select from the remaining registrations a sufficient number projected as needed to reach the advanced degree exemption. Changing the order in which USCIS counts these separate allocations will likely increase the number of beneficiaries with a master's or higher degree from a U.S. institution of higher education to be selected for further processing under the H- 1B allocations. USCIS will proceed with implementing this change to the cap allocation selection process for the FY 2020 ca … ss to increase the probability that H-1B visas will be issued, or status otherwise provided, to beneficiaries with master's degrees or higher from U.S. institutions of higher education. DHS is changing the H-1B selection process by first selecting H-1B registrations towards the projected number of petitions needed to meet the 65,000 regular cap limit, which will include all cap-subject beneficiaries, including those with a master's degree or higher from a U.S. institution of higher education. Then USCIS will select registrations that are eligible for the 20,000 advanced degree exemption, which … -subject petition for the applicable fiscal year. In addition, this final rule changes the order in which USCIS selects H-1B beneficiaries who may be counted toward the projected number of petitions needed to reach the H-1B regular cap (65,000) or the H-1B advanced degree exemption allocation (20,000). Under this final rule, USCIS will select registrations (petitions, if the registration requirement is suspended) under the regular cap first, including registrations for beneficiaries eligible for the advanced degree exemption, until the projected number needed to meet the regular cap is reached … , and only then will USCIS select registrations that are eligible for the advanced degree exemption until the projected number needed to meet the advanced degree exemption allocation is reached. This change will likely increase the number of beneficiaries with a master's or higher degree from a U.S. institution of higher education that would be selected. However, this rule does not alter the statutory limitations on the numbers of nonimmigrants who may be issued new H-1B visas or granted initial H-1B status, or who will consequently be admitted into the United States as H-1B nonimmigrants, or … land Security (``DHS'' or ``the Department'') regulations governing petitions filed on behalf of H-1B beneficiaries who may be counted toward the 65,000 visa cap established under the Immigration and Nationality Act (``H-1B regular cap'') or beneficiaries with advanced degrees from U.S. institutions of higher education who are eligible for an exemption from the regular cap (``advanced degree exemption''). The amendments require petitioners seeking to file H-1B petitions subject to the regular cap, including those eligible for the advanced degree exemption, to first electronically register with … are those with master's degrees or higher from U.S. institutions of higher education, towards the projected number needed to reach the advanced degree exemption. This process will allow those petitions with beneficiaries who have a master's degree or higher from U.S. institutions of higher education a greater chance to be selected. 4. Population The population impacted by this rule includes those petitioners who file on behalf of H-1B cap-subject beneficiaries (i.e. beneficiaries who will be subject to the regular cap, and beneficiaries on whose behalf an H-1B petition asserting an advanced d … p season (beginning on April 1, 2019), notwithstanding the delayed implementation of the H- 1B registration requirement. DATES: This final rule is effective April 1, 2019. FOR FURTHER INFORMATION CONTACT: Elizabeth Buten, Adjudications (Policy) Officer, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue NW, Suite 1100, Washington, DC 20529-2140; Telephone (202) 272- 8377. SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary A. Purpose and Summary of the Regulatory Action B. Legal Authority C. Summary o",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "repair-fcp5-64dd66a3d7ea122ac429",
  "countryCode": "US",
  "country": "United States",
  "title": "Mandatory Detention for Aliens Transferred from Expedited Removal Post Credible Fear (Matter of M-S-)",
  "policyEffect": "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",
  "operativeDate": "2019-07-15",
  "year": 2019,
  "affectedGroup": "Asylum seekers",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Detention",
  "policyTool": "Enforcement",
  "sourceName": "U.S. Department of Justice, Office of the Attorney General",
  "sourceUrl": "https://justice.gov/eoir/file/1154747/dl?inline=",
  "preciseCitation": "Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019)",
  "evidencePassage": "Cite as 27 I&N Dec. 509 (A.G. 2019) Interim Decision #3950 Matter of M-S-, Respondent Decided by Attorney General April 16, 2019 U.S. Department of Justice Office of the Attorney General (1) Matter of X-K-, 23 I&N Dec. 731 (BIA 2005), was wrongly decided and is overruled. (2) An alien who is transferred from expedited removal proceedings to full removal proceedings after establishing a credible fear of persecution or torture is ineligible for release on bond. Such an alien must be detained until his removal proceedings conclude, unless he is granted parole. BEFORE THE ATTORNEY GENERAL The Immi … in expedited proceedings and then transferred to full proceedings after establishing a credible fear become eligible for bond upon transfer. I conclude that such aliens remain ineligible for bond, whether they are arriving at the border or are apprehended in the United States. The text of the Act mandates that conclusion. Section 235(b)(1)(B)(ii) provides that, if an alien in expedited proceedings establishes a credible fear, he “shall be detained for further consideration of the application for asylum.” “The word ‘shall’ generally imposes a nondiscretionary duty.” SAS Inst., Inc. v. Iancu, 1 … shed a credible fear, then DHS could terminate his expedited proceedings and initiate full ones, thereby rendering him eligible for bond. And for good reason: DHS’s authority under Matter of E-R-M- & L-R-M- expires once an asylum officer (or immigration judge) makes a final credible-fear determination, at which point the alien “shall be detained” either for further adjudication of his asylum claim or for removal. INA § 235(b)(1)(B)(ii), (b)(1)(B)(iii)(IV). 518 Cite as 27 I&N Dec. 509 (A.G. 2019) Interim Decision #3950 all aliens transferred from expedited to full proceedings after establishing … a credible fear are ineligible for bond. Matter of X-K- is therefore overruled. 8 III. Here, despite the respondent being bond ineligible, the second immigration judge ordered DHS to release him on a bond of $27,000. The respondent posted that bond in September 2018, and was released from custody. I reverse the order granting bond to the respondent. I order that, unless DHS paroles the respondent under section 212(d)(5)(A) of the Act, he must be detained until his removal proceedings conclude. 8 Because Matter of X-K- declared a sizable population of aliens to be eligible for bond, DHS indica … tes that my overruling that decision will have “an immediate and significant impact on [its] detention operations.” DHS Br. 23 n.16. DHS accordingly requests that I delay the effective date of this decision “so that DHS may conduct necessary operational planning.” Id. Federal circuit courts have discretion to delay the effective dates of their decisions, see Fed. R. App. P. 41(b), and I conclude that I have similar discretion. I will delay the effective date of this decision for 90 days so that DHS may conduct the necessary operational planning for additional detention and parole decisions. 51",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-82e63c2c1e64a0200af2",
  "countryCode": "US",
  "country": "United States",
  "title": "Asylum Eligibility and Procedural Modifications for Third-Country Transits",
  "policyEffect": "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.",
  "operativeDate": "2019-07-16",
  "year": 2019,
  "affectedGroup": "Aliens who enter, attempt to enter, or arrive in the united states across the southern land border on or after july 16, 2019, after transiting through at least one third country en route to the united states.",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Asylum or protection",
  "policyTool": "Eligibility",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2019/07/16/2019-15246.txt",
  "preciseCitation": "",
  "evidencePassage": "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, shall be found ineligible for asylum … Effective date: This rule is effective July 16, 2019. … 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 … (i) The alien demonstrates that he or she applied for protection from persecution or torture in at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States, and the alien received a final judgment denying the alien protection in such country; (ii) The alien demonstrates that he or she satisfies the definition of ``victim of a severe form of trafficking in persons'' provided in 8 CFR 214.11; or (iii) The only countries through which the alien transited en route to the United States were, at the time of the transit, not parties to the 1951 United Nations Convention relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, or the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-2282adcaf3e4d7bb5bdd",
  "countryCode": "US",
  "country": "United States",
  "title": "Designating Aliens for Expedited Removal",
  "policyEffect": "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.",
  "operativeDate": "2019-07-23",
  "year": 2019,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Removal or readmission",
  "policyTool": "Enforcement",
  "sourceName": "govinfo.gov",
  "sourceUrl": "https://govinfo.gov/app/details/FR-2019-07-23/2019-15710",
  "preciseCitation": "govinfo.gov. Designating Aliens for Expedited Removal.; 84 FR 35409",
  "evidencePassage": "This Notice, including the New Designation, is effective on July 23, 2019.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-c8de831377fb4995c1d1db52",
  "countryCode": "US",
  "country": "United States",
  "title": "Replacement immigrant-visa fee relief specified for qualifying adoptive families",
  "policyEffect": "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.",
  "operativeDate": "2019-07-23",
  "year": 2019,
  "affectedGroup": "Qualifying adoptive children and families meeting the original-visa date, extraordinary-circumstances and lack-of-control conditions",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "U.S. Department of State",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2019/07/23/2019-14195.txt",
  "preciseCitation": "",
  "evidencePassage": "of Fees for Consular Services, Department of State and Overseas Embassies and Consulates--Visa Services Fee Changes AGENCY: Department of State. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule is promulgated to implement the Adoptive Family Relief Act (the Act), which allows for the waiver or refund of fees relating to the renewal or replacement of an immigrant visa for certain already-adopted children where the adopted child was unable to use his or her initially issued immigrant visa as a direct result of extraordinary circumstances … Congo home to the United States, and would also provide relief to similarly situated adoptive families should barriers arise in other countries in the future.'' See 161 Cong. Rec. S2796-01. The Department is amending current rules regarding immigrant visa fees found in Sec. Sec. 22.1, 42.71(b) and 42.74 of 22 CFR in order to implement the Act. Thus, the current text of Sec. 42.71(b) will become Sec. 42.71(b)(1) and a new paragraph (b)(2) will set forth the requirements for the waiver or refund of immigrant visa fees for adoptive families who must renew a visa for an adoptive child who, through … no fault of the parent(s) or child, is unable to travel to the United States. If an immigrant visa was issued on or after March 27, 2013 and an adoptive child was unable to use that visa as a direct result of extraordinary circumstances beyond the control of the adoptive child or adoptive parent(s), such as denial of an exit permit, the adoptive child, adoptive parent(s), or their representative may request a waiver or refund of the immigrant visa fee relating to a replacement of such visa. All other visa replacement requirements still apply. This rule also adds this exemption to the Schedule … ------------------------------------------------------------------ * * * * * * * 32. Immigrant Visa Application Processing Fee (per person). * * * * * * * (e) Certain applicants for replacement NO FEE. Immigrant Visas as described in 22 CFR 42.74(b)(2). * * * * * * * ------------------------------------------------------------------------ PART 42--VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED 0 3. The authority citation for part 42 is revised to read as follows: Authority: 8 U.S.C. 1104 and 1182; Pub. L. 105-277, 112 Stat. 2681; Pub. L. 108-449, 118 Stat … as a result of action by the U.S. Government over which the alien had no control and for which the alien was not responsible, which precluded the applicant from benefitting from the processing, or as provided in paragraph (b)(2). (2) Waiver or refund of fees for replacement immigrant visas. The consular officer shall waive the application processing fee for a replacement immigrant visa or, upon request, refund such a fee where already paid, if the consular officer is satisfied that the alien, the alien's parent(s), or the alien's representative has established that: (i) The prior immigrant visa was issued on or after March 27, 2013, to an alien who has been lawfully adopted, or who is coming to the United States to be adopted, by a United States citizen; (ii) The alien was unable to use the original immigrant visa during the period of its validity as a direct result of extraordinary circumstances, including the denial of an exit permit; and (iii) The inability to use the visa was attributable to factors beyond the control of the adopting parent or parents and of the alien. 0 5. Section 42.73 is revised to read as follows: Sec. 42.73 Procedure in issuing visas. (a) Evidence of visa.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-ec6aa936bf0f268ff8da",
  "countryCode": "US",
  "country": "United States",
  "title": "Heightened Particular Social Group Standard for Nuclear Families in Asylum Adjudications (Matter of L-E-A-)",
  "policyEffect": "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",
  "operativeDate": "2019-07-29",
  "year": 2019,
  "affectedGroup": "Asylum seekers",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Asylum or protection",
  "policyTool": "Eligibility",
  "sourceName": "U.S. Department of Justice, Office of the Attorney General",
  "sourceUrl": "https://justice.gov/eoir/page/file/1187856/dl?inline=",
  "preciseCitation": "Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019)",
  "evidencePassage": "(1) In Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017), the Board of Immigration Appeals improperly recognized the respondent’s father’s immediate family as a “particular social group” for purposes of qualifying for asylum under the Immigration and Nationality Act. (2) All asylum applicants seeking to establish membership in a “particular social group,” including groups defined by family or kinship ties, must establish that the group is (1) composed of members who share a common immutable characteristic; (2) defined with particularity; and (3) socially distinct within the society in question. (3) While the Board has recognized certain clans and subclans as “particular social groups,” most nuclear families are not inherently socially distinct and therefore do not qualify as “particular social groups.”",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-b110a7de98b148c0b3ef",
  "countryCode": "US",
  "country": "United States",
  "title": "Adjudication Standards for USCIS Consent and Parental Reunification in Special Immigrant Juvenile Status (Matter of D-Y-S-C-)",
  "policyEffect": "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",
  "operativeDate": "2019-10-11",
  "year": 2019,
  "affectedGroup": "Vulnerable groups",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Legal protection",
  "policyTool": "Eligibility",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://courts.ca.gov/sites/default/files/courts/default/2024-12/btb25-3k-09.pdf",
  "preciseCitation": "Matter of D-Y-S-C-, Adopted Decision 2019-02 (AAO Oct. 11, 2019); PM-602-0175.1",
  "evidencePassage": "SIJ classification may only be granted upon USCIS' consent to juveniles who meet all other eligibility criteria and establish that they sought the requisite juvenile court or administrative determinations in order to gain relief from parental abuse, neglect, abandonment, or a similar basis under state law, and not primarily to obtain an immigration benefit. USCIS' consent is warranted where petitioners show the juvenile court proceedings granted relief from such parental maltreatment, beyond an order enabling them to file an SIJ petition with USCIS. Matter of D-Y-S-C- also clarifies that to establish they cannot reunify with one or both of their parents due to abuse, neglect, abandonment or a similar basis, juveniles must provide evidence of a judicial determination that they were subjected to such parental maltreatment under state law.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-543959d05904e71dbbdb",
  "countryCode": "US",
  "country": "United States",
  "title": "Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019)",
  "policyEffect": "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).",
  "operativeDate": "2019-10-25",
  "year": 2019,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "Validated condition or limit: 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).",
  "policyCategory": "Removal or readmission",
  "policyTool": "Eligibility",
  "sourceName": "U.S. Department of Justice Office of the Attorney General / EOIR",
  "sourceUrl": "https://justice.gov/eoir/page/file/1213196/dl?inline=",
  "preciseCitation": "Matter of CASTILLO-PEREZ, 27 I&N Dec. 664 (A.G. 2019)",
  "evidencePassage": "(2) Evidence of two or more convictions for driving under the influence during the relevant period establishes a presumption that an alien lacks good moral character under INA § 101(f), 8 U.S.C. § 1101(f). (3) Because only aliens who possessed good moral character for a 10-year period are eligible for cancellation of removal under section 240A(b) of the INA, 8 U.S.C. § 1229b(b), such evidence also presumptively establishes that the alien’s application for that discretionary relief should be denied.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-8e3aa541d359a44ce9d8",
  "countryCode": "US",
  "country": "United States",
  "title": "Matter of Thomas and Thompson Attorney General Precedent on Sentence Modifications",
  "policyEffect": "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",
  "operativeDate": "2019-10-25",
  "year": 2019,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Removal or readmission",
  "policyTool": "Legal interpretation",
  "sourceName": "U.S. Department of Justice, Office of the Attorney General",
  "sourceUrl": "https://justice.gov/eoir/page/file/1213201/dl",
  "preciseCitation": "Matter of Thomas & Matter of Thompson, 27 I&N Dec. 674 (A.G. 2019)",
  "evidencePassage": "(2) Such state-court orders will be given effect for immigration purposes only if based on a procedural or substantive defect in the underlying criminal proceeding; these orders will have no effect for immigration purposes if based on reasons unrelated to the merits of the underlying criminal proceeding, such as rehabilitation or the avoidance of immigration consequences.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-f6ca1ebbbd9c89eed5bd",
  "countryCode": "US",
  "country": "United States",
  "title": "Presidential Determination on Refugee Admissions for Fiscal Year 2020",
  "policyEffect": "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",
  "operativeDate": "2019-11-01",
  "year": 2019,
  "affectedGroup": "Refugees or asylum seekers",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Admission",
  "policyTool": "Quota",
  "sourceName": "The White House / National Archives and Records Administration",
  "sourceUrl": "https://trumpwhitehouse.archives.gov/presidential-actions/presidential-determination-refugee-admissions-fiscal-year-2020",
  "preciseCitation": "Presidential Determination on Refugee Admissions for Fiscal Year 2020, Issued on November 1, 2019",
  "evidencePassage": "Fiscal Year 2020 By the authority vested in me as President by the Constitution and the laws of the United States, in accordance with section 207 of the Immigration and Nationality Act (the “Act”) (8 U.S.C. 1157), after appropriate consultations with the Congress, and consistent with the Report on Proposed Refugee Admissions for Fiscal Year 2020 submitted to the Congress on September 26, 2019, I hereby determine and authorize as follows: The admission of up to 18,000 refugees to the United States during Fiscal Year 2020 is justified by humanitarian concerns or is otherwise in the national interest … arrangement between the United States and Australia; and • those in the United States Refugee Admissions Program who were in “Ready for Departure” status as of September 30, 2019. 7,500 Total refugee admissions ceiling 18,000 Additionally, after consultation with the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General, and upon notification to the appropriate committees of the Congress, you are further authorized to transfer unused admissions from a particular allocation above to one or more other allocations, if such transfer would be in the national",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recall-c9bac021fe38d00b51e1",
  "countryCode": "US",
  "country": "United States",
  "title": "Asylum cooperative-agreement screening and transfer procedures created",
  "policyEffect": "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.",
  "operativeDate": "2019-11-19",
  "year": 2019,
  "affectedGroup": "People in expedited-removal or section 240 proceedings who are subject to an in-force asylum cooperative agreement",
  "materialConditionsAndExceptions": "Validated condition or limit: The screening and transfer procedures applied only where an asylum cooperative agreement was in force and directed covered people to seek protection in the partner state.",
  "policyCategory": "Eligibility",
  "policyTool": "Regulation",
  "sourceName": "govinfo.gov",
  "sourceUrl": "https://govinfo.gov/app/details/FR-2019-11-19/2019-25137",
  "preciseCitation": "84 FR 63994; operative 2019-11-19.",
  "evidencePassage": "tional Archives and Records Administration, Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality Act, GovInfo, (November 19, 2019), https://www.govinfo.gov/app/details/FR-2019-11-19/2019-25137. [Close x](javascript:;) #### 84 FR 63994 - Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality Act - [Summary](javascript:;) - [Document in Context ](javascript:;) - [Related Documents ](javascript:;) #### Publication Title Federal Register Volume 84, Issue 223 (November 19, 2019) #### Category Regulatory Information #### Collection Federal Register #### SuDoc Class Number AE 2.7: GS 4.107: AE 2.106: #### Publisher Office of the Federal Register, National Archives and Records Administration #### Section Rules and Regulations #### Action Interim final rule; request for comment. #### Dates Effective date: This rule is effective November 19, 2019. #### Contact USCIS: Andrew Davidson, Chief, Asylum Division, Refugee Asylum and International Operations, U.S. Citizenship & Immigration Services, 20 Massachusetts Avenue NW, Suite 1100, Washington, DC 20529-2140; Telephone (202) 272-8377 (not a toll-free call). #### Summary The Department of Justice (\"DOJ\") and the Department of Homeland Security (\"DHS\") (collectively, \"the Departments\") are adopting an interim final rule (\"IFR\" or \"rule\") to modify existing regulations to provide for the implementation of Asylum Cooperative Agreements (\"ACAs\") that the United States enters into pursuant to section 208(a)(2)(A) of the Immigration and Nationality Act (\"INA\" or \"Act\"). Because the underlying purpose of section 208(a)(2)(A) is to provide asylum seekers with access to only one of the ACA signatory countries' protection systems, this rule adopts a modified approach to the expedited removal",
  "reviewMethod": "Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-dos-i130-delegation-20200201",
  "countryCode": "US",
  "country": "United States",
  "title": "Advance USCIS permission removed for qualifying consular I-130 filings",
  "policyEffect": "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.",
  "operativeDate": "2020-02-01",
  "year": 2020,
  "affectedGroup": "Form i-130 petitioners meeting exceptional-circumstance or blanket-authorization criteria for consular filing",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Family immigration",
  "policyTool": "Consular filing delegation",
  "sourceName": "USCIS",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20200131-I-130FiledAbroad.pdf",
  "preciseCitation": "POLICY ALERT - Accepting Petition for Alien Relative (Form I-130) Abroad",
  "evidencePassage": "or parent (if the U.S. citizen is 21 years of age or older) through March 31, 2020. PA-2020-03: Accepting Petition for Alien Relative (Form I-130) Abroad Page: 2 • Removes the requirement that DOS seek and receive case-specific permission from USCIS in advance, and instead explains when DOS may exercise its discretion to accept and adjudicate Forms I-130 filed abroad, and related procedures. • Provides examples of exceptional circumstances, such as medical emergencies, and clarifies blanket authorization criteria, such as for certain active duty military members, that petitioners must meet in … order to warrant DOS’s favorable exercise of discretion to accept and adjudicate Form I-130. Citation Volume 6: Immigrants, Part B, Family-Based Immigrants, Chapter 3, Filing [6 USCIS-PM B.3]. … e process. USCIS encourages all eligible petitioners to utilize online filing. This guidance, contained in Volume 6 of the Policy Manual, is effective February 1, 2020, and applies to petitions filed on or after that date. Once effective, this policy will supersede the guidance found in Chapter 21.12 of the Adjudicator’s Field Manual (AFM), related AFM appendices, and related policy memoranda. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Clarifies that USCIS will, generally, no longer accept and adjudicat",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-overseas-i130-20200201",
  "countryCode": "US",
  "country": "United States",
  "title": "Routine I-130 processing ends at most USCIS international offices",
  "policyEffect": "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.",
  "operativeDate": "2020-02-01",
  "year": 2020,
  "affectedGroup": "Us-citizen and other eligible form i-130 petitioners seeking overseas uscis filing",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Family immigration",
  "policyTool": "Overseas petition processing",
  "sourceName": "USCIS",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20200131-I-130FiledAbroad.pdf",
  "preciseCitation": "POLICY ALERT - Accepting Petition for Alien Relative (Form I-130) Abroad",
  "evidencePassage": "e process. USCIS encourages all eligible petitioners to utilize online filing. This guidance, contained in Volume 6 of the Policy Manual, is effective February 1, 2020, and applies to petitions filed on or after that date. Once effective, this policy will supersede the guidance found in Chapter 21.12 of the Adjudicator’s Field Manual (AFM), related AFM appendices, and related policy memoranda. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Clarifies that USCIS will, generally, no longer accept and adjudicat … e routine Form I-130 petitions at its remaining international offices, as of February 1, 2020, 2 and outlines filing options, including the new Form I-130 online filing. 1 See Process for Responding to Requests by the Department of State (DOS) to Accept a Locally Filed Form I-130, Petition for Alien Relative, PM-602-0043.1, issued May 14, 2012. 2 However, the USCIS offices in Accra, Ghana and London, United Kingdom will continue to accept and adjudicate Form I-130 petitions filed by U.S. citizens residing in-country who are filing on behalf of their spouse, unmarried child under the age of 21, … or parent (if the U.S. citizen is 21 years of age or older) through March 31, 2020. PA-2020-03: Accepting Petition for Alien Relative (Form I-130) Abroad Page: 2 • Removes the requirement that DOS seek and receive case-specific permission from USCIS in advance, and instead explains when DOS may exercise its discretion to accept and adjudicate Forms I-130 filed abroad, and related procedures. • Provides examples of exceptional circumstances, such as medical emergencies, and clarifies blanket authorization criteria, such as for certain active duty military members, that petitioners must meet in",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "screening-b7817ff79d63d8745cb2",
  "countryCode": "US",
  "country": "United States",
  "title": "Suspension of Entry for Aliens Physically Present in China",
  "policyEffect": "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.",
  "operativeDate": "2020-02-02",
  "year": 2020,
  "affectedGroup": "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",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Government Publishing Office",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2020-02-05/html/2020-02424.htm",
  "preciseCitation": "Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk",
  "evidencePassage": "be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: Section 1. Suspension and Limitation on Entry. 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 t … nces warrant and no more than 15 days after the date of this order and every 15 days thereafter, recommend that the President continue, modify, or terminate this proclamation. Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on February 2, 2020. Sec. 7. Severability. It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States. Accordingly: [[Page 6712]] (a) if any provision of this proclamation, or the application of a",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-53fca329c8cbd6fe13d9",
  "countryCode": "US",
  "country": "United States",
  "title": "Proclamation 9983 expands travel restrictions to six additional countries",
  "policyEffect": "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.",
  "operativeDate": "2020-02-21",
  "year": 2020,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Family, residence, other",
  "policyTool": "Entry exit",
  "sourceName": "White House archive, Proclamation, January 31, 2020",
  "sourceUrl": "https://trumpwhitehouse.archives.gov/presidential-actions/proclamation-improving-enhanced-vetting-capabilities-processes-detecting-attempted-entry",
  "preciseCitation": "White House archive, Proclamation, January 31, 2020. Proclamation 9983 expands travel restrictions to six additional countries. Effective 2020-02-21.",
  "evidencePassage": "United States Government to correct their outstanding deficiencies, and the United States believes progress is imminent for several countries and underway for others. For these reasons, these countries will be given an opportunity to show specific improvements in their deficiencies within the next 180 days. Consistent with recommendations contained in the January 2020 proposal, I have decided to leave unaltered the existing entry restrictions imposed by Proclamation 9645, as amended by Proclamation 9723, and to impose tailored entry restrictions and limitations on nationals from six additional … countries. I have decided not to impose any nonimmigrant visa restrictions for the newly identified countries, which substantially reduces the number of people affected by the proposed restrictions. Like the seven countries that continue to face travel restrictions pursuant to Proclamation 9645, the six additional countries recommended for restrictions in the January 2020 proposal are among the worst performing in the world. However, there are prospects for near-term improvement for these six countries. Each has a functioning government and each maintains productive relations with the United States. Most of the newly identified countries have expressed a willingness to work with the United States to address their deficiencies, although it may take some time to identify and implement specific solutions to resolve the deficiencies. Consistent with the January 2020 proposal, I have prioritized restricting immigrant visa travel over nonimmigrant visa travel because of the challenges of removing an individual in the United States who was admitted with an immigrant visa if, after admission to the United States, the individual is discovered to have terrorist connections, criminal ties, or … of Diversity Immigrants, as described in section 203(c) of the INA, 8 U.S.C. 1153(c). Such a suspension represents a less severe limit compared to a general restriction on immigrant visas, given the significantly fewer number of aliens affected. The Acting Secretary of Homeland Security considers foreign-government-supplied information especially important for screening and vetting the Diversity Visa population in comparison to other immigrant visa applicants, and I agree with that assessment. In many cases, the United States Government may not have the same amount of information about Diversity … would be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: Section 1. Suspension of Entry for Nationals of Countries of Identified Concern. The entry into the United States of nationals of the following countries is hereby suspended and limited, as follows, subject to section 2 of this proclamation. (a) The entry suspensions and limitations enacted by section 2 of Proclamation 9645 are not altered by this proclamation, and they remain in force by their terms, … immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended. (c) Eritrea (i) Eritrea does not comply with the established identity-management and information-sharing criteria assessed by the performance metrics. Eritrea does not issue electronic passports or adequately share several types of information, including public-safety and terrorism-related information, that are necessary for the protection of the national security and public safety of the United States. Further, Eritrea is currently subject to several … sharing criteria. (ii) The entry into the United States of nationals of Eritrea as immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended. (d) Kyrgyzstan (i) Kyrgyzstan does not comply with the established identity-management and information-sharing criteria assessed by the performance metrics. Kyrgyzstan does not issue electronic passports or adequately share several types of information, including public-safety and terrorism-related information, that are necessary for the protection of the national security and public safety of the United States. Kyrgyzstan also presents an elevated risk, relative to other countries in the world, of terrorist travel to the United States, though it has been responsive to United States diplomatic engagement on the need to make improvements. (ii) The entry into the United States of nationals of Kyrgyzstan as immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended. (e) Nigeria (i) Nigeria does not comply with the established identity-management and information-sharing … invalidates lost and stolen passports and fraudulently obtained travel documents. Because Sudan performed somewhat better than the countries listed earlier in this proclamation and is making important reforms to its system of government, different travel restrictions are warranted. (ii) The entry into the United States of nationals of Sudan as Diversity Immigrants, as described in section 203(c) of the INA, 8 U.S.C. 1153(c), is hereby suspended. (g) Tanzania (i) Tanzania does not comply with the established identity-management and information-sharing criteria assessed by the performance metrics. Tanzania",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-6ea37e322da170a3be0a",
  "countryCode": "US",
  "country": "United States",
  "title": "Nationwide Implementation of the Inadmissibility on Public Charge Grounds Final Rule",
  "policyEffect": "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",
  "operativeDate": "2020-02-24",
  "year": 2020,
  "affectedGroup": "Noncitizens applying for adjustment of status and certain nonimmigrant extensions/changes of status",
  "materialConditionsAndExceptions": "Validated condition or limit: 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",
  "policyCategory": "Permanent residence / adjustment of status / admissibility",
  "policyTool": "Inadmissibility screening / eligibility requirements",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://uscis.gov/policy-manual/volume-8-part-g",
  "preciseCitation": "USCIS Policy Manual Update / Federal Register Implementation, Inadmissibility on Public Charge Grounds, 84 FR 41292 (implemented Feb. 24, 2020).",
  "evidencePassage": "For more information about how USCIS is applying the public charge ground of inadmissibility, see the Public Charge Resources webpage. Affected Sections 8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility Technical Update - Replacing the Term “Alien” May 11, 2021 This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”]. Affected Sections 1 USCIS-PM - Volume 1 - General Policies and Procedures 2 USCIS-PM - Volume 2 - Nonimmigrants 6 USCIS-PM - Volume 6 - Immigrants 7 USCIS-PM - Volume 7 - Adjustment of Status 8 USCIS-PM - Volume 8 - Admissibility 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief 10 USCIS-PM - Volume 10 - Employment Authorization 11 USCIS-PM - Volume 11 - Travel and Identity Documents 12 USCIS-PM - Volume 12 - Citizenship and Naturalization Technical Update - Removing Guidance on Inadmissibility on Public Charge Grounds March 10, 2021 This technical update removes the guidance in Volume 2, Part A, Chapter 4, Volume 8, Part G, and Volume 12, Part D, Chapter 2 relating to the administration of the public charge ground of inadmissibility under the Inadmissibility on Public Charge Grounds final rule, 84 FR 41292 (Aug.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-46ee2b13ddbbecd423e8",
  "countryCode": "US",
  "country": "United States",
  "title": "Implementation of the H-1B Electronic Registration Process",
  "policyEffect": "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.",
  "operativeDate": "2020-03-01",
  "year": 2020,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: Instead of submitting full paper petitions upfront, employers were required to register online and pay a $10 fee per beneficiary.",
  "policyCategory": "Work",
  "policyTool": "Other",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/archive/uscis-announces-implementation-of-h-1b-electronic-registration-process-for-fiscal-year-2021-cap",
  "preciseCitation": "www.uscis.gov. Implementation of the H-1B Electronic Registration Process. Effective 2020-03-01.",
  "evidencePassage": "Employers seeking to file H-1B cap-subject petitions for the fiscal year 2021 cap, including those eligible for the advanced degree exemption, must first electronically register and pay the associated $10 H-1B registration fee.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "screening-2c7b73d769495f158bf2",
  "countryCode": "US",
  "country": "United States",
  "title": "Suspension of Entry for Individuals Present in Iran",
  "policyEffect": "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.",
  "operativeDate": "2020-03-02",
  "year": 2020,
  "affectedGroup": "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",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Government Publishing Office",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2020-03-04/html/2020-04595.htm",
  "preciseCitation": "Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus",
  "evidencePassage": "proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: Section 1. Suspension and Limitation on Entry. 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. Sec. 2. Scope of Suspension and Limitati … by the virus.'' Sec. 5. Termination. This proclamation shall remain in effect until terminated by the President. Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on March 2, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 5:00 p.m. eastern standard time on March 2, 2020. Sec. 7. Severability. It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "screening-829be5df9ae9f8cbff42",
  "countryCode": "US",
  "country": "United States",
  "title": "Suspension of Entry for Persons Present in the Schengen Area",
  "policyEffect": "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.",
  "operativeDate": "2020-03-13",
  "year": 2020,
  "affectedGroup": "All aliens physically present within the schengen area (austria, belgium, czech republic, denmark, estonia, finland, france, germany, greece, hungary, iceland, italy, latvia, liechtenstein, lithuania, luxembourg, malta, netherlands, norway, poland, portugal, slovakia, slovenia, spain, sweden, and switzerland) within the 14 days preceding attempted u.s. entry.",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Government Publishing Office",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2020-03-16/html/2020-05578.htm",
  "preciseCitation": "Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus",
  "evidencePassage": "n 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, 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 is hereby suspended and limited subject to section 2 of this proclamation. Sec. 2. Scope of Suspension and Limitation on Entry. (a) Section 1 of this proclamation shall not apply to: (i) any lawful permanent resident of the United States; (ii) any alien who is the spouse of a U.S. citizen or lawful permanent resident; (iii) any alien w … sustained human-to-human transmission of the virus occurred in the United States on a large scale. Sustained human-to-human transmission has the potential to cause cascading public health, economic, national security, and societal consequences. The World Health Organization has determined that multiple countries within the Schengen Area are experiencing sustained person-to-person transmission of SARS-CoV-2. For purposes of this proclamation, the Schengen Area comprises 26 European states: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, It … aly, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. The Schengen Area currently has the largest number of confirmed COVID-19 cases outside of the People's Republic of China. As of March 11, 2020, the number of cases in the 26 Schengen Area countries is 17,442, with 711 deaths, and shows high continuous growth in infection rates. In total, as of March 9, 2020, the Schengen Area has exported 201 COVID-19 cases to 53 countries. Moreover, the free flow of people between the Schengen Area countries make … the Department of Homeland Security. Sec. 4. Termination. This proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services shall recommend that the President continue, modify, or terminate this proclamation as described in section 5 of Proclamation 9984, as amended. Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on March 13, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on March 13",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "screening-25b7d6376391e1c9bbe2",
  "countryCode": "US",
  "country": "United States",
  "title": "Suspension of entry for aliens physically present in the United Kingdom or the Republic of Ireland",
  "policyEffect": "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.",
  "operativeDate": "2020-03-16",
  "year": 2020,
  "affectedGroup": "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.",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Government Publishing Office",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2020-03-18/html/2020-05797.htm",
  "preciseCitation": "Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus",
  "evidencePassage": "cept as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: Section 1. Suspension and Limitation on Entry. 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 her … ribed in section 5 of Proclamation 9984, as amended. Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on March 16, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on March 16, 2020. [[Page 15344]] Sec. 6. Severability. It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States. Accordingly: (a) if any pr",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-d9da20fa47c7f29a3054001e",
  "countryCode": "US",
  "country": "United States",
  "title": "Somalia TPS designation extended through September 17, 2021",
  "policyEffect": "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.",
  "operativeDate": "2020-03-18",
  "year": 2020,
  "affectedGroup": "Nationals of somalia (or aliens having no nationality who last habitually resided in somalia)",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2020/03/11/2020-04976.txt",
  "preciseCitation": "",
  "evidencePassage": "Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Somalia for Temporary Protected Status (TPS) for 18 months, from March 18, 2020, through September 17, 2021. … The 18-month extension of the TPS designation of Somalia is effective March 18, 2020, and will remain in effect through September 17, 2021. … The 60-day re-registration period runs from March 11, 2020 through May 11, 2020. … Therefore, TPS beneficiaries who have EADs with: (1) A March 17, 2020 expiration date and (2) an A-12 or C-19 category code, can show these EADs as proof of continued employment authorization through September 13, 2020.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-52139d65a09c7ef1b408",
  "countryCode": "US",
  "country": "United States",
  "title": "CDC Title 42 Public Health Border Suspension Order",
  "policyEffect": "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.",
  "operativeDate": "2020-03-20",
  "year": 2020,
  "affectedGroup": "Irregular migrants / asylum seekers lacking valid documents",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Border control",
  "policyTool": "Border expulsion / entry denial",
  "sourceName": "Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS)",
  "sourceUrl": "https://www.federalregister.gov/documents/2020/03/26/2020-06327/notice-of-order-under-sections-362-and-365-of-the-public-health-service-act-suspending-introduction",
  "preciseCitation": "85 FR 17060",
  "evidencePassage": "Disease Exists I. Purpose and Application I issue this order pursuant to Sections 362 and 365 of the Public Health Service (PHS) Act, 42 U.S.C. 265, 268, and their implementing regulations, which authorize the Director of the Centers for Disease Control and Prevention (CDC) to suspend the introduction of persons into the United States when the Director determines that the existence of a communicable disease in a foreign country or place creates a serious danger of the introduction of such disease into the United States and the danger is so increased by the introduction of persons from the foreign country or place that a temporary suspension of such introduction is necessary to protect the public health. This order applies to persons traveling from Canada or Mexico (regardless of their country of origin) who would otherwise be introduced into a congregate setting in a land Port of Entry (POE) or Border Patrol station at or near the United States borders with Canada and Mexico, subject to the exceptions detailed below. The danger to the public health that results from the introduction of such persons into congregate settings at or near the borders is the touchstone of this order. This … processing, would typically be aliens seeking to enter the United States at POEs who do not have proper travel documents, aliens whose entry is otherwise contrary to law, and aliens who are apprehended near the border seeking to unlawfully enter the United States between POEs. This order is intended to cover all such aliens. For simplicity, I shall refer to the persons covered by this order as “covered aliens.” I suspend the introduction of all covered aliens into the United States for a period of 30 days, starting from the date of this order. I may extend this order if necessary to protect the public … the introduction of covered aliens. The immediate suspension of the introduction of these aliens requires the movement of all such aliens to the country from which they entered the United States, or their country of origin, or another location as practicable, as rapidly as possible, with as little time spent in congregate settings as practicable under the circumstances. The faster a covered alien is returned to the country from which they entered the United States, to their country of origin, or another location as practicable, the lower the risk the alien poses of introducing, transmitting, or",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-overseas-child-citizenship-20200326",
  "countryCode": "US",
  "country": "United States",
  "title": "Citizenship residence exception created for qualifying children living abroad",
  "policyEffect": "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.",
  "operativeDate": "2020-03-26",
  "year": 2020,
  "affectedGroup": "Qualifying lawful-permanent-resident children under 18 in us government-employee and military families residing abroad",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Citizenship acquisition",
  "policyTool": "Statutory residence exception",
  "sourceName": "USCIS / US Congress",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20200918-ResidenceForCitizenship.pdf",
  "preciseCitation": "POLICY ALERT - Residency Requirements for Children of Service Members and Government Employees Residing Outside of the United States for Purposes of Acquisition of Citizenship; Public Law 116-133",
  "evidencePassage": "8 USC 1101 note. SEC. 2. FACILITATING THE AUTOMATIC ACQUISITION OF CITIZENSHIP FOR LAWFUL PERMANENT RESIDENT CHILDREN OF MILI- TARY AND FEDERAL GOVERNMENT PERSONNEL RESIDING ABROAD. (a) IN GENERAL.—Section 320 of the Immigration and Nation- ality Act (8 U.S.C. 1431) is amended— (1) by striking the section header and inserting ‘‘CHILDREN BORN OUTSIDE THE UNITED STATES AND LAWFULLY ADMITTED FOR PERMANENT RESIDENCE; CONDITIONS UNDER WHICH CITIZEN- SHIP AUTOMATICALLY ACQUIRED’’; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: ‘‘(c) S … ubsection (a)(3) is deemed satisfied in the case of a child who is lawfully admitted for permanent residence in the United States if— ‘‘(1) the child is residing in the legal and physical custody of a citizen parent who is— ‘‘(A) stationed and residing abroad as an employee of the Government of the United States; or ‘‘(B) residing abroad in marital union with an employee of the Government of the United States who is stationed abroad; or ‘‘(2) the child is— ‘‘(A) residing in the legal and physical custody of a citizen parent who is— ‘‘(i) stationed and residing abroad as a member of the Armed F … orces of the United States; or ‘‘(ii) authorized to accompany and reside abroad with a member of the Armed Forces of the United States pursuant to the member’s official orders, and is so accompanying and residing abroad with the member in marital union; and dkrause on LAP5T8D0R2PROD with PUBLAWS ‘‘(B) authorized to accompany such member and reside abroad with the member pursuant to the member’s official VerDate Sep 11 2014 13:20 Mar 30, 2020 Jkt 099139 PO 00133 Frm 00001 Fmt 6580 Sfmt 6581 [official-source production path omitted] PUBL133 PUBLIC LAW 116–133—MAR. 26, 2020 134 STAT. 275 orders, and is so accompanyi … ng and residing with the member.’’. (b) CONFORMING AMENDMENT.—The table of contents for the Immigration and Nationality Act is amended by striking the item relating to section 320 and inserting the following: ‘‘Sec. 320. Children born outside the United States and lawfully admitted for per- manent residence; conditions under which citizenship automatically ac- quired.’’. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘‘Budget … 134 STAT. 274 PUBLIC LAW 116–133—MAR. 26, 2020 Public Law 116–133 116th Congress An Act To facilitate the automatic acquisition of citizenship for lawful permanent resident Mar. 26, 2020 children of military and Federal Government personnel residing abroad, and [H.R. 4803] for other purposes. Be it enacted by the Senate and House of Representatives of Citizenship for the United States of America in Congress assembled, Children of Military SECTION 1. SHORT TITLE. Members and Civil Servants This Act may be cited as the ‘‘Citizenship for Children of Act. Military Members and Civil Servants Act’’. … ary Effects of PAYGO Legislation’’ for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Com- mittee, provided that such statement has been submitted prior to the vote on passage. Approved March 26, 2020. LEGISLATIVE HISTORY—H.R. 4803: CONGRESSIONAL RECORD: Vol. 165 (2019): Dec. 3, considered and passed House. Vol. 166 (2020): Mar. 5, considered and passed Senate. dkrause on LAP5T8D0R2PROD with PUBLAWS Æ VerDate Sep 11 2014 13:20 Mar 30, 2020 Jkt 099139 PO 00133 Frm 00002 Fmt 6580 Sfmt 6580 [official-source production path omitted] PUBL133",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-aee2d378c01f2d25cba3",
  "countryCode": "US",
  "country": "United States",
  "title": "Presidential Proclamation 10014 Suspending Entry of Immigrants Risking the Labor Market",
  "policyEffect": "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.",
  "operativeDate": "2020-04-23",
  "year": 2020,
  "affectedGroup": "Employment-based and select family-based prospective permanent immigrants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Legal entry and stay",
  "policyTool": "Visa suspension / entry ban",
  "sourceName": "Executive Office of the President",
  "sourceUrl": "https://www.federalregister.gov/documents/2020/04/27/2020-09068/suspension-of-entry-of-immigrants-who-present-a-risk-to-the-united-states-labor-market-during-the",
  "preciseCitation": "85 FR 23441",
  "evidencePassage": "this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: Section 1 . Suspension and Limitation on Entry. The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation. Sec. 2 . Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who: (i) are outside the United States on the effective date of this proclamation; (ii) do not have an immigrant visa that is valid on the effective date of this proclamation; and (iii) do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission. (b) The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to: (i) any lawful permanent … resident of the United States; (ii) any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the … alien; (iii) any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program; (iv) any alien who is the spouse of a United States citizen; (v) any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications; (vi) any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; (vii) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces; ( printed page 23443) (viii) any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or (ix) any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective … Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States. Sec. 4 . Termination. This proclamation shall expire 60 days from its effective date and may be continued as necessary. Whenever appropriate, but no later than 50 days from the effective date of this proclamation, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend whether I should continue or modify this proclamation. Sec. 5 . Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on April 23, 2020. Sec. 6 .",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-brazil-entry-restriction-20200526",
  "countryCode": "US",
  "country": "United States",
  "title": "Brazil COVID-19 entry restriction begins on amended date",
  "policyEffect": "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.",
  "operativeDate": "2020-05-26",
  "year": 2020,
  "affectedGroup": "Noncitizens with recent physical presence in brazil, subject to specified exemptions",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Government Publishing Office",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2020-05-28/html/2020-11616.htm",
  "preciseCitation": "Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus; Amendment to Proclamation of May 24, 2020, Suspending Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus",
  "evidencePassage": "ity of our transportation system and infrastructure and the national security, and I have determined that it is in the interests of the United States to take action to restrict and suspend the entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States. The free flow of commerce between the United States and the Federative Republic of Brazil remains an economic priority for the United States, and I remain committed to faci … their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: [[Page 31934]] Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Federative Republic of Brazil 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. Sec. 2. Scope of Suspension and Limitation on Entry. (a) Section 1 of this proclamation shall not … apply to: (i) any lawful permanent resident of the United States; (ii) any alien who is the spouse of a U.S. citizen or lawful permanent resident; (iii) any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21; (iv) any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21; (v) any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a … and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, I hereby amend the Proclamation of May 24, 2020, titled ``Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus'' as follows: Section 1. Amendment. Section 5 is amended to read as follows: ``Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on May 26, 2020. This proclamation … does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on May 26, 2020.'' Sec. 2. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This proclamation shall be implemented consistent with applicable law and subject to the ava",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-b7b7a3747e3324a9dc1f",
  "countryCode": "US",
  "country": "United States",
  "title": "Proclamation 10052 suspends entry for H-1B, H-2B, J, and L workers",
  "policyEffect": "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.",
  "operativeDate": "2020-06-24",
  "year": 2020,
  "affectedGroup": "Any alien seeking entry pursuant to any of the following nonimmigrant visas: h-1b, h-2b, j (intern, trainee, teacher, camp counselor, au pair, or summer work travel program), or l, and any alien accompanying or following to join such alien",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Work, exchange, other",
  "policyTool": "Entry exit",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2020/06/25/2020-13888/suspension-of-entry-of-immigrants-and-nonimmigrants-who-present-a-risk-to-the-united-states-labor",
  "preciseCitation": "",
  "evidencePassage": "The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation: … (a) an H-1B or H-2B visa, and any alien accompanying or following to join such alien; (b) a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and ( printed page 38265) (c) an L visa, and any alien accompanying or following to join such alien. … (a) The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who: (i) is outside the United States on the effective date of this proclamation; (ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and (iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission. … (b) The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to: (i) any lawful permanent resident of the United States; (ii) any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen; (iii) any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and (iv) any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees. … Except as provided in section 1 of this proclamation, this proclamation is effective at 12:01 a.m. eastern daylight time on June 24, 2020.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-53a2d11101ccbb3579e7",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS Reconsideration and Interim Limitation of Deferred Action for Childhood Arrivals (DACA)",
  "policyEffect": "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.",
  "operativeDate": "2020-07-28",
  "year": 2020,
  "affectedGroup": "Irregular migrants / daca applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Integration and rights",
  "policyTool": "Guidance / circular",
  "sourceName": "dhs.gov",
  "sourceUrl": "https://www.dhs.gov/sites/default/files/publications/20_0728_s1_daca-reconsideration-memo.pdf",
  "preciseCitation": "Department of Homeland Security, Policy Memorandum, \"Reconsideration of the June 15, 2012 Memorandum Creating the Deferred Action for Childhood Arrivals ('DACA') Policy,\" July 28, 2020.",
  "evidencePassage": "policy and the attendant benefits than aliens who submit such requests after the issuance of this memorandum. Accordingly, effective immediately, DHS shall: • Reject all initial DACA requests and associated applications for Employment Authorization Documents, and refund all associated fees, without prejudice to re-filing such requests should DHS determine to begin accepting initial requests again in the future. • Adjudicate all pending and future properly submitted DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries. • Limit the period of any deferred action granted pursuant to the DACA policy after the issuance of this memorandum (and thereby limit the period of any associated work authorization) to one year. • Refrain from terminating any grants of previously issued deferred action or revoking any Employment Authorization Documents based solely on the directives in this memorandum for the remaining duration of their validity periods. 1 Prior to July 24, DHS’s treatment of advance parole requests from DACA recipients varied. Many were rejected, while some were accepted and receipted. To the extent any rejected requestor believes exceptional circumstances support his or her request, he or she may now renew the request for advance parole, and it will be adjudicated on the terms set forth in this memorandum. Page 8 • Reject all pending and future Form I-131 applications for advance parole from beneficiaries of the DACA policy and refund all associated fees, absent exceptional circumstances. • Refrain from terminating any grants of previously approved advance parole based solely on the directives in this memorandum for the remaining duration of their validity periods. • Exercise its discretionary authority to terminate",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-6e6614bf0ad9b2277cc2",
  "countryCode": "US",
  "country": "United States",
  "title": "Removal of 30-Day Processing Provision for Form I-765 Employment Authorizations for Asylum Applicants",
  "policyEffect": "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.",
  "operativeDate": "2020-08-21",
  "year": 2020,
  "affectedGroup": "Asylum seekers",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Integration / legal stay",
  "policyTool": "Work permit processing procedure",
  "sourceName": "Department of Homeland Security / U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.federalregister.gov/documents/2020/06/22/2020-13391/removal-of-30-day-processing-provision-for-asylum-applicant-related-form-i-765-employment",
  "preciseCitation": "85 FR 37502",
  "evidencePassage": "Register / Vol. 85, No. 120 / Monday, June 22, 2020 / Rules and Regulations\u0000\u0000 [[Page 37502]] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 208 [CIS No. 2617-18; DHS Docket No. USCIS-2018-0001] RIN 1615-AC19 Removal of 30-Day Processing Provision for Asylum Applicant- Related Form I-765 Employment Authorization Applications AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule removes a Department of Homeland … Security (DHS) regulatory provision stating that U.S. Citizenship and Immigration Services (USCIS) has 30 days from the date an asylum applicant files the initial Form I-765, Application for Employment Authorization, (EAD application) to grant or deny that initial employment authorization application. This rule also removes the provision requiring that the application for renewal must be received by USCIS 90 days prior to the expiration of the employment authorization. DATES: This final rule is effective August 21, 2020. FOR FURTHER INFORMATION CONTACT: Daniel Kane, Branch Chief, Service Center … considered the public comments received and this final rule adopts the regulatory text proposed in the Notice of Proposed Rulemaking (NPRM) published in the Federal Register on September 9, 2019, in all material respects. See Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications, Proposed Rule, 84 FR 47148. As a consequence, this final rule makes the following major revisions to the application for employment authorization for asylum seekers program regulations: 1. Eliminates the 30-day adjudication requirement for initial filings; and 2. … eliminates the requirement that applications to renew employment authorization must be received by USCIS 90 days prior to the expiration of the applicant's employment authorization. D. Summary of Costs and Benefits DHS notes that the estimates from the NPRM regarding unemployment, number of asylum applicants per year, and USCIS processing are not currently applicable as COVID-19 has had a dramatic impact on all three. DHS offers this analysis as a glimpse of the potential impacts of the rule, but the analysis relies on assumptions related to a pre- COVID economy. While future economic conditions … and Discussion A. Elimination of 30-Day Processing Timeframe Processing of Applications for Employment Authorization Documents (EADs) Pursuant to 8 CFR 208.7, 274a.12(c)(8), and 274a.13(a)(2), pending asylum applicants may request an EAD by filing an EAD application using Form I-765, Application for Employment Authorization. Under 8 CFR 208.7(a)(1) prior to this final rule, USCIS' adjudicatory timeframe for initial employment authorization requests under the (c)(8) category was 30 days. The 30-day timeframe in 8 CFR 208.7(a)(1) was established more than 20 years ago,\\13\\ when the former Immigration",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "repair-fcp5-c717fdb06e4412d4991b",
  "countryCode": "US",
  "country": "United States",
  "title": "Temporary Travel Restrictions at Land Ports of Entry (U.S.-Canada and U.S.-Mexico Borders)",
  "policyEffect": "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",
  "operativeDate": "2020-08-21",
  "year": 2020,
  "affectedGroup": "Cross-border land travelers seeking entry for non-essential purposes",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Border control / legal entry",
  "policyTool": "Entry restriction / border closure",
  "sourceName": "justice.gov / Federal Register",
  "sourceUrl": "https://justice.gov/eoir/page/file/1307081/dl?inline=",
  "preciseCitation": "Department of Homeland Security / U.S. Customs and Border Protection, 85 FR 16547, 85 FR 16548 (March 24, 2020); continued at 85 FR 51633, 85 FR 51634 (August 21, 2020)",
  "evidencePassage": "–19 with the authority granted in 19 U.S.C. Restrictions Applicable to Land Ports pandemic. As of August 17, there are 1318(b)(1)(C) and (b)(2),7 I have of Entry and Ferries Service Between over 21.2 million confirmed cases determined that land ports of entry the United States and Mexico globally, with over 761,000 confirmed along the U.S.-Mexico border will AGENCY: Office of the Secretary, U.S. deaths.3 There are over 5.3 million continue to suspend normal operations Department of Homeland Security; U.S. confirmed and probable cases within and will only allow processing for entry Customs and … Border Protection, U.S. the United States,4 over 121,000 into the United States of those travelers Department of Homeland Security. confirmed cases in Canada,5 and over engaged in ‘‘essential travel,’’ as defined ACTION: Notification of continuation of 511,000 confirmed cases in Mexico.6 below. Given the definition of ‘‘essential temporary travel restrictions. travel’’ below, this temporary alteration Notice of Action in land ports of entry operations should SUMMARY: This document announces the Given the outbreak and continued not interrupt legitimate trade between decision of the Secretary of … ROD with RULES 4 CDC, Cases of COVID–19 in the U.S. (last ‘‘essential travel,’’ as further defined in any Customs office or port of entry or take any other updated Aug. 17, 2020), available at https:// lesser action that may be necessary to respond to that document.1 The document www.cdc.gov/coronavirus/2019-ncov/cases- the specific threat.’’ Congress has vested in the updates/cases-in-us.html. Secretary of Homeland Security the ‘‘functions of 1 85 FR 16547 (Mar. 24, 2020). That same day, 5 WHO, Coronavirus disease 2019 (COVID–19) all officers, employees, and organizational units of DHS also p … ublished notice of the Secretary’s Situation Report—209 (Aug. 16, 2020). the Department,’’ including the Commissioner of decision to temporarily limit the travel of 6 Id. CBP. 6 U.S.C. 112(a)(3). VerDate Sep<11>2014 16:00 Aug 20, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 [official-source production path omitted] 21AUR1 51634 Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations entry operations authorized under 19 constitute ‘‘essential travel’’ under this temporarily limit the travel of U.S.C. 1318(b)(1)(C) and (b)(2), travel Notification. Further, the CBP individuals fr … om Canada into the United through the land ports of entry and ferry Commissioner may, on an States at land ports of entry along the terminals along the United States- individualized basis and for United States-Canada border to Mexico border shall be limited to humanitarian reasons or for other ‘‘essential travel,’’ as further defined in ‘‘essential travel,’’ which includes, but purposes in the national interest, permit that document.1 The document is not limited to— the processing of travelers to the United described the developing circumstances • U.S. citizens and lawful permanent States not … Homeland transmission and spread of COVID–19 the two nations or disrupt critical Security (Secretary) to continue to within the United States and globally, supply chains that ensure food, fuel, temporarily limit the travel of the Secretary has determined that the medicine, and other critical materials individuals from Mexico into the United risk of continued transmission and reach individuals on both sides of the States at land ports of entry along the spread of the virus associated with border. United States-Mexico border. Such COVID–19 between the United States For purposes of the temporary … travel will be limited to ‘‘essential and Mexico poses an ongoing ‘‘specific alteration in certain designated ports of travel,’’ as further defined in this threat to human life or national document. interests.’’ 7 19 U.S.C. 1318(b)(1)(C) provides that U.S. and Mexican officials have ‘‘[n]otwithstanding any other provision of law, the DATES: These restrictions go into effect Secretary of the Treasury, when necessary to mutually determined that non-essential respond to a national emergency declared under the at 12 a.m. Eastern Daylight Time (EDT) National Emergencies Act (50 U.S.C. 1601 et seq. … el,’’ as further defined in passenger ferry travel, and pleasure boat that document. 85 FR 16547 (Mar. 24, 2020). United States-Canada border. Such 2 See 85 FR 44185 (July 22, 2020); 85 FR 37744 travel between the United States and travel will be limited to ‘‘essential (June 24, 2020); 85 FR 31050 (May 22, 2020); 85 FR Mexico. These restrictions are travel,’’ as further defined in this 22352 (Apr. 22, 2020). DHS also published parallel temporary in nature and shall remain in document. notifications of the Secretary’s decisions to effect until 11:59 p.m. EDT on continue temporarily limiting the … ) on August 21, 2020, and will remain in individuals from Canada into the United States at or to a specific threat to human life or national effect until 11:59 p.m. EDT on land ports of entry along the United States-Canada interests,’’ is authorized to ‘‘[t]ake any . . . action September 21, 2020. border to ‘‘essential travel,’’ as further defined in that may be necessary to respond directly to the that document. 85 FR 16548 (Mar. 24, 2020). national emergency or specific threat.’’ On March FOR FURTHER INFORMATION CONTACT: 2 See 85 FR 44183 (July 22, 2020); 85 FR 37745 1, 2003, certain functio",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-586d5cfa0fe0e525ad46",
  "countryCode": "US",
  "country": "United States",
  "title": "Revisions to Asylum Application, Interview, and Employment Authorization for Applicants",
  "policyEffect": "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.",
  "operativeDate": "2020-08-25",
  "year": 2020,
  "affectedGroup": "Asylum seekers",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Integration / asylum",
  "policyTool": "Work authorization eligibility / waiting period",
  "sourceName": "Department of Homeland Security",
  "sourceUrl": "https://www.federalregister.gov/documents/2020/06/26/2020-13544/asylum-application-interview-and-employment-authorization-for-applicants",
  "preciseCitation": "85 FR 38532",
  "evidencePassage": "SUMMARY: On November 14, 2019, the Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM) that would modify DHS's regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application. This final rule implements the proposed rule, with some amendments based on public comments received. DATES: This final rule is effective August 25, 2020.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-af9db9095b292695df65",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS temporarily requires government-provided interpreters for many asylum interviews",
  "policyEffect": "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.",
  "operativeDate": "2020-09-23",
  "year": 2020,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian",
  "policyTool": "Processing",
  "sourceName": "Federal Register 85 FR 59655",
  "sourceUrl": "https://www.federalregister.gov/documents/2020/09/23/2020-21073/asylum-interview-interpreter-requirement-modification-due-to-covid-19",
  "preciseCitation": "Federal Register 85 FR 59655. DHS temporarily requires government-provided interpreters for many asylum interviews. Effective 2020-09-23.",
  "evidencePassage": "Requirement Modification Due to COVID-19 AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security (DHS). ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: This rule temporarily (for 180 days) amends existing Department of Homeland Security (DHS) regulations to provide that asylum applicants who cannot proceed with the interview in English are no longer required to provide interpreters at the asylum interview but rather must ordinarily proceed with DHS-provided telephonic interpreters. DATES: This rule is effective … 18, 2020 to June 4, 2020. In an effort to promote safety as USCIS continues to reopen offices to the public for in-person services and resume necessary operations, DHS has determined, for 180 days, to no longer require asylum applicants who are unable to proceed with the interview in English to provide an interpreter. Rather, asylum applicants will ordinarily be required to proceed with government-provided telephonic contract interpreters so long as they speak one of the 47 languages found on the Required Languages for Interpreter Services BPA/GSA Language Schedule (``GSA Schedule''). If the applicant … amended by adding paragraph (h) to read as follows: 208.9 Procedure for interview before an asylum officer. * * * * * (h) Asylum Applicant Interpreters for asylum interviews conducted between September 23, 2020, through March 22, 2021. (1) Asylum applicants unable to proceed with the interview in English must use USCIS's telephonic interpreter services, so long as the applicant is fluent in one of the following languages: Akan, Albanian, Amharic, Arabic, Armenian, Azerbaijani, Bengali, Burmese, Cantonese, Creole/Haitian Creole, Farsi-Afghani/Dari, Farsi-Iranian, Foo Chow/Fuzhou, French, Georgian, Gujarati",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-03fc149319ec60a13b08",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS finalizes USCIS fee schedule and fee-waiver changes",
  "policyEffect": "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.",
  "operativeDate": "2020-10-02",
  "year": 2020,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Family, residence, humanitarian, work, study, other",
  "policyTool": "Fee",
  "sourceName": "Federal Register 85 FR 46788",
  "sourceUrl": "https://www.federalregister.gov/documents/2020/08/03/2020-16389/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration",
  "preciseCitation": "Federal Register 85 FR 46788. DHS finalizes USCIS fee schedule and fee-waiver changes. Effective 2020-10-02.",
  "evidencePassage": "Citizenship and Immigration Services, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule adjusts certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). It also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies intercountry adoption processing. USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the full cost of providing adjudication and naturalization services. Therefore, the Department of Homeland Security (DHS) is adjusting USCIS fees by a weighted average increase of 20 percent, adding new fees for certain immigration benefit requests, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms. This final rule is intended to ensure that USCIS has the resources it needs to provide adequate service to applicants and petitioners. DATES: This final rule is effective October 2, 2020. Any application, petition, or request postmarked on or after this date must be accompanied with the … related to setting, collecting, and administering fees. Fee schedule adjustments are necessary to recover the full operating costs associated with administering the nation's lawful immigration system and safeguarding its integrity and promise by efficiently and fairly adjudicating requests for immigration benefit, while protecting Americans, securing the homeland, and honoring our values. This final rule also makes certain adjustments to fee waiver eligibility, filing requirements for nonimmigrant workers, premium processing service, and other administrative requirements. B. Legal Authority DHS' … . 13771 directs agencies to reduce regulation and control regulatory costs. Because the estimated impacts range from costs to cost savings, this final rule is considered neither regulatory or deregulatory under E.O. 13771. Details on the estimated impacts of this final rule can be found in the rule's economic analysis, section 2. This final rule adjusts certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). It also removes certain fee exemptions, changes fee waiver requirements,\\11\\ alters premium processing time limits, and modifies",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-fa76ff34b0e91aa1fb4a",
  "countryCode": "US",
  "country": "United States",
  "title": "Department of Labor Interim Final Rule Strengthening Wage Protections for Immigrant and Nonimmigrant Workers",
  "policyEffect": "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.",
  "operativeDate": "2020-10-08",
  "year": 2020,
  "affectedGroup": "High-skilled workers / employment-based migrants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Legal entry and stay",
  "policyTool": "Prevailing wage requirements / labor market testing",
  "sourceName": "Employment and Training Administration, Department of Labor",
  "sourceUrl": "https://www.federalregister.gov/documents/2020/10/08/2020-22132/strengthening-wage-protections-for-the-temporary-and-permanent-employment-of-certain-aliens-in-the",
  "preciseCitation": "85 FR 63872",
  "evidencePassage": "Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak.” Accordingly, this IFR revises the computation of wage levels under the Department's four-tiered wage structure based on the OES wage survey administered by the BLS to ensure that wages paid to immigrant and nonimmigrant workers are commensurate with the wages of U.S. workers with comparable levels of education, experience, and levels of supervision in the occupation and area of employment. 2. Objectives of and Legal Basis for the IFR The Department is amending its regulations at Sections 656.40 and 655.731 … to reflect the methodology the Department will use to determine prevailing wages based on the BLS's OES survey for job opportunities in the H-1B and PERM programs. The revised methodology will establish the prevailing wage for Levels I through IV, respectively, at approximately the 45th percentile, the 62nd percentile, the 78th percentile, and the 95th percentile. The INA assigns responsibilities to the Secretary relating to the entry and employment of certain categories of employment-based immigrants and nonimmigrants. This rule relates to the labor certifications that the Secretary issues for",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-cc826ea50e2be52efecd",
  "countryCode": "US",
  "country": "United States",
  "title": "USCIS Policy Manual Update: Lawful Admission Prerequisite for Naturalization",
  "policyEffect": "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.",
  "operativeDate": "2020-11-18",
  "year": 2020,
  "affectedGroup": "Naturalization applicants (form n-400)",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Citizenship & naturalization",
  "policyTool": "Eligibility & removal screening",
  "sourceName": "U.S. Citizenship and Immigration Services (USCIS)",
  "sourceUrl": "https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2",
  "preciseCitation": "USCIS Policy Alert PA-2020-23 (12 USCIS-PM B.4, D.2, F.2)",
  "evidencePassage": "which the applicant was previously admitted and then ordered removed. 2. Pending Removal Proceedings Except for certain applications for naturalization based on military service,[141] USCIS lacks the authority to grant naturalization to an applicant against whom there is a pending removal proceeding initiated by a warrant of arrest.[142] An NTA is a warrant of arrest for purposes of INA 318,[143] except in the 9th Circuit.[144] Officers should consult with USCIS counsel on any INA 318 cases in the 9th Circuit involving pending removal proceedings. Effective November 18, 2020, where a removal proceeding is pending against a naturalization applicant, USCIS denies the naturalization application under INA 318 based solely on the existence of pending removal proceedings against the applicant.[145] The officer may not issue a decision based on the merits of the naturalization application.[146] Therefore, if an NTA is issued and a removal proceeding is pending against a naturalization applicant on or before the date of the decision on the naturalization application, the officer should deny the naturalization application under INA 318,[147] even if the removal proceeding was administratively … before IIRIRA, the Warrant of Arrest may be Form I-221S, which is part of the Order to Show Cause (Form I-221). [^ 145] This applies to naturalization applications filed on or after November 18, 2020 (effective date of policy). See INA 318. See De Lara Bellajaro v. Schiltgen, 378 F.3d 1042, 1043 (9th Cir. 2004), as amended (agency’s denial of applicant’s naturalization application on the ground that INA 318 precludes the application from being considered while removal proceedings are pending is “unquestionably correct”). [^ 146] See Saba-Bakare v. Chertoff, 507 F.3d 337, 340 (5th Cir. 2007) (",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-33ef283925bd38fe5b33",
  "countryCode": "US",
  "country": "United States",
  "title": "Redesigned civics test introduced for new naturalization applications",
  "policyEffect": "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.",
  "operativeDate": "2020-12-01",
  "year": 2020,
  "affectedGroup": "Naturalization applicants filing from december 1, 2020, subject to age, residence-duration and statutory exceptions",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.; 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.",
  "policyCategory": "Citizenship and naturalization",
  "policyTool": "Civics testing",
  "sourceName": "USCIS",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20201113-CivicsTest.pdf",
  "preciseCitation": "POLICY ALERT - Civics Educational Requirement for Purposes of Naturalization",
  "evidencePassage": "on the topic. Policy Highlights • Increases the general bank of civics test questions from 100 to 128, the number of test questions for the exam to 20 (from 10), and accordingly, the number of correct answers needed 1 See INA 312(a). An applicant may be eligible for an exception to the educational requirements based on age and time as a lawful permanent resident. See INA 312(b)(2). An applicant who has a physical or developmental disability or mental impairment may be eligible for a medical exception. See INA 312(b)(1). 2 This includes the initial examination and re-examination (if needed). S … ee 8 CFR 312.5(a) and 8 CFR 335.3(b). 3 See USCIS News Release, USCIS Announces Plan to Improve the Naturalization Test (July 19, 2019). PA-2020-20: Civics Educational Requirement for Purposes of Naturalization Page: 2 to pass the civics test to 12 (from 6). The test score required to pass (60 percent correct) will not change. • Confirms that USCIS will continue to administer 10 test questions (with required 6 correct answers) to applicants who qualify for special consideration because they are age 65 or older and have been lawful permanent residents for at least 20 years. • Provides that offi … cers will ask all 20 test items (or 10 to special consideration applicants), even if the applicant achieves a passing score. Citation Volume 12: Citizenship and Naturalization, Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing [12 USCIS-PM E.2]. … as required by the INA. The new test questions were piloted in July/August of 2020. To ensure that applicants and community-based organizations engaged in test preparation will have sufficient time to prepare for the revised test, this update, contained in Volume 12 of the Policy Manual, becomes effective December 1, 2020, and applies prospectively to naturalization applications filed on or after that date. USCIS will adjudicate applications filed before the effective date based on the previous policy. The guidance contained in the Policy Manual is controlling and supersedes any prior guidance",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-0667bb823fa68773e9d1",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS narrows H-1B specialty occupation and third-party placement rules",
  "policyEffect": "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.",
  "operativeDate": "2020-12-07",
  "year": 2020,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Work",
  "policyTool": "Eligibility",
  "sourceName": "Federal Register 85 FR 63918",
  "sourceUrl": "https://www.federalregister.gov/documents/2020/10/08/2020-22347/strengthening-the-h-1b-nonimmigrant-visa-classification-program",
  "preciseCitation": "Federal Register 85 FR 63918. DHS narrows H-1B specialty occupation and third-party placement rules. Effective 2020-12-07.",
  "evidencePassage": "amending certain DHS regulations governing the H-1B nonimmigrant visa program. Specifically, DHS is: Revising the regulatory definition of and standards for a ``specialty occupation'' to better align with the statutory definition of the term; adding definitions for ``worksite'' and ``third-party worksite''; revising the definition of ``United States employer''; clarifying how U.S. Citizenship and Immigration Services (USCIS) will determine whether there is an ``employer-employee relationship'' between the petitioner and the beneficiary; requiring corroborating evidence of work in a specialty … occupation; limiting the validity period for third-party placement petitions to a maximum of 1 year; providing a written explanation when the petition is approved with an earlier validity period end date than requested; amending the general itinerary provision to clarify it does not apply to H-1B petitions; and codifying USCIS' H-1B site visit authority, including the potential consequences of refusing a site visit. The primary purpose of these changes is to better ensure that each H-1B nonimmigrant worker (H-1B worker) will be working for a qualified employer in a job that meets the statutory … definition of a ``specialty occupation.'' These changes are urgently necessary to strengthen the integrity of the H-1B program during the economic crisis caused by the COVID-19 public health emergency to more effectively ensure that the employment of H-1B workers will not have an adverse impact on the wages and working conditions of similarly employed U.S. workers. In addition, in strengthening the integrity of the H-1B program, these changes will aid the program in functioning more effectively and efficiently. DATES: This interim final rule is effective on December 7, 2020. Written comments",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-2724d9ab37fed762d77f",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS and DOJ finalize third-country transit asylum bar",
  "policyEffect": "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.",
  "operativeDate": "2021-01-19",
  "year": 2021,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian",
  "policyTool": "Eligibility",
  "sourceName": "Federal Register 85 FR 82260",
  "sourceUrl": "https://www.federalregister.gov/documents/2020/12/17/2020-27856/asylum-eligibility-and-procedural-modifications",
  "preciseCitation": "Federal Register 85 FR 82260. DHS and DOJ finalize third-country transit asylum bar. Effective 2021-01-19.",
  "evidencePassage": "--------------------------------------------------------------------- 8 CFR Parts 208 and 1208 Asylum Eligibility and Procedural Modifications; Final Rule \u0000\u0000Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations\u0000\u0000 [[Page 82260]] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 208 RIN 1615-AC44 DEPARTMENT OF JUSTICE Executive Office for Immigration Review 8 CFR Part 1208 [EOIR Docket No. 19-0111; Dir. Order 06-2021] RIN 1125-AA91 Asylum Eligibility and Procedural Modifications AGENCY: Executive … Office for Immigration Review, Department of Justice; U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On July 16, 2019, the Department of Justice and the Department of Homeland Security (``DOJ,'' ``DHS,'' or, collectively, ``the Departments'') published an interim final rule (``IFR'') governing asylum claims in the context of aliens who enter or attempt to enter the United States across the southern land border between the United States and Mexico (``southern land border'') after failing to apply for protection from persecution or torture while in a third country through which they transited en route to the United States. This final rule responds to comments received on the IFR and makes minor changes to regulations implemented or affected by the IFR for clarity and correction of typographical errors. DATES: This rule is effective on January 19, 2021. FOR FURTHER INFORMATION CONTACT: Lauren Alder Reid, Assistant Director, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041, telephone (703) 305 … this final rule makes the following changes, pursuant to the Departments' authority under section 208(b)(2)(C) of the Act, 8 U.S.C. [[Page 82262]] 1158(b)(2)(C), and finalizes this regulatory action. This final rule makes no additional changes to the IFR beyond the changes described below. A. Amendments to 8 CFR 208.13(c)(4)(i), (iii) and 1208.13(c)(4)(i), (iii) The IFR provided that an alien who enters, attempts to enter, or arrives in the United States across the southern land border after transiting through at least one country outside of the alien's home country while en route to the United States will not be found ineligible for asylum if (1) the alien demonstrates that he or she applied for protection from persecution or torture in at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States and the alien received a final judgment denying the alien protection in such country, (2) the alien demonstrates that he or she satisfies the definition of ``victim of a severe form of trafficking in persons'' provided in 8 CFR 214.11(a), or (3) if the only countries through which … of Sec. 1208.15, 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, shall be found ineligible for asylum unless (i) The alien demonstrates that he or she applied for protection from persecution in at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States and the alien received a final [[Page 82290]] judgment denying the alien protection in such country. * * * * * (iii) The only country or countries through which the alien transited en route to the United States were, at the time of the transit, not parties to the 1951 United Nations Convention relating to the Status of Refugees or the 1967 Protocol relating to the Status of Refugees. * * * * * Approved: Chad R. Mizelle, Senior Official Performing the Duties of the General Counsel, U.S. Department of Homeland Security. Approved: James R. McHenry III, Director, Executive Office",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-d0dc2ff5e121cef102eb",
  "countryCode": "US",
  "country": "United States",
  "title": "Memorandum on Reinstating Deferred Enforced Departure for Liberians",
  "policyEffect": "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.",
  "operativeDate": "2021-01-20",
  "year": 2021,
  "affectedGroup": "Existing holders",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Removal or readmission",
  "policyTool": "Eligibility",
  "sourceName": "justice.gov",
  "sourceUrl": "https://justice.gov/eoir/page/file/1367626/dl?inline=",
  "preciseCitation": "justice.gov. Memorandum on Reinstating Deferred Enforced Departure for Liberians.",
  "evidencePassage": "it is in the foreign Designated Federal Officer, President’s National Infrastructure Advisory Council, transition period for Liberian DED policy interests of the United States to Cybersecurity and Infrastructure Security beneficiaries. President Trump later defer through June 30, 2022, the Agency, Department of Homeland Security. extended that DED transition period removal of any Liberian national, or [FR Doc. 2021–02981 Filed 2–12–21; 8:45 am] through March 30, 2020. person without nationality who last BILLING CODE 9110–9P–P In December 2019, the Congress habitually resided in Liberia, who is … have been continuously present in DED as of January 10, 2021, should have Reinstating Deferred Enforced the United States since November 20, continued employment authorization Departure for Liberians 2014, as well as their spouses and through June 30, 2022. AGENCY: U.S. Citizenship and children, eligible for adjustment of The Secretary of Homeland Security Immigration Services (USCIS), status to that of United States lawful shall promptly direct the appropriate Department of Homeland Security permanent resident (LPR). The NDAA officials to make provision, by means of (DHS). gave eligible Liberian … also provide for the President determined that it is in the beneficiaries would continue to be prompt issuance of new or replacement foreign policy interests of the United eligible for employment authorization documents in appropriate cases. States to reinstate Deferred Enforced during the LRIF application period. This grant of DED and continued Departure (DED) for Liberians through The LRIF application process was employment authorization shall apply June 30, 2022. The President directed hampered by a slow launch, to any Liberian DED beneficiary as of the Secretary of Homeland Security to cumbersome … , you may also call the USCIS with that provision. See Consolidated provide for continued work Contact Center at 800–375–5283 (TTY Appropriations Act for Fiscal Year 2021, authorization through June 30, 2022. 800–767–1833). Eligible Liberian nationals (and persons without nationality who last habitually • Applicants seeking information 1 See Presidential Memorandum for the Secretary resided in Liberia) covered under DED about the status of their individual cases of State and the Secretary of Homeland Security on may check Case Status Online, available Reinstating Deferred Enforced Departure for",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "screening-07aacfe321ded43d0d98",
  "countryCode": "US",
  "country": "United States",
  "title": "Suspension of Entry for Travelers from Republic of South Africa",
  "policyEffect": "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.",
  "operativeDate": "2021-01-30",
  "year": 2021,
  "affectedGroup": "Noncitizens physically present within the republic of south africa during the 14-day period preceding their entry or attempted entry",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Government Publishing Office",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2021-01-28/html/2021-02024.htm",
  "preciseCitation": "Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019",
  "evidencePassage": "reby proclaim the following: Section 1. Suspension and Limitation on Entry. (a) The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, and the Federative Republic of Brazil 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. (b) The entry into the United States, as immigrants or nonimmigrants, of noncitizens w … ho were physically present within the Republic of South Africa 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. Sec. 2. Scope of Suspension and Limitation on Entry. (a) Section 1 of this proclamation shall not apply to: (i) any lawful permanent resident of the United States; (ii) any noncitizen national of the United States; (iii) any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident; (iv) any noncitizen who is the parent or legal guardian of a U.S. citi … section 1(b) of this proclamation is effective at 12:01 a.m. eastern standard time on January 30, 2021. The suspension and limitation on entry set forth in section 1(b) of this proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern standard time on January 30, 2021. Sec. 7. Severability. It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States. Accordingly: (a) if any provis",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-face0e30fcbb39097f9e",
  "countryCode": "US",
  "country": "United States",
  "title": "2008 civics test restored with a transition for recent applicants",
  "policyEffect": "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.",
  "operativeDate": "2021-03-01",
  "year": 2021,
  "affectedGroup": "Naturalization applicants, with filing-date and initial-interview transition conditions",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Citizenship and naturalization",
  "policyTool": "Civics testing",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210222-CivicsTest.pdf",
  "preciseCitation": "POLICY ALERT - Revising Guidance on Naturalization Civics Educational Requirement",
  "evidencePassage": "ning Integration and Inclusion Efforts for New Americans, 3 USCIS will revert to the 2008 test. There will be a brief period during which USCIS may offer both versions of the test to accommodate certain naturalization applicants who filed on or after December 1, 2020 and before 1 See INA 312(a). An applicant may be eligible for an exception to the English requirements based on age and time as a lawful permanent resident. See INA 312(b)(2). An applicant who has a qualifying physical or developmental disability or mental impairment may be eligible for a medical exception to the educational requi … rements. See INA 312(b)(1). 2 This includes the initial examination and re-examination (if needed). See 8 CFR 312.5(a) and 8 CFR 335.3(b). Applicants may also have another opportunity to pass the failed portion of the tests if they request a rehearing under INA 336(a) of a denied naturalization application. 3 See Executive Order 14012, signed February 2, 2021. PA-2021-02: Revising Guidance on Naturalization Civics Educational Requirement Page: 2 March 1, 2021 and are scheduled for an interview before April 19, 2021. This is because such applicants may have already been studying for the 2020 ci … vics test. USCIS will provide notices to such applicants affected by the policy update. This update, contained in Volume 12 of the Policy Manual, becomes effective March 1, 2021. The guidance contained in the Policy Manual is controlling and supersedes any prior guidance on the topic. Policy Highlights • Provides that USCIS will administer the 2008 civics test to applicants who filed for naturalization before December 1, 2020, or who will file on or after March 1, 2021. • Provides that USCIS will give applicants the choice to either take the 2008 civics test or the 2020 civics test in cases wh … ere applicants filed their naturalization application on or after December 1, 2020 and before March 1, 2021, and where the initial examination (interview) is scheduled to occur before April 19, 2021. • Provides that USCIS will administer the 2008 civics test to all applicants whose initial examination (interview) is scheduled to occur on or after April 19, 2021 (regardless of filing date). • Provides that USCIS will only ask civics test questions until the applicant passes or fails either the 2008 civics test or the 2020 civics test. Citation Volume 12: Citizenship and Naturalization, Part E,",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-3e4d2e07617f1595e841",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS removes 2019 public charge regulatory text after vacatur",
  "policyEffect": "DHS removed the 2019 public charge regulations from the Code of Federal Regulations after a federal court vacatur, restoring the pre-2019 regulatory text.",
  "operativeDate": "2021-03-09",
  "year": 2021,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: DHS removed the 2019 public charge regulations from the Code of Federal Regulations after a federal court vacatur, restoring the pre-2019 regulatory text.",
  "policyCategory": "Residence, family, other",
  "policyTool": "Eligibility",
  "sourceName": "Federal Register 86 FR 14221",
  "sourceUrl": "https://www.federalregister.gov/documents/2021/03/15/2021-05357/inadmissibility-on-public-charge-grounds-implementation-of-vacatur",
  "preciseCitation": "Federal Register 86 FR 14221. DHS removes 2019 public charge regulatory text after vacatur. Effective 2021-03-09.",
  "evidencePassage": "Homeland Security 8 CFR Parts 103, 106, 212, 213, 214, 245, and 248 RIN 1615-AA22 AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. SUMMARY: This final rule removes the regulations resulting from a final rule issued in August 2019, which has since been vacated by a Federal district court. DATES: This rule is effective on March 9, 2021, as a result of the district court's vacatur. FOR FURTHER INFORMATION CONTACT: Mark Phillips, Residence and Naturalization Division Chief, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security … dismissed the appeal and the Rule 54(b) judgment went into effect. DHS is now implementing the judgment, i.e., the vacatur of the August 2019 rule. This rule removes from the Code of Federal Regulations (CFR) the regulatory text that DHS promulgated in the August 2019 rule and restores the regulatory text to appear as it did prior to the issuance of the August 2019 rule.[6] This rule also removes regulatory text that DHS initially promulgated in 8 CFR part 103 as part of the August 2019 rule, but later moved to 8 CFR part 106 in the August 2020 final rule entitled U.S. Citizenship and Immigration Services … Sufficiency Discontinue This form was used to demonstrate that an alien is not likely to become a public charge Applicants for adjustment of status who are subject to the public charge ground of inadmissibility This form was the primary basis for determining whether an applicant is inadmissible on the public charge ground (8 U.S.C. 1182(a)(4), as it asked questions about the factors considered in a public charge inadmissibility determination under the August 2019 rule. Because of the vacatur and removal of the August 2019 rule, USCIS will no longer use this information collection. I-356 Request for … clarified what categories need to file Form I-944 This form is used by aliens present in the United States to obtain lawful permanent resident status For aliens applying for adjustment of status, including: Immediate relatives (spouses, children, and parents of U.S. citizens) Family-based immigrants (principal beneficiaries and their dependents) Employment-based immigrants (principal beneficiaries and their dependents) Those who entered as K nonimmigrants (Fiance(e)s or certain spouses of U.S. citizens, and their children) who are seeking lawful permanent resident status based on the primary beneficiary's marriage to the U.S. citizen petitioner Adjustment of status applicants generally must be admissible to the United States, and must demonstrate that they are not inadmissible under any of the grounds in section 212(a), including public charge. However, because of the vacatur and removal of the 2019 rule, and the discontinuation of Form I-944 USCIS will no use these elements of the information collection. I-864 Affidavit of Support Under Section 213A of the INA Update—reference to Form I-864W, which is being reinstated Statement/contract provided by a sponsor to show that the sponsor",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-b71a4ca717da46211bed",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS extends temporary asylum interview interpreter rule",
  "policyEffect": "DHS extended the temporary rule allowing USCIS-provided telephonic interpreters for many affirmative asylum interviews through September 20, 2021.",
  "operativeDate": "2021-03-22",
  "year": 2021,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian",
  "policyTool": "Processing",
  "sourceName": "Federal Register 86 FR 15072",
  "sourceUrl": "https://www.federalregister.gov/documents/2021/03/22/2021-05872/asylum-interview-interpreter-requirement-modification-due-to-covid-19",
  "preciseCitation": "Federal Register 86 FR 15072. DHS extends temporary asylum interview interpreter rule. Effective 2021-03-22.",
  "evidencePassage": "Department of Homeland Security (DHS). ACTION: Final rule and temporary final rule; extension. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security (DHS) is extending the effective date (for 180 days) of its temporary final rule which modified certain regulatory requirements to help ensure that USCIS may continue with affirmative asylum adjudications during the COVID-19 pandemic. DATES: This final rule is effective March 22, 2021. The expiration date of the temporary final rule published at 85 FR 59655 on September 23, 2020, is extended … interpreter to their interview, posing a serious health risk in the current climate. [[Page 15073]] Accordingly, this temporary rule extends the temporary final rule published at 85 FR 59655 to continue to address the international spread of pandemic Coronavirus Disease 2019 (COVID-19) by seeking to slow the transmission and spread of the disease during asylum interviews before USCIS asylum officers. To that end, this temporary rule will extend the requirement in certain instances that noncitizens interviewed for this discretionary asylum benefit use USCIS Government- provided interpreters. C. The … with other noted public safety measures, have been effective in keeping our workforce and the public safe. As of March 5, 2021, there have been 1,577 confirmed cases of COVID-19 exposure among USCIS employees and contractors. The USCIS exposure rate (5.6%) remains below the national average (8.6%). Therefore, DHS has determined that it is in the best interest of the public and USCIS employees and contractors to extend the temporary rule for another 180 days. Under this extension, asylum applicants who are unable to proceed with the interview in English will ordinarily be required to proceed with government-provided telephonic contract interpreters so long as they speak one of the 47 languages found on the Required Languages for Interpreter Services Blanket Purchase Agreement/ U.S. General Services Administration Language Schedule (``GSA Schedule''). If the applicant does not speak a language on the GSA Schedule or elects to speak a language that is not on the GSA Schedule, the applicant will be required to bring his or her own interpreter to the interview who is fluent in English and the elected language (not on the GSA schedule). USCIS incorporates into this extension the justifications … an asylum officer. * * * * * (h) Asylum applicant interpreters. For asylum interviews conducted between September 23, 2020 through September 20, 2021: * * * * * Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security. [FR Doc. 2021-05872 Filed 3-19-21; 8:45 am] BILLING CODE 9111-97-P",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-5f6a91fdeb67fd5fc1b7",
  "countryCode": "US",
  "country": "United States",
  "title": "President revises FY2021 refugee admissions allocations",
  "policyEffect": "The President issued an emergency determination revising FY2021 refugee admissions allocations while retaining the 15,000 ceiling.",
  "operativeDate": "2021-04-16",
  "year": 2021,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian",
  "policyTool": "Cap quota",
  "sourceName": "Federal Register 86 FR 21403",
  "sourceUrl": "https://www.federalregister.gov/documents/2021/04/22/2021-08545/emergency-presidential-determination-on-refugee-admissions-for-fiscal-year-2021",
  "preciseCitation": "Federal Register 86 FR 21403. President revises FY2021 refugee admissions allocations. Effective 2021-04-16.",
  "evidencePassage": "determinations and direct the following actions: (a) In response to the emergency refugee situation, the Fiscal Year (FY) 2021 allocation of admissions among refugees of humanitarian concern to the United States shall be revised as set forth in section (b) of this determination. This action is justified by grave humanitarian concerns and is otherwise in the national interest. Further, the admission of refugees affected by the emergency refugee situation cannot be accomplished under section 207(a) of the Act. (b) The revised allocations for FY 2021 are as follows: Africa................................................. 7,000 ...... East Asia.............................................. 1,000 ...... Europe and Central Asia................................ 1,500 ...... Latin America and the Caribbean........................ 3,000 ...... Near East and South Asia............................... 1,500 ...... Unallocated Reserve.................................... 1,000 ...... The Secretary of State, upon notification to the Judiciary Committees of the Congress, is authorized to use the unallocated reserve where the need for additional admissions arises and to transfer unused allocations from … the foreign policy interests of the United States and designate such persons for the purpose of that provision. (g) This determination supersedes PD 2021-02 of October 27, 2020. (h) You are authorized and directed to publish this determination in the Federal Register. (Presidential Sig.) THE WHITE HOUSE, Washington, April 16, 2021 [FR Doc. 2021-08545 Filed 4-21-21; 8:45 am] Billing code 4710-10-P",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-extension-deference-20210427",
  "countryCode": "US",
  "country": "United States",
  "title": "Deference restored for qualifying petition-extension decisions",
  "policyEffect": "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.",
  "operativeDate": "2021-04-27",
  "year": 2021,
  "affectedGroup": "Petitioners, applicants and beneficiaries seeking extensions involving the same parties and facts",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Nonimmigrant adjudication",
  "policyTool": "Deference to prior eligibility decisions",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210427-Deference.pdf",
  "preciseCitation": "POLICY ALERT - Deference to Prior Determinations of Eligibility in Requests for Extensions of Petition Validity",
  "evidencePassage": "f eligibility.1 That guidance directed officers to generally defer to prior determinations of eligibility when adjudicating petition extensions involving the same parties and facts as the initial petition. In 2017, USCIS rescinded the 2004 guidance. 2 This guidance, contained in Volume 2 of the Policy Manual, generally restores the 2004 deference policy, with updates, and is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Clarifies that USCIS gives deference to prior determinations when adjudicatin … g extension requests involving the same parties and facts unless there was a material error, material change in circumstances or in eligibility, or new material information that adversely impacts the petitioner’s, applicant’s, or beneficiary’s eligibility. • Affirms that USCIS considers, but does not defer to, previous eligibility determinations on petitions or applications made by other U.S. government agencies; that officers make determinations on the evidence of record in the petition or application under adjudication. Citation: Volume 2: Nonimmigrants, Part A, Nonimmigrant Policies and Pro … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20529 April 27, 2021 PA-2021-05 Policy Alert SUBJECT: Deference to Prior Determinations of Eligibility in Requests for Extensions of Petition Validity Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the issue of deference to prior determinations of eligibility by an officer when adjudicating a request for an extension of petition validity. Background In 2004, USCIS issued guidance addressing the issue of deference in prior determinations o",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-0dc3ca2c3bc366f13a5b",
  "countryCode": "US",
  "country": "United States",
  "title": "President raises FY2021 refugee admissions ceiling to 62,500",
  "policyEffect": "The President raised the FY2021 refugee admissions ceiling from 15,000 to 62,500 and adjusted regional allocations.",
  "operativeDate": "2021-05-03",
  "year": 2021,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian",
  "policyTool": "Cap quota",
  "sourceName": "Federal Register 86 FR 24475",
  "sourceUrl": "https://www.federalregister.gov/documents/2021/05/07/2021-09861/emergency-presidential-determination-on-refugee-admissions-for-fiscal-year-2021",
  "preciseCitation": "Federal Register 86 FR 24475. President raises FY2021 refugee admissions ceiling to 62,500. Effective 2021-05-03.",
  "evidencePassage": "re-allocate admissions among refugees of humanitarian concern and to increase Fiscal Year (FY) 2021 refugee admissions from 15,000 refugees to 62,500 refugees due to an unforeseen emergency refugee situation in countries around the globe since the signing of Presidential Determination 2021-02 on October 27, 2020 (Presidential Determination on Refugee Admissions for Fiscal Year 2021) (PD 2021-02). In Presidential Determination 2021-05 of April 16, 2021 (Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2021) (PD 2021-05), I changed the allocation of admissions in PD 2021 … number of admissions permissible for FY 2021 to 62,500 is justified by grave humanitarian concerns and is otherwise in the national interest. The number of refugee admissions authorized by this determination under section 207(b) of the Immigration and Nationality Act (8 U.S.C. 1157(b)) sends the important message that the United States remains a safe harbor for some of the most vulnerable people in the world. This number also sets a goal for USRAP and the non-governmental and international organizations with whom USRAP partners to resettle refugees. Given the gravity of the global refugee crisis, … 000 ...... Europe and Central Asia................................ 4,000 ...... Latin America and the Caribbean........................ 5,000 ...... Near East and South Asia............................... 13,000 ...... Unallocated Reserve.................................... 12,500 ...... The provisions of PD 2021-05 are retained, except to the extent superseded by this determination. You are authorized and directed to publish this determination in the Federal Register. (Presidential Sig.) THE WHITE HOUSE, Washington, May 3, 2021 [FR Doc. 2021-09861 Filed 5-6-21; 8:45 am] Billing code 4710-10-P",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-3e47f1f1853004cc6a72",
  "countryCode": "US",
  "country": "United States",
  "title": "President revokes immigrant health-insurance entry restriction",
  "policyEffect": "Proclamation 10209 revoked Proclamation 9945, ending the immigrant visa health-insurance or ability-to-pay entry restriction.",
  "operativeDate": "2021-05-14",
  "year": 2021,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: Proclamation 10209 revoked Proclamation 9945, ending the immigrant visa health-insurance or ability-to-pay entry restriction.",
  "policyCategory": "Family, residence, other",
  "policyTool": "Entry exit",
  "sourceName": "Federal Register 86 FR 27015",
  "sourceUrl": "https://www.federalregister.gov/documents/2021/05/19/2021-10686/revoking-proclamation-9945",
  "preciseCitation": "Federal Register 86 FR 27015. President revokes immigrant health-insurance entry restriction. Effective 2021-05-14.",
  "evidencePassage": "the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), hereby find that the unrestricted entry into the United States of noncitizen immigrants based solely on the reasons articulated in Proclamation 9945 is not detrimental to the interests of the United States. I therefore hereby proclaim the following: Section 1 . Revocation. Proclamation 9945 is revoked. Sec. 2 . Review of Agency Actions. The Secretary of State, the Secretary of Health and Human Services, and the Secretary of Homeland Security shall … proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. ( printed page 27016) IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-5ded7f75c6ad57741a68ee84",
  "countryCode": "US",
  "country": "United States",
  "title": "regulatory text restored to appear as it did before the October 2020 IFR",
  "policyEffect": "regulatory text restored to appear as it did before the October 2020 IFR",
  "operativeDate": "2021-05-19",
  "year": 2021,
  "affectedGroup": "H-1b nonimmigrant visa classification program",
  "materialConditionsAndExceptions": "Recorded validated scope: 8 CFR Part 214.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2021/05/19/2021-10489/strengthening-the-h-1b-nonimmigrant-visa-classification-program-implementation-of-vacatur",
  "preciseCitation": "",
  "evidencePassage": "October 2020 IFR; however, changes to the regulatory text as set forth in the IFR are still reflected in the Code of Federal Regulations (CFR) at 8 CFR 214.2. --------------------------------------------------------------------------- \\1\\ 85 FR 63918 (Oct 8, 2020). \\2\\ See JSW Chamber of Commerce of the United States of America et al. v. United States Department of Homeland Security, et al., No. 4:20-cv-07331 (N.D. Cal. Dec. 1, 2020). --------------------------------------------------------------------------- This rule removes from the CFR the regulatory text that the Department promulgated in the October 2020 IFR and restores the regulatory text to appear as it did before the October 2020 IFR, and consistent with the rules that remain valid subsequent to the court's vacatur. DHS is not required to provide notice and comment or delay the effective date of this rule because this rule simply implements the court's vacatur of the IFR and restores the regulatory text so that it correctly reflects the regulatory text that predates the vacatur and remains valid. The changes made by the IFR do not have any legal effect. Moreover, good cause exists here for bypassing any otherwise applicable … requirements of notice and comment and a delayed effective date. Notice and comment and a delayed effective date are unnecessary for the implementation of the court's order vacating the rule and would be impracticable and contrary to the public interest in light of the agency's immediate need to implement the final judgment. See 5 U.S.C. 553(b)(B), (d). DHS believes that delaying the ministerial act of restoring the regulatory text in the Federal Register is contrary to the public interest because it could lead to confusion, particularly among the regulated public, as to the eligibility requirements",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-adjustment-ead-two-years-20210609",
  "countryCode": "US",
  "country": "United States",
  "title": "Initial and renewal work permits for adjustment applicants extended to two years",
  "policyEffect": "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.",
  "operativeDate": "2021-06-09",
  "year": 2021,
  "affectedGroup": "Ina 245 adjustment applicants receiving initial or renewal employment authorization documents",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Employment during adjustment",
  "policyTool": "Work-permit validity",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210609-EmploymentAuthorization.pdf",
  "preciseCitation": "POLICY ALERT - Employment Authorization for Certain Adjustment Applicants",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 June 9, 2021 PA-2021-10 Policy Alert SUBJECT: Employment Authorization for Certain Adjustment Applicants Purpose U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to increase the amount of time a grant of employment authorization is valid for applicants seeking adjustment of status under Section 245 of the Immigration and Nationality Act (INA). Background When an applicant applies for adjustment of status, he or she may also apply for employment au … thorization so that the applicant may work in the United States while waiting for a decision on the adjustment application. Currently, USCIS issues adjustment applicants Employment Authorization Documents (EADs) that are valid for 1 year. However, in the interest of reducing the burden on both the agency and the public, because the current median processing time for certain adjustment of status applications is close to or greater than 1 year, USCIS will now issue initial and renewal EADs to adjustment applicants that are valid for 2 years. Replacement EADs will not be affected by this update; … USCIS will continue to issue replacement EADs with the same validity dates as the original EAD. 1 This guidance, contained in Volume 10 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Updates the validity period for initial and renewal EADs issued to applicants for adjustment of status under INA 245 from 1 year to 2 years. Citation Volume 10: Employment Authorization, Part B, Specific Categories, Chapter 4, Adjustment Applicants Under INA 245 [10 USCIS-PM B.4]. 1 An applica",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-120f094863be207019e2",
  "countryCode": "US",
  "country": "United States",
  "title": "Bona fide review introduced for work authorization while U petitions are pending",
  "policyEffect": "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.",
  "operativeDate": "2021-06-14",
  "year": 2021,
  "affectedGroup": "Principal u-status petitioners and qualifying family members meeting bona fide and discretionary standards",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Humanitarian and victim protection",
  "policyTool": "Bona fide review and interim work authorization",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210614-VictimsOfCrimes.pdf",
  "preciseCitation": "POLICY ALERT - Bona Fide Determination Process for Victims of Qualifying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners",
  "evidencePassage": "fying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners Page: 2 Due to drastic increases in the volume of U nonimmigrant petitions and a growing backlog awaiting placement on the waiting list or final adjudication, USCIS has decided to exercise its discretion under INA 214(p)(6) to conduct bona fide determinations (BFD) and provide EADs and deferred action to noncitizens with pending, bona fide petitions who meet certain discretionary standards. 7 This guidance, contained in Volume 3 of the Policy Manual, updates and replaces Chapter 39.1(d)(2) and (f) of the Adj … udicator’s Field Manual (AFM), as well as the AFM’s related appendices, and related policy memoranda. USCIS is implementing this guidance immediately and the guidance applies to all Form I-918 petitions that are currently pending, or filed on or after June 14, 2021. 8 The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Provides that USCIS conducts an initial review of Form I-918 and will issue BFD EADs and deferred action for 4 years to petitioners for U nonimmigrant status and qualifying family members if USCIS deems their … petition “bona fide”, instead of completing a full waiting list adjudication. • Clarifies that, if USCIS determines the principal petition is bona fide, USCIS will then determine whether the principal petitioner poses a risk to national security 9 or public safety, and finally, whether the principal petitioner warrants a favorable exercise of discretion to receive employment authorization under INA 214(p)(6) and deferred action. • Explains that those who do not receive a BFD EAD under this initial review will proceed to the full waiting list adjudication and, if their petitions are approvable, … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 June 14, 2021 PA-2021-13 Policy Alert SUBJECT: Bona Fide Determination Process for Victims of Qualifying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners Purpose U.S. Citizenship and Immigration Services (USCIS) is publishing guidance in the USCIS Policy Manual 1 on employment authorization and deferred action for principal petitioners for U nonimmigrant status and qualifying family members with pending, bona fide petitions. 2 Background U nonimmigrant status is availabl",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-e4d22a75ed307869e5be",
  "countryCode": "US",
  "country": "United States",
  "title": "Attorney General Vacatur of Matter of A-B- and Matter of L-E-A-",
  "policyEffect": "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).",
  "operativeDate": "2021-06-16",
  "year": 2021,
  "affectedGroup": "Victims of gang and gender-based violence",
  "materialConditionsAndExceptions": "Validated condition or limit: 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).",
  "policyCategory": "Asylum / adjudication precedents",
  "policyTool": "Legal interpretation / asylum criteria",
  "sourceName": "Executive Office for Immigration Review, Department of Justice",
  "sourceUrl": "https://www.justice.gov/eoir/page/file/1404616/dl",
  "preciseCitation": "Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021) & Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021)",
  "evidencePassage": "U.S. Department of Justice Office of the Associate Attorney General June 16, 2021 MEMORANDUM FOR THE CIVIL DIVISION FROM: Vanita Gupta tk..; Associate Attorney General RE: Impact of Attorney General decisions in Matter of L-E-A- and Matter of A-B- Today, Attorney General Merrick Garland vacated the previous Attorney General decisions in Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019) (\"L-E-A- 11\"), Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018) (\"A-B- I\"), and Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021) (\"A-B- II\"). Attorney General Garland's decisions instruct that Immigration Judges and the Board … of Immigration Appeals should no longer follow the vacated decisions and should instead revert to prior precedent. These decisions involve important questions about the meaning of our Nation's asylum laws, which reflect America's commitment to providing refuge to some of the world's most vulnerable people. Congress has authorized grants of asylum to those who, among other things, can show that they are fleeing persecution on account of their membership in a \"particular social group.\" 8 U.S.C. § 1101(a)(42)(A); see 8 U.S.C. § 1l 58(b)(l)(A), (B)(i). The now-vacated decisions in L-E-A- II, A-B- … circumstances in which a person should be considered a member of a 'particular social group.\"' Exec. Order No. 14010, § 4(c)(ii), 86 Fed. Reg. 8267, 8271 (Feb. 2, 2021). In today' s decisions, the Attorney General explains that he is vacating L-E-A- II, A-B- I, and A-B- II to return the law to its preexisting status pending the rulemaking process, which will allow these complex and important questions to be resolved with the benefit of full public comment. When the final rule is promulgated, it will govern these issues going forward. The Civil Division's Office of Immigration Litigation is responsible for defending the decisions of the Board of Immigration Appeals when they are challenged in the federal courts of appeals. Please review any pending cases that may be affected by the Attorney General's vacatur ofL-E-A- II, A-B- I, and A-B- II and take appropriate steps in light ofthat development, including seeking remands in appropriate cases to allow the Board to reconsider asylum claims based on this change in the law. 1 Thank you for your prompt attention to these matters, and for the Division's continuing work to ensure that all asylum claims-including those based on domestic violence, gang violence, or family relationships-are considered fairly, expeditiously, and in accordance with our Nation's laws. 2",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-a9c2584fe0b9bb96b7b5",
  "countryCode": "US",
  "country": "United States",
  "title": "Attorney General Overruling of Matter of Castro-Tum and Restoration of Administrative Closure (Matter of Cruz-Valdez)",
  "policyEffect": "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.",
  "operativeDate": "2021-07-15",
  "year": 2021,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Removal or readmission",
  "policyTool": "Legal interpretation",
  "sourceName": "justice.gov",
  "sourceUrl": "https://justice.gov/eoir/page/file/1412451/dl?inline=",
  "preciseCitation": "Matter of CRUZ-VALDEZ, 28 I&N Dec. 326 (A.G. 2021), Interim Decision #4022",
  "evidencePassage": "Cite as 28 I&N Dec. 326 (A.G. 2021) Interim Decision #4022 Matter of CRUZ-VALDEZ, Respondent Decided by Attorney General July 15, 2021 U.S. Department of Justice Office of the Attorney General (1) 0DWWHU\u0003RI\u0003&DVWURఇ7XP, 27 I&N Dec. 271 (A.G. 2018), is overruled in its entirety. (2) While rulemaking proceeds and except when a court of appeals has held otherwise, immigration judges and the Board should apply the standard for administrative closure set out in Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), and Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017). BEFORE THE ATTORNEY GENERAL Pursuant to 8 … C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer to me its decision in this matter. With the case thus referred, I hereby vacate the Board’s July 31, 2018, decision and remand the case to the Board for proceedings consistent with this opinion. I also overrule Attorney General Sessions’s opinion in 0DWWHU\u0003RI\u0003&DVWURఇ7XP, 27 I&N Dec. 271 (A.G. 2018), which concluded that the immigration courts’ use of the tool of administrative closure was not authorized. Administrative closure is “a docket management tool that is used to temporarily pause removal proceedings … Department of Justice is now engaged in a reconsideration of that regulation. Because &DVWURఇ7XP departed from long-standing practice, it is appropriate to overrule that opinion in its entirety and restore administrative closure pending the reconsideration of the 2020 rule through notice-and-comment rulemaking, which will “afford[] all interested parties a full and fair opportunity to participate and ensure[] that the relevant facts and analysis are collected and evaluated.” Matter of CRPSHDQ, 25 I&N Dec. 1, 2 (A.G. 2009). Accordingly, while the reconsideration proceeds and except when a court of appeals has held otherwise, immigration judges and the Board should apply the standard for administrative closure set out in Avetisyan and W-Y-U-. 329",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-f1-status-maintenance-20210720",
  "countryCode": "US",
  "country": "United States",
  "title": "Repeated status-maintenance applications removed during eligible F-1 requests",
  "policyEffect": "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.",
  "operativeDate": "2021-07-20",
  "year": 2021,
  "affectedGroup": "Eligible nonimmigrants seeking a change to f-1 status with unexpired status at initial filing",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Student status",
  "policyTool": "Status maintenance and approval timing",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210720-StudentsChangeOfStatus.pdf",
  "preciseCitation": "POLICY ALERT - Change of Status to Nonimmigrant Student (F-1) Visa Classification",
  "evidencePassage": "f an initial COS and subsequent extensions of such status so that the student would not have a “gap” in status. To limit costs to applicants and the government, USCIS no longer requires the applicant to submit subsequent applications for extension or change of nonimmigrant status while the COS application to F-1 status is pending with USCIS, provided that the applicant’s nonimmigrant status is unexpired at the time of filing the initial COS application and the applicant is otherwise eligible for a COS. To prevent a “gap” in status, USCIS will grant the COS to F-1 effective on the day of the CO … S approval. If an application is approved more than 30 days prior to the program start date, these nonimmigrants must ensure that they do not violate their F-1 status during that time. 2 An example of a violation would be engaging in unauthorized employment, including on-campus employment, more than 30 days prior to the start of classes. USCIS is in the process of revising the Application to Extend/Change Nonimmigrant Status (Form I- 539) to reflect these changes. This update replaces the current policy as stated in the form 1 See INA 248. 2 Violations of status include, among others, engaging … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 July 20, 2021 PA-2021-14 Policy Alert SUBJECT: Change of Status to Nonimmigrant Student (F-1) Visa Classification Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding applications for change of status (COS) to F-1 classification. Background The Immigration and Nationality Act (INA) provides certain nonimmigrants the opportunity to request a change to a different nonimmigrant classification for which they qualify. 1 USCIS has historica … in unauthorized employment and certain criminal activity. See 8 CFR 214.1. PA-2021-14: Change of Status to Nonimmigrant Student (F-1) Visa Classification Page: 2 instructions. This guidance, contained in Volume 2, is effective immediately and supersedes any prior guidance on the topic. Policy Highlights • Explains that for approvable COS applications, USCIS will grant F-1 status effective the date of approval, which may be earlier than 30 days before the program start date. • Updates maintenance of status requirements for nonimmigrants seeking a COS to F-1 status while their COS application i",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-d338da798a057c678f92",
  "countryCode": "US",
  "country": "United States",
  "title": "Attorney General Vacatur of Matter of A-C-A-A- I (Matter of A-C-A-A- II)",
  "policyEffect": "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.",
  "operativeDate": "2021-07-26",
  "year": 2021,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Asylum or protection",
  "policyTool": "Legal interpretation",
  "sourceName": "justice.gov",
  "sourceUrl": "https://justice.gov/eoir/page/file/1415401/dl",
  "preciseCitation": "Matter of A-C-A-A-, 28 I&N Dec. 351 (A.G. 2021), Interim Decision #4024",
  "evidencePassage": "Cite as 28 I&N Dec. 351 (A.G. 2021) Interim Decision #4024 Matter of A-C-A-A-, Respondent Decided by Attorney General July 26, 2021 U.S. Department of Justice Office of the Attorney General (1) Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020) (“A-C-A-A- I”), is vacated in its entirety. Immigration judges and the Board should no longer follow A-C-A-A- I in pending or future cases and should conduct proceedings consistent with this opinion and the opinions in Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021) (“L-E-A- III”), and Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021) (“A-B- III”). (2) The Board’s … longstanding review practices that A-C-A-A- I apparently prohibited, including its case-by-case discretion to rely on immigration court stipulations, are restored. BEFORE THE ATTORNEY GENERAL Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for my review. With the case thus referred, I hereby vacate Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020) (“A-C-A-A- I”). I recently vacated three of my predecessors’ decisions addressing asylum claims based on domestic or gang violence because those decisions attempted to answer the same … -A-A- I, 28 I&N Dec. at 88–89. I am therefore vacating the prior decision in its entirety to return these matters to the Board’s traditional case-by-case discretion. 352 Cite as 28 I&N Dec. 351 (A.G. 2021) Interim Decision #4024 Accordingly, I hereby vacate the decision in A-C-A-A- I and instruct that immigration judges and the Board should no longer follow A-C-A-A- I in pending or future cases. I remand this matter to the Board for further proceedings consistent with this opinion, and with the opinions in A-B- III and L-E-A- III. 353",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-afghan-military-medical-20210730",
  "countryCode": "US",
  "country": "United States",
  "title": "Military civil-surgeon designation expanded for certain Afghan visa applicants",
  "policyEffect": "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.",
  "operativeDate": "2021-07-30",
  "year": 2021,
  "affectedGroup": "Certain afghan special immigrant visa principal applicants and eligible family members supported through operation allies refuge",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Special immigrant processing",
  "policyTool": "Medical-exam provider eligibility",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210730-CivilSurgeonDesignation.pdf",
  "preciseCitation": "POLICY ALERT - Extension of Blanket Civil Surgeon Designation for Certain Afghan Special Immigrant Visa Applicants",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 July 30, 2021 PA-2021-16 Policy Alert SUBJECT: Extension of Blanket Civil Surgeon Designation for Certain Afghan Special Immigrant Visa Applicants Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the urgent need for additional civil surgeons to conduct immigration medical examinations in support of Operation Allies Refuge. 1 Background The blanket civil surgeon designation applicable to certain military physicians authorizes elig … ible military physicians to complete all parts of a required immigration medical examination for members and veterans of the U.S. armed forces and their dependents without applying for civil surgeon designation. In July 2021, the United States launched Operation Allies Refuge to support evacuation for certain eligible Afghan nationals and their families applying for special immigrant visas. 2 In order to expedite the completion of the required immigration medical examination, USCIS is extending the blanket civil surgeon designation to allow military physicians to complete the required immigrat … ion medical examination for these Afghan nationals seeking special immigrant visas. This guidance, contained in Volume 8 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Extends the blanket civil surgeon designation for military physicians to complete the medical examination for certain Afghan nationals (both principal applicants and eligible family members) seeking special immigrant visas. Citation: Volume 8: Admissibility, Part C, Civil Surgeon Designation and Revocation,",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-75bddd71d0dda98f833e",
  "countryCode": "US",
  "country": "United States",
  "title": "New 2021 Haiti TPS designation expands eligibility",
  "policyEffect": "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.",
  "operativeDate": "2021-08-03",
  "year": 2021,
  "affectedGroup": "Eligible nationals of haiti (or individuals having no nationality who last habitually resided in haiti) who have continuously resided in the united states since july 29, 2021, and have been continuously physically present in the united states since august 3, 2021.",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Asylum or protection",
  "policyTool": "New pathway",
  "sourceName": "U.S. Department of Homeland Security",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2021/08/03/2021-16481.txt",
  "preciseCitation": "Designation of Haiti for Temporary Protected Status, 86 Fed. Reg. 41863 (Aug. 3, 2021), FR Doc. 2021-16481",
  "evidencePassage": "During the TPS designation period, TPS beneficiaries are eligible to remain in the United States, may not be removed, and are authorized to obtain EADs so long as they continue to meet the requirements of TPS. … The 18-month designation of Haiti for TPS is effective on August 3, 2021 and will remain in effect for 18 months, through February 3, 2023. … This designation allows eligible Haitian nationals (and individuals having no nationality who last habitually resided in Haiti) who have continuously resided in the United States since July 29, 2021, and who have been continuously physically present in the United States since August 3, 2021 to apply for TPS. … You must submit an Application for Temporary Protected Status (Form I-821) as a new applicant by selecting ``1.a This is my initial (first time) application for Temporary Protected Status (TPS). I do not currently have TPS,'' along with the required $50 fee for Form I-821 or request for fee waiver. … You may request a fee waiver by submitting a Request for a Fee Waiver (Form I-912). You must also pay the biometrics services fee if you are age 14 or older, unless USCIS grants a fee waiver. … TPS applicants who want to obtain an EAD valid through February 3, 2023 must file an Application for Employment Authorization (Form I-765) and pay the Form I-765 fee (or request a fee waiver by submitting a Request for a Fee Waiver (Form I-912)).",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-ff225df77dc415224c3c",
  "countryCode": "US",
  "country": "United States",
  "title": "Extension of Initial TPS Registration Periods for Venezuela, Syria, and Burma",
  "policyEffect": "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",
  "operativeDate": "2021-08-04",
  "year": 2021,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Humanitarian / protection",
  "policyTool": "Filing procedure / deadline extension",
  "sourceName": "U.S. Citizenship and Immigration Services, Department of Homeland Security",
  "sourceUrl": "https://public-inspection.federalregister.gov/2021-16611.pdf?1627994729=",
  "preciseCitation": "86 FR 41986 / CIS No. 2695-21 / RIN 1615-ZB89",
  "evidencePassage": "Through this notice, the Department of Homeland Security (DHS) announces extensions of the initial registration periods from 180 days to 18 months for initial (new) applicants under the Temporary Protected Status (TPS) designations for Venezuela, Syria, and Burma.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-61244466b45a994663d37ef0",
  "countryCode": "US",
  "country": "United States",
  "title": "implementing DED for Hong Kong through February 5, 2023",
  "policyEffect": "implementing DED for Hong Kong through February 5, 2023",
  "operativeDate": "2021-08-05",
  "year": 2021,
  "affectedGroup": "Hong kong residents ... present in the united states as of august 5, 2021",
  "materialConditionsAndExceptions": "Recorded validated scope: Deferred Enforced Departure and employment authorization.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2021/10/21/2021-23012/implementation-of-employment-authorization-for-individuals-covered-by-deferred-enforced-departure",
  "preciseCitation": "",
  "evidencePassage": "Authorization for Individuals Covered by Deferred Enforced Departure for Hong Kong AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On August 5, 2021, President Joseph Biden issued a memorandum to the Secretary of State and the Secretary of Homeland Security (Secretary) directing the Secretary to take appropriate measures to defer for 18 months, through February 5, 2023, the removal of certain Hong Kong residents present in the United States. This Notice provides information about Deferred Enforced Departure (DED) for certain eligible Hong Kong residents and provides information on how eligible individuals may apply for DED-related Employment Authorization Documents (EADs) with USCIS. For the purposes of this Notice, a Hong Kong resident is defined as an individual of any nationality, or without nationality, who has met the requirements for, and been granted, a Hong Kong Special Administrative Region Passport, a British National Overseas Passport, a British Overseas Citizen Passport, a Hong Kong Permanent Identity card, or a Hong Kong Special Administrative Region (HKSAR) Document of Identity for Visa Purposes. DATES: DED and employment authorization for noncitizens covered under DED for Hong Kong is effective from August 5, 2021 through February 5, 2023. The procedures for employment authorization in this Notice apply only to noncitizens who are Hong Kong residents, who are present in the United States as of August 5, 2021, and who meet other eligibility criteria for DED described below. FOR FURTHER INFORMATION CONTACT: You may contact Andria Strano, Acting Division Chief, Office of Policy and Strategy, U.S. Citizenship and Immigration … for-certain-hong-kong-residents/</a>. Ur M. Jaddou, Director, U.S. Citizenship and Immigration Services. Eligibility and Employment Authorization for DED How will I know if I am eligible for employment authorization under the DED Presidential Memorandum for Hong Kong? The procedures for employment authorization in this Notice apply only to non-U.S. citizens who are Hong Kong residents (regardless of their country of birth), who are present in the United States as of August 5, 2021, except for noncitizens: <bullet> Who have voluntarily returned to Hong Kong or the People's Republic of China (PRC",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-art-legal-parent-20210805",
  "countryCode": "US",
  "country": "United States",
  "title": "Legal-parent recognition expanded for children born abroad",
  "policyEffect": "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.",
  "operativeDate": "2021-08-05",
  "year": 2021,
  "affectedGroup": "Children born abroad and their legally recognized married parents meeting the specified genetic or gestational conditions",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.; Other citizenship and immigration eligibility requirements continued to apply.",
  "policyCategory": "Family immigration and citizenship",
  "policyTool": "Legal parent and in-wedlock definitions",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210805-AssistedReproductiveTechnology.pdf",
  "preciseCitation": "POLICY ALERT - Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes",
  "evidencePassage": "parent. This created a situation in which parents who did not meet the aforementioned criteria but had been recognized by the relevant jurisdiction as the legal and only parents of a child born through ART were not recognized as the child's parents for immigration purposes, and where their children were often considered to have been born out of wedlock. To remedy this situation, USCIS now considers a child to be born in wedlock when the child’s legal parents are married to one another at the time of birth and at least one of the legal parents has a genetic or gestational relationship to the c … hild. USCIS defines “child” to include the child of a U.S. citizen parent who is married to the child’s genetic or legal gestational parent at the time of the child’s birth if both parents are recognized by the relevant jurisdiction as the child’s legal parents. Children who meet these requirements, and whose application for a Certificate of Citizenship has been previously denied, may file a motion to reopen or reconsider the denial decision on a Notice of Appeal or Motion (Form I-290B). 3 1 See INA 301. See INA 309. See INA 320. 2 See Policy Alert, Effect of Assisted Reproductive Technology ( … uidance in the Policy Manual is controlling and supersedes any prior guidance on the topic. Policy Highlights • Explains that, for purposes of family-based petitions and acquiring citizenship, USCIS considers a child born outside the United States to be born in wedlock when the child’s legal parents are married to one another at the time of child's birth and at least one of the legal parents has a genetic or gestational relationship to the child. • Updates the definitions of child both in the family-based petition and the citizenship context. • Provides that the definition of child as clarifie … d in this update is applicable to all citizenship provisions, 4 and includes the child of a U.S. citizen parent who is married to the child’s genetic or legal gestational parent at the time of the child’s birth (even if no genetic or gestational relationship exists with the U.S. citizen parent), if both parents are recognized by the relevant jurisdiction as the child’s legal parents. Citation Volume 12: Citizenship and Naturalization, Part H, Children of U.S. Citizens [12 USCIS-PM H] (Chapters 2, 3, 4, and 5); and Volume 6, Immigrants, Part B, Family-Based Immigration, Chapter 8, Children, Son … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 August 5, 2021 PA-2021-17 Policy Alert SUBJECT: Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes Purpose U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding the determination of whether a child born outside the United States, including a child born through Assisted Reproductive Technology (ART), is considered born “in wedlock.” Background The Immigration and Nationality Act (INA) provides that … ART) on Immigration and Acquisition of Citizenship Under the Immigration and Nationality Act (INA), PA-2014-009 (October 28, 2014). 3 See 8 CFR 103.5. In order to naturalize under INA 322, a child must be under age 18. PA-2021-17: Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes Page: 2 This update to Volumes 6 and 12 of the Policy Manual is effective immediately and replaces the related guidance found in Chapters 21.4(a), (c) (subsection “Assisted Reproductive Technology”), (d)(1), and (d)(4) of the Adjudicator’s Field Manual (AFM). The g",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-parole-ead-guidance-rescission-20210812",
  "countryCode": "US",
  "country": "United States",
  "title": "2019 discretionary work-authorization guidance for parolees rescinded",
  "policyEffect": "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.",
  "operativeDate": "2021-08-12",
  "year": 2021,
  "affectedGroup": "Noncitizens paroled into the united states subject to the 2019 discretionary employment-authorization guidance",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian parole and employment",
  "policyTool": "Rescission of adjudication guidance",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210812-EmploymentAuthorizationForParolees.pdf",
  "preciseCitation": "POLICY ALERT - Rescinding Guidance on Discretionary Employment Authorization for Parolees",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 August 12, 2021 PA-2021-18 Policy Alert SUBJECT: Rescinding Guidance on Discretionary Employment Authorization for Parolees Purpose U.S. Citizenship and Immigration Services (USCIS) is rescinding policy guidance in the USCIS Policy Manual on discretionary employment authorization for parolees. Background In 2019, USCIS published guidance in the Policy Manual to address USCIS’ discretion to grant employment authorization to noncitizens paroled into the United States. 1 This guidance was issued in respon … se to a 2019 presidential proclamation and related national emergency and a 2017 executive order. The President terminated the national emergency and revoked these presidential documents in 2021. 2 As the guidance on employment authorization for parolees was issued in response to the terminated national emergency and revoked presidential documents, USCIS is now rescinding the guidance. This Policy Manual update is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Rescinds guidance on dis … cretionary employment authorization for parolees in Volume 10 and relocates general information regarding parole to Volume 3. • Removes references to revoked presidential documents throughout the Policy Manual. Citation Volume 10: Employment Authorization, Part B, Specific Categories, Chapter 2, Parolees [10 USCIS-PM B.2]; Volume 3, Humanitarian Protection and Parole, Part F, Parolees, Chapter 1, Purpose and Background [3 USCIS-PM F.1]; Volume 1, General Policies and Procedures, Part C, Biometrics and Security Checks, Chapter 1, Purpose and Background [1 USCIS-PM C.1]. 1 See Employment Authori",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-i693-four-year-window-20210812",
  "countryCode": "US",
  "country": "United States",
  "title": "Temporary four-year validity allowed for qualifying medical reports",
  "policyEffect": "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.",
  "operativeDate": "2021-08-12",
  "year": 2021,
  "affectedGroup": "Adjustment applicants with otherwise-valid forms i-693 and decisions issued during the temporary window",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Health-related immigration requirements",
  "policyTool": "Medical-report validity",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210812-I-693ValidityPeriod.pdf",
  "preciseCitation": "POLICY ALERT - Temporary Extension of Validity Period of Report of Medical Examination and Vaccination Record (Form I-693)",
  "evidencePassage": "with completing the immigration medical examination. To address these issues, USCIS is temporarily extending the validity period of an otherwise valid Form I-693. This temporary extension of the Form I-693’s validity period is effective August 12, 2021 through September 30, 2021, and supersedes any related prior guidance on the topic during that time. Policy Highlights • Temporarily extends the validity period of an otherwise valid Form I-693 in cases where: o The civil surgeon’s signature on Form I-693 is dated no more than 60 days before the applicant files Form I-485; o No more than 4 year … s have passed since the date of the civil surgeon’s signature; and 1 See INA 232 and 8 CFR 232 (immigration medical examination). See INA 212(a)(1) (health-related grounds of inadmissibility). PA-2021-19: Temporary Extension of Validity Period of Report of Medical Examination and Vaccination Record (Form I-693) Page: 2 o The decision on Form I-485 is issued on or before September 30, 2021. Citation Volume 8: Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 4, Review of Medical Examination Documentation [8 USCIS-PM B.4].",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-cf7eca224b786f241950",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS further extends asylum interview interpreter rule",
  "policyEffect": "DHS extended the temporary asylum interview interpreter rule from September 20, 2021 through March 16, 2022.",
  "operativeDate": "2021-09-20",
  "year": 2021,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian",
  "policyTool": "Processing",
  "sourceName": "Federal Register 86 FR 51781",
  "sourceUrl": "https://www.federalregister.gov/documents/2021/09/17/2021-20161/asylum-interview-interpreter-requirement-modification-due-to-covid-19",
  "preciseCitation": "Federal Register 86 FR 51781. DHS further extends asylum interview interpreter rule. Effective 2021-09-20.",
  "evidencePassage": "Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Temporary final rule; extension. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security (DHS) is extending for a second time the effective date (for 180 days) of its temporary final rule that modified certain regulatory requirements to help ensure that USCIS may continue with affirmative asylum adjudications during the COVID-19 pandemic. This rule also provides that if a USCIS interpreter is unavailable, USCIS will either reschedule the interview and attribute the interview delay to USCIS for the purposes of the asylum employment authorization regulation, or USCIS may, in its discretion, allow the applicant to provide an interpreter. DATES: This temporary final rule is effective from September 20, 2021, through March 16, 2022. As of September 20, 2021, the expiration date of the temporary final rule published at 85 FR 59655 (Sept. 23, 2020), which was extended at 86 FR 15072 (Mar. 22, 2021), is further extended from September 20, 2021, to March 16, 2022. FOR FURTHER INFORMATION CONTACT: Andria Strano, Acting Chief, Division of Humanitarian … Effective from September 20, 2021, through March 16, 2022, amend Sec. 208.9 by revising paragraphs (h) introductory text and (h)(1)(i) to read as follows: Sec. 208.9 Procedure for interview before an asylum officer. * * * * * (h) Asylum applicant interpreters. For asylum interviews conducted between September 21, 2021, through March 16, 2022: (1) * * * (i) If a USCIS interpreter is unavailable, USCIS will either reschedule the interview and attribute the interview delay to USCIS for the purposes of employment authorization pursuant to Sec. 208.7, or USCIS may, in its discretion, allow the applicant",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-a2d4579321ca2e50313d",
  "countryCode": "US",
  "country": "United States",
  "title": "COVID-19 vaccination required for immigration medical exams, with waivers",
  "policyEffect": "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.",
  "operativeDate": "2021-10-01",
  "year": 2021,
  "affectedGroup": "Applicants subject to immigration medical examinations using form i-693, with stated blanket-waiver exceptions",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Health-related immigration requirements",
  "policyTool": "Vaccination requirement",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210914-COVIDVaccinationRequirement.pdf",
  "preciseCitation": "POLICY ALERT - COVID-19 Vaccination Requirement for Immigration Medical Examination",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 September 14, 2021 PA-2021-20 Policy Alert SUBJECT: COVID-19 Vaccination Requirement for Immigration Medical Examination Purpose U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding health-related grounds of inadmissibility in accordance with recently updated requirements issued by the Centers for Disease Control and Prevention (CDC). The updated guidance, which is effective October 1, 2021, requires applicants subject to the immigration medical examination to submit COVID-19 vaccination records before completion of immigration medical examinations conducted in the United States and overseas. Background In general, those applying to become a lawful permanent resident, and other applicants as required, must undergo an immigration medical examination to show they are free from any conditions that would render them inadmissible under health-related grounds. 1 USCIS designates eligible physicians as civil surgeons to perform this immigration medical examination for those applying within the United States using the Report of Medical Examination and Vaccination Record (Form I-693). On August 17, 2021, the CDC released an update to the Vaccination Technical Instructions for Civil Surgeons, requiring applicants subject to the immigration medical examination to complete the COVID-19 vaccine series (currently one or two doses, depending on formulation) and provide documentation of vaccination to the civil surgeon before completion of the immigration medical examination. This update, contained in Volumes 8 and 9 of the Policy Manual, is effective October 1, 2021, and applies prospectively to all Forms I-693 signed by a civil surgeon on … or after that date. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Explains that, beginning October 1, 2021, applicants who are required to undergo the immigration medical examination must complete the COVID-19 vaccine series before the civil surgeon can complete the immigration medical examination and sign Form I-693. 1 See INA 232 and 8 CFR 232 (immigration medical examination). See INA 212(a)(1) (health-related grounds of inadmissibility). PA-2021-20: COVID-19 Vaccination Requirement for Immigration Medical Examination Page: 2 • Explains that the civil surgeon may indicate that a blanket waiver could apply in cases where the COVID-19 vaccine is not age appropriate, where it is contraindicated, or where it is not routinely available in the state where the civil surgeon practices or where it is limited in supply and would cause significant delay for the applicant to receive the vaccination. Citation Volume 8: Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 9, Vaccination Requirement [8 USCIS-PM B.9]; and Volume 9: Waivers and Other Forms of Relief, Part D, Health-Related Grounds of",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-e1d72aec2502f40708a9",
  "countryCode": "US",
  "country": "United States",
  "title": "President sets FY2022 refugee admissions ceiling at 125,000",
  "policyEffect": "The FY2022 presidential determination authorized up to 125,000 refugee admissions, substantially increasing the annual refugee ceiling.",
  "operativeDate": "2021-10-01",
  "year": 2021,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: The FY2022 presidential determination authorized up to 125,000 refugee admissions, substantially increasing the annual refugee ceiling.",
  "policyCategory": "Humanitarian",
  "policyTool": "Cap quota",
  "sourceName": "Federal Register, Presidential Determination on Refugee Admissions for Fiscal Year 2022",
  "sourceUrl": "https://www.federalregister.gov/documents/2021/10/18/2021-22760/presidential-determination-on-refugee-admissions-for-fiscal-year-2022",
  "preciseCitation": "Federal Register, Presidential Determination on Refugee Admissions for Fiscal Year 2022. President sets FY2022 refugee admissions ceiling at 125,000. Effective 2021-10-01.",
  "evidencePassage": "the authority vested in me as President by the Constitution and the laws of the United States, in accordance with section 207 of the Immigration and Nationality Act (the ``Act'') (8 U.S.C. 1157), and after appropriate consultations with the Congress, I hereby make the following determinations and authorize the following actions: The admission of up to 125,000 refugees to the United States during Fiscal Year (FY) 2022 is justified by humanitarian concerns or is otherwise in the national interest. The admissions numbers shall be allocated among refugees of special humanitarian concern to the United … determine that assistance to or on behalf of persons applying for admission to the United States as part of the overseas refugee admissions program will contribute to the foreign policy interests of the United States and designate such persons for this purpose. Consistent with section 101(a)(42) of the Act (8 U.S.C. 1101(a)(42)), and after appropriate consultation with the Congress, I also specify that, for FY 2022, the following persons may, if otherwise qualified, be considered refugees for the purpose of admission to the United States within their countries of nationality or habitual residence: [[",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-ce509eeecfba9e1a2726",
  "countryCode": "US",
  "country": "United States",
  "title": "T derivative family relationships assessed at favorable adjudication",
  "policyEffect": "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.",
  "operativeDate": "2021-10-20",
  "year": 2021,
  "affectedGroup": "Principal t nonimmigrant-status applicants and qualifying spouses or stepfamily members",
  "materialConditionsAndExceptions": "Validated condition or limit: Other T-status eligibility requirements remained applicable.",
  "policyCategory": "Trafficking-victim immigration",
  "policyTool": "Timing of qualifying derivative relationships",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211020-VictimsOfTrafficking.pdf",
  "preciseCitation": "POLICY ALERT - T Nonimmigrant Status for Victims of Severe Forms of Trafficking in Persons",
  "evidencePassage": "between the original victimization and the applicant’s continuing presence in the United States when evaluating the physical presence eligibility requirement. 3 • Clarifies how USCIS evaluates involuntary servitude claims, including conditions of servitude induced by domestic violence, as well as victimization that may occur during a voluntary smuggling arrangement. • Clarifies how USCIS defines the term “harboring,” an enumerated action under the federal definition 4 of severe form of trafficking in persons. • Explains that USCIS is adopting the decision issued by the Ninth Circuit in Medina Tovar v. Zuchowski, a case involving adjudication of petitions for U nonimmigrant status, for nationwide application in the adjudication of applications for T nonimmigrant status. 5 Therefore, when evaluating a spousal or stepparent and stepchild relationship between the principal T nonimmigrant applicant and a qualifying family member, USCIS evaluates whether the relationship existed at the time the principal application was favorably adjudicated, rather than when the principal application was filed. • Clarifies that principal T nonimmigrants seeking to adjust status may present their Arrival/Departure",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-geographic-restrictions-ended-20211108",
  "countryCode": "US",
  "country": "United States",
  "title": "COVID-19 geographic entry restrictions ended",
  "policyEffect": "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.",
  "operativeDate": "2021-11-08",
  "year": 2021,
  "affectedGroup": "Travelers subject to the revoked geographic entry restrictions",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Government Publishing Office",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2021-10-28/html/2021-23645.htm",
  "preciseCitation": "Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic; Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019; Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019",
  "evidencePassage": "roclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: Section 1. Revocation of Country-Specific Suspensions and Limitations on Entry. Proclamation 9984 of January 31, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk), Proclamation 9992 of February 29, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Add … itional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus), Proclamation 10143 of January 25, 2021 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019), and Proclamation 10199 of April 30, 2021 (Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019), are revoked. Sec. 2. Global Suspension and Limitation on Entry of Certain Individuals Who Are Not Fully Vaccinated Against COVID-19. (a) The entry into the United States by air t … s to move away from the country-by-country restrictions previously applied during the COVID-19 pandemic and to adopt an air travel policy that relies primarily on vaccination to advance the [[Page 59604]] safe resumption of international air travel to the United States. This proclamation governs the entry into the United States of noncitizen nonimmigrants--that is, noncitizens who are visiting the United States or otherwise being admitted temporarily--traveling to the United States by air. It suspends the entry of unvaccinated noncitizen nonimmigrants, except in limited circumstances, and it e … ation, such as United States citizens, lawful permanent residents, or noncitizens traveling on immigrant visas. Sec. 5. Termination. This proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services shall, as circumstances warrant and no more than 60 days after the date of this proclamation and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation. Sec. 6. Effective Date. This proclamation is effective at 12:01 a.m. eastern standard time on November 8, 2021 … . This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern standard time on November 8, 2021. Sec. 7. Severability. It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States. Accordingly, if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-air-entry-vaccination-20211108",
  "countryCode": "US",
  "country": "United States",
  "title": "COVID-19 vaccination condition for nonimmigrant air entry",
  "policyEffect": "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.",
  "operativeDate": "2021-11-08",
  "year": 2021,
  "affectedGroup": "Noncitizen nonimmigrant air travelers, subject to the proclamation’s exceptions",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Government Publishing Office",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2021-10-28/html/2021-23645.htm",
  "preciseCitation": "Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic",
  "evidencePassage": "s to move away from the country-by-country restrictions previously applied during the COVID-19 pandemic and to adopt an air travel policy that relies primarily on vaccination to advance the [[Page 59604]] safe resumption of international air travel to the United States. This proclamation governs the entry into the United States of noncitizen nonimmigrants--that is, noncitizens who are visiting the United States or otherwise being admitted temporarily--traveling to the United States by air. It suspends the entry of unvaccinated noncitizen nonimmigrants, except in limited circumstances, and it e … ravel of noncitizens who are nonimmigrants and who are not fully vaccinated against COVID-19 is suspended and limited, except as provided in section 3 of this proclamation. This suspension and limitation [[Page 59605]] on entry applies only to air travelers to the United States and does not affect visa issuance. (b) Any noncitizen who is a nonimmigrant, who is not fully vaccinated against COVID-19, and who, notwithstanding section 2(a) of this proclamation, is permitted to enter the United States by air travel pursuant to section 3(b) of this proclamation must agree to comply with applicable p … herwise determines that COVID-19 vaccination is not warranted for the noncitizen. Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension and limitations on entry in section 2 of this proclamation shall not apply to any noncitizen seeking entry as a crew member of an airline or other aircraft operator if such crew member or operator adheres to all industry standard protocols for the prevention of COVID-19, as set forth in relevant guidance for crew member health issued by the CDC or by the Federal Aviation Administration in coordination with the CDC. (b) The suspension and limi … tations on entry in section 2(a) of this proclamation shall not apply to: (i) any noncitizen seeking entry into or transiting the United States pursuant to one of the following nonimmigrant visa classifications: A-1, A- 2, C-2, C-3 (as a foreign government official or immediate family member [[Page 59606]] of an official), E-1 (as an employee of TECRO or TECO or the employee's immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO classifications); (ii) any noncitizen whose travel falls within the scope of sec … tion 11 of the United Nations Headquarters Agreement or who is traveling pursuant to United States legal obligation (as evidenced by a letter of invitation from the United Nations or other documentation showing the purpose of such travel); (iii) any noncitizen for whom, given their age, requiring vaccination would be inappropriate, as determined by the Director of the CDC, taking into account global vaccine availability for individuals in that age group; (iv) any noncitizen who has participated or is participating in certain clinical trials for COVID-19 vaccination, as determined by the Direct … or of the CDC; (v) any noncitizen for whom accepted COVID-19 vaccination is medically contraindicated, as determined by the Director of the CDC; (vi) any noncitizen who has been granted an exception by the Director of the CDC for humanitarian or emergency reasons, as determined by the Director of the CDC; (vii) any noncitizen who is a citizen of a foreign country where the availability of COVID-19 vaccination is limited, as identified pursuant to section 4(a)(v) of this proclamation, and who seeks to enter the United States pursuant to a nonimmigrant visa, except for a B-1 or B-2 visa; (viii) … any noncitizen who is a member of the United States Armed Forces or who is a spouse or child of a member of the United States Armed Forces; (ix) any noncitizen seeking entry as a sea crew member traveling pursuant to a C-1 and D nonimmigrant visa, if such crew member adheres to all industry standard protocols for the prevention of COVID-19, as set forth in relevant guidance for crew member health by the CDC; or (x) any noncitizen or group of noncitizens whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Transportation, the Secretary of Home … ation, such as United States citizens, lawful permanent residents, or noncitizens traveling on immigrant visas. Sec. 5. Termination. This proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services shall, as circumstances warrant and no more than 60 days after the date of this proclamation and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation. Sec. 6. Effective Date. This proclamation is effective at 12:01 a.m. eastern standard time on November 8, 2021",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-155acfc597ec3f074edb",
  "countryCode": "US",
  "country": "United States",
  "title": "Any qualifying service period may support wartime military naturalization",
  "policyEffect": "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.",
  "operativeDate": "2021-11-12",
  "year": 2021,
  "affectedGroup": "Current or former us armed-forces members seeking naturalization under ina 329",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Military naturalization",
  "policyTool": "Qualifying service period",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211112-MilitaryNaturalization.pdf",
  "preciseCitation": "POLICY ALERT - Clarifying Guidance on Military Service Members and Naturalization",
  "evidencePassage": "This update is part of the U.S. Department of Homeland Security (DHS) initiative to conduct a review of policies and practices to ensure that all eligible current and former noncitizen service members and the families of service members are able to remain in or return to the United States, to remove barriers to naturalization for those eligible, and improve access to immigration services.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-spouse-ead-extension-20211112",
  "countryCode": "US",
  "country": "United States",
  "title": "Automatic EAD renewal extension extended to qualifying H-4, E and L spouses",
  "policyEffect": "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.",
  "operativeDate": "2021-11-12",
  "year": 2021,
  "affectedGroup": "H-4, e and l dependent spouses with timely ead renewals and unexpired corresponding nonimmigrant status",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Dependent-spouse employment authorization",
  "policyTool": "Automatic renewal extension",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211112-EmploymentAuthorization.pdf",
  "preciseCitation": "USCIS Policy Alert PA-2021-25: Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 November 12, 2021 PA-2021-25 Policy Alert SUBJECT: Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses. USCIS is also rescinding the 2002 Legacy Immigration and Naturalization Service memorandum entitled, “Guidance on Employment Authorization for E … and L Nonimmigrant Spouses, and for Determinations on the Requisite Employment Abroad for L Blanket Petition” (2002 INS memorandum). 1 Background The regulations at 8 CFR 274a.13(d) provide that employment authorization, Employment Authorization Documents (Form I-766 or EAD), or both, may be automatically extended in certain circumstances. After considering public comments received in response to the Identifying Barriers Across USCIS Benefits and Services; Request for Public Input, 2 USCIS is updating its interpretation and implementation of 8 CFR 274a.13(d) to provide that certain H-4, E, or … L dependent spouses will qualify for the automatic extension provided under this regulatory provision if certain conditions are met. Accordingly, a document combination to include an unexpired Form I-94, Form I-797C (Notice of Action) showing a timely-filed EAD renewal application, and facially expired EAD may be acceptable to evidence unexpired employment authorization for Employment Eligibility Verification (Form I-9) purposes. In addition, USCIS is also clarifying that it will consider E and L dependent spouses to be employment authorized incident to their valid E or L nonimmigrant status. … s can be distinguished from E and L dependent children on the face of the document. Once these changes are made, the revised Form I-94 containing a notation indicating that the bearer is an E or L dependent spouse will be acceptable as evidence of employment authorization under List C of Form I-9. This guidance, contained in Volume 10 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Provides that certain H-4, E, or L dependent spouses qualify for automatic extension of their … existing employment authorization and accompanying EAD if they properly filed an application to renew their H-4, E, or L-based EAD before it expires, and they have an unexpired Form I-94 showing their status as an H-4, E, or L nonimmigrant, as applicable. • Provides that the automatic extension of the EAD will continue until the earlier of: the end date on Form I-94 showing valid status, the approval or denial of the EAD renewal application, or 180 days from the date of expiration of the previous EAD. • Provides that the following combination of documents evidence the automatic extension of t … he previous EAD, and are acceptable to present to employers for Form I-9 purposes: Form I-94 indicating the unexpired nonimmigrant status (H-4, E, or L), Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(17),” “(a)(18),” or “(c)(26),” and the facially expired EAD issued under the same category (that is, indicating Category A17, A18, or C26). • Provides that E and L dependent spouses are employment authorized incident to their status and therefore they are no longer required to request employment authorization by filing Form I-765 but may cont",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-cc3dcd96626ec011f807",
  "countryCode": "US",
  "country": "United States",
  "title": "E and L dependent spouses recognized as work-authorized by status",
  "policyEffect": "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.",
  "operativeDate": "2021-11-12",
  "year": 2021,
  "affectedGroup": "Qualifying e and l dependent spouses, excluding tecro/teco dependents and spouses of e-2 cnmi investors",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.; 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.",
  "policyCategory": "Dependent-spouse employment authorization",
  "policyTool": "Employment authorization incident to status",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211112-EmploymentAuthorization.pdf",
  "preciseCitation": "USCIS Policy Alert PA-2021-25: Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses",
  "evidencePassage": "L dependent spouses will qualify for the automatic extension provided under this regulatory provision if certain conditions are met. Accordingly, a document combination to include an unexpired Form I-94, Form I-797C (Notice of Action) showing a timely-filed EAD renewal application, and facially expired EAD may be acceptable to evidence unexpired employment authorization for Employment Eligibility Verification (Form I-9) purposes. In addition, USCIS is also clarifying that it will consider E and L dependent spouses to be employment authorized incident to their valid E or L nonimmigrant status. … authorization by filing an Application for Employment Authorization (Form I- 765) and receive an EAD before beginning employment. Therefore, the 2002 INS memorandum is superseded by this updated policy guidance. USCIS will continue to issue E and L dependent spouses EADs upon request via Form I-765; such EADs are acceptable for Employment Eligibility Verification (Form I-9) as List A documents (documents evidencing both employment authorization and identity). DHS will immediately take steps to modify Forms I-94 evidencing nonimmigrant status issued to E and L dependents so that E and L dependent spouses … the previous EAD, and are acceptable to present to employers for Form I-9 purposes: Form I-94 indicating the unexpired nonimmigrant status (H-4, E, or L), Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(17),” “(a)(18),” or “(c)(26),” and the facially expired EAD issued under the same category (that is, indicating Category A17, A18, or C26). • Provides that E and L dependent spouses are employment authorized incident to their status and therefore they are no longer required to request employment authorization by filing Form I-765 but may continue … Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses Page: 7 the statute, it is also a permissible interpretation to deem these individuals employment authorized incident to status and to rely upon other documentation, such as a clearly endorsed I-94 combined with a valid identity document, to fulfill the statutory requirement to “provide the spouse with an ‘employment authorized’ endorsement or other appropriate work permit.” After careful consideration, USCIS has concluded that to continue to adhere to the case-by-case policy despite the high risk of gaps in employment authorization will result in USCIS’ failure to meet the directive under the statute to grant employment authorization to this population. Therefore, in order to meet its statutory obligation, USCIS is changing its current policy requiring case-by-case adjudication of requests of employment authorization and instead will deem E and L dependent spouses employment authorized incident to their E and L nonimmigrant status. 20 USCIS believes that this change would help reduce backlogs by eliminating the Form I-765 requirement for E and L dependent spouses prior to being eligible to engage in",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "screening-69ec75af5669cfa6f952",
  "countryCode": "US",
  "country": "United States",
  "title": "Suspension of Entry for Noncitizens Present in Southern African Countries",
  "policyEffect": "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.",
  "operativeDate": "2021-11-29",
  "year": 2021,
  "affectedGroup": "Noncitizens of the united states who were 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 their entry or attempted entry into the united states.",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Government Publishing Office",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2021-12-01/html/2021-26253.htm",
  "preciseCitation": "Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019",
  "evidencePassage": "uspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were 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 their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation. Sec. 2. Scope of Suspension and Limitation on Entry. (a) Section 1 of this … uspend and restrict the entry into the United States, as immigrants and nonimmigrants, of noncitizens of the United States (``noncitizens'') who were 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 their entry or attempted entry into the United States. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution a … affect any other suspension, limitation, or restriction on entry. Sec. 5. Termination. This proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services shall, as circumstances warrant and no more than 30 days after the date of this proclamation and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation. Sec. 6. Effective Date. This proclamation is effective at 12:01 a.m. eastern standard time on November 29, 2021. This proclamation does not apply to person",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-i693-signature-waiver-20211209",
  "countryCode": "US",
  "country": "United States",
  "title": "Medical-report signature timing rule temporarily waived",
  "policyEffect": "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.",
  "operativeDate": "2021-12-09",
  "year": 2021,
  "affectedGroup": "Applicants with unadjudicated underlying immigration-benefit applications and otherwise-valid forms i-693",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Health-related immigration requirements",
  "policyTool": "Medical-report signature timing",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211209-I-693FilingReqt.pdf",
  "preciseCitation": "POLICY ALERT - Temporary Waiver of “60-Day Rule” for Report of Medical Examination and Vaccination Record (Form I-693)",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 December 9, 2021 PA-2021-29 Policy Alert SUBJECT: Temporary Waiver of “60-Day Rule” for Report of Medical Examination and Vaccination Record (Form I-693) Purpose U.S. Citizenship and Immigration Services (USCIS) is temporarily waiving the requirement that the civil surgeon’s signature on the Report of Medical Examination and Vaccination Record (Form I- 693) be dated no more than 60 days before an applicant files the application for the underlying immigration benefit. Background In general, those applyi … has experienced delays in all aspects of operations. Applicants have also experienced difficulties beyond their control, including delays with completing the immigration medical examination. To address these issues, USCIS is temporarily waiving the requirement that the civil surgeon’s signature be dated no more than 60 days before the applicant files the application for the underlying immigration benefit. This temporary waiver, effective December 9, 2021 until September 30, 2022, applies to all Forms I- 693 associated with applications for underlying immigration benefits that have not been ad … judicated, regardless of when the application was submitted or when the Form I-693 was signed. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. 1 See INA 232 and 8 CFR 232 (immigration medical examination). See INA 212(a)(1) (health-related grounds of inadmissibility). PA-2021-29: Temporary Waiver of “60-Day Rule” for Report of Medical Examination and Vaccination Record (Form I-693) Page: 2 Policy Highlights • Temporarily waives the “60-day rule” requiring that the civil surgeon’s signature on an otherwise valid Form I-693 be dated no more t",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-9916bf041e54e166acf5e7b1",
  "countryCode": "US",
  "country": "United States",
  "title": "Temporary interview waivers for qualifying repeat immigrant-visa applicants",
  "policyEffect": "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.",
  "operativeDate": "2021-12-13",
  "year": 2021,
  "affectedGroup": "Repeat immigrant-visa applicants meeting the prior-issuance, petition, classification and continuing-eligibility conditions",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "U.S. Department of State",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2021/12/13/2021-26657.txt",
  "preciseCitation": "",
  "evidencePassage": "Acting Senior Regulatory Coordinator, Visa Services Directorate, Bureau of Consular Affairs, Department of State; telephone (202) 485-7586, <a href=\"/cdn-cgi/l/email-protection#fdab948e9caf989a8ebd8e899c8998d39a928b\"><span class=\"__cf_email__\" data-cfemail=\"81d7e8f2e0d3e4e6f2c1f2f5e0f5e4afe6eef7\">[email&#160;protected]</span></a>. SUPPLEMENTARY INFORMATION: I. What changes to 22 CFR 42.62 and 42.67 does this TFR make? The Department is temporarily authorizing consular officers, for 24 months, to waive, on a discretionary basis, the requirements in 22 CFR 42.62 and 42.67 that an immigrant visa … applicant appear in person before and be interviewed by a consular officer for certain repeat immigrant visa applicants. This TFR applies to immigrant visa applicants who were issued a U.S. immigrant visa on or after August 4, 2019, who meet the following additional criteria: Individuals who would be eligible for a discretionary waiver of personal appearance and interview pursuant to this TFR must be seeking an immigrant visa in the same classification (or another classification as the result of automatic conversion due to the death or naturalization of the petitioner of the previously issued … immigrant visa) and pursuant to the same approved petition as their previously approved application, and they must continue to qualify for the immigrant visa sought. Under this TFR, the personal appearance and interview of certain applicants for an immigrant visa may be waived in the discretion of the consular officer, provided that the applicant is willing to affirm under penalty of perjury to the information provided on the Online Immigrant Visa and Alien Registration Application, Form DS-260 (or Form DS-230, Application for Immigrant Visa and Alien Registration if the consular officer authorizes … classification, if any, of the visa applicant, and (ii) The applicant's eligibility to receive a visa. (2) The officer has the authority to require that the alien answer any question deemed material to these determinations. (c) Certain repeat applications due to COVID-19. The personal appearance and interview of any applicant for an immigrant visa may be waived in the discretion of the consular officer until December 13, 2023, provided that-- (1) The applicant was issued a U.S. immigrant visa on or after August 4, 2019, and is: (i) Seeking an immigrant visa in the same classification and pursuant … to the same approved petition as the previously issued immigrant visa; or (ii) Seeking an immigrant visa pursuant to the same approved petition as the previously issued immigrant visa but in a classification that automatically converted from the classification of the previously issued immigrant visa due to the death or naturalization of the petitioner; (2) The applicant qualifies for an immigrant visa in the same classification as the previously issued immigrant visa, or in another classification as a result of automatic conversion from the classification of the previously issued immigrant visa due to the death or naturalization of the petitioner, and pursuant to the same approved petition as the previously issued immigrant visa; and (3) The applicant has not undergone a change in circumstances that could affect the applicant's eligibility for the visa. 0 3. Effective December 13, 2021, through December 13, 2023, in Sec. 42.67, add paragraph (a)(4) to read as follows: Sec. 42.67 Execution of application, registration, and fingerprinting. (a) * * * (4) Form of attestation for certain repeat applications due to COVID-19. The swearing to or signature of an application before a consular",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-southern-africa-restriction-ended-20211231",
  "countryCode": "US",
  "country": "United States",
  "title": "Southern Africa COVID-19 entry restriction ended",
  "policyEffect": "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.",
  "operativeDate": "2021-12-31",
  "year": 2021,
  "affectedGroup": "Noncitizens subject to proclamation 10315’s southern africa entry restriction",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Government Publishing Office",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2022-01-03/html/2021-28534.htm",
  "preciseCitation": "Revoking Proclamation 10315; Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019",
  "evidencePassage": "____________________________________________________________ \u0000Title 3-- \u0000The President [[Page 149]] Proclamation 10329 of December 28, 2021 Revoking Proclamation 10315 By the President of the United States of America A Proclamation On November 26, 2021, the World Health Organization (WHO) Technical Advisory Group on SARS-CoV-2 Virus Evolution announced that the B.1.1.529 (Omicron) variant of SARS-CoV-2, the virus that causes coronavirus disease 2019 (COVID-19), constitutes a variant of concern. The WHO further reported that the number of cases of this variant appeared to be increasing in almos … in section 1 of Proclamation 10315 is no longer detrimental to the interests of the United States. I therefore hereby proclaim the following: Section 1. Revocation. Proclamation 10315 is revoked. Sec. 2. Review of Agency Actions. The Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security shall review any regulations, orders, guidance documents, policies, and any other similar agency actions developed pursuant to Proclamation 10315 and, as appropriate, shall consider revising or revoking these agency actions consistent with the policy set forth in this proc … t all provinces in the Republic of South Africa. On the same day that the WHO classified the Omicron variant as a variant of concern, and based on the recommendation of the Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services, I issued Proclamation 10315 of November 26, 2021 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019). That proclamation generally suspended and restricted the entry into the United States of noncitizens of the United States (``noncitize … ns'') who were 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 their entry or attempted entry into the United States. I took that action to slow the spread of the Omicron variant into the United States and to enable the United States to implement appropriate mitigation measures while new information emerged about the variant. Having learned more about the Omicron variant in … lamation. Sec. 3. Effective Date. This proclamation is effective at 12:01 a.m. eastern standard time on December 31, 2021. Sec. 4. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) Thi",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-2af7b24b073dd534d5dd",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS and DOL add 20,000 H-2B visas for first half of FY2022",
  "policyEffect": "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.",
  "operativeDate": "2022-01-28",
  "year": 2022,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Work",
  "policyTool": "Cap quota",
  "sourceName": "Federal Register 87 FR 4722",
  "sourceUrl": "https://www.federalregister.gov/documents/2022/01/28/2022-01866/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2022-numerical-limitation-for-the",
  "preciseCitation": "Federal Register 87 FR 4722. DHS and DOL add 20,000 H-2B visas for first half of FY2022. Effective 2022-01-28.",
  "evidencePassage": "the Secretary of Labor, is exercising his time-limited Fiscal Year (FY) 2022 authority and increasing the total number of noncitizens who may receive an H-2B nonimmigrant visa by authorizing the issuance of no more than 20,000 additional visas during FY 2022 for positions with start dates on or before March 31, 2022, to those businesses that are suffering irreparable harm or will suffer impending irreparable harm, as attested by the employer on a new attestation form. In addition to making additional visas available under the FY 2022 time-limited authority, DHS is exercising its general H-2B regulatory … Flexibility Act D. Unfunded Mandates Reform Act of 1995 E. Executive Order 13132 (Federalism) F. Executive Order 12988 (Civil Justice Reform) G. Congressional Review Act H. National Environmental Policy Act I. Paperwork Reduction Act I. Executive Summary FY 2022 H-2B Supplemental Cap With this temporary final rule (TFR), the Secretary of Homeland Security, following consultation with the Secretary of Labor, is authorizing the immediate release of an additional 20,000 H-2B visas for FY 2022 positions with start dates on or before March 31, 2022, subject to certain conditions. The 20,000 visas are divided … provision was in force, U.S. employers' standard business needs for H-2B workers exceeded the statutory 66,000 cap. The highest number of H-2B returning workers approved was 64,716 in FY 2007. In setting the number of additional H-2B visas to be made available in this temporary final rule for those petitioners with start dates on or before March 31, 2022 during FY 2022, DHS considered this number, overall indications of increased need, and the availability of U.S. workers, as discussed below. On the basis of these considerations, DHS determined that it would be appropriate to make available up to … 20,000 additional visas under the FY2022 supplemental cap authority. The Secretary further considered the objectives of E.O. 14010, which among other initiatives, instructs the Secretary of Homeland Security and the Secretary of State to implement measures to enhance access to visa programs for individuals from the Northern Triangle countries, as well as to address some of the root causes of and manage migration throughout both North and Central America, including Haiti, and determined that reserving up to 6,500 of the up to 20,000 additional visas and exempting this number from the returning … cap by an additional 20,000 visas during FY 2022 for positions with start dates on or before March 31, 2022 to businesses that: (1) Show that there are an insufficient number of U.S. workers to meet their needs in the first half of FY 2022; (2) attest that their businesses are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested on their petition; and (3) petition for returning workers who were issued an H-2B visa or were otherwise granted H-2B status in FY 2019, 2020, or 2021, unless the H-2B worker is a national",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-spouse-i94-proof-20220130",
  "countryCode": "US",
  "country": "United States",
  "title": "New I-94 spouse codes provide proof of work authorization",
  "policyEffect": "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.",
  "operativeDate": "2022-01-30",
  "year": 2022,
  "affectedGroup": "Qualifying e and l dependent spouses issued unexpired forms i-94 bearing the new spousal codes",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Dependent-spouse employment",
  "policyTool": "Proof of work authorization",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220318-EmploymentAuthorization.pdf",
  "preciseCitation": "POLICY ALERT - Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses",
  "evidencePassage": "nt to their valid E or L nonimmigrant status. 1 At that time, USCIS explained that DHS would take immediate steps to modify the Arrival-Departure Record (Form I-94) evidencing nonimmigrant status issued to E and L dependents so that E and L spouses could be distinguished from E and L children on the face of the document. USCIS stated that, once these changes were made, the revised Form I-94 containing a notation indicating that the bearer is an E or L spouse would be acceptable as evidence of employment authorization under List C of Form I-9, Employment Eligibility Verification. USCIS is now u … pdating its guidance to explain the system modifications made following the November 2021 announcement, specifically, the addition of new Class of Admission (COA) codes to distinguish between E and L spouses and children. 2 This guidance, contained in Volume 10 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Provides that, as of January 30, 2022, USCIS and U.S. Customs and Border Protection (CBP) began issuing Forms I-94 with the following new Class of Admissio … Mariana Islands (E-2 CNMI Investors) who are also required to apply for employment authorization per 8 CFR 274a.12(c)(12). Additionally, as noted in 8 CFR 214.2(e)(23)(x)(B), spouses of E-2 CNMI investors who obtained such status based upon a Foreign Retiree Investment Certificate are not eligible for work authorization. 2 Unlike certain E and L spouses, E and L children are not employment authorized incident to status. PA-2022-11: Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses Page: 2 E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form … I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9. • Explains that affected E and L spouses with a Form I-94 issued by USCIS before January 30, 2022 that was notated with E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status will generally receive a notice from USCIS regarding the new COA codes that, together with an unexpired Form I-94 reflecting E-1, E-2, E-3 E-3D, E-3R, or L-2 nonimmigrant status, may serve as evidence of employment authorization for such spouses under List C of Form I-9. 3 • Adds certain E and … n (COA) codes for certain 1 See USCIS Policy Alert, Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses, issued November 12, 2021. As explained in the guidance published at that time, this policy does not apply to dependents (including spouses) of Employees of the Taipei Economic and Cultural Representative Office (TECRO) and Taipei Economic and Cultural Offices (TECO), who continue to be required to apply for employment authorization per 8 CFR 274a.12(c)(2). Further, this policy does not apply to spouses of Long-Term Investors in the Commonwealth of the Northern",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-afghan-overseas-exam-reuse-20220201",
  "countryCode": "US",
  "country": "United States",
  "title": "Eligible evacuated Afghans may reuse overseas medical examinations",
  "policyEffect": "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.",
  "operativeDate": "2022-02-01",
  "year": 2022,
  "affectedGroup": "Afghan nationals seeking adjustment after operation allies welcome evacuation who meet the overseas-examination conditions",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Medical examination evidence",
  "policyTool": "Reuse of completed overseas examination",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220201-OAWMedicalExam.pdf",
  "preciseCitation": "POLICY ALERT - Use of Medical Examination Completed Abroad for Afghan Nationals Applying for Adjustment of Status After Evacuation Under Operation Allies Welcome",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 February 1, 2022 PA-2022-06 Policy Alert SUBJECT: Use of Medical Examination Completed Abroad for Afghan Nationals Applying for Adjustment of Status After Evacuation Under Operation Allies Welcome Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to allow certain Afghan nationals applying for adjustment of status after evacuation under Operation Allies Welcome (OAW) 1 to use the report of an immigration medical examination completed abroad b … y a panel physician to satisfy the requirement normally demonstrated on a Report of Medical Examination and Vaccination Record (Form I-693) completed by a USCIS- designated civil surgeon, as long as certain conditions are met. Background In general, those applying for immigration benefits while in the United States must submit Form I- 693 to demonstrate that there are not any conditions that would render them inadmissible under the health-related grounds. 2 To ease the burden placed on Afghan nationals who have already demonstrated that they are not inadmissible under the health-related ground … s by undergoing an immigration medical examination completed abroad by a panel physician, USCIS has determined, in consultation with the Centers for Disease Control and Prevention, that certain Afghan nationals do not need to repeat the immigration medical examination and submit Form I-693 when they apply for adjustment of status, as long as certain conditions are met. This guidance, contained in Volume 8 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. 1 On August 29, 2021, Presid … f Medical Examination Completed Abroad for Afghan Nationals Applying for Adjustment of Status After Evacuation Under Operation Allies Welcome Page: 2 Policy Highlights • Clarifies that Afghan nationals applying for adjustment of status after OAW evacuation do not have to repeat an immigration medical examination and submit Form I-693 as part of their adjustment application if: • The results of the immigration medical examination completed abroad are contained in the A-file and no Class A medical condition was reported; • The immigration medical examination abroad was completed by the panel phy … sician no more than 4 years before the date of application for adjustment of status; and • No evidence in the A-file or testimony given at the interview suggests that the applicant has acquired a Class A medical condition after entry into the United States. Citation Volume 8: Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 3, Applicability of Medical Examination and Vaccination Requirement [8 USCIS-PM B.3].",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-protection-ead-duration-20220207",
  "countryCode": "US",
  "country": "United States",
  "title": "Longer work-document validity for specified protection and parole categories",
  "policyEffect": "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.",
  "operativeDate": "2022-02-07",
  "year": 2022,
  "affectedGroup": "Refugees, asylees, people granted withholding, vawa self-petitioners, parolees and non-daca deferred-action recipients in the specified employment-authorization categories",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.; These were maximum validity guidelines, not a guarantee of work authorization for every applicant.",
  "policyCategory": "Status and employment documentation",
  "policyTool": "Employment authorization document validity",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220207-EmploymentAuthorizationValidity.pdf",
  "preciseCitation": "POLICY ALERT - Updating General Guidelines on Maximum Validity Periods for Employment Authorization Documents based on Certain Filing Categories",
  "evidencePassage": "uthorization document, which may include any period when an administrative appeal or judicial review of an application or petition is pending, unless otherwise provided in this chapter.”) 3 Not including Deferred Action for Childhood Arrivals. 4 See 8 CFR 212.5. PA-2022-07: Updating General Guidelines on Maximum Validity Periods for Employment Authorization Documents based on Certain Filing Categories Page: 2 In the interest of reducing the burden on both the agency and the public, USCIS has revised its guidelines to state that initial and renewal EADs generally may be issued with a maximum va … lidity period of up to 2 years for asylees and refugees, noncitizens with withholding of deportation or removal, and VAWA self-petitioners; or up to the end of the authorized deferred action or parole period to applicants in these filing categories. Through this publication, USCIS will begin to address some of the EAD-related comments that USCIS received in response to the Request for Public Input, 5 specifically, increasing maximum EAD validity period guidelines, where feasible, given current processing times and issuing clarifying guidance that will help prevent gaps in employment authorizat … s controlling and supersedes any related prior guidance. Policy Highlights • Provides general guidance on the adjudication of Form I-765 as it relates to determining eligibility, reviewing evidence, and issuing a decision; and adds charts outlining EAD validity timeframes for 8 CFR 274a.12(a) and 8 CFR 274a.12(c) categories. • Updates the maximum validity period for initial and renewal EADs from 1 year to 2 years for employment authorization based on 8 CFR 274a.12(a)(3) (admitted as a refugee), 8 CFR 274a.12(a)(5) (granted asylum), 8 CFR 274a.12(a)(10) (withholding of deportation or removal), … and 8 CFR 274a.12(c)(31) (VAWA self-petitioner). • Updates the maximum validity period for initial and renewal EADs for employment authorization based on 8 CFR 274a.12(c)(11) (parole) and 8 CFR 274a.12(c)(14) (non-DACA deferred action) to the end date of the authorized parole or deferred action period. • Removes guidance related to the exercise of discretion as it relates to the general adjudication of Form I-765, and specific guidance related to the adjudication of Form I-765 based on a pending application for adjustment of status under INA 245 and deferred action, to remove redundancy and av … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 February 7, 2022 PA-2022-07 Policy Alert SUBJECT: Updating General Guidelines on Maximum Validity Periods for Employment Authorization Documents based on Certain Filing Categories Purpose U.S. Citizenship and Immigration Services (USCIS) is updating guidelines in the USCIS Policy Manual regarding validity periods for Employment Authorization Documents (EADs) for asylees and refugees, noncitizens with withholding of deportation or removal, noncitizens with deferred action, 1 parolees, and Violence Again … st Women Act (VAWA) self-petitioners. Background Noncitizens in the United States must obtain employment authorization before they may lawfully work in the country. Whether or not a noncitizen is authorized to work in the United States depends on the noncitizen’s immigration status and circumstances. While employment authorization for certain noncitizens is automatically provided by virtue of their immigration status or circumstances, other noncitizens must affirmatively apply for employment authorization and USCIS may grant employment authorization as a matter of discretion. In many cases, US … ion and documentation. Replacement EADs will not be affected by this update; USCIS will continue to issue replacement EADs with the same validity date as the original EAD. 6 This guidance, contained in Volume 10, Part A of the Policy Manual, is effective immediately. Therefore, USCIS will apply the updated validity period guidelines to EADs issued for impacted categories on or after February 7, 2022. EADs issued before February 7, 2022, are not affected. USCIS will continue to issue replacement EADs with the same validity dates as the original EAD. The guidance contained in the Policy Manual i",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "repair-record-measure-2d7a4e7c292137524324a7e3",
  "countryCode": "US",
  "country": "United States",
  "title": "Restoration of the 30-day processing provision for initial asylum employment authorization",
  "policyEffect": "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.",
  "operativeDate": "2022-02-07",
  "year": 2022,
  "affectedGroup": "Asylum applicants",
  "materialConditionsAndExceptions": "Recorded validated scope: 8 CFR Part 208 and 274a.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2022/09/22/2022-20228/asylum-application-and-employment-authorization-for-applicants-implementation-of-vacatur",
  "preciseCitation": "",
  "evidencePassage": "h.pdf#page=9) for more details. ###### Department of Homeland Security 1. 8 CFR Parts 208 and 274a 2. \\[CIS No. 2722-22; DHS Docket No. USCIS-2022-0008] 3. RIN 1615-AC66 # AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security (DHS). # ACTION: Final rule. # SUMMARY: This final rule removes changes to regulatory text resulting from two final rules issued in June 2020, which were vacated by a Federal district court in February 2022. This final rule implements the vacatur by removing certain regulatory text governing asylum applications, interviews, and eligibility for … employment authorization and an employment authorization document (EAD) based on a pending asylum application. It also reinserts various regulatory provisions as they appeared prior to the effective dates of the two final rules issued in June 2020. # DATES: This rule is effective on February 7, 2022, as a result of the Federal district court's vacatur. # FOR FURTHER INFORMATION CONTACT: Rená Cutlip-Mason, Chief, Division of Humanitarian Affairs, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 5900 Capital Gateway Drive, Camp Springs, … MD 20588-0009; telephone (240) 721-3000 (not a toll-free call). # SUPPLEMENTARY INFORMATION: ## I. Background and Basis for Removal of Regulations In June 2020, the U.S. Department of Homeland Security (DHS) issued two final rules (June 2020 EAD rules, collectively) titled, *Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications* (Timeline Repeal rule) and *Asylum Application, Interview, and Employment Authorization for Applicants* (Broader Asylum EAD rule), respectively.\\[[1](#footnote-1-p57795)] The Timeline Repeal rule eliminated … two regulatory provisions that required U.S. Citizenship and Immigration Services (USCIS) to adjudicate initial EAD applications filed by asylum applicants within 30 days of receipt and that renewal EAD applications from asylum applicants must be received by USCIS 90 days prior to the expiration of the employment authorization. The Timeline Repeal rule went into effect on August 21, 2020. The Broader Asylum EAD rule made a number of changes to DHS's regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application, includ … ment authorization shall be denied. If the asylum application is not so denied, the Service shall have 30 days from the date of filing of the request employment authorization to grant or deny that application, except that no employment authorization shall be issued to an asylum applicant prior to the expiration of the 180-day period following the filing of the asylum application filed on or after April 1, 1997. (2) The time periods within which the alien may not apply for employment authorization and within which USCIS must respond to any such application and within which the asylum applicatio … retion of USCIS. Where economic necessity has been identified as a factor, the alien must provide information regarding his or her assets, income, and expenses. (2) An initial employment authorization request for asylum applicants under [8 CFR 274a.12(c)(8)](<https://www.ecfr.gov/current/title-8/section-274a.12#p-274a.12(c)(8)>) must be filed on the form designated by USCIS in accordance with the form instructions. The applicant also must submit a copy of the underlying application for asylum or withholding of deportation, together with evidence that the application has been filed in accordanc … cument Number 2022-20228 Document Type Rule Pages 57795-57799 (5 pages) Publication Date [09/22/2022](https://www.federalregister.gov/documents/2022/09/22) RIN [1615-AC66](https://www.federalregister.gov/regulations/1615-AC66/-asylum-application-interview-and-employment-authorization-for-applicants-and-removal-of-30-day-proc) Published Content - Document Details - Document DatesPublished Content - Document Dates Effective Date 2022-02-07 Dates Text This rule is effective on February 7, 2022, as a result of the Federal district court's vacatur. Published Content - Document Dates - Table of Cont",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-vawa-stepfamily-divorce-20220210",
  "countryCode": "US",
  "country": "United States",
  "title": "Divorce does not end VAWA stepfamily eligibility",
  "policyEffect": "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.",
  "operativeDate": "2022-02-10",
  "year": 2022,
  "affectedGroup": "Stepchildren and stepparents seeking vawa self-petition classification after the parent and stepparent divorced",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.; other VAWA eligibility requirements remained applicable.",
  "policyCategory": "Protection for victims of abuse",
  "policyTool": "Stepfamily relationship after divorce",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220210-VAWA.pdf",
  "preciseCitation": "USCIS Policy Alert PA-2022-09: Violence Against Women Act Self-Petitions",
  "evidencePassage": "ney General, 4 which held that when evaluating the good moral character requirement, an act or conviction is “connected to” the battery or extreme cruelty when it has “a causal or logical relationship.” • Implements the decision in Arguijo v. USCIS, 5 which allows stepchildren and stepparents to continue to be eligible for VAWA self-petitions if the parent and stepparent divorced. • Clarifies how USCIS considers the 2-year filing requirement when the self-petitioner’s marriage is terminated, the abusive U.S. citizen family member dies, and the abusive family member loses or renounces U.S. citi … of where the self-petitioner resides. 5 See Arguijo v. USCIS, 991 F.3d 736 (7th Cir. 2021), holding that divorce does not terminate a stepchild relationship for the purposes of eligibility for a VAWA self-petition. USCIS has chosen to apply this holding regardless of where the self-petitioner resides. PA-2022-09: Violence Against Women Act Self-Petitions Page: 3 • Provides guidance on special considerations for self-petitions filed subsequent to a Petition for Alien Relative (Form I-130) and an Application to Register Permanent Residence or Adjust Status (Form I-485). Citation Volume 3: Humani … inst Women Act Self-Petitions Page: 2 The other two changes implement the decisions in Da Silva v. Attorney General and Arguijo v. United States nationwide. 3 The guidance, contained in Volume 3 of the Policy Manual, consolidates, updates, and replaces Chapters 21.14 and 21.15 of the Adjudicator’s Field Manual (AFM) and related policy memoranda and changes USCIS’ interpretation of three policies. USCIS is implementing this guidance immediately and the guidance applies to all Petitions for Amerasian, Widow(er), or Special Immigrant (Form I-360) filed as VAWA self-petitions that are currently pe … nding, or filed on or after February 10, 2022. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Consolidates and updates guidance on eligibility, filing, and adjudication requirements for VAWA-based Form I-360s to reflect current laws and existing practice. • Changes the interpretation of the requirement for shared residence to occur during the qualifying relationship and, instead, requires the self-petitioner to reside or have resided with the abuser at any time in the past. • Implements the decision in Da Silva v. Attor",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-dd204fb192730c8195c7",
  "countryCode": "US",
  "country": "United States",
  "title": "Mandatory Frivolous Asylum Adjudication Requirements (Matter of M-M-A-)",
  "policyEffect": "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.",
  "operativeDate": "2022-03-11",
  "year": 2022,
  "affectedGroup": "Asylum seekers",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Asylum or protection",
  "policyTool": "Legal interpretation",
  "sourceName": "U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals",
  "sourceUrl": "https://justice.gov/eoir/page/file/1482556/dl?inline=",
  "preciseCitation": "Matter of M-M-A-, 28 I&N Dec. 494 (BIA 2022)",
  "evidencePassage": "When the Department of Homeland Security raises the mandatory bar for filing a frivolous asylum application under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2018), an Immigration Judge must make sufficient findings of fact and conclusions of law on whether the requirements for a frivolousness determination under Matter of Y-L-, 24 I&N Dec. 151 (BIA 2007), have been met.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-d75c9577f2e7700c4c64",
  "countryCode": "US",
  "country": "United States",
  "title": "EB-5 Reform and Integrity Act of 2022 (Statutory Regional Center Program Reauthorization)",
  "policyEffect": "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).",
  "operativeDate": "2022-03-15",
  "year": 2022,
  "affectedGroup": "High-net-worth investors / immigrant investors",
  "materialConditionsAndExceptions": "Validated condition or limit: 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).",
  "policyCategory": "Legal framework overhaul / integrity measures / quota allocation",
  "policyTool": "Primary legislation / administrative guidance",
  "sourceName": "Congress / U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-reform-and-integrity-act-of-2022",
  "preciseCitation": "Public Law 117-103, Div. BB, 136 Stat. 1070; USCIS Policy Alert PA-2022-11; Public Law 117-103, Division R; 87 FR 40676",
  "evidencePassage": "category to qualified investors who will contribute to the economic growth of the United States by investing in U.S. businesses and creating jobs for U.S. workers. EB-5 investors have historically had the option of participating in the Regional Center Program, which allows an investor to rely on indirect job creation when they invest through a USCIS-designated regional center. Authorization related to the Regional Center Program lapsed at the end of the day on June 30, 2021. On March 15, 2022, the EB-5 Reform and Integrity Act of 2022 was signed into law, revising general eligibility requirements, substantially reforming and codifying the Regional Center Program in INA 203(b)(5), and adding significant new integrity provisions. The law also made certain changes affecting applicants seeking adjustment of status based on the EB-5 category. 1 On October 6, 2022, USCIS published revised guidance for investor petitions to align certain content with the new law. 2 This guidance, contained in Volume 6 of the Policy Manual, further reorganizes and updates Part G, Investors, to incorporate statutory reforms related to regional center designation and responsibilities. USCIS anticipates making future updates to this guidance to provide additional clarifications, as needed. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights 1 See EB-5 Reform and Integrity Act of 2022, Division BB of the Consolidated Appropriations Act of 2022, Pub. L. 117-103, 136 Stat. 49, 1070 (March 15, 2022). 2 See EB-5 Reform and Integrity Act of 2022, PA-2022-23, issued October 6, 2022. To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. PA-2023-31: EB-5 Regional Center Program Reform Page: 2 • Provides guidance on immigrant",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-n600-photo-appointment-20220328",
  "countryCode": "US",
  "country": "United States",
  "title": "Citizenship-certificate applicants generally provide photos at appointments",
  "policyEffect": "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.",
  "operativeDate": "2022-03-28",
  "year": 2022,
  "affectedGroup": "Applicants filing form n-600 for a certificate of citizenship on or after march 28, 2022",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.; 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.",
  "policyCategory": "Citizenship documentation",
  "policyTool": "Photograph and signature collection",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220126-PhotographsAndSignatures.pdf",
  "preciseCitation": "POLICY ALERT - Photographs and Signatures for Applications for Certificates of Citizenship",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 January 26, 2022 PA-2022-05 Policy Alert SUBJECT: Photographs and Signatures for Applications for Certificates of Citizenship Purpose U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to specify that persons submitting an Application for Certificate of Citizenship (Form N-600) will generally now have their photographs taken at a biometrics appointment instead of submitting paper photographs and handwritten signatures, as applicable. Background Curr … ently, Form N-600 applicants (children of U.S. citizens) are required to submit paper photographs with their application. However, electronic processing and improved technology now allow for digital submission of biometrics, including photographs for applicants of all ages, which enhances USCIS’ ability to provide consistent identifying features on Certificates of Citizenship. Instead of requiring paper photographs, USCIS now schedules Form N-600 applicants to appear at an Application Support Center (ASC) to submit photographs and a signature. 1 This guidance, contained in Volume 12 of the Pol … icy Manual, is effective March 28, 2022 and applies prospectively to any Form N-600 filed on or after that date. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Explains that Form N-600 applicants generally do not need to submit paper photographs, since USCIS can, in most cases, collect the applicant’s photograph and signature at an ASC appointment at no additional cost. • Clarifies that the information collected in connection with a Form N-600 is not submitted to the Federal Bureau of Investigation for back … ground checks. 1 Paper photographs may still be required for applicants residing outside of the United States. Children under age 5 do not submit a fingerprint. Parents or legal guardians may sign for a child under age 14. See 8 CFR 103.2(a)(2). PA-2022-05: Photographs and Signatures for Applications for Certificates of Citizenship Page: 2 • Explains that USCIS may consider a Form N-600 abandoned where the applicant fails to appear for an ASC appointment, unless USCIS receives a timely change of address or rescheduling request as required by regulation. 2 Citation Volume 12: Citizenship and Na",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-cb95def98e15392e528e",
  "countryCode": "US",
  "country": "United States",
  "title": "USCIS Policy Manual Guidance on Interview Waiver Criteria for Family-Based Conditional Permanent Residents (Form I-751)",
  "policyEffect": "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.",
  "operativeDate": "2022-04-07",
  "year": 2022,
  "affectedGroup": "Family-based conditional permanent residents filing form i-751",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Permanent residence / family-based immigration",
  "policyTool": "Administrative guidance / manual update",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://uscis.gov/sites/default/files/document/policy-manual-updates/20220407-Family-BasedCPRInterviewWaiver.pdf",
  "preciseCitation": "USCIS Policy Alert PA-2022-13, Interview Waiver Criteria for Family-Based Conditional Permanent Residents (April 7, 2022); 6 USCIS-PM I.3.",
  "evidencePassage": "2 sufficient evidence, and there is no indication of fraud, misrepresentation, criminal bars, or other factors that may require an interview. • Updates interview waiver criteria to eliminate automatic referrals for cases where a CPR obtained status via consular processing and to refer CPR cases based on risk-based criteria. Summary of Changes Affected Section: Volume 6 > Part I, Family-Based Conditional Permanent Residents • Adds new Chapter 3 (Petition to Remove Conditions on Residence) with introductory text and guidance under new Section G (Interview); adds and reserves new Sections A, B, C, D, E, F, H, and I. • Adds new [Reserved] Chapters 1, 2, 4, 5, 6, and 7.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-4d53ab314510250e4c03",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS designates Ukraine for Temporary Protected Status",
  "policyEffect": "DHS designated Ukraine for TPS for 18 months, allowing eligible Ukrainian nationals in the United States to apply for TPS and employment authorization.",
  "operativeDate": "2022-04-19",
  "year": 2022,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: DHS designated Ukraine for TPS for 18 months, allowing eligible Ukrainian nationals in the United States to apply for TPS and employment authorization.",
  "policyCategory": "Humanitarian, work",
  "policyTool": "Status extension",
  "sourceName": "Federal Register 87 FR 23211",
  "sourceUrl": "https://www.federalregister.gov/documents/2022/04/19/2022-08390/designation-of-ukraine-for-temporary-protected-status",
  "preciseCitation": "Federal Register 87 FR 23211. DHS designates Ukraine for Temporary Protected Status. Effective 2022-04-19.",
  "evidencePassage": "USCIS), Department of Homeland Security (DHS). ACTION: Notice of Temporary Protected Status (TPS) designation. ----------------------------------------------------------------------- SUMMARY: Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has designated Ukraine for Temporary Protected Status (TPS) for 18 months, effective April 19, 2022, or later date if Secretary so determines], through October 19, 2023. This designation allows eligible Ukrainian nationals (and individuals having no nationality who last habitually resided in Ukraine) who have continuously resided in the United States since April 11, 2022, and who have been continuously physically present in the United States since April 19, 2022 to apply for TPS. DATES: Designation of Ukraine for TPS: The 18-month designation of Ukraine for TPS is effective on April 19, 2022 and will remain in effect for 18 months, through October 19, 2023. Registration: The registration period for eligible individuals to submit TPS applications begins April 19, 2022 and will remain in effect through October 19, 2023. FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason … Ukraine) to submit an initial registration application under the designation of Ukraine for TPS and apply for an Employment Authorization Document (EAD). Under this designation, individuals must submit an initial Ukraine TPS application (Form I-821) and may also submit an application for Employment Authorization (Form I-765), during the 18-month initial registration period that runs from April 19, 2022, through October 19, 2023.\\1\\ In addition to demonstrating continuous residence in the United States since April 11, 2022,\\2\\ and meeting other eligibility criteria, initial applicants for TPS under this … for TPS under the designation of Ukraine. On the basis of this determination, I am designating Ukraine for TPS for 18 months, from April 19, 2022 through October 19, 2023. See INA section 244(b)(1)(C) and (b)(2); 8 U.S.C. 1254a(b)(1)(C), and (b)(2). Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. Eligibility and Employment Authorization for TPS Required Application Forms and Application Fees To Register for TPS To register for TPS based on the designation of Ukraine, you must submit a Form-821, Application for Temporary Protected Status and pay the filing fee or request",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-29665524fcf5a8e40920",
  "countryCode": "US",
  "country": "United States",
  "title": "Implementation of the Uniting for Ukraine Parole Process",
  "policyEffect": "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.",
  "operativeDate": "2022-04-25",
  "year": 2022,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Admission",
  "policyTool": "New pathway",
  "sourceName": "govinfo.gov",
  "sourceUrl": "https://govinfo.gov/app/details/FR-2022-04-27/2022-09087",
  "preciseCitation": "govinfo.gov. Implementation of the Uniting for Ukraine Parole Process.; 87 FR 25040 (Doc. 2022-09087)",
  "evidencePassage": "DHS will make the Uniting for Ukraine parole process available on April 25, 2022.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-74aed00367d376204ebc",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS temporarily increases automatic EAD extension period to 540 days",
  "policyEffect": "DHS temporarily increased the automatic extension period for certain timely filed EAD renewal applicants from up to 180 days to up to 540 days.",
  "operativeDate": "2022-05-04",
  "year": 2022,
  "affectedGroup": "Current holders",
  "materialConditionsAndExceptions": "Validated condition or limit: DHS temporarily increased the automatic extension period for certain timely filed EAD renewal applicants from up to 180 days to up to 540 days.",
  "policyCategory": "Work, humanitarian, residence, family",
  "policyTool": "Work rights",
  "sourceName": "Federal Register 87 FR 26614",
  "sourceUrl": "https://www.federalregister.gov/documents/2022/05/04/2022-09539/temporary-increase-of-the-automatic-extension-period-of-employment-authorization-and-documentation",
  "preciseCitation": "Federal Register 87 FR 26614. DHS temporarily increases automatic EAD extension period to 540 days. Effective 2022-05-04.",
  "evidencePassage": "comments. SUMMARY: This rule temporarily amends existing Department of Homeland Security (DHS) regulations to provide that the automatic extension period applicable to expiring Employment Authorization Documents (Forms I-766 or EADs) for certain renewal applicants who have filed Form I-765, Application for Employment Authorization, will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs. This increase will be available to eligible renewal applicants with pending Forms I-765 as of May 4, 2022, including those applicants whose employment authorization … extension period for employment authorization and/or EAD validity of up to 180 days (described in 8 CFR 274a.13(d)(1)) to a period of up to 540 days for renewal applicants eligible to receive an automatic extension who have a timely filed Form I-765 renewal application pending during the 18-month [138] period beginning May 4, 2022, and ending October 26, 2023. After the 18-month period, automatic extensions of employment authorization and EAD validity will revert to the up to 180-day period for those eligible applicants who timely file renewal Form I-765 applications after October 26, 2023. The increased",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-6c31d39aad55b2f57d03",
  "countryCode": "US",
  "country": "United States",
  "title": "Deferred-action consideration introduced for visa-blocked SIJs",
  "policyEffect": "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.",
  "operativeDate": "2022-05-06",
  "year": 2022,
  "affectedGroup": "Approved special immigrant juveniles unable to apply for adjustment solely because an immigrant visa number was unavailable",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Special immigrant juvenile protection",
  "policyTool": "Deferred-action consideration",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220307-SIJAndDeferredAction.pdf",
  "preciseCitation": "POLICY ALERT - Special Immigrant Juvenile Classification and Deferred Action",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 March 7, 2022 PA-2022-10 Policy Alert SUBJECT: Special Immigrant Juvenile Classification and Deferred Action Purpose U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to consider deferred action (and related employment authorization) for noncitizens classified as Special Immigrant Juveniles (SIJs) who are ineligible to apply for adjustment of status to lawful permanent resident (LPR) status solely due to visa unavailability. Background The SIJ classification is avail … 245(a), (h). See 8 CFR 245.2(a)(2)(i)(A). 3 See INA 101(a)(27)(J). PA-2022-10: Special Immigrant Juvenile Classification and Deferred Action Page: 2 This update, contained in Volume 6 of the Policy Manual, is effective May 6, 2022 and applies to eligible noncitizens classified as SIJs before, on, or after that date based on an approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). This guidance is controlling and supersedes any prior guidance on the topic. Policy Highlights • Provides that USCIS automatically conduct deferred action determinations for noncitizens with … SIJ classification who cannot apply for adjustment of status solely because an immigrant visa number is not immediately available. Noncitizens with SIJ classification are not required to submit a separate request for deferred action, and a separate request will not be accepted. • Explains that USCIS considers deferred action on a case-by-case basis to determine whether the noncitizen with SIJ classification warrants a favorable exercise of discretion. • Provides that a grant of deferred action to a noncitizen with SIJ classification is for a period of 4 years. • Explains that a noncitizen with",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-feca92628ae0cd79a0d2",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS designates Afghanistan for Temporary Protected Status",
  "policyEffect": "DHS designated Afghanistan for TPS for 18 months, opening TPS registration and employment authorization eligibility for covered Afghan nationals.",
  "operativeDate": "2022-05-20",
  "year": 2022,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: DHS designated Afghanistan for TPS for 18 months, opening TPS registration and employment authorization eligibility for covered Afghan nationals.",
  "policyCategory": "Humanitarian, work",
  "policyTool": "Status extension",
  "sourceName": "Federal Register 87 FR 30976",
  "sourceUrl": "https://www.federalregister.gov/documents/2022/05/20/2022-10923/designation-of-afghanistan-for-temporary-protected-status",
  "preciseCitation": "Federal Register 87 FR 30976. DHS designates Afghanistan for Temporary Protected Status. Effective 2022-05-20.",
  "evidencePassage": "of Homeland Security (DHS). ACTION: Notice of Temporary Protected Status (TPS) designation. ----------------------------------------------------------------------- SUMMARY: Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is designating Afghanistan for Temporary Protected Status (TPS) for 18 months, effective May 20, 2022, through November 20, 2023. This designation allows eligible Afghan nationals (and individuals having no nationality who last habitually resided in Afghanistan) who have continuously resided in the United States since March 15, 2022, and who have been continuously physically present in the United States since May 20, 2022 to apply for TPS. DATES: Designation of Afghanistan for TPS: The 18-month designation of Afghanistan for TPS is effective on May 20, 2022 and will remain in effect for 18 months, through November 20, 2023. Registration: The registration period for eligible individuals to submit TPS applications begins May 20, 2022 and will remain in effect through November 20, 2023. ADDRESSES: For further information on TPS, including guidance on the registration process and additional information … ) to submit an initial registration application under the designation of Afghanistan for TPS and apply for an employment authorization document (EAD). Under the designation, individuals must submit an initial Afghanistan TPS application (Form I-821) and they may also submit an Application for Employment Authorization (Form I-765), during the 18-month initial registration period that runs from May 20, 2022, through November 20, 2023.\\1\\ In addition to demonstrating continuous residence in the United States since March 15, 2022,\\2\\ and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since May 20, 2022, the effective date of this designation of Afghanistan, before USCIS may grant them TPS. DHS estimates that approximately 72,500 individuals are eligible to file applications for TPS under the designation of Afghanistan. --------------------------------------------------------------------------- \\1\\ In general, individuals must be given an initial registration period of no less than 180 days to register for TPS, but the Secretary has discretion to provide for a",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-2c316894bafb77f46155",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS and DOJ issue asylum officer processing interim final rule",
  "policyEffect": "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.",
  "operativeDate": "2022-05-31",
  "year": 2022,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian",
  "policyTool": "Processing",
  "sourceName": "Federal Register 87 FR 18078",
  "sourceUrl": "https://www.federalregister.gov/documents/2022/03/29/2022-06148/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat",
  "preciseCitation": "Federal Register 87 FR 18078. DHS and DOJ issue asylum officer processing interim final rule. Effective 2022-05-31.",
  "evidencePassage": "asylum-and-withholding-only proceedings properly balanced the need to prevent noncitizens from being removed to countries where they may face persecution or torture with ensuring efficiency in the overall adjudication process. *See id.* This rule offers another approach. It establishes a streamlined and simplified adjudication process for individuals encountered at or near the border, placed into expedited removal, and determined to have a credible fear of persecution or torture, with the aim of deciding protection claims in a more timely fashion while ensuring appropriate safeguards against error.\\[[13](#footnote-13-p18090)] The rule authorizes USCIS to adjudicate in the first instance the asylum claims of individuals who receive positive credible fear determinations under the expedited removal framework in section 235(b)(1) of the INA, [8 U.S.C. 1225(b)(1)](https://www.govinfo.gov/link/uscode/8/1225). The procedures that USCIS asylum officers will use to adjudicate these claims will be nonadversarial, and the decisions will be made within time frames consistent with those established by Congress in section 208(d)(5)(A) of the INA, [8 U.S.C. 1158(d)(5)(A)](https://www.govinfo.gov/link/uscode/8/1158).\\[[14](#footnote-14-p18090)] The Departments believe that the approach in this rule, in contrast to the approach outlined in the Global Asylum rule, will allow for noncitizens' claims to be heard more efficiently and fairly. As further explained in this rule, allowing noncitizens with positive credible fear determinations to have their asylum, statutory withholding, and CAT protection claims heard in a nonadversarial setting before an asylum officer capitalizes on the investment of time and expertise that USCIS has already made and, for the subset of cases in which asylum is granted by USCIS, saves investment of time and resources by EOIR and ICE. *See* Sections II.C. and IV.D.5 of this preamble. The extensive and well-rounded training that asylum officers receive is designed to enable them to conduct nonadversarial interviews in a fair and sensitive manner. This rule will also enable meritorious cases to be resolved more quickly, reducing the overall asylum system backlogs and using limited asylum officer and IJ resources more efficiently. If the asylum officer does not grant asylum following an Asylum Merits interview, the noncitizen will be referred to an IJ for streamlined",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-ae892b8b2f4d69962ade",
  "countryCode": "US",
  "country": "United States",
  "title": "Policy Manual Guidance on Afghan and Iraqi Special Immigrant Visas Adjudication Transition",
  "policyEffect": "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.",
  "operativeDate": "2022-07-20",
  "year": 2022,
  "affectedGroup": "Afghan and iraqi special immigrant visa applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Humanitarian and special immigrant status",
  "policyTool": "Administrative guidance / manual update",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/policy-manual/updates",
  "preciseCitation": "USCIS Policy Alert PA-2022-17, \"Afghan and Iraqi Special Immigrant Visas,\" July 20, 2022.",
  "evidencePassage": "- Chapter 4 - O-1 Beneficiaries POLICY ALERT - Legislative Changes and Transition Affecting Afghan and Iraqi Special Immigrant Visas July 20, 2022 U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on the transition of the responsibility to adjudicate certain Afghan special immigrant visa (SIV) petitions to the U.S. Department of State (DOS) and to incorporate other changes to the Afghan and Iraqi SIV classifications resulting from the Emergency Security Supplemental Appropriations Act of 2021. Read More Affected Sections 6 USCIS-PM H.1 - Chapter 1 - Purpose and Background 6 USCIS-PM H.8 - Chapter 8 - Certain Iraqi Nationals 6 USCIS-PM H.9 - Chapter 9 - Certain Afghan Nationals 6 USCIS-PM H.10 - Chapter 10 - Certain Iraqi and Afghan Translators and Interpreters 7 USCIS-PM F.10 - Chapter 10 - Certain Afghan and Iraqi Nationals Technical Update - Clarifications Addressing Passage of EB-5 Reform and Integrity Act of 2022 July 18, 2022 This technical update to Volume 6 clarifies the Policy Manual alert boxes published on April 27, 2022 relating to the recent EB-5 Reform and Integrity Act of 2022, which authorizes an EB-5 Immigrant Investor",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-46f78461c4e40dbcbfb0",
  "countryCode": "US",
  "country": "United States",
  "title": "Permanent Adoption of Reproduced Signature Flexibilities",
  "policyEffect": "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.",
  "operativeDate": "2022-07-25",
  "year": 2022,
  "affectedGroup": "All immigration petitioners and applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Administrative simplification / filing flexibilities",
  "policyTool": "Administrative policy guidance / policy manual update",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/newsroom/alerts/uscis-makes-reproduced-signature-flexibility-permanent",
  "preciseCitation": "USCIS Policy Manual, Volume 1, Part B, Chapter 2; USCIS Alert (2022-07-25)",
  "evidencePassage": "for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if: The form was filed up to 90 calendar days from the issuance of a decision we made; and We made that decision between Nov. 1, 2021, and Oct. 23, 2022, inclusive. In an effort to take the lessons learned from our pandemic posture, USCIS has been evaluating which flexibilities can and should be extended permanently. As a result of this evaluation, the reproduced signature flexibility announced in March, 2020, will become permanent policy on July 25, 2022. Please visit uscis.gov/coronavirus for USCIS updates",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-61d883b0a15e1de2486c",
  "countryCode": "US",
  "country": "United States",
  "title": "Uncharacterized military discharges treated as honorable for military naturalization",
  "policyEffect": "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.",
  "operativeDate": "2022-08-02",
  "year": 2022,
  "affectedGroup": "Military service members and former members applying for naturalization under ina 328 or ina 329",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Citizenship and naturalization",
  "policyTool": "Administrative guidance / manual update",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220802-UncharacterizedDischarges.pdf",
  "preciseCitation": "USCIS Policy Alert PA-2022-19, \"Uncharacterized Military Discharges Eligible for Naturalization,\" August 2, 2022.",
  "evidencePassage": "As a result, USCIS has determined that an “Uncharacterized” discharge also satisfies the statutory requirement of a separation “under honorable conditions.” … This guidance, contained in Volume 12 of the Policy Manual, is effective immediately 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). There is no filing fee for Form N-400 for current or former members of the U.S. armed forces.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-ebe32b5aca0c44a29241",
  "countryCode": "US",
  "country": "United States",
  "title": "Policy Guidance on Special Immigrant and Nonimmigrant Religious Workers (R-1)",
  "policyEffect": "USCIS updated Volumes 2 and 6 of the Policy Manual regarding Special Immigrant Religious Workers and R-1 nonimmigrants, clarifying third-party compensation structures.",
  "operativeDate": "2022-08-30",
  "year": 2022,
  "affectedGroup": "Special immigrant and r-1 nonimmigrant religious workers and petitioners",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Religious worker migration",
  "policyTool": "Administrative guidance / manual update",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220830-ReligiousWorkers.pdf",
  "preciseCitation": "",
  "evidencePassage": "This update provides reorganized and more detailed information related to special immigrant religious workers. In addition, for both special immigrant and R-1 nonimmigrant religious worker petitions, this update clarifies the circumstances under which certain related petitioners may meet the compensation requirements even if the attesting employer is not the entity that will directly compensate the religious worker. … This guidance, contained in Volumes 2 and 6 of the Policy Manual, is effective immediately and applies prospectively to petitions filed on or after that date. … Clarifies that, in situations where the attesting employer is not the entity that will directly compensate the religious worker, USCIS will review the relationship between the attesting employer and the entity directly compensating the religious worker in the totality of the circumstances to confirm eligibility.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-2ac937e994acaef53324cde9",
  "countryCode": "US",
  "country": "United States",
  "title": "Codification of policy allowing issuance of diplomatic nonimmigrant visas in the United States to children born in the U.S.",
  "policyEffect": "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.",
  "operativeDate": "2022-08-31",
  "year": 2022,
  "affectedGroup": "Children who are born in the united states, but who are not subject to the jurisdiction thereof because they are born to certain qualified individuals",
  "materialConditionsAndExceptions": "Recorded validated scope: A, C-2, C-3, G or NATO category.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2022/08/31/2022-18810/visas-eligibility-for-diplomatic-visa-issuance-in-the-united-states",
  "preciseCitation": "",
  "evidencePassage": "Eligibility for Diplomatic Visa Issuance In the United States AGENCY: Department of State. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule is promulgated to add categories of nonimmigrants who may be issued nonimmigrant visas in the United States. This amendment will add a limited category of nonimmigrants who are born in the United States, but not subject to the jurisdiction thereof, to noncitizens maintaining A-1, A-2, C-2, C-3, G-1, G-3, G-4, or NATO nonimmigrant status and properly classifiable as such. The goal of these revisions is to codify the longstanding policy allowing such children to be issued diplomatic visas domestically to document their entitlement to A, C, G, or NATO nonimmigrant status. DATES: This rule is effective August 31, 2022. FOR FURTHER INFORMATION CONTACT: Andrea Lage, Acting Senior Regulatory Coordinator, Visa Services, Bureau of Consular Affairs, 600 19th Street NW, Washington, DC 20522, 202-485-7586, <a href=\"/cdn-cgi/l/email-protection#f0a6998391a2959783b08384918495de979f86\"><span class=\"__cf_email__\" data-cfemail=\"5107382230033436221122253025347f363e27\">[email&#160;protected]</span></a>. SUPPLEMENTARY INFORMATION: What changes to 22 CFR 41.111 does the Department propose? This rule amends the regulation identifying categories of nonimmigrants who may be issued nonimmigrant visas in the United States, by adding a limited category of nonimmigrants who are born in the United States, but not subject to the jurisdiction thereof, as they were born to certain nonimmigrants maintaining A-1, A-2, C-2, C-3, G-1, G-3, G-4, or NATO status and properly classifiable as such. Prior to this amendment, the regulation identifying categories of noncitizens authorized to obtain diplomatic nonimmigrant … limited group of children would therefore be present in the United States without any documentation of their A, C-2, C-3, G or NATO nonimmigrant status. The Department's policy is that such children should be issued documentation of their A, C-2, C-3, G or NATO nonimmigrant status, as provided for by law for derivatives of the principal nonimmigrant. This amendment will codify existing policy permitting diplomatic visa issuance in the United States to this limited group of children, whose parents and other family members already are covered by the regulation describing issuance of diplomatic visas … in the A, C-2, C-3, G or NATO category and intend to reenter the United States in that status after a temporary absence abroad and who also present evidence that: (i) They have been lawfully admitted in that status or have, after admission, had their classification changed to that status; and (ii) Their period of authorized stay in the United States in that status has not expired; and (2) Children who are born in the United States, but who are not subject to the jurisdiction thereof because they are born to certain qualified individuals who are currently maintaining status and are properly classifiable",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-4026cd647f558834df04",
  "countryCode": "US",
  "country": "United States",
  "title": "Resumption of Cuban Family Reunification Parole (CFRP) Operations",
  "policyEffect": "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.",
  "operativeDate": "2022-09-01",
  "year": 2022,
  "affectedGroup": "Cuban beneficiaries of approved family-based immigrant petitions",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Family reunification and humanitarian parole",
  "policyTool": "Program operations resumption",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/newsroom/alerts/uscis-resumes-cuban-family-reunification-parole-program-operations",
  "preciseCitation": "USCIS Alert, \"USCIS Resumes Cuban Family Reunification Parole Program Operations,\" September 1, 2022.",
  "evidencePassage": "this page is out of date. However, some of the content may still be useful, so we have archived the page. Release Date 09/01/2022 U.S. Citizenship and Immigration Services (USCIS) is resuming operations under the Cuban Family Reunification Parole (CFRP) program, beginning with pending CFRP program applications. USCIS has begun to mail interview notices to CFRP program petitioners with instructions for the beneficiary interview. On Aug. 18, USCIS began conducting interviews at the U.S. Embassy Havana. USCIS has limited capacity to conduct interviews at this time, so beneficiaries should not take … , please ensure that both USCIS and the Department of State’s National Visa Center have your current mailing address. To update your address with USCIS, please use our online change of address tool. Contact the National Visa Center by submitting a Public Inquiry Form online. As USCIS resumes CFRP program interviews, we will not email or call you to ask for money or payment of fees. Do not become the victim of an immigration scam. Visit the Avoid Scams page for information and resources. The CFRP program was established in 2007 to provide a safe, orderly pathway to the United States for certain … Cuban beneficiaries of approved family-based immigrant petitions. The program allows certain eligible U.S. citizens and lawful permanent residents who receive an invitation letter to apply for parole for their family members in Cuba. If USCIS approves these family members for parole, they may come to the United States before their immigrant visa priority dates become current. CFRP processing was suspended due to the significant drawdown in U.S. government personnel from U.S. Embassy Havana for security reasons in 2017 and the closure of the USCIS field office in Havana in 2018. Last Reviewed/",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-068e6a9a2a5bf6cf72f7",
  "countryCode": "US",
  "country": "United States",
  "title": "Extension of Temporary Waiver of Form I-693 60-Day Rule for Civil Surgeon Signatures",
  "policyEffect": "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.",
  "operativeDate": "2022-09-29",
  "year": 2022,
  "affectedGroup": "Immigration benefit applicants submitting form i-693 medical examinations",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Health and medical examination requirements",
  "policyTool": "Temporary waiver extension / administrative manual update",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220929-I-693FilingReqt.pdf",
  "preciseCitation": "USCIS Policy Alert PA-2022-22, \"Extension of Temporary Waiver of '60-Day Rule' for Report of Medical Examination and Vaccination Record (Form I-693),\" September 29, 2022.",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 September 29, 2022 PA-2022-22 Policy Alert SUBJECT: Extension of Temporary Waiver of “60-Day Rule” for Report of Medical Examination and Vaccination Record (Form I-693) Purpose U.S. Citizenship and Immigration Services (USCIS) is extending the temporary waiver of the requirement that the civil surgeon’s signature on the Report of Medical Examination and Vaccination Record (Form I-693) be dated no more than 60 days before an applicant files the application for the underlying immigration benefit. Background … related processing delays, USCIS has experienced delays in all aspects of operations. Applicants have also experienced difficulties beyond their control, including delays with completing the immigration medical examination. To address these issues, USCIS announced a temporary waiver of the requirement that the civil surgeon’s signature be dated no more than 60 days before the applicant files the application for the underlying immigration benefit, effective December 9, 2021 until September 30, 2022. 2 USCIS is now extending this temporary waiver through March 31, 2023 to further ease processing delays … for Report of Medical Examination and Vaccination Record (Form I-693), PA-2021-29, issued December 9, 2021. To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. PA-2022-22: Extension of Temporary Waiver of “60-Day Rule” for Report of Medical Examination and Vaccination Record (Form I-693) Page: 2 Policy Highlights • Extends temporary waiver of the “60-day rule” requiring that the civil surgeon’s signature on an otherwise valid Form I-693 be dated no more than 60 days before the applicant files the application for the underlying immigration benefit. Summary of Changes",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-95bddf78b8b979932006",
  "countryCode": "US",
  "country": "United States",
  "title": "President sets FY2023 refugee admissions ceiling at 125,000",
  "policyEffect": "The FY2023 presidential determination authorized up to 125,000 refugee admissions and regional allocation ceilings.",
  "operativeDate": "2022-10-01",
  "year": 2022,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: The FY2023 presidential determination authorized up to 125,000 refugee admissions and regional allocation ceilings.",
  "policyCategory": "Humanitarian",
  "policyTool": "Cap quota",
  "sourceName": "Federal Register 87 FR 60547",
  "sourceUrl": "https://www.federalregister.gov/documents/2022/10/06/2022-21913/presidential-determination-on-refugee-admissions-for-fiscal-year-2023",
  "preciseCitation": "Federal Register 87 FR 60547. President sets FY2023 refugee admissions ceiling at 125,000. Effective 2022-10-01.",
  "evidencePassage": "By the authority vested in me as President by the Constitution and the laws of the United States, in accordance with section 207 of the Immigration and Nationality Act (the ``Act'') (8 U.S.C. 1157), and after appropriate consultations with the Congress, I hereby make the following determinations and authorize the following actions: The admission of up to 125,000 refugees to the United States during Fiscal Year (FY) 2023 is justified by humanitarian concerns or is otherwise in the national interest. The admissions numbers shall be allocated among refugees of special humanitarian concern to the … United States in accordance with the following regional allocations: Africa................................................. 40,000 ...... East Asia.............................................. 15,000 ...... Europe and Central Asia................................ 15,000 ...... Latin America/Caribbean................................ 15,000 ...... Near East/South Asia................................... 35,000 ...... Unallocated Reserve.................................... 5,000 ...... The 5,000 unallocated refugee numbers shall be allocated to regional ceilings, as needed. Upon providing notification",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "recovered-us-naturalization-card-proof-20221212",
  "countryCode": "US",
  "country": "United States",
  "title": "Naturalization receipts extend green-card evidence for 24 months",
  "policyEffect": "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.",
  "operativeDate": "2022-12-12",
  "year": 2022,
  "affectedGroup": "Lawful permanent residents filing form n-400 on or after december 12, 2022",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Status and employment documentation",
  "policyTool": "Evidence of permanent residence",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20221209-ExtendingPRC.pdf",
  "preciseCitation": "POLICY ALERT - Extension of Permanent Resident Card for Naturalization Applicants",
  "evidencePassage": "stamp in their passport as proof of LPR status. USCIS received comments from the public requesting an automatic extension of PRCs due to the current processing times for naturalization. 2 In response to the comments, USCIS is updating language on its Form N-400 receipt Notice of Action (Form I-797) to include an automatic extension of PRCs for 24 months from the “Card Expires” date listed on the PRC and updating the related policy. 3 USCIS further believes that this policy allows greater flexibility and efficiency by reducing the number of ADIT stamp appointments in field offices, reducing the … Petition to Remove Conditions on Residence (Form I-751) or Form I-90. To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. PA-2022-26: Extension of Permanent Resident Card for Naturalization Applicants Page: 2 Presentation of the Form N-400 receipt notice along with the expired PRC is valid, unexpired evidence of LPR status, as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice. This guidance, contained in Volume 12 of … the Policy Manual, is effective December 12, 2022 and applies to all applications filed on or after December 12, 2022. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Explains that, beginning December 12, 2022, a Form N-400 receipt notice provides an automatic 24-month extension of the PRC and serves as valid, unexpired evidence of LPR status, when presented with the LPR’s expired PRC. • Explains that naturalization applicants may not need to file Form I-90 while their Form N-400 is pending as a result of the 24-month e … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 December 9, 2022 PA-2022-26 Policy Alert SUBJECT: Extension of Permanent Resident Card for Naturalization Applicants Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide that USCIS may automatically extend the validity of a Permanent Resident Card (PRC) (Form I-551) through an Application for Naturalization (Form N-400) receipt notice, without regard to whether the applicant has filed an Application to Replace Permanent Resident Card",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-d12c2fc0a1a1e1b58122",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS and DOL add 64,716 H-2B visas for FY2023",
  "policyEffect": "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.",
  "operativeDate": "2022-12-15",
  "year": 2022,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Work",
  "policyTool": "Cap quota",
  "sourceName": "Federal Register 87 FR 76816",
  "sourceUrl": "https://www.federalregister.gov/documents/2022/12/15/2022-27236/exercise-of-time-limited-authority-to-increase-the-numerical-limitation-for-fy-2023-for-the-h-2b",
  "preciseCitation": "Federal Register 87 FR 76816. DHS and DOL add 64,716 H-2B visas for FY2023. Effective 2022-12-15.",
  "evidencePassage": "Homeland Security, following consultation with the Secretary of Labor, is authorizing the release of an additional 64,716 H-2B visas for FY 2023, subject to certain conditions. The 64,716 visas are divided into the following allocations: For the first half of FY 2023: 18,216 immediately available visas limited to returning workers, in other words, those workers who were issued H-2B visas or held H-2B status in fiscal years 2020, 2021, or 2022, regardless of country of nationality. The-se petitions must request employment start dates on or before March 31, 2023; For the early second half of FY 2023 … before the H-2B petition is approved by USCIS. DHS has determined that this temporary final rule clearly fits within categorical exclusion A3(d) because it interprets or amends a regulation without changing its environmental effect. The amendments to 8 CFR part 214 would authorize up to an additional 64,716 visas for noncitizens who may receive H-2B nonimmigrant visas, of which 44,716 are for returning workers (persons issued H-2B visas or were otherwise granted H-2B status in Fiscal Years 2020, 2021, or 2022). The proposed amendments would also facilitate H-2B nonimmigrants to move to new employment",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-c67286dc741c4aea179e",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS finalizes public charge inadmissibility rule",
  "policyEffect": "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.",
  "operativeDate": "2022-12-23",
  "year": 2022,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Residence, family, other",
  "policyTool": "Eligibility",
  "sourceName": "Federal Register 87 FR 55472",
  "sourceUrl": "https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility",
  "preciseCitation": "Federal Register 87 FR 55472. DHS finalizes public charge inadmissibility rule. Effective 2022-12-23.",
  "evidencePassage": "is amending its regulations to prescribe how it determines whether noncitizens are inadmissible to the United States because they are likely at any time to become a public charge. Noncitizens who are applicants for visas, admission, and adjustment of status must establish that they are not likely at any time to become a public charge unless Congress has expressly exempted them from this ground of inadmissibility or has otherwise permitted them to seek a waiver of inadmissibility. Under this rule, DHS would determine that a noncitizen is likely at any time to become a public charge if the noncitizen is likely at any time to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. On August 14, 2019, DHS issued a different rule on this topic, Inadmissibility on Public Charge Grounds Final Rule (2019 Final Rule), which is no longer in effect. This rule implements a different policy than the 2019 Final Rule. DATES: This final rule is effective December 23, 2022. This final rule will apply to applications postmarked on or after the effective … time to become a public charge ( i.e., likely to become primarily dependent on the government for subsistence). The final rule also clarifies the types of public benefits that are considered in public charge inadmissibility determinations. This rule will limit such consideration to public cash assistance for income maintenance and long-term institutionalization at government expense.[562 563] Public cash assistance for income maintenance would include cash assistance provided under TANF, SSI, and general assistance. This is the same list of public benefits that are considered under the 1999 Interim",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-6085e0dd735a3006542273df",
  "countryCode": "US",
  "country": "United States",
  "title": "Employment relief for Haitian F-1 students facing severe economic hardship",
  "policyEffect": "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.",
  "operativeDate": "2023-02-04",
  "year": 2023,
  "affectedGroup": "F-1 nonimmigrant students whose country of citizenship is haiti, regardless of country of birth (or individuals having no nationality who last habitually resided in haiti)",
  "materialConditionsAndExceptions": "Recorded validated scope: F-1 student employment authorization and course load requirements.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2023/01/26/2023-01593/employment-authorization-for-haitian-f-1-nonimmigrant-students-experiencing-severe-economic-hardship",
  "preciseCitation": "",
  "evidencePassage": "Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Haiti AGENCY: U.S. Immigration and Customs Enforcement; Department of Homeland Security. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice announces that the Secretary of Homeland Security (Secretary) is suspending certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Haiti, regardless of country of birth (or individuals having no nationality who last habitually resided in Haiti), and who are experiencing severe economic hardship as a direct result of the current crisis in Haiti. The Secretary is taking action to provide relief to these Haitian students who are in lawful F-1 nonimmigrant student status so the students may request employment authorization on the date of publication of this notice, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 nonimmigrant student status. The U.S. Department of Homeland Security (DHS) will deem an F-1 nonimmigrant student granted employment authorization by means of this notice to be … cfemail=\"c8bbadbeb888a1abade6aca0bbe6afa7be\">[email&#160;protected]</span></a>, telephone: (703) 603-3400. This is not a toll-free number. Program information can be found at <a href=\"https://www.ice.gov/sevis/\">https://www.ice.gov/sevis/</a>. SUPPLEMENTARY INFORMATION: What action is DHS taking under this notice? The Secretary is exercising authority under 8 CFR 214.2(f)(9) to temporarily suspend the applicability of certain requirements governing on-campus and off-campus employment for F-1 nonimmigrant students whose country of citizenship is Haiti, regardless of country of birth (or individuals having no nationality who last habitually resided in Haiti), who are present in the United States in lawful F-1 nonimmigrant student status on the date of publication of this notice, and who are experiencing severe economic hardship as a direct result of the current crisis in Haiti. DHS initially suspended certain regulatory requirements for F-1 nonimmigrant students experiencing severe economic hardship as a direct result of the January 12, 2010, earthquake in Haiti. See 75 FR 56120 (Sep. 15, 2010). The original notice was effective from September 15, 2010, until July 22, 2011. A subsequent … coronavirus\">https://www.ice.gov/coronavirus</a> (last visited Nov. 30, 2022). --------------------------------------------------------------------------- Who is covered by this notice? This notice applies exclusively to F-1 nonimmigrant students who, on the date of publication of this notice, meet all of the following conditions: (1) Are a citizen of Haiti, regardless of country of birth (or an individual having no nationality who last habitually resided in Haiti); (2) Were lawfully present in the United States in F-1 nonimmigrant status under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i); (3) Are currently enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified for enrollment for F-1 nonimmigrant students; (4) Are currently maintaining F-1 nonimmigrant status; and (5) Are experiencing severe economic hardship as a direct result of the current crisis in Haiti. This notice applies to F-1 nonimmigrant students in an approved private school in kindergarten through grade 12, public school grades 9 through 12, and undergraduate and graduate education. An F-1 nonimmigrant [[Page 5017]] student",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-6f11eb3d99857feeb8a2",
  "countryCode": "US",
  "country": "United States",
  "title": "Yemen TPS redesignation expands eligibility",
  "policyEffect": "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.",
  "operativeDate": "2023-03-04",
  "year": 2023,
  "affectedGroup": "Eligible yemeni nationals and stateless persons who last habitually resided in yemen",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Humanitarian, work",
  "policyTool": "Status extension",
  "sourceName": "US Department of Homeland Security / Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2023/01/03/2022-28283.txt",
  "preciseCitation": "Extension and Redesignation of Yemen for Temporary Protected Status",
  "evidencePassage": "Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Notice of Temporary Protected Status (TPS) extension and redesignation. ----------------------------------------------------------------------- SUMMARY: Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Yemen for Temporary Protected Status (TPS) for 18 months, beginning on March 4, 2023, through September 3, 2024. This extension allows existing TPS beneficiaries to retain TPS through September 3, 2024, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through September 3, 2024, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Yemen for TPS. The redesignation of Yemen allows additional Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) who have been continuously residing in the United States since December 29, 2022 to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since December 29, 2022 and meeting other eligibility criteria, initial applicants for TPS under this [[Page 95]] designation must demonstrate that they have been continuously physically present in the United States since March 4, 2023, the effective date of this redesignation of Yemen for TPS. DATES: Extension of Designation of Yemen for TPS: The 18-month designation of Yemen for TPS begins on March 4, 2023, and will remain in effect for 18 months, through September 3, 2024. The extension impacts existing beneficiaries of TPS. Re-registration: The 60-day re-registration period for existing beneficiaries runs from January 3, 2023 through March 6, 2023. (Note: It is important for re-registrants to timely re-register during the registration period and not to wait until their Employment Authorization Documents (EADs) expire, as delaying reregistration could result in gaps in their employment authorization documentation.) Redesignation of Yemen for TPS: The 18-month redesignation of Yemen for TPS begins on March 4",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-0c3140e71b00d6949c31",
  "countryCode": "US",
  "country": "United States",
  "title": "Expansion of Premium Processing to F-1 OPT and STEM OPT Extensions (Phase 1)",
  "policyEffect": "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.",
  "operativeDate": "2023-03-06",
  "year": 2023,
  "affectedGroup": "F-1 students with pending form i-765 for opt / stem opt extensions",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Student / work authorization",
  "policyTool": "Processing time acceleration / administrative fee",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/newsroom/alerts/uscis-announces-premium-processing-for-applicants-filing-form-i-765-for-opt-or-stem-opt-extensions",
  "preciseCitation": "USCIS News Alert, \"USCIS Announces Premium Processing for Applicants Filing Form I-765 for OPT or STEM OPT Extensions.\"",
  "evidencePassage": "Announces Premium Processing; New Online-Filing Procedures for Certain F-1 Students Seeking OPT or STEM OPT Extensions Alert Type warning Archived Content The information on this page is out of date. However, some of the content may still be useful, so we have archived the page. Release Date 03/06/2023 WASHINGTON — U.S. Citizenship and Immigration Services announced today the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions who have a pending Form I-765, Application for Employment Authorization, and wish to request a premium processing upgrade. Online filing of Form I-907, Request for Premium Processing Service, is now also available to F-1 students in these categories. USCIS continues to accept the latest paper version of this form by mail. “The availability of premium processing for certain F-1 students, in addition to the ease of online filing, will streamline the immigration experience for a great many international students,” said USCIS Director Ur M. Jaddou. “The ongoing expansion of online filing is a priority for USCIS as we continue to create operational efficiencies and increase access to the immigration system for stakeholders, applicants, petitioners, requestors, and those we serve.” Premium processing expansion for certain F-1 students will occur in phases, and students requesting premium processing should not file before these dates: Beginning March 6, USCIS will accept Form I-907 requests, filed either via paper form or online, for certain F-1 students who already have a pending Form I-765, Application for Employment Authorization, if they are filing under one of the following categories: (c)(3)(A) – Pre-Completion OPT; (c)(3)(B) – Post-Completion OPT; and (c)(3)(C) – 24-Month Extension of OPT for STEM students. Beginning April 3, USCIS will accept Form I-907 requests, filed either via paper form or online, for F-1 students in the above categories when filed together with Form I-765. USCIS will reject premium processing requests for a pending Form I-765 if received before March 6, and will reject any premium processing request for an initial or concurrently filed Form I-765 that is received before April 3. To file Form I-907 online, an applicant must first create a USCIS online account, which provides",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-5faba8b51b6e294220db517e",
  "countryCode": "US",
  "country": "United States",
  "title": "COVID-era asylum-interview interpreter modification extended through September 12, 2023",
  "policyEffect": "DHS extended through September 12, 2023 the temporary modification of interpreter requirements for affirmative asylum interviews during the COVID-19 pandemic.",
  "operativeDate": "2023-03-16",
  "year": 2023,
  "affectedGroup": "Affirmative asylum applicants",
  "materialConditionsAndExceptions": "Recorded validated scope: 8 CFR Part 208.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2023/03/17/2023-05572/asylum-interview-interpreter-requirement-modification-due-to-covid-19",
  "preciseCitation": "",
  "evidencePassage": "COVID-19 AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Temporary final rule; extension. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security (DHS) is extending, for a fourth time, the effective date (for 180 days) of its temporary final rule that modified certain regulatory requirements to help ensure that USCIS may continue with affirmative asylum adjudications during the COVID-19 pandemic. DATES: This temporary final rule is effective from March 16, 2023 through September … 12, 2023. As of March 16, 2023, the expiration date of the temporary final rule published at 85 FR 59655 (Sept. 23, 2020), which was extended at 86 FR 15072 (Mar. 22, 2021), at 86 FR 51781 (Sept. 17, 2021), and at 87 FR 14757 (Mar. 16, 2022), is further extended from March 16, 2023 through September 12, 2023. FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason, Chief, Division of Humanitarian Affairs, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 5900 Capital Gateway Drive, Camp Springs, MD 20588-0009; telephone (240) 721-3000 … the reasons set forth in the preamble, the Secretary of Homeland Security amends 8 CFR part 208 as follows: PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL 0 1. The authority citation for part 208 continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1158, 1226, 1252, 1282; Title VII of Pub. L. 110-229; 8 CFR part 2; Pub. L. 115-218. 0 2. Effective from March 16, 2023 through September 12, 2023, amend Sec. 208.9 by revising paragraph (h) introductory text to read as follows: Sec. 208.9 Procedure for interview before an asylum officer. * * * * * (h) Asylum applicant interpreters. For asylum interviews conducted between March 16, 2023, through September 12, 2023: * * * * * Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security. [FR Doc. 2023-05572 Filed 3-15-23; 11:15 am] BILLING CODE 9111-97-P",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-93a12868f0b768a1b203",
  "countryCode": "US",
  "country": "United States",
  "title": "USCIS and State Department enhance Central American Minors Program",
  "policyEffect": "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.",
  "operativeDate": "2023-04-11",
  "year": 2023,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Humanitarian, family",
  "policyTool": "Entry exit",
  "sourceName": "Federal Register 88 FR 21694",
  "sourceUrl": "https://www.federalregister.gov/documents/2023/04/11/2023-07592/bureau-of-population-refugees-and-migration-central-american-minors-program",
  "preciseCitation": "Federal Register 88 FR 21694. USCIS and State Department enhance Central American Minors Program. Effective 2023-04-11.",
  "evidencePassage": "STATE [CIS No. 2724-22; DHS Docket No. USCIS-2022-0009] RIN 1615-ZB98 Bureau of Population, Refugees, and Migration; Central American Minors Program AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security; Bureau of Population, Refugees, and Migration, Department of State. ACTION: Notice of enhancements to the Central American Minors Program. ----------------------------------------------------------------------- SUMMARY: This notice announces enhancements to the Central American Minors (CAM) Program by, among other things, updating certain eligibility criteria for program … announced the second phase of the CAM Program reopening, which included extended eligibility to request access to the CAM Program as an additional part of a ``multi- pronged approach to address the challenges of irregular migration throughout North and Central America.'' \\62\\ Eligibility for completing AORs to request access to USRAP for their qualifying children was extended to parents or legal guardians with pending asylum applications or who were victims of crime with pending U visa petitions,\\63\\ filed before May 15, 2021. This eligibility date was established as a cutoff to prevent frivolous filings solely for the purpose of gaining access to the CAM Program. This date will be updated to extend eligibility to qualifying parents and legal guardians with pending applications for asylum or U visa petitions filed on or before April 11, 2023. Additionally, requestor eligibility will now extend to parents or legal guardians with pending applications for T nonimmigrant status \\64\\ filed on or before April 11, 2023. New applications consistent with these new dates and categories of eligibility are contingent upon the approval of an updated Form DS-7699. --------------------------------------",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-51ae9709cdecdccc77c4",
  "countryCode": "US",
  "country": "United States",
  "title": "Circumvention of Lawful Pathways (Joint DHS/DOJ Final Rule)",
  "policyEffect": "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.",
  "operativeDate": "2023-05-11",
  "year": 2023,
  "affectedGroup": "Asylum seekers / irregular border crossers",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Asylum / border enforcement",
  "policyTool": "Presumption of asylum ineligibility / transit ban condition",
  "sourceName": "Federal Register (Department of Homeland Security / Department of Justice)",
  "sourceUrl": "https://www.federalregister.gov/documents/2023/05/16/2023-10146/circumvention-of-lawful-pathways",
  "preciseCitation": "88 FR 31314; Federal Register 88 FR 31314. DHS and DOJ finalize Circumvention of Lawful Pathways asylum rule. Effective 2023-05-11.; 88 FR 31314 (May 16, 2023)",
  "evidencePassage": "(“DHS”) and the Department of Justice (“DOJ”) are issuing a final rule in anticipation of a potential surge of migration at the southwest border (“SWB”) of the United States following the termination of the Centers for Disease Control and Prevention's (“CDC”) public health Order. The rule encourages migrants to avail themselves of lawful, safe, and orderly pathways into the United States, or otherwise to seek asylum or other protection in another country through which they travel, thereby reducing reliance on human smuggling networks that exploit migrants for financial gain. The rule does so by introducing a rebuttable presumption of asylum ineligibility for certain noncitizens who neither avail themselves of a lawful, safe, and orderly pathway to the United States nor seek asylum or other protection in a country through which they travel. In the absence of such a measure, which would apply only to those who enter at the southwest land border or adjacent coastal borders during a limited, specified date range, the number of migrants expected to travel without authorization to the United States would be expected to increase significantly, to a level that risks undermining the Departments … citation-208.33) Lawful pathways condition on asylum eligibility. Notwithstanding any contrary section of this part, including §§ 208.2, 208.13, and 208.30— (a) *Condition on eligibility.* (1) *Applicability.* A rebuttable presumption of ineligibility for asylum applies to an alien who enters the United States from Mexico at the southwest land border or adjacent coastal borders without documents sufficient for lawful admission as described in section 212(a)(7) of the Act and whose entry was: (i) Between May 11, 2023, and May 11, 2025, (ii) Subsequent to the end of implementation of the Title 42 … Eligibility for Certain Aliens Who Entered Between May 11, 2023, and May 11, 2025 [§ 1208.33](#sectno-citation-1208.33) Lawful pathways condition on asylum eligibility. Notwithstanding any contrary section of this part, including §§ 1208.2, 1208.13, and 1208.30— (a) *Condition on eligibility.* (1) *Applicability.* A rebuttable presumption of ineligibility for asylum applies to an alien who enters the United States from Mexico at the southwest land border or adjacent coastal borders without documents sufficient for lawful admission as described in section 212(a)(7) of the Act and whose entry was: (i) Between",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-78196253379e3fe979462fb8",
  "countryCode": "US",
  "country": "United States",
  "title": "Implementation of a family reunification parole process (FRP) for Salvadorans.",
  "policyEffect": "Implementation of a family reunification parole process (FRP) for Salvadorans.",
  "operativeDate": "2023-07-10",
  "year": 2023,
  "affectedGroup": "Salvadoran principal beneficiaries of an approved form i-130, petition for alien relative, and their immediate family members",
  "materialConditionsAndExceptions": "Recorded validated scope: Family reunification parole process.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2023/07/10/2023-14475/implementation-of-a-family-reunification-parole-process-for-salvadorans",
  "preciseCitation": "",
  "evidencePassage": "Reunification Parole Process for Salvadorans. ----------------------------------------------------------------------- SUMMARY: This notice announces the U.S. Department of Homeland Security's (DHS) creation and implementation of a family reunification parole process (FRP) for Salvadorans. Under this process, certain Salvadoran principal beneficiaries of an approved Form I-130, Petition for Alien Relative, and their immediate family members, will be issued advance authorization to travel to the United States to seek a discretionary grant of parole into the United States for a period of up to three years, rather than remain outside the United States while awaiting availability of their immigrant visas. This process will allow family members to reunite in the United States while they wait for their immigrant visas to become available. This process is voluntary and intended to provide an additional lawful, safe, and orderly avenue for migration from El Salvador to the United States as an alternative to irregular migration to help relieve pressure at the Southwest Border (SWB) and reunite families, consistent with U.S. national security interests and foreign policy priorities. The process complements … States to seek parole at an interior POE. Individuals who are eligible to be considered for parole under this process include nationals of El Salvador who are beneficiaries of an approved Form I-130 family-based immigrant petition, as well as their immediate family members, who are outside the United States and who have not yet received an immigrant visa. Like the CFRP and HFRP processes, this process requires that the Form I-130 petitioner first receive an invitation to request consideration for advance authorization to travel and parole on behalf of the Salvadoran principal beneficiary of the … approved Form I-130 and the principal beneficiary's immediate family members. As in the CFRP and HFRP processes, this invitation requirement will allow DHS to adjust the number of invitations issued based on the resources available to process requests and to achieve desired policy objectives. If issued advance authorization to travel, the beneficiary will be permitted to travel to the United States to be considered for a discretionary grant of parole on a case-by-case basis at an interior POE. Noncitizens paroled into the United States under this FRP process will generally be paroled for up to three years, consistent with the HFRP process. If granted parole into the United States, parolees will be able to request employment authorization while they wait for their immigrant visa to become available and to apply for adjustment of status to that of an LPR once an immigrant visa becomes available to them. As with the CFRP and HFRP processes, under this FRP process for Salvadorans, parole will only be authorized on a discretionary, case- by-case, and temporary basis upon a demonstration of urgent humanitarian reasons or significant public benefit, as well as a demonstration that the beneficiary",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-b8375ce7d379cce6e482",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS authorizes optional remote Form I-9 document examination for E-Verify employers",
  "policyEffect": "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.",
  "operativeDate": "2023-08-01",
  "year": 2023,
  "affectedGroup": "Qualified employers who are participants in good standing in e-verify and their newly hired or reverified employees completing form i-9",
  "materialConditionsAndExceptions": "Validated condition or limit: 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…",
  "policyCategory": "Work, other",
  "policyTool": "Processing",
  "sourceName": "Immigration New Zealand",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2023-07-25/html/2023-15533.htm",
  "preciseCitation": "DHS optional alternative FormI-9 document examination procedure, FR2023-15533,88FR47749,25July2023; operative1August2023. Full original text including footnotes retained.",
  "evidencePassage": "Federal Register, Volume 88 Issue 141 (Tuesday, July 25, 2023) [Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)] [Rules and Regulations] [Pages 47749-47754] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2023-15533] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 274a [DHS Docket No. ICEB-2021-0010] RIN 1653-AA86 Optional Alternative 1 to the Physical Document Examination Associated With Employment Eligibility Verification (Form I-9) AGENCY: U.S. Immigration and Customs Enforcement, Department of Homeland Security. ACTION: Authorization of alternative procedure. ----------------------------------------------------------------------- SUMMARY: U.S. Immigration and Customs Enforcement is announcing the authorization of an optional alternative procedure to the in-person physical examination of the documentation presented by individuals seeking to establish identity and employment authorization for the purpose of completing the Form I-9, Employment Eligibility Verification (Form I-9). DATES: The alternative procedure is available beginning on August 1, 2023. FOR FURTHER INFORMATION CONTACT: Sharon Hageman, Deputy Assistant Director, Office of Regulatory Affairs and Policy, U.S. Immigration and Customs Enforcement, Department of Homeland Security, 500 12th Street SW, Washington, DC 20536. Telephone 202-732-6960 (not a toll-free number). SUPPLEMENTARY INFORMATION: I. Background and Purpose A. Final Rule This action accompanies a DHS final rule, Optional Alternatives to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9), that appears in this edition of the Federal Register. Under the rule, the Secretary of Homeland Security (the Secretary) may, as an optional alternative to the in- person physical document examination (physical examination) method employers have followed as part of the Form I-9 process set forth in current regulations, authorize alternative documentation examination procedures. [[Page 47750]] The Secretary may authorize alternative documentation examination procedures with respect to some or all employers as part of a pilot program, or upon a determination that such procedures offer an equivalent level of security, or as a temporary measure to address a public health emergency declared by the Secretary of Health and Human Services (pursuant to Section 319 of the Public Health Service Act) or a national emergency declared by the President (pursuant to Sections 201 and 301 of the National Emergencies Act). Consistent with that rule and following consideration of the public comments received on the notice of proposed rulemaking (NPRM) that preceded issuance of the final rule, this notice introduces the parameters of an alternative procedure to complete the Form I-9.\\1\\ … \\1\\ This notice incorporates the statement of basis and purpose and discussion of public comments contained in the accompanying rule. --------------------------------------------------------------------------- B. Form I-9 Physical Examination Requirements Separate from the Form I-9 flexibilities that were announced by DHS during the COVID-19 national emergency,\\2\\ current regulations for the Form I-9 require that, within three business days after the first day of employment (i.e., the first day of work in exchange for wages or other remuneration), employers must physically examine the documentation presented by new employees from the Lists of Acceptable Documents (``Form I-9 documents''),\\3\\ or an acceptable receipt,\\4\\ to ensure that the documentation presented reasonably appears to be genuine and to relate to the individual who presents it. See 8 CFR 274a.2(b)(1)(ii)(A), (b)(1)(vi). Employers must then complete Section 2, ``Employer Review and Verification,'' of the Form I-9. See 8 CFR 274a.2(b)(1)(ii)(B). If reverification is required, the employee or referred individual must present a document that shows continued employment authorization or a new grant of employment authorization. See 8 CFR 274a.2(b)(1)(vii). If the employer rehires an individual for whom it previously completed the Form I-9 and complied with the corresponding verification requirements, the employer may inspect the original Form I-9. See 8 CFR 274a.2(c). If the rehired employee's employment authorization, as noted on the original Form I-9, is expired when the individual is rehired, the employer must conduct reverification. See 8 CFR 274a.2(c). Employers cannot discriminate against employees based on citizenship, immigration status, or national origin during the Form I-9 process. See, e.g., 8 U.S.C. 1324b. --------------------------------------------------------------------------- \\2\\ The last announcement, issued on October 11, 2022, extended the Form I-9 flexibilities first announced in March 2020 until July 31, 2023. \\3\\ The Lists of Acceptable Documents is part of Form I-9 at https://www.uscis.gov/sites/default/files/document/forms/i-9-paper-version.pdf (last visited on June 1, 2023). \\4\\ Occasionally, employees may present a ``receipt'' in place of a List A, B, or C document. An acceptable receipt is valid for a specified period of time so an employer can complete the Form I-9. Employers cannot accept receipts if employment will last less than three days. An acceptable receipt may be a receipt for the application to replace a List A, B, or C document that was lost, stolen, or damaged; the arrival portion of Form I-94 (Arrival/ Departure Record) with a temporary Form I-551 stamp and a photograph of the individual; the departure portion of Form I-94 (Arrival/ Departure Record) with an unexpired refugee admission stamp; or an admission code of ``RE.'' See USCIS, Handbook for Employers, M-274, available at https://www.uscis.g",
  "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-d3e6e99a8884e696f504",
  "countryCode": "US",
  "country": "United States",
  "title": "CSPA \"Sought to Acquire\" Requirement Policy Clarification on Extraordinary Circumstance Excusal",
  "policyEffect": "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.",
  "operativeDate": "2023-08-24",
  "year": 2023,
  "affectedGroup": "Derivative child adjustment applicants affected by visa availability shifts",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Legal status / child status protection act (cspa) / adjustment of status",
  "policyTool": "Policy excusal / administrative flexibility",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230824-CSPA.pdf",
  "preciseCitation": "U.S. Citizenship and Immigration Services, Policy Alert PA-2023-24, \"Sought to Acquire Requirement Under the Child Status Protection Act\" (August 24, 2023).",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 August 24, 2023 PA-2023-24 Policy Alert SUBJECT: Sought to Acquire Requirement Under the Child Status Protection Act Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that USCIS considers the recent February 14, 2023, policy change to be an extraordinary circumstance that may excuse the “sought to acquire” requirement under the Child Status Protection Act (CSPA) in particular situations. 1 Background The CSPA protects certain beneficiaries … new policy. To address these issues, USCIS is updating policy guidance to clarify that USCIS considers the February 14, 2023, policy change to be an extraordinary circumstance that may excuse an applicant’s failure to meet the “sought to acquire” requirement provided that the delay in filing the adjustment of status application is reasonable under the circumstances. The reasonableness of the delay is determined from August 24, 2023, the date USCIS is publishing this policy considering the February 14, 2023, policy change to be an extraordinary circumstance. This guidance, contained in Volume … 7 of the Policy Manual, is effective immediately and applies to adjustment of status applications adjudicated by USCIS on or after August 24, 2023. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Clarifies that USCIS may excuse an applicant’s failure to satisfy the “sought to acquire” requirement in cases where the applicant did not file their adjustment application because USCIS could not calculate their CSPA age or would have calculated their CSPA age to be over 21 years old under the prior policy, but they are now eligible for CSPA age-out protection under the new policy. 7 • Clarifies that USCIS considers applicants whose adjustment of status applications were pending on February 14, 2023, to have satisfied the “sought to acquire” requirement if the applicant had applied for adjustment of status within 1 year of visa availability under the policy guidance in effect at the time of filing. Summary of Changes 6 See Volume 7, Adjustment of Status, Part A, Adjustment of Status Policies and Procedures, Chapter 7, Child Status Protection Act, Section F, Family and Employment-Based Preference and Diversity",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-5644aac550fe71beb563",
  "countryCode": "US",
  "country": "United States",
  "title": "Clarification of Evidentiary Evaluation for EB-1 Extraordinary Ability (E11) and Outstanding Professors/Researchers (E12)",
  "policyEffect": "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.",
  "operativeDate": "2023-09-12",
  "year": 2023,
  "affectedGroup": "Extraordinary ability individuals and outstanding academic researchers",
  "materialConditionsAndExceptions": "",
  "policyCategory": "High-skilled migration / first preference employment-based (eb-1)",
  "policyTool": "Evidentiary guidance / standardization",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230912-ExtraordinaryAbilityOutstandingProfessor.pdf",
  "preciseCitation": "U.S. Citizenship and Immigration Services, Policy Alert PA-2023-26, \"Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications\" (September 12, 2023).",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 September 12, 2023 PA-2023-26 Policy Alert SUBJECT: Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS evaluates evidence to determine eligibility for extraordinary ability and outstanding professor or researcher first preference employment-based immigrant visa classifications. 1 Background Persons with extraordinary … update provides additional guidance regarding the evaluation of evidence submitted in support of E11 extraordinary ability and E12 outstanding professor or researcher petitions. Among other revisions, this update incorporates more detailed guidance and examples, similar to previously- issued nonimmigrant guidance for O-1A nonimmigrants of extraordinary ability. 2 This guidance, contained in Volume 6 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Adds clarifying guidance describing examples of evidence that may satisfy the relevant evidentiary criteria or qualify as comparable evidence, as well as considerations for evaluating 1 See INA 203(b)(1)(A)-(B). See 8 CFR 204.5(h)-(i). 2 See O-1 Nonimmigrant Status for Persons of Extraordinary Ability or Achievement, PA-2022-03, issued January 21, 2022. To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. PA-2023-26: Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications Page: 2 such evidence, with a focus on science, technology, engineering, or mathematics (STEM) fields. • Clarifies how officers evaluate the totality of the evidence to determine eligibility for E11 extraordinary ability and E12 outstanding professor or researcher petitions and provides examples of positive factors that officers may consider. Summary of Changes Affected Section: Volume 6 > Part F > Chapter 2 > Section B, Evidence of Extraordinary Ability • Revises Section B throughout, including incorporating content from Appendix: Extraordinary Ability Petitions – First Step of Reviewing Evidence and reorganizing and revising content. Affected Section",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-ce36aa934bf35f0bcbb1",
  "countryCode": "US",
  "country": "United States",
  "title": "Extension of Maximum Validity Period to 5 Years for Certain Employment Authorization Documents (EADs)",
  "policyEffect": "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.",
  "operativeDate": "2023-09-27",
  "year": 2023,
  "affectedGroup": "Asylees, refugees, adjustment of status applicants, and withholding recipients",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Employment authorization / administrative work permits",
  "policyTool": "Rule change / validity extension",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230927-EmploymentAuthorizationValidity.pdf",
  "preciseCitation": "U.S. Citizenship and Immigration Services, Policy Alert PA-2023-27, \"Employment Authorization Document Validity Period for Certain Categories\" (September 27, 2023).",
  "evidencePassage": "with pending applications for adjustment of status under INA 245; and a maximum 1-year validity period for noncitizens paroled as refugees and noncitizens seeking suspension of deportation or cancellation of removal. In the interest of reducing the burden on both USCIS and the public, USCIS is revising its guidelines to increase the maximum EAD validity periods for these categories up to 5 years. This update addresses certain EAD-related stakeholder feedback USCIS received in response to a Request for Public Input (RPI). 5 Specifically, the RPI feedback suggested increasing maximum EAD validity … period for initial and renewal EADs from 2 years to 5 years for those admitted as refugees, 7 granted asylum, 8 and granted withholding of deportation or removal. 9 • Updates the maximum validity period for initial and renewal EADs from 2 years to 5 years for those with pending applications for asylum or withholding of removal 10 and those with pending applications for adjustment of status under INA 245. 11 5 See 86 FR 20398 (Apr. 19, 2021). 6 EADs issued before that date are not affected. USCIS will continue to issue replacement EADs with the same validity periods as the original EAD. Applicants file for a replacement EAD if their card has been lost, stolen, mutilated, or when the previously issued card contains erroneous information, such as a misspelled name. 7 See 8 CFR 274.12(a)(3). 8 See 8 CFR 274.12(a)(5). 9 See 8 CFR 274.12(a)(10). 10 See 8 CFR 274a.12(c)(8). 11 See 8 CFR 274a.12(c)(9). PA-2023-27: Employment Authorization Document Validity Period for Certain Categories Page: 3 • Updates the maximum validity period for initial and renewal EADs from 1 year to 5 years for those with pending applications for suspension of deportation or cancellation of removal. 12 • Updates the",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-5831e7fb1ef6ec3a9ea8",
  "countryCode": "US",
  "country": "United States",
  "title": "State Department reverts visa public charge regulations from 2019 IFR",
  "policyEffect": "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.",
  "operativeDate": "2023-10-05",
  "year": 2023,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Family, residence, visitor, study, work, other",
  "policyTool": "Eligibility",
  "sourceName": "Federal Register 88 FR 60578",
  "sourceUrl": "https://www.federalregister.gov/documents/2023/09/05/2023-19047/visas-ineligibility-based-on-public-charge",
  "preciseCitation": "Federal Register 88 FR 60578. State Department reverts visa public charge regulations from 2019 IFR. Effective 2023-10-05.",
  "evidencePassage": "Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of State 22 CFR Part 40 [Public Notice: 11921] RIN 1400-AE87 ( printed page 60574) AGENCY: Department of State. ACTION: Final rule. SUMMARY: The Department of State (“Department”) has decided not to finalize the regulatory amendments made by the 2019 interim final rule entitled “Visas: Ineligibility Based on Public Charge Grounds” published in the Federal Register on October 11, 2019 (“2019 IFR”). The 2019 IFR implemented such amendments based on an intention to more closely align with the standards then applied by the U.S. Department of Homeland Security (“DHS”) to determine inadmissibility on public charge grounds. In 2022, DHS published a new Final Rule (“2022 DHS Final Rule”). As such, the 2019 IFR no longer meets the policy aim of consistency with DHS standards. In declining to finalize the regulatory amendments made by the 2019 IFR, the Department will instead revert to regulatory text that was in place prior to the publication of the 2019 IFR and will continue to apply the guidance set out in the Foreign Affairs Manual (“FAM”). This regulatory text, together … and (2) if so, what final rule should be adopted regarding visa ineligibility on public charge grounds. As detailed below, following receipt of a range of public comments in response to the 2019 IFR and the 2021 Public Comment Reopening, the Department has decided not to finalize the regulatory amendments made by the 2019 IFR. Instead, the Department is removing from 22 CFR 40.41 the regulations promulgated in the 2019 IFR and restoring the regulatory text as it appeared prior to the issuance of the 2019 IFR (“Prior Rule”).[14] The Prior Rule was published in 1997, and, with non-substantive changes … the public charge ground of inadmissibility that existed prior to the 2019 IFR, this final rule removes the amendments to the regulation made by the 2019 IFR and restores the regulatory text of the Prior Rule. The Department finds, following its review of the public comments and the changes in circumstances following publication of the 2019 IFR, that the Department's policy of ensuring consistency with DHS no longer supports the 2019 IFR and that the Department should conduct further notice-and-comment rulemaking in light of the 2022 DHS Final Rule. The Public Comment Reopening solicited comments",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-cb46743e4e34b26a7567",
  "countryCode": "US",
  "country": "United States",
  "title": "Ukraine TPS redesignation expands eligibility",
  "policyEffect": "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.",
  "operativeDate": "2023-10-20",
  "year": 2023,
  "affectedGroup": "Eligible ukrainian nationals and stateless persons who last habitually resided in ukraine",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Humanitarian, work",
  "policyTool": "Status extension",
  "sourceName": "US Department of Homeland Security / Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2023/08/21/2023-17875.txt",
  "preciseCitation": "Extension and Redesignation of Ukraine for Temporary Protected Status",
  "evidencePassage": "Ukraine for Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Notice of Temporary Protected Status (TPS) extension and redesignation. ----------------------------------------------------------------------- SUMMARY: Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Ukraine for Temporary Protected Status (TPS) for 18 months, beginning on October 20, 2023, and ending on April 19, 2025. This extension allows existing TPS beneficiaries to retain TPS through April 19, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through April 19, 2025, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Ukraine for TPS. The redesignation of Ukraine allows additional Ukrainian nationals (and individuals having no nationality who last habitually resided in Ukraine) who have been continuously residing in the United States since August 16, 2023, to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since August 16, 2023, and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since October 20, 2023, the effective date of this redesignation of Ukraine for TPS. DATES: Extension of Designation of Ukraine for TPS: The 18-month designation of Ukraine for TPS begins on October 20, … Ukraine (or individuals having no nationality who last habitually resided in Ukraine) to (1) re-register for TPS and to apply for renewal of their EADs with USCIS or (2) submit an initial registration application under the redesignation and apply for an EAD. Re-registration is limited to individuals who have previously registered for TPS under the prior designation of Ukraine and whose applications have been granted. Failure to re-register properly within the 60-day re-registration period may result in the withdrawal of your TPS following appropriate procedures. See 8 CFR 244.14. For individuals who",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "repair-fcp-0048f71a78fc5ef478f4",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS implements Ecuadorian family reunification parole process",
  "policyEffect": "DHS implemented a family reunification parole process for certain Ecuadorian beneficiaries of approved family-based immigrant visa petitions.",
  "operativeDate": "2023-11-16",
  "year": 2023,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Family, residence, humanitarian",
  "policyTool": "Entry exit",
  "sourceName": "Federal Register 88 FR 78769",
  "sourceUrl": "https://www.federalregister.gov/documents/2023/11/16/2023-25313/implementation-of-a-family-reunification-parole-process-for-ecuadorians",
  "preciseCitation": "Federal Register 88 FR 78769. DHS implements Ecuadorian family reunification parole process. Effective 2023-11-17.",
  "evidencePassage": "ns AGENCY: Department of Homeland Security. ACTION: Notice of implementation of a family reunification parole process for Ecuadorians. ----------------------------------------------------------------------- SUMMARY: This notice announces the U.S. Department of Homeland Security's (DHS) creation and implementation of a family reunification parole (FRP) process for Ecuadorians. Under this process, certain Ecuadorian principal beneficiaries of an approved Form I-130, Petition for Alien Relative, and their immediate family members, will be issued advance authorization to travel to the United State … s to seek a discretionary grant of parole into the United States for a period of up to three years, rather than remain outside the United States while awaiting availability of their immigrant visas. This process will allow family members to reunite in the United States while they wait for their immigrant visas to become available. This process is voluntary and intended to provide an additional lawful, safe, and orderly avenue for migration from Ecuador to the United States as an alternative to irregular migration to help relieve pressure at the Southwest Border (SWB) and to reunite families, c … he beneficiary will no longer be eligible for an immigrant visa. DHS will make these determinations on a case-by-case basis and will provide a written notice. --------------------------------------------------------------------------- B. Beneficiaries A beneficiary is a national of Ecuador (or their immediate family member of any nationality) who is outside the United States and who may be considered for a discretionary grant of parole under this FRP process. To be considered for a discretionary issuance of advance authorization to travel to the United States to seek a discretionary grant of p … arole at the POE under this process, a beneficiary must: <bullet> Be outside the United States; <bullet> Be the principal beneficiary (or a derivative beneficiary spouse or child) \\65\\ of an approved Form I-130, Petition for Alien Relative; --------------------------------------------------------------------------- \\65\\ See INA sec. 203(d), 8 U.S.C. 1153(d); see also INA sec. 101(b)(1), 8 U.S.C. 1101(b)(1) (defining ``child,'' in general, as meaning ``an unmarried person under twenty-one years of age''). If a principal beneficiary married or had a child after USCIS approved the underlying Form … onsistent with U.S. national security interests and foreign policy priorities. The process complements other efforts to collaboratively manage migration in the Western Hemisphere and at the SWB as the U.S. Government (USG) continues to implement its broader, multi-pronged, regional strategy to address the challenges posed by irregular migration. DATES: DHS will begin using the Form I-134A, Online Request to be a [[Page 78763]] Supporter and Declaration of Financial Support, for this process on November 16, 2023. FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason, Chief, Humanitarian Aff",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-b04897bc279713db60a0",
  "countryCode": "US",
  "country": "United States",
  "title": "Afghanistan TPS redesignation expands eligibility",
  "policyEffect": "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.",
  "operativeDate": "2023-11-21",
  "year": 2023,
  "affectedGroup": "Eligible afghan nationals and stateless persons who last habitually resided in afghanistan",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Humanitarian, work",
  "policyTool": "Status extension",
  "sourceName": "US Department of Homeland Security / Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2023/09/25/2023-20791.txt",
  "preciseCitation": "Extension and Redesignation of Afghanistan for Temporary Protected Status",
  "evidencePassage": "of Afghanistan for Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Notice of Temporary Protected Status (TPS) extension and redesignation. ----------------------------------------------------------------------- SUMMARY: Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months, beginning on November 21, 2023, and ending on May 20, 2025. This extension … allows existing TPS beneficiaries to retain TPS through May 20, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through May 20, 2025, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Afghanistan for TPS. The redesignation of Afghanistan allows additional Afghan nationals (and individuals having no nationality who last habitually resided in Afghanistan) who have been continuously residing in the United States since September 20, … 2023, to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since September 20, 2023, and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since November 21, 2023, the effective date of this redesignation of Afghanistan for TPS. DATES: Extension of Designation of Afghanistan for TPS: The 18-month designation of Afghanistan",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-f3dcc2e4c00d882c7e04",
  "countryCode": "US",
  "country": "United States",
  "title": "Clarification on Immigrant Intent and Employment Rules for F and M Nonimmigrant Students",
  "policyEffect": "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.",
  "operativeDate": "2023-12-20",
  "year": 2023,
  "affectedGroup": "F and m students",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Study, work",
  "policyTool": "Eligibility",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://uscis.gov/sites/default/files/document/policy-manual-updates/20231220-NonimmigrantStudents.pdf",
  "preciseCitation": "U.S. Citizenship and Immigration Services, Policy Alert PA-2023-34, Nonimmigrant Student Classifications (Dec. 20, 2023)",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 December 20, 2023 PA-2023-34 Policy Alert SUBJECT: Nonimmigrant Student Classifications Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the nonimmigrant student (F and M) classifications, including USCIS’ role in the adjudication of applications for employment authorization and change or reinstatement of status to F or M classifications. Background The F and M nonimmigrant categories are for noncitizens who wish to study in the … adjudicates applications for employment authorization, changes of status, extensions of stay, and reinstatement of status for F and M students and their dependents in the United States. This guidance, contained in Volume 2 of the Policy Manual, is effective immediately and applies prospectively to applications filed on or after December 20, 2023. Effective immediately, the guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Provides general information about the nonimmigrant student (F and M) classifications and explains USCIS’ role in adjudicating applications for employment authorization, changes of status, extension of stay, and reinstatement of status for F and M students and their dependents in the United States. 1 See INA 101(a)(15)(f). 2 See INA 101(a)(15)(m). See 22 CFR 41.61(b)(1). To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. PA-2023-34: Nonimmigrant Student Classifications Page: 2 • Explains that F and M students must have a foreign residence that they have no intention of abandoning, but that F and M students may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay. Summary of Changes Affected Section: Volume 2 > Part F, Students (F, M) • In Chapter 1 (Purpose and Background), adds content to previously reserved Section B (Background). • Adds new Chapters 2, 3, 4, 5, 7, 9, and an appendix. • Revises Chapter 6 (Employment) in its entirety. Affected Section: Volume 2 > Part F > Chapter 8, Change of Status • Retitles Chapter 8 from (Change of Status) to “Change of Status, Extension of Stay, Length of Stay.” • In Section A (General",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-0cc42c861792083c0f10",
  "countryCode": "US",
  "country": "United States",
  "title": "USCIS Policy Update on Untimely Filed Requests for Extension of Stay and Change of Status",
  "policyEffect": "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).",
  "operativeDate": "2024-01-24",
  "year": 2024,
  "affectedGroup": "Nonimmigrants seeking extension of stay or change of status",
  "materialConditionsAndExceptions": "Validated condition or limit: 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).",
  "policyCategory": "Legal status / non-immigrant status",
  "policyTool": "Administrative discretion / procedural flexibility",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20240124-UntimelyFiledRequests.pdf",
  "preciseCitation": "USCIS Policy Alert PA-2024-02, \"Untimely Filed Requests for Extension of Stay and Change of Status\", January 24, 2024.",
  "evidencePassage": "U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 January 24, 2024 PA-2024-02 Policy Alert SUBJECT: Untimely Filed Extensions of Stay and Change of Status Requests Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address when USCIS may, in its discretion, excuse untimely filed extensions of stay and change of status requests. Background Generally, certain nonimmigrants present in the United States admitted for a specified period of time, or their petitioners, may request an extension of … , however, USCIS, in its discretion, may excuse the failure to file before the period of authorized status expired. This guidance, contained in Volume 2 of the Policy Manual, is effective immediately and applies prospectively to applications or petitions filed on or after that date. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Provides that USCIS, in its discretion and under certain conditions, may excuse the failure to timely file extensions of stay and change of status requests if the delay was due to extraordinary circumstances beyond the control of the person. • Clarifies that extraordinary circumstances may include but are not limited to: where the delay was due to a slowdown or stoppage of work involving a strike, lockout, or other labor dispute; 1 See 8 CFR 214.1(a). See 8 CFR 214.1(c) for general requirements, such as those relating to passport validity and waivers of inadmissibility for an extension of stay. 2 See INA 248. See 8 CFR 248. 3 See 8 CFR 214.1(c)(4) and 8 CFR 248.1(b). To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. PA-2024-02: Untimely Filed Extensions of Stay and Change of Status Requests Page: 2 or where the primary reason for the late filing is due to a lapse in government funding supporting those adjudications. Summary of Changes Affected Section: Volume 2 > Part A > Chapter 4 > Section A, Extension of Stay or Change of Status • Adds a new italicized subsection “Requirements to Timely File a Request to Extend Stay or Change Status.” USCIS may also make other minor technical, stylistic, and conforming changes consistent with this update. Citation Volume 2: Nonimmigrants, Part A, Nonimmigrant Policies and Procedures, Chapter",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-5bc0a142da5078001250",
  "countryCode": "US",
  "country": "United States",
  "title": "State Department announces domestic H-1B visa renewal pilot",
  "policyEffect": "The State Department announced a pilot program to resume domestic visa renewal for certain qualified H-1B nonimmigrant visa applicants.",
  "operativeDate": "2024-01-29",
  "year": 2024,
  "affectedGroup": "Current holders",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Work",
  "policyTool": "Processing",
  "sourceName": "Federal Register 88 FR 88290",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2023-12-21/pdf/2023-28160.pdf",
  "preciseCitation": "Federal Register 88 FR 88290. State Department announces domestic H-1B visa renewal pilot. Effective 2024-01-29.; 88 FR 88290 (December 21, 2023).; 88 FR 88290, \"Pilot Program To Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens\", Public Notice 12285.",
  "evidencePassage": "Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices 88467 SUPPLEMENTARY INFORMATION: None. DEPARTMENT OF STATE renewal of visas within the United States. Do not submit case inquiries, Matthew Ramsey, [Public Notice: 12235] case numbers, bar code numbers, or Executive Director, Office of Privacy and RIN 1400–AF79 photographs from any vias application. Disclosure, Office of the General Counsel. The Department does not intend to Pilot Program To Resume Renewal of address comments as part of this pilot, Participating Agencies: SSA and H–1B Nonimmigrant Visas in the but will … ‘‘Department’’) is announcing a pilot publicly posted to the Federal Law 100–503, 102 Stat. 2507 (1988), as program to resume domestic visa eRulemaking Portal at amended, and the Computer Matching renewal for qualified H–1B www.regualtions.gov. Therefore, you and Privacy Protection Amendments of nonimmigrant visa applicants who meet may wish to consider limiting the 1990 (Privacy Act), (Pub. L. 101–508, certain requirements. This notice amount of personal information that you 104 Stat. 143 (1990)), and the describes the requirements for provide. The Department may withhold regulations and guidance … and are designed to limit the pilot overseas or domestically, within 48 ability to resume domestic visa renewals population to a size that is manageable months of the expiration of their prior for specific nonimmigrant and consistent with available resources, visa in the same classification, will be classifications and to assess the efficacy and control the costs of conducting the eligible for a waiver of the in-person of this program in reducing worldwide pilot, while still testing the efficacy of interview requirement. Based on visa wait times by shifting certain a domestic renewals program. statutory requirements for an interview workloads from overseas posts to the Specifically, the Department is waiver under INA section 222(h)(2), United States. limiting the scope of the pilot to applicants for domestic visa renewal applicants who were previously issued must reside in the United States. II. Pilot Program and Requirements for visas within specified dates by Missions Applicants are not required to submit Participation Canada or India to properly assess the evidence of residence in the United Pursuant to 22 CFR 41.111(b)(3), the performance and capabilities of States at the time … they submit their Deputy Assistant Secretary for Visa contractors who manage the majority of application beyond the information Services (VO DAS) and Department the Department’s worldwide visa requested in the visa application; officials designated by them, are processing. The population of visa however, additional information may be authorized to issue, in their discretion, applicants in India and Canada is requested at any time prior to visa nonimmigrant visas in the United sufficiently representative of the global issuance. States, to qualified applicants who meet population and visa issuances … fall within the limiting the scope of the pilot to include clearance are ineligible for interview pilot’s scope. Consequently, applicants only H–1B applicants. After careful waiver, but such clearance requirements that fall outside of this scope are not consideration, the Visa Office are not public information. Any such eligible to apply for, nor be issued, a determined that including other visa requirement would be based on the visa domestically. categories, including H–4s (dependents applicant’s individual circumstances. Participation in this pilot will be of H–1B principal applicants), created Applicants who do not meet the limited to applicants who(se): additional technical and operational requirements for domestic adjudication 1. Are seeking to renew an H–1B visa; challenges that cannot be resolved as published in this notice, including during the pilot phase, the Department before the pilot launch date. For eligibility for a waiver of the in-person will not process any other visa instance, developing standard operating interview requirement, are not eligible classifications; procedures and training staff to to apply for, nor be issued a visa 2. Prior H–1B visa that is being recommence … Order 14058, signed on December 13, 7. Do not have a visa ineligibility that or collect fingerprints domestically, a 2021 (https://www.whitehouse.gov/ would require a waiver prior to visa key requirement for participation in the briefing-room/presidential-actions/ issuance; pilot is that applicants for domestic visa 2021/12/13/executive-order-on- 8. Have an approved and unexpired renewal must qualify for a waiver of the transforming-federal-customer- H–1B petition; in-person interview requirement under experience-and-service-delivery-to- 9. Were most recently admitted to the section 222(h) of",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-d3fc376b162fc6d6ee15",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS adjusts premium processing fees",
  "policyEffect": "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.",
  "operativeDate": "2024-02-26",
  "year": 2024,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Work, study, residence, other",
  "policyTool": "Fees",
  "sourceName": "Federal Register 88 FR 89539",
  "sourceUrl": "https://www.federalregister.gov/documents/2023/12/28/2023-28529/adjustment-to-premium-processing-fees",
  "preciseCitation": "Federal Register 88 FR 89539. DHS adjusts premium processing fees. Effective 2024-02-26.",
  "evidencePassage": "details. Department of Homeland Security 8 CFR Part 106 [CIS No. 2757-23; DHS Docket No. USCIS-2018-0003] RIN 1615-ZC05 AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. SUMMARY: The Department of Homeland Security (DHS) is increasing premium processing fees charged by U.S. Citizenship and Immigration Services (USCIS) to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers. The adjustment increases premium processing fees from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805. DATES: Effective … employment authorization on Form I-765, Application for Employment Authorization, the fee was established as $1,500.[8] USCIS is now increasing those premium processing fees provided by Congress in the USCIS Stabilization Act and codified through the USCIS Stabilization Rule by the inflationary adjustment calculation provided by INA 286(u)(3)(C), 8 U.S.C. 1356(u)(3)(C). See USCIS Stabilization Act, Public Law 116-159 (Oct. 1, 2020). II. Basis for Adjustment Section 286(u)(3)(C) of the INA, 8 U.S.C. 1356(u)(3)(C), provides that DHS may adjust the premium fees on a biennial basis by the percentage by",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-c0a1738d42804264ab7b",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS finalizes USCIS fee schedule changes effective April 2024",
  "policyEffect": "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.",
  "operativeDate": "2024-04-01",
  "year": 2024,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Work, residence, family, humanitarian, other",
  "policyTool": "Fees",
  "sourceName": "Federal Register 89 FR 6194",
  "sourceUrl": "https://www.federalregister.gov/documents/2024/01/31/2024-01427/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration",
  "preciseCitation": "Federal Register 89 FR 6194. DHS finalizes USCIS fee schedule changes effective April 2024. Effective 2024-04-01.",
  "evidencePassage": "Request Requirements; Final Rule \u0000\u0000Federal Register / Vol. 89 , No. 21 / Wednesday, January 31, 2024 / Rules and Regulations\u0000\u0000 [[Page 6194]] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 103, 106, 204, 212, 214, 240, 244, 245, 245a, 264, and 274a [CIS No. 2687-21; DHS Docket No. USCIS 2021-0010] RIN 1615-AC68 U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). … ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule adjusts certain immigration and naturalization benefit request fees charged by USCIS. This rule also provides additional fee exemptions for certain humanitarian categories and makes changes to certain other immigration benefit request requirements. USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the full cost of providing adjudication and naturalization services. DHS is adjusting the fee schedule to fully recover costs and maintain … approximately $4,424.0 million. DHS removes approximately $726.7 million of average annual estimated costs by transferring costs to premium processing revenue, reducing the work to be funded by the Asylum Program Fee, and considering the budget effects of improved efficiency measures. 2. Changes in the Asylum Program Fee DHS proposed a new Asylum Program Fee of $600 to be paid by employers who file either a Form I-129, Petition for a Nonimmigrant Worker, Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, or Form I-140, Immigrant Petition for Alien Worker. 88 FR 451. In the … final rule, DHS exempts the Asylum Program Fee for nonprofit petitioners and reduces it by half for small employers. See 8 CFR 106.2(c)(13). The fee will be $0 for nonprofits; $300 for small employers (defined as firms or individuals having 25 or fewer FTE [[Page 6196]] employees); and $600 for all other filers of Forms I-129 and I-140. See 8 CFR 106.1(f) and 106.2(c)(13). 3. Changes to Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fees DHS has updated the USCIS volume forecasts for the EB-5 workload based on more recent and reliable information than what was available while drafting",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-aa59601dcb740b541767",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS again temporarily increases EAD automatic extension period to 540 days",
  "policyEffect": "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.",
  "operativeDate": "2024-04-08",
  "year": 2024,
  "affectedGroup": "Current holders",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Work, humanitarian, residence, family",
  "policyTool": "Work rights",
  "sourceName": "Federal Register 89 FR 24628",
  "sourceUrl": "https://www.federalregister.gov/documents/2024/04/08/2024-07345/temporary-increase-of-the-automatic-extension-period-of-employment-authorization-and-documentation",
  "preciseCitation": "Federal Register 89 FR 24628. DHS again temporarily increases EAD automatic extension period to 540 days. Effective 2024-04-08.",
  "evidencePassage": "Security 8 CFR Part 274a [CIS No. 2767-24; DHS Docket No. USCIS-2024-0002] RIN 1615-AC78 ( printed page 24628) AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Temporary final rule with request for comments. SUMMARY: This rule temporarily amends existing Department of Homeland Security (DHS) regulations to provide that the automatic extension period applicable to expiring Employment Authorization Documents (Forms I-766 or EADs) for certain renewal applicants who have filed Form I-765, Application for Employment Authorization (EAD application), will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs. DHS is taking these steps to help prevent renewal applicants from experiencing a lapse in their employment authorization and documentation. DATES: Effective dates: This temporary final rule (TFR) is effective April 8, 2024, through September 20, 2027, except for the amendments to 8 CFR 274a.13(d)(5), which are effective from April 8, 2024 through October 15, 2025. Submission of public comments: Comments must be received on or before June 7, 2024. ADDRESSES: You may submit comments on the entirety of this temporary final rule package … employment authorization, their families, their employers, and the public at large. To avert these gaps in employment authorization and/or EAD validity for certain renewal EAD applicants, and the resulting harmful effects gaps can cause, DHS is temporarily amending existing DHS regulations to increase the automatic extension period applicable to expiring employment authorization and/or EADs (Form I-766) for certain renewal applicants who have filed EAD applications from up to 180 days to up to 540 days from the expiration date stated on their EADs. The increase will be available to any eligible renewal EAD applicant with an application filed on or after October 27, 2023, and pending on or after April 8, 2024 and any eligible applicant who files a renewal EAD application during the 540-day period beginning on or after April 8, 2024 and ending September 30, 2025. DHS has decided to focus on near-term uncertainty and critical needs of applicants, their families, and their employers by ensuring that, through this TFR, none of them will imminently or in the near-term experience the harmful effects caused by gaps in employment authorization and/or EAD validity due to processing delays. At the same … are eligible for an automatic extension of their employment authorization and/or EADs will receive the 180-day automatic extension period currently provided at 8 CFR 274a.13(d)(1). This TFR applies to two groups of applicants. First, the rule applies to those renewal applicants eligible for the automatic extension who have filed their renewal EAD applications on or after October 27, 2023,[185] which remain pending as of the date this rule goes into effect, [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER ], and whose EAD has not expired or whose current up to 180-day auto-extension has not … yet lapsed, since this group is at imminent or near-term risk of experiencing a gap in employment authorization and/or documentation.[186] Second, the rule applies to new renewal applicants who file their EAD applications during the 18-month period following the rule's effective date to avoid a future gap in employment authorization and/or documentation.[187] However, in recognition of Congress' clear intent in the INA to prohibit and provide penalties for unauthorized employment, including the accountability of employers that employ noncitizens who are not authorized to work in the United States",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-444c99d25d3ed238f19b7509",
  "countryCode": "US",
  "country": "United States",
  "title": "suspension of the employment limitations is available through November 25, 2025",
  "policyEffect": "suspension of the employment limitations is available through November 25, 2025",
  "operativeDate": "2024-05-26",
  "year": 2024,
  "affectedGroup": "F-1 nonimmigrant students who are citizens of burma (or individuals having no nationality who last habitually resided in burma) who were lawfully present in the united states on march 25, 2024",
  "materialConditionsAndExceptions": "Recorded validated scope: On-campus and off-campus employment authorization, reduced course load requirements.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2024/03/25/2024-06096/employment-authorization-for-nationals-of-burma-f-1-nonimmigrant-students-experiencing-severe",
  "preciseCitation": "",
  "evidencePassage": "Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of Current Armed Conflict and the Current Humanitarian Crisis in Burma (Myanmar) AGENCY: U.S. Immigration and Customs Enforcement; Department of Homeland Security. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security is suspending certain [[Page 20676]] regulatory requirements for F-1 nonimmigrant students from Burma who are experiencing severe economic hardship as a direct result of current armed conflict and the current humanitarian crisis in Burma. The Secretary is providing relief to these students who are in lawful F-1 nonimmigrant status, so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 nonimmigrant status. DATES: This action is effective May 26, 2024, through November 25, 2025. FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and Response Unit, Student and Exchange Visitor Program, MS 5600, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC 20536-5600; … nonimmigrant status on May 25, 2021, was effective from May 25, 2021, through November 25, 2022. See 86 FR 28128 (May 25, 2021). A subsequent notice provided for an extension, effective from November 26, 2022, through May 25, 2024, and expanded the applicability of such suspension to F-1 nonimmigrant students from Burma who were in lawful F-1 nonimmigrant student status on September 27, 2022. See 87 FR 58509 (Sept. 27, 2022). Effective with this publication, suspension of the employment limitations is available through November 25, 2025, for those who are in lawful F-1 nonimmigrant status on the … citizen of Burma regardless of country of birth (or an individual having no nationality who last habitually resided in Burma); (2) Were lawfully present in the United States on the date of publication of this notice in F-1 nonimmigrant status under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i); (3) Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified for enrollment for F-1 nonimmigrant students; (4) Are currently maintaining F-1 nonimmigrant status; and (5) Are experiencing severe economic hardship",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-862c18ae61437760edb9",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS and DOJ issue Securing the Border asylum interim final rule",
  "policyEffect": "DHS and DOJ issued an interim final rule implementing entry and asylum limitations during emergency border circumstances following the June 2024 presidential proclamation.",
  "operativeDate": "2024-06-05",
  "year": 2024,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian, other",
  "policyTool": "Entry exit",
  "sourceName": "Federal Register 89 FR 48710",
  "sourceUrl": "https://www.federalregister.gov/documents/2024/06/07/2024-12435/securing-the-border",
  "preciseCitation": "Federal Register 89 FR 48710. DHS and DOJ issue Securing the Border asylum interim final rule. Effective 2024-06-05.",
  "evidencePassage": "(1)(A), (b)(2)(C), (d)(5)(B); INA 235(b)(1)(B)(iii)(III), (iv), [8 U.S.C. 1225(b)(1)(B)(iii)(III)](https://www.govinfo.gov/link/uscode/8/1225), (iv). ### C. Summary of Provisions of the IFR This IFR adds provisions at [8 CFR 208.13(g)](<https://www.ecfr.gov/current/title-8/section-208.13#p-208.13(g)>), [208.35](https://www.ecfr.gov/current/title-8/section-208.35), [235.15](https://www.ecfr.gov/current/title-8/section-235.15), [1208.13(g)](<https://www.ecfr.gov/current/title-8/section-1208.13#p-1208.13(g)>), and [1208.35](https://www.ecfr.gov/current/title-8/section-1208.35) that effectuate three key changes to the process for those seeking asylum, statutory withholding of removal, or protection under the CAT during emergency border circumstances giving rise to the suspension and limitation on entry under the Presidential Proclamation of June 3, 2024, Securing the Border (“Presidential Proclamation of June 3”): - During emergency border circumstances, persons who enter across the southern border and who are not described in section 3(b) of the Proclamation will be ineligible for asylum unless they demonstrate by a preponderance of the evidence that exceptionally compelling circumstances … CFR 208.35](https://www.ecfr.gov/current/title-8/section-208.35) DHS is adding to [8 CFR part 208](https://www.ecfr.gov/current/title-8/part-208), *Procedures for Asylum and Withholding of Removal,* a new subpart D, *Eligibility for Aliens Who Enter the United States During Emergency Border Circumstances*. Within subpart D, DHS is adding a new § 208.35, *Limitation on asylum eligibility and credible fear procedures for those who enter the United States during emergency border circumstances*. This section sets forth a new limitation on asylum eligibility and screening procedures related to the … application of such limitation in expedited removal proceedings and the conduct of credible fear screenings during the emergency border circumstances. This provision applies notwithstanding any contrary provision of part 208. Section 208.35 consists of the following provisions: Paragraph (a) sets forth the limitation on asylum eligibility. Under the rule, a noncitizen is ineligible for asylum if the noncitizen is described in § 208.13(g) and not described in section 3(b) of the Proclamation. This approach is consistent with the general policy of the Proclamation and rule and provides important … Securing the Border) between the dates described in section 1 of such Proclamation and section 2(a) of such Proclamation (or the revocation of such Proclamation, whichever is earlier), or between the dates described in section 2(b) of such Proclamation and section 2(a) of such Proclamation (or the revocation of such Proclamation, whichever is earlier), refer to the provisions on asylum eligibility described in § 208.35. 3\\. Add subpart D, consisting of § 208.35, to read as follows: # Subpart D—Eligibility for Aliens Who Enter the United States During Emergency Border Circumstances [§ 208.35](#sectno-citation-208.35) Limitation on asylum eligibility and credible fear procedures for those who enter the United States during emergency border circumstances. Notwithstanding any contrary section of this part, including §§ 208.2, 208.13, 208.30, and 208.33— (a) *Limitation on eligibility.* (1) *Applicability.* An alien who is described in § 208.13(g) and who is not described in section 3(b) of the Presidential Proclamation of June 3, 2024, Securing the Border, is ineligible for asylum. (2) *Exceptions.* (i) This limitation on eligibility does not apply if the alien demonstrates by a preponderance",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-4d29686a3f2a2450a863",
  "countryCode": "US",
  "country": "United States",
  "title": "Presidential Proclamation 10773 — Securing the Border",
  "policyEffect": "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.",
  "operativeDate": "2024-06-05",
  "year": 2024,
  "affectedGroup": "Irregular border crossers / asylum seekers",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Border control / legal entry",
  "policyTool": "Entry suspension / border shutdown thresholds",
  "sourceName": "Executive Office of the President / Office of the Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2024/06/07/2024-12625/securing-the-border",
  "preciseCitation": "89 FR 48487, Presidential Proclamation 10773; PDF (268.1 KB). Proclamation 10773—Securing the Border.",
  "evidencePassage": "Section 1. Suspension and Limitation on Entry. The entry of any noncitizen into the United States across the southern border is hereby suspended and limited, subject to section 3 of this proclamation. This suspension and limitation on entry shall be effective at 12:01 a.m. eastern daylight time on June 5, 2024. The suspension and limitation directed in this proclamation shall be discontinued pursuant to subsection 2(a) of this proclamation, subject to subsection 2(b) of this proclamation.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-f437fbc29a7fa233716f974e",
  "countryCode": "US",
  "country": "United States",
  "title": "Employment relief for Ethiopian F-1 students facing severe economic hardship",
  "policyEffect": "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.",
  "operativeDate": "2024-06-13",
  "year": 2024,
  "affectedGroup": "F-1 nonimmigrant students whose country of citizenship is ethiopia",
  "materialConditionsAndExceptions": "Recorded validated scope: employment authorization and course load requirements.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2024/04/15/2024-07642/employment-authorization-for-ethiopian-f-1-nonimmigrant-students-experiencing-severe-economic",
  "preciseCitation": "",
  "evidencePassage": "Students Experiencing Severe Economic Hardship as a Direct Result of the Current Armed Conflict and the Current Humanitarian Crisis in Ethiopia AGENCY: U.S. Immigration and Customs Enforcement; Department of Homeland Security. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security is suspending certain regulatory requirements for F-1 nonimmigrant students from Ethiopia who are experiencing severe economic hardship as a direct result of the current armed conflict and the current humanitarian crisis in Ethiopia. The Secretary is providing relief to these students who are in lawful F-1 nonimmigrant status, so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 nonimmigrant status. DATES: This action is effective June 13, 2024, through December 12, 2025. FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and Response Unit, Student and Exchange Visitor Program, MS 5600, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC 20536-5600; email: <a href=\" … state labor laws limiting the employment of minors. May an eligible F-1 nonimmigrant student who already has on-campus or off-campus employment authorization benefit from the suspension of regulatory requirements under this notice? Yes. An F-1 nonimmigrant student who is an Ethiopian citizen, regardless of country of birth (or an individual having no nationality who last habitually resided in Ethiopia), who already has on-campus or off-campus employment authorization and is otherwise eligible may benefit under this notice, which suspends certain regulatory requirements relating to the minimum",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "record-measure-395614f0d56f38b0032f8701",
  "countryCode": "US",
  "country": "United States",
  "title": "The Secretary is also redesignating Ethiopia for TPS.",
  "policyEffect": "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",
  "operativeDate": "2024-06-13",
  "year": 2024,
  "affectedGroup": "Nationals of ethiopia (or individuals having no nationality who last habitually resided in ethiopia)",
  "materialConditionsAndExceptions": "Recorded validated scope: new applicants for Temporary Protected Status.",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2024/04/15/2024-07643/extension-and-redesignation-of-ethiopia-for-temporary-protected-status",
  "preciseCitation": "",
  "evidencePassage": "TPS beneficiaries to retain TPS through December 12, 2025, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through December 12, 2025, must re-register during the 60-day re-registration period described in this notice. 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 during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since April 11, 2024, and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since June 13, 2024, the effective date of this redesignation of Ethiopia for TPS. DATES: Extension and Redesignation of Designation of Ethiopia for TPS begins on June 13, 2024, and will remain in effect for … registrants to timely re-register during the registration period and not to wait until their Employment Authorization Documents (EADs) expire, as delaying re-registration could result in gaps in their employment authorization documentation.) Redesignation of Ethiopia for TPS: The 18-month redesignation of Ethiopia for TPS begins on June 13, 2024, and will remain in effect for 18 months, ending on December 12, 2025. The redesignation impacts potential first-time applicants and others who do not currently have TPS. First-time Registration: The initial registration period for new applicants under the … be valid through the same date. Under the redesignation, individuals who currently do not have TPS may submit an initial application during the initial registration period that runs from April 15, 2024, through the full length of the redesignation period ending December 12, 2025. In addition to demonstrating continuous residence in the United States since April 11, 2024, and meeting other eligibility criteria, initial applicants for TPS under this redesignation must demonstrate that they have been continuously physically present in the United States since June 13, 2024,\\1\\ the effective date of … interest of the United States to permit Ethiopian TPS beneficiaries to remain in the United States temporarily. See INA sec. 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). <bullet> The designation of Ethiopia for TPS should be extended for an 18-month period, beginning on June 13, 2024, and ending on December 12, 2025. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). <bullet> Due to the conditions described above, Ethiopia should be simultaneously extended and redesignated for TPS beginning on June 13, 2024, and ending on December 12, 2025. See INA sec. 244(b)(1)(A) and (C) and (b)(2), 8 U.S.C. 1254a(b)(1)(A) and (C) and (b)(2). <bullet> For the redesignation, the Secretary has determined that TPS applicants must demonstrate that they have continuously resided in the United States since April 11, 2024. <bullet> Initial TPS applicants under the redesignation must demonstrate that they have been continuously physically present in the United States since June 13, 2024, the effective date of the redesignation of Ethiopia for TPS. <bullet> There are currently approximately 2,300 beneficiaries under Ethiopia's TPS designation who are eligible to re-register for TPS under the extension. <bullet … conditions are met, and it is not contrary to the national interest of the United States to allow Ethiopian TPS beneficiaries to remain in the United States temporarily. See INA sec. 244(b)(1)(A) and (C), 8 U.S.C. 1254a(b)(1)(A) and (C). On the basis of this determination, I am simultaneously extending the existing designation of Ethiopia for TPS for 18 months, beginning on June 13, 2024, and ending on December 12, 2025, and redesignating Ethiopia for TPS for the same 18-month period. See INA sec. 244(b)(1)(A) and (C) and (b)(2); 8 U.S.C. 1254a(b)(1)(A) and (C), and (b)(2). Alejandro N. Mayorkas",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-654f38a5c1836003d7a4",
  "countryCode": "US",
  "country": "United States",
  "title": "HHS unaccompanied children foundational rule takes effect",
  "policyEffect": "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.",
  "operativeDate": "2024-07-01",
  "year": 2024,
  "affectedGroup": "Current holders",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian, other",
  "policyTool": "Processing",
  "sourceName": "Federal Register 89 FR 34384",
  "sourceUrl": "https://www.federalregister.gov/documents/2024/04/30/2024-08329/unaccompanied-children-program-foundational-rule",
  "preciseCitation": "Federal Register 89 FR 34384. HHS unaccompanied children foundational rule takes effect. Effective 2024-07-01.",
  "evidencePassage": "Services (HHS). ACTION: Final rule. SUMMARY: This final rule adopts and replaces regulations relating to key aspects of the placement, care, and services provided to unaccompanied children referred to the Office of Refugee Resettlement (ORR), pursuant to ORR's responsibilities for coordinating and implementing the care and placement of unaccompanied children who are in Federal custody by reason of their immigration status under the Homeland Security Act of 2002 (HSA) and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA). This final rule establishes a foundation for the Unaccompanied Children Program (UC Program) that is consistent with ORR's statutory duties, for the benefit of unaccompanied children and to enhance public transparency as to the policies governing the operation of the UC Program. This final rule implements the 1997 Flores Settlement Agreement (FSA). As modified in 2001, the FSA provides that it will terminate 45 days after publication of final regulations implementing the agreement. ORR anticipates that any termination of the settlement based on this final rule would only be effective for those provisions that affect ORR and would … Act of 2008 UC Program—Unaccompanied Children Program II. Executive Summary A. Purpose of the Regulatory Action On October 4, 2023, the Office of Refugee Resettlement (ORR) published a notice of proposed rulemaking (NPRM or proposed rule), to replace and supersede regulations at 45 CFR part 410, and to codify policies and requirements concerning the placement, care, and services provided to unaccompanied children in Federal custody by reason of their immigration status and referred to ORR.1 The NPRM was based on statutory authorities and requirements provided under the Homeland Security Act of",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-30e87bd990c2422d4d1a",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS implements Keeping Families Together parole-in-place process",
  "policyEffect": "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.",
  "operativeDate": "2024-08-19",
  "year": 2024,
  "affectedGroup": "Certain noncitizen spouses and stepchildren of u.s. citizens",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Family, residence, humanitarian",
  "policyTool": "Entry exit",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2024/08/20/2024-18725/implementation-of-keeping-families-together",
  "preciseCitation": "https://www.federalregister.gov/documents/2024/08/20/2024-18725/implementation-of-keeping-families-together; https://www.uscis.gov/keepingfamiliestogether",
  "evidencePassage": "This notice announces the U.S. Department of Homeland Security's (DHS) implementation of the Keeping Families Together process for certain noncitizen spouses and stepchildren of U.S. citizens who are present in the United States without admission or parole to request parole in place under existing statutory authority. … To be considered for a discretionary grant of parole in place under this process, a requestor who is the noncitizen spouse of a U.S. citizen must meet the following criteria: Be present in the United States without admission or parole; Have been continuously physically present in the United States since at least June 17, 2014 through the date of filing the parole in place request; Have a legally valid marriage to a U.S. citizen on or before June 17, 2024; Have no disqualifying criminal history; and Submit biometrics, undergo required background checks and national security, public safety, and border security vetting, and be found not to pose a threat to national security or public safety. … To be considered for a discretionary grant of parole in place under this process, a requestor who is the stepchild of a U.S. citizen must meet the following criteria: Be present in the United States without admission or parole; Have a parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024 and before the child's 18th birthday; Have been continuously physically present in the United States since at least June 17, 2024 through the date of filing; Have no disqualifying criminal history; and Submit biometrics, undergo required background checks and national security and public safety vetting, and be found not to pose a threat to national security or public safety.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-cf45636238275ed297a9",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS corrects T nonimmigrant final rule before effective date",
  "policyEffect": "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.",
  "operativeDate": "2024-08-28",
  "year": 2024,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian, work",
  "policyTool": "Processing",
  "sourceName": "Federal Register 89 FR 68081",
  "sourceUrl": "https://www.federalregister.gov/documents/2024/08/23/2024-18735/classification-for-victims-of-severe-forms-of-trafficking-in-persons-eligibility-for-t-nonimmigrant",
  "preciseCitation": "Federal Register 89 FR 68081. DHS corrects T nonimmigrant final rule before effective date. Effective 2024-08-28.",
  "evidencePassage": "severe form of trafficking in persons seeking T nonimmigrant status. After review of the published document, DHS identified a few errors in the preamble and regulatory text. This document, in the section titled ``Correction of Errors and Technical Amendments,'' identifies and corrects several technical and typographical errors in the final rule. The provisions in this document are effective as if they had been included in the final rule that published in the Federal Register on April 30, 2024. Accordingly, the corrections are effective on August 28, 2024 at 12 a.m. Eastern Time. This document … typographic errors in the preamble and regulatory text and does not make substantive changes to the policies in the final rule. This document merely conforms erroneous portions of the final rule to the agency's clearly expressed contemporaneous intent. Therefore, DHS believes that it has good cause to waive the notice and comment and effective date requirements of section 553 of the APA. IV. Correction of Errors and Technical Amendments Accordingly, the publication final rule at 89 FR 34864 (FR Doc. 2024-09022) is corrected as follows: A. Correction of Errors in the Preamble 1. On page 34875, in … the second column, lines 35-36, the language ``8 CFR 274a.12(a)(16) and (25)'' is corrected to read ``8 CFR 274a.12(a)(16) and (c)(25).'' 2. On page 34882, in the second column, line 36, remove the word ``conduct'' and add in its place the word ``contact.'' 3. On page 34886, in the first column, lines 50-52, remove the sentence ``DHS has also amended new 8 CFR 214.211(e)(3) to state that the age-out protections apply to a child who may turn 21 during the pendency of the principal's application for T nonimmigrant status'' and add in its place the sentence ``DHS has also amended new 8 CFR 214.211(e)(2) and (3) to state that the age-out protections apply to a child (principal or derivative) who may turn 21 during the pendency of the principal's application for T nonimmigrant status.'' B. Correction of Errors in the Regulatory Text 0 4. On page 34933, in the second column, in instruction 7 in Subpart C, at Sec. 214.204, correct paragraph (c)(2) to read as follows: [[Page 68083]] Sec. 214.204 [Corrected] * * * * * (c) * * * (2) Any credible evidence that supports any of the eligibility requirements set out in Sec. Sec. 214.206 through 214.209. 0 5. On page 34934, in the second column, … in instruction 7 in Subpart C, at Sec. 214.205, correct paragraph (a) to read as follows: Sec. 214.205 [Corrected] (a) Bona fide determinations for principal applicants for T nonimmigrant status. If an Application for T Nonimmigrant Status is submitted on or after August 28, 2024, USCIS will conduct an initial review to determine if the application is bona fide. * * * * * 0 6. On page 34935, in the first column, in instruction 7 in Subpart C, at Sec. 214.205, correct paragraph (f) to read as follows: Sec. 214.205 [Corrected] * * * * * (f) Bona fide determinations for applicants in removal proceedings. This section applies to applicants whose Applications for T Nonimmigrant Status or Applications for Derivative T Nonimmigrant Status have been deemed bona fide and who are in removal proceedings under section 240 of the Act, or in exclusion or deportation proceedings under former sections 236 or 242 of the Act (as in effect prior to April 1, 1997). In such cases, ICE may exercise prosecutorial discretion, as appropriate, while USCIS adjudicates an Application for T Nonimmigrant Status or an Application for Derivative T Nonimmigrant Status. * * * * * 0 7. On page 34938, in the third column, in instruction 7 in Subpart C, at Sec. 214.211, correct paragraph (e)(2)(i) to read as follows: Sec. 214.211 [Corrected] * * * * * (e) * * * (2) Age-out protection for eligible family members of a principal applicant under 21 years of age. (i) If the T-1 principal applicant was under 21 years of age when they applied for T-1 nonimmigrant status but reached 21 years of age while the principal application was still pending, USCIS will continue to consider a parent or unmarried sibling as an eligible family member. * * * * * Christina E. McDonald, Associate General Counsel for Regulatory Affairs",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-870f9111941d660cf945",
  "countryCode": "US",
  "country": "United States",
  "title": "Extension of Form I-90 Green Card Validity to 36 Months for Renewals",
  "policyEffect": "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.",
  "operativeDate": "2024-09-10",
  "year": 2024,
  "affectedGroup": "Lawful permanent residents renewing form i-90",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Permanent residence",
  "policyTool": "Receipt notice validity extension",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/newsroom/alerts/uscis-extends-green-card-validity-extension-to-36-months-for-green-card-renewals",
  "preciseCitation": "USCIS Alert, \"USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals,\" September 18, 2024.",
  "evidencePassage": "Testimony Social Media Directory Breadcrumb Home Newsroom All News USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals Release Date 09/18/2024 Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card. Lawful permanent residents who properly file Form I-90 to renew an expiring or … expired Green Card may receive this extension. Form I-90 receipt notices had previously provided a 24-month extension of the validity of a Green Card. USCIS has updated the language on Form I-90 receipt notices to extend the validity of a Green Card for 36 months from the expiration date on the face on the face of the current Green Card for individuals with a newly filed Form I-90 renewal request. On Sept. 10, USCIS began printing amended receipt notices for individuals with a pending Form I-90. These receipt notices can be presented with an expired Green Card as evidence of continued status",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-29f1a61d4717dd5ac456",
  "countryCode": "US",
  "country": "United States",
  "title": "EB-1 Extraordinary Ability Evidentiary Criteria Clarification",
  "policyEffect": "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.",
  "operativeDate": "2024-10-02",
  "year": 2024,
  "affectedGroup": "Eb-1 extraordinary ability petitioners",
  "materialConditionsAndExceptions": "",
  "policyCategory": "High-skilled / economic migration",
  "policyTool": "Eligibility criteria / administrative discretion",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20241002-ExtraordinaryAbility.pdf",
  "preciseCitation": "USCIS Policy Alert PA-2024-24, \"Extraordinary Ability Criteria Clarification\" (Oct. 2, 2024).",
  "evidencePassage": "U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 October 2, 2024 PA-2024-24 Policy Alert SUBJECT: Extraordinary Ability Criteria Clarification Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to further clarify how USCIS evaluates evidence to determine eligibility for immigrant classification as a person of extraordinary ability. 1 Background Persons with extraordinary ability in the sciences, arts, education, business, or athletics can self- petition … petition. This guidance, contained in Volume 6 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Confirms that USCIS considers a person’s receipt of team awards under the criterion for lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. • Clarifies that USCIS considers past memberships under the membership criterion. 1 See INA 203(b)(1)(A). See 8 CFR 204.5(h). 2 See Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications, PA-2023-26, issued September 12, 2023. To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. www.uscis.gov PA-2024-24: Extraordinary Ability Criteria Clarification Page 2 • Removes language suggesting published material must demonstrate the value of the person’s work and contributions in order to satisfy the published material criterion, as such requirements are outside the plain regulatory language of the criterion. • Explains that while the dictionary defines an “exhibition” as a public showing not … limited to art, the regulation expressly modifies that term with “artistic,” such that USCIS will only consider non-artistic exhibitions as part of a properly supported claim of comparable evidence. Summary of Changes Affected Section: Volume 6 > Part F > Chapter 2 > Section B > Subsection 1, Initial Evidence of Extraordinary Ability • Revises the first paragraphs of the Criterion 1 and Criterion 2 tables, revises the third paragraph in the Criterion 3 table, and adds a paragraph to the end of the Criterion 7 table. USCIS may also make other minor technical, stylistic, and conforming changes",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "repair-fcp3-ce565c4ae85e52727761",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS adds Belize to H-2A and H-2B eligible-country lists",
  "policyEffect": "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.",
  "operativeDate": "2024-11-07",
  "year": 2024,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Work",
  "policyTool": "Eligibility",
  "sourceName": "Federal Register 89 FR 88799",
  "sourceUrl": "https://www.federalregister.gov/documents/2024/11/08/2024-25790/identification-of-foreign-countries-whose-nationals-are-eligible-to-participate-in-the-h-2a-and-h-2b",
  "preciseCitation": "Federal Register 89 FR 88799. DHS adds Belize to H-2A and H-2B eligible-country lists. Effective 2024-11-08.",
  "evidencePassage": "nd adding one country to only the H-2B program); 86 FR 62559 (Nov. 10, 2021) (removing one country from only the H-2A program, adding one country to only the H-2B program, and separately adding five countries to both programs); 87 FR 67930 (Nov. 10, 2022) (adding one country to both programs); and 88 FR 77343 (Nov. 9, 2023) (adding one country to both programs). Determination of Countries With Continued Eligibility The Secretary of Homeland Security has determined, with the concurrence of the Secretary of State, that the 87 countries previously designated to participate in the H-2A program in … the November 9, 2023 notice continue to meet the regulatory standards for eligible countries and therefore should remain designated as countries whose nationals are eligible to participate in the H-2A program. Additionally, the Secretary of Homeland Security has determined, with the concurrence of the Secretary of State, that the 88 countries previously designated to participate in the H-2B program in the November 9, 2023 notice continue to meet the regulatory standards for eligible countries and therefore should remain designated as countries whose nationals are eligible to participate in the … ow Designated as Eligible The Secretary of Homeland Security has also determined, with the concurrence of the Secretary of State, that Belize should be designated as an eligible country to participate in both the H-2A and H-2B nonimmigrant visa programs because its participation is in the U.S. interest consistent with the regulations governing these programs. Belize consistently cooperates with accepting its nationals subject to a final order of removal. Furthermore, Belizean nationals are generally compliant with the terms and conditions of all visa categories. Nationals of Belize do not pres … ate of publication. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 88 countries whose nationals are eligible to participate in the H-2A program and 89 countries whose nationals are eligible to participate in the H-2B program for the coming year. DATES: The designations in this notice are effective from November 7, 2024 and shall be without effect on November 8, 2025. FOR FURTHER INFORMATION CONTACT: Patrice Francis, Office of Strategy, Policy, and Plans, Department of Homeland Security, Washington, DC 20528, (202) 282-",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-090cee0e4d846bd0bea8",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS and DOL add 64,716 H-2B visas for FY2025",
  "policyEffect": "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.",
  "operativeDate": "2024-12-02",
  "year": 2024,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Work",
  "policyTool": "Cap quota",
  "sourceName": "Federal Register 89 FR 95628",
  "sourceUrl": "https://www.federalregister.gov/documents/2024/12/02/2024-28017/exercise-of-time-limited-authority-to-increase-the-numerical-limitation-for-fy-2025-for-the-h-2b",
  "preciseCitation": "Federal Register 89 FR 95628. DHS and DOL add 64,716 H-2B visas for FY2025. Effective 2024-12-02.",
  "evidencePassage": "Congressional Review Act I. Paperwork Reduction Act I. Executive Summary FY 2025 H-2B Supplemental Cap With this temporary final rule (TFR), the Secretary of Homeland Security, following consultation with the Secretary of Labor, is authorizing the release of an additional 64,716 H-2B visas for FY 2025, subject to certain conditions. The 64,716 visas are divided into the following allocations: For the first half of FY 2025: 20,716 immediately available visas limited to ( printed page 95627) returning workers, in other words, those workers who were issued H-2B visas or held H-2B status in fiscal years 2022, … admission. Additionally, petitioners may immediately employ individuals who are beneficiaries of a non-frivolous H-2B petition requesting an extension of the worker's stay that is pending as of January 25, 2025 without waiting for approval of the H-2B petition. To be eligible for portability, employers must have received an approved TLC demonstrating that they have completed a test of the U.S. labor market, and that DOL determined that there were no qualified U.S. workers available to fill these temporary positions. DHS is making this portability available for an additional one-year period in order to provide ( printed page 95652) greater certainty for H-2B employers and workers.[159] The portability provision at new 8 CFR 214.2(h)(32) is substantively the same as the portability provision offered in the FY 2023 and FY 2024 H-2B supplemental visa temporary final rules, which were codified at 8 CFR 214.2(h)(29) and (h)(31), respectively, and will begin upon the expiration of 8 CFR 214.2(h)(31). See new 8 CFR 214.2(h)(32). Additionally, the provision is similar to temporary flexibilities that DHS has used previously to improve employer access to noncitizen workers during the COVID-19 pandemic",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-c1748a26bdf1feaa178d",
  "countryCode": "US",
  "country": "United States",
  "title": "Executive Order 14165—Securing Our Borders",
  "policyEffect": "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.",
  "operativeDate": "2025-01-20",
  "year": 2025,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Admission",
  "policyTool": "Eligibility",
  "sourceName": "whitehouse.gov",
  "sourceUrl": "https://whitehouse.gov/presidential-actions/2025/01/securing-our-borders",
  "preciseCitation": "whitehouse.gov. Executive Order 14165—Securing Our Borders.; Exec. Order No. 14165, 90 Fed. Reg. 8467 (Jan. 30, 2025)",
  "evidencePassage": "The Secretary of Homeland Security shall, consistent with applicable law, take all appropriate action to: (a) Cease using the “CBP One” application as a method of paroling or facilitating the entry of otherwise inadmissible aliens into the United States; (b) Terminate all categorical parole programs that are contrary to the policies of the United States established in my Executive Orders, including the program known as the “Processes for Cubans, Haitians, Nicaraguans, and Venezuelans.”",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-37c4fc117884b7a9ade5",
  "countryCode": "US",
  "country": "United States",
  "title": "President suspends physical entry at the southern border under invasion proclamation",
  "policyEffect": "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.",
  "operativeDate": "2025-01-20",
  "year": 2025,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian, other",
  "policyTool": "Entry exit",
  "sourceName": "Federal Register 90 FR 8333",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/01/29/2025-01951/guaranteeing-the-states-protection-against-invasion",
  "preciseCitation": "Federal Register 90 FR 8333. President suspends physical entry at the southern border under invasion proclamation. Effective 2025-01-20.",
  "evidencePassage": "determine that the invasion has concluded. NOW, THEREFORE, I, Donald J. Trump, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the INA, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby direct as follows: Section 1 . Suspension of Entry. I hereby proclaim, pursuant to sections 212(f) and 215(a) of the INA, 8 U.S.C. 1182(f) and 1185(a), that the entry into the United States on or after the date of this order of aliens engaged in the invasion … provided to me under Article II of the Constitution of the United States, including my control over foreign affairs, and to effectuate the guarantee of protection against invasion required by Article IV, Section 4, I hereby suspend the physical entry of any alien engaged in the invasion across the southern border of the United States, and direct the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, to take appropriate actions as may be necessary to achieve the ( printed page 8336) objectives of this proclamation, until I issue a finding that the invasion … create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of January, in the year of our Lord two thousand twenty-five, and of the Independence of the United States of America the two hundred and forty-ninth. [FR Doc. 2025-01951 Filed 1-28-25; 8:45 am] Billing code 3395-F4-P Published Document: 2025-01951 (90 FR 8333) Home Home Sections Money Environment World Science",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-9cb107f5e62741d0528e",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS restores expedited removal to the full statutory scope",
  "policyEffect": "DHS rescinded the 2022 limits on expedited removal and restored use of expedited removal to the fullest scope authorized by Congress.",
  "operativeDate": "2025-01-21",
  "year": 2025,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian, other",
  "policyTool": "Processing",
  "sourceName": "Federal Register 90 FR 8139",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/01/24/2025-01720/designating-aliens-for-expedited-removal",
  "preciseCitation": "Federal Register 90 FR 8139. DHS restores expedited removal to the full statutory scope. Effective 2025-01-21.",
  "evidencePassage": "Secretary ( printed page 8139) AGENCY: Office of the Secretary, Department of Homeland Security ACTION: Notice. SUMMARY: This Notice rescinds the March 21, 2022 Notice, Rescission of the Notice of July 23, 2019, Designation for Expedited Removal. This Notice also restores the scope of expedited removal to the fullest extent authorized by Congress. DATES: This designation is effective on 6:00 p.m. EST on Tuesday January 21, 2025. FOR FURTHER INFORMATION CONTACT: Joseph Mazarra, Office of the General Counsel, Department of Homeland Security, 202-282-9256. SUPPLEMENTARY INFORMATION: I. Background This Notice rescinds the March 21, 2022 Notice, Rescission of the Notice of July 23, 2019, Designating Aliens for Expedited Removal,[1] which limited the application of expedited removal procedures to certain aliens under the Immigration and Nationality Act (INA), to the extent the March 21, 2022 Notice is inconsistent with this Notice. This Notice enables the U.S. Department of Homeland Security (DHS) to exercise the full scope of its statutory authority to place in expedited removal, with limited exceptions, aliens [2] determined to be inadmissible under sections 212(a)(6)(C) or (a)(7) of the INA … my sole and unreviewable discretion, as follows: (A) The Notice titled Designating for Expedited Removal,87 FR 16022 (March 21, 2022), is hereby rescinded, effective immediately. (B) I designate for expedited removal the following categories of aliens not ( printed page 8140) currently designated: (1) Aliens who did not arrive by sea, who are apprehended anywhere in the United States more than 100 air miles from a U.S. international land border, and who have been continuously present in the United States for less than two years; and (2) aliens who did not arrive by sea, who are apprehended within",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-52da09a5306140999c28",
  "countryCode": "US",
  "country": "United States",
  "title": "USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants",
  "policyEffect": "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.",
  "operativeDate": "2025-01-22",
  "year": 2025,
  "affectedGroup": "Adjustment of status applicants (form i-485)",
  "materialConditionsAndExceptions": "Validated condition or limit: 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).",
  "policyCategory": "Residence / health & admissibility",
  "policyTool": "Eligibility / adjudication standard",
  "sourceName": "U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://uscis.gov/newsroom/alerts/uscis-waives-covid-19-vaccination-requirement-for-adjustment-of-status-applicants",
  "preciseCitation": "U.S. Citizenship and Immigration Services (USCIS), Policy News Release: USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants (Jan. 22, 2025)",
  "evidencePassage": "Effective Jan. 22, 2025, USCIS is waiving any and all requirements that applicants for adjustment of status to that of a lawful permanent resident present documentation on their Form I-693, Report of Immigration Medical Examination and Vaccination Record, that they received the COVID-19 vaccination. USCIS will not issue any Request for Evidence or Notice of Intent to Deny related to proving a COVID-19 vaccination. USCIS will not deny any adjustment of status application based on the applicant’s failure to present documentation that they received the COVID-19 vaccination.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-4c7582345697ec4ae2bd",
  "countryCode": "US",
  "country": "United States",
  "title": "President suspends refugee admissions under USRAP",
  "policyEffect": "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.",
  "operativeDate": "2025-01-27",
  "year": 2025,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: Refugee Admissions Program, subject to limited exceptions, pending further findings by the Secretary of Homeland Security and Secretary of State.",
  "policyCategory": "Humanitarian",
  "policyTool": "Eligibility",
  "sourceName": "Federal Register 90 FR 8459",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/01/30/2025-02011/realigning-the-united-states-refugee-admissions-program",
  "preciseCitation": "Federal Register 90 FR 8459. President suspends refugee admissions under USRAP. Effective 2025-01-27.",
  "evidencePassage": "jurisdictions of aliens eligible to be admitted to the United States as refugees. Sec. 3. Realignment of the U.S. Refugee Admissions Program. (a) I hereby proclaim, pursuant to sections 212(f) and 215(a) of the INA, 8 U.S.C. 1182(f) and 1185(a), that entry into the United States of refugees under the USRAP would be detrimental to the interests of the United States. I therefore direct that entry into the United States of refugees under the USRAP be suspended--subject to the exceptions set forth in subsection (c) of this section--until a finding is made in accordance with section 4 of this order. This suspension shall take effect at 12:01 a.m. eastern standard time on January 27, 2025. (b) The Secretary of Homeland Security shall suspend decisions on applications for refugee status, until a finding is made in accordance with section 4 of this order. (c) Notwithstanding the suspension of the USRAP imposed pursuant to subsections (a) and (b) of this section, the Secretary of State and the Secretary of Homeland Security may jointly determine to admit aliens to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the entry of such",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-9c2f3b0eab703c1b6c2e",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS vacates the January 2025 Venezuela TPS extension decision",
  "policyEffect": "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.",
  "operativeDate": "2025-02-03",
  "year": 2025,
  "affectedGroup": "Current holders of venezuela tps under the 2021 and 2023 designations",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian, work",
  "policyTool": "Status extension",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2025/02/03/2025-02183.txt",
  "preciseCitation": "",
  "evidencePassage": "Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has decided to vacate the January 10, 2025, decision of former Secretary of Homeland Security Alejandro Mayorkas regarding TPS for Venezuela. Former Secretary Mayorkas extended the 2023 designation of Venezuela for TPS for 18 months, allowed a consolidation of filing processes such that all eligible Venezuela TPS beneficiaries (whether under the 2021 or 2023 designations) may obtain TPS through the same extension date of October 2, 2026, and extended certain Employment Authorization Documents (EADs). … DATES: The vacatur is effective immediately. … USCIS will no longer accept Venezuela TPS re-registration applications (Form I-821) and associated Applications for Employment Authorization (Form I-765) filed under the Mayorkas Notice. For TPS beneficiaries who have already filed applications to re-register for TPS pursuant to the Mayorkas Notice and paid any fees associated with their applications, USCIS will cease processing their applications, and issue refunds of any fees paid by those aliens. … Additionally, USCIS will invalidate EADs; Forms I-797, Notice of Action (Approval Notice); and Forms I-94, Arrival/Departure Record (collectively known as TPS-related documentation) that have been issued with October 2, 2026 expiration dates under the Mayorkas Notice. USCIS will provide refunds to any fees paid by these aliens as well. … Additionally, pursuant to this vacatur the automatic EAD extensions provided in the Mayorkas Notice are hereby rescinded.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-2db127f3d1de6daedde7",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS partially vacates the 2024 Haiti TPS extension and redesignation",
  "policyEffect": "DHS partially vacated the June 2024 Haiti TPS decision, shortening the previously announced extension and redesignation framework.",
  "operativeDate": "2025-02-24",
  "year": 2025,
  "affectedGroup": "Current holders",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian, work",
  "policyTool": "Status extension",
  "sourceName": "Federal Register 90 FR 10511",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/02/24/2025-02970/partial-vacatur-of-2024-temporary-protected-status-decision-for-haiti",
  "preciseCitation": "Federal Register 90 FR 10511. DHS partially vacates the 2024 Haiti TPS extension and redesignation. Effective 2025-02-24.",
  "evidencePassage": "Protected Status Decision for Haiti AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Notice of Temporary Protected Status (TPS) partial vacatur. ----------------------------------------------------------------------- SUMMARY: Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has decided to partially vacate the June 4, 2024, decision of former Secretary Alejandro Mayorkas regarding the extension of the designation of Haiti for Temporary Protected Status (TPS) and … the new designation of Haiti for TPS. In the 2024 action, former Secretary Mayorkas again extended the designation of Haiti for TPS for the statutory maximum of 18 months (until February 3, 2026), which covered approximately 199,445 Haitian nationals; and again newly designated Haiti for TPS, which had the effect of allowing approximately 321,349 additional Haitian nationals to qualify for the same 18-month period. For the reasons described in this notice, the Secretary has determined to partially vacate the June 4, 2024, decision by reducing the designation period from 18 months to 12 months. … The Secretary is also making a corresponding change to the registration deadline for new applicants under the new designation. Accordingly, by operation of this notice, the Haiti TPS extension and new designation will expire on August 3, 2025, instead of February 3, 2026, and the first-time registration will remain in effect until August 3, 2025, instead of February 3, 2026. DATES: The partial vacatur of the June 4, 2024, decision is effective immediately. Notice of the June 4, 2024, decision was published at 89 FR 54484 (July 1, 2024). FOR FURTHER INFORMATION CONTACT: Samantha Deshommes, Chief … Secretary of Homeland Security accordingly is reconsidering and partially vacating the June 4, 2024, decision of Secretary Mayorkas to extend the Haiti TPS designation and newly designate Haiti for TPS for an additional 18 months (from Aug. 4, 2024, to Feb. 3, 2026). Specifically, the Secretary has determined that the extension and designation period for Haiti should be reduced from the statutory maximum of 18 months to 12 months. Accordingly, by operation of this notice, the Haiti TPS extension and new designation will expire on August 3, 2025, instead of February 3, 2026. The Secretary is taking … update their records to note that the validity date of the document is through August 3, 2025. Aliens who have filed TPS applications pursuant to the July 1, 2024, notice that remain pending with USCIS may also choose to withdraw their TPS applications and request a refund of any filing fees by submitting [[Page 10515]] a signed written withdrawal request to USCIS. IV. Notice of Partial Vacatur of Secretary Mayorkas' 2024 Decision Regarding the Haiti TPS Extension and New Designation By the authority vested in me as Secretary under sections 103(a) and 244 of the Immigration and Nationality Act, … 8 U.S.C. 1103(a), 1254a, I am vacating in part the decision announced in the July 1, 2024, notice titled Extension and Redesignation of Haiti for Temporary Protected Status, 89 FR 54484. In doing so, I am (1) amending the period of the extension and designation of Haiti for TPS from 18 months to 12 months, with a new end date of August 3, 2025; and (2) making a corresponding change to the initial registration period for new applicants under the new designation, which now will remain in effect through August 3, 2025. This notice supersedes the July 1, 2024, notice at 89 FR 54484 to the extent modified",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-8d6d71fbfaa052bcdb7f",
  "countryCode": "US",
  "country": "United States",
  "title": "Extension of the Designation of El Salvador for Temporary Protected Status",
  "policyEffect": "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.",
  "operativeDate": "2025-03-10",
  "year": 2025,
  "affectedGroup": "Current holders",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.; 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.",
  "policyCategory": "Humanitarian, work",
  "policyTool": "Status extension",
  "sourceName": "Federal Register 90 FR 5953",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2025/01/17/2025-00626.txt",
  "preciseCitation": "Federal Register 90 FR 5953. DHS extends TPS designations for Venezuela, El Salvador, Sudan, and Ukraine. Effective 2025-03-10.",
  "evidencePassage": "Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security 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. … Extension of Designation of El Salvador for TPS begins on March 10, 2025, and will remain in effect for 18 months. … Existing TPS beneficiaries who wish to extend their status through September 9, 2026, must re-register during the 60- day re-registration period described in this notice. … The 60-day re-registration period for existing beneficiaries runs from January 17, 2025, through March 18, 2025. … To re-register for TPS based on the designation of El Salvador, you must submit Form I-821. When filing an application to re-register for TPS, you do not need to pay the application fee; however, you are required to pay the biometric services fee. If you cannot pay the biometric services fee, you may ask USCIS to waive the fee. … Second, you may also be eligible for an automatic extension of up to 540 days from the ``Card Expires'' date on the EAD if you file your Form I-765 EAD renewal application during the re-registration period of January 17, 2025, through March 18, 2025 (``Up to 540-Day Automatic EAD Extension'').",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-d74bc0a85af07829b071",
  "countryCode": "US",
  "country": "United States",
  "title": "HHS updates unaccompanied children foundational rule to track statutory text",
  "policyEffect": "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.",
  "operativeDate": "2025-03-25",
  "year": 2025,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian, other",
  "policyTool": "Processing",
  "sourceName": "Federal Register 90 FR 13554",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/03/25/2025-04971/unaccompanied-children-program-foundational-rule-update-to-accord-with-statutory-requirements",
  "preciseCitation": "Federal Register 90 FR 13554. HHS updates unaccompanied children foundational rule to track statutory text. Effective 2025-03-25.",
  "evidencePassage": "Director of Policy, Division of Unaccompanied Children Policy, Unaccompanied Children Bureau, Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services, Washington, DC, (202) 205-4440 or UCPolicy-RegulatoryAffairs@acf.hhs.gov. SUPPLEMENTARY INFORMATION: I. Executive Summary This interim final rule (IFR) removes a specific provision of the Code of Federal Regulations introduced by the April 30, 2024 “Unaccompanied Children Program Foundational Rule” (Foundational Rule) at 45 CFR 410.1201(b). This provision precludes ORR from “shar[ing] any immigration … the Foundational Rule was 8 U.S.C. 1373 even mentioned, even though the information-sharing provision of the Foundational Rule, 45 CFR 410.1201(b), obviously and directly contravenes that statutory limit. Thus, ORR must update the Foundational Rule to strike 45 CFR 410.1201(b), effective immediately.[1] That is, ORR removes the prohibition on sharing immigration status information relating to potential sponsors with law enforcement and immigration enforcement entities. III. Good Cause for Issuing This IFR Under the Administrative Procedure Act, 5 U.S.C. 553(b)(B), notice and public comment is not … Services. For the reasons set forth in the preamble, ORR amends 45 CFR part 410 to read as follows: PART 410—CARE AND PLACEMENT OF UNACCOMPANIED CHILDREN 1. The authority citation for part 410 continues to read as follows: Authority: 6 U.S.C. 279, 8 U.S.C. 1232. § 410.1201 [Amended] 2. Amend § 410.1201 by removing paragraph (b) and redesignating paragraph (c) as paragraph (b). Footnotes 1. The Foundational Rule contains a severability provision. 45 CFR 410.1000. 45 CFR 410.1201(b)'s parts are inextricably linked and there was no indication in the Foundational Rule that it was intended to treat",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-16574db901eeed4740b6",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS designates a new alien registration form and evidence of registration",
  "policyEffect": "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.",
  "operativeDate": "2025-04-11",
  "year": 2025,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Other",
  "policyTool": "Processing",
  "sourceName": "Federal Register 90 FR 11793",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/03/12/2025-03944/alien-registration-form-and-evidence-of-registration",
  "preciseCitation": "Federal Register 90 FR 11793. DHS designates a new alien registration form and evidence of registration. Effective 2025-04-11.",
  "evidencePassage": "details. ###### Department of Homeland Security 1. 8 CFR Part 264 2. \\[CIS No. 2810-25; DHS Docket No. USCIS-2025-0004] 3. RIN 1615-AC96 ( printed page 11793) # AGENCY: U.S. Citizenship and Immigration Services (“USCIS”), Department of Homeland Security (“DHS”). # ACTION: Interim final rule (“IFR”) with request for comments. # SUMMARY: This IFR amends DHS regulations to designate a new registration form for aliens to comply with statutory alien registration and fingerprinting provisions. Aliens who are subject to alien registration requirements of the Immigration and Nationality Act, as amended (“INA”) who have not yet registered may use this registration form to satisfy their statutory obligations. This IFR also amends DHS regulations to designate additional documentation that may serve as evidence of alien registration. # DATES: *Effective date:* This IFR is effective April 11, 2025. *Registration:* Aliens may register using the revised form G-325R, Biographic Information (Registration) immediately. *IFR comment period:* Comments on the rule must be received by April 11, 2025. *Information collection comment period:* Comments on the information collection described in the *Paperwork Reduction … aliens regardless of their status, in addition to the other forms already listed. Specifically, this IFR lists the new form at [8 CFR 264.1(a)](<https://www.ecfr.gov/current/title-8/section-264.1#p-264.1(a)>) and lists the corresponding evidence of registration at [8 CFR 264.1(b)](<https://www.ecfr.gov/current/title-8/section-264.1#p-264.1(b)>). Consistent with [8 U.S.C. 1359](https://www.govinfo.gov/link/uscode/8/1359), DHS interprets the registration and fingerprinting requirements of [8 U.S.C. 1302](https://www.govinfo.gov/link/uscode/8/1302) to exclude from “all aliens” American Indians born … CFR 264.1(b)](<https://www.ecfr.gov/current/title-8/section-264.1#p-264.1(b)>)).\\[[14](#footnote-14-p11797)] The affected population includes, for instance: - Aliens who are present in the United States without inspection and admission or inspection and parole and have not yet registered (*i.e.,* have not yet filed a registration form designated under [8 CFR 264.1(a)](<https://www.ecfr.gov/current/title-8/section-264.1#p-264.1(a)>), and do not have evidence of registration under [8 CFR 264.1(b)](<https://www.ecfr.gov/current/title-8/section-264.1#p-264.1(b)>)). - Canadian visitors who entered … the United States at land ports of entry and were not issued evidence of registration (*e.g.,* Form I-94). - An alien, whether previously registered or not, who turns 14 years old in the United States and therefore must register within 30 days after their 14th birthday. DHS recognizes there could be additional aliens subject to this rule in the future. Relying on this estimate may somewhat overstate those who need to fully comply as aliens under 14 years of age are required to be registered but do not need to provide fingerprinting. #### Costs DHS recognizes that there are costs to aliens to",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-17fe3c0b9b02ec901552",
  "countryCode": "US",
  "country": "United States",
  "title": "Extension of the Designation of Sudan for Temporary Protected Status",
  "policyEffect": "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.",
  "operativeDate": "2025-04-20",
  "year": 2025,
  "affectedGroup": "Protection seekers / existing tps beneficiaries",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Asylum and protection / residence",
  "policyTool": "Temporary protected status (tps)",
  "sourceName": "Federal Register / U.S. Citizenship and Immigration Services",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/01/17/2025-00772/extension-of-the-designation-of-sudan-for-temporary-protected-status",
  "preciseCitation": "90 Fed. Reg. 5945 (Jan. 17, 2025)",
  "evidencePassage": "designation or extension, the secretary, after consultation with appropriate government agencies, must review the conditions in the foreign state to determine whether conditions for the TPS designation continue to be met. After this required review, the Department of Homeland Security extended TPS for Sudan for 18 months, from April 20, 2025, through Oct. 19, 2026. Individuals with a pending or approved TPS application may qualify for certain public benefits and REAL ID driver’s licenses and identification cards. When applying for a federal, state, or local government benefit, individuals will need to show a document proving they applied for or are beneficiaries of TPS for Sudan. They may provide a TPS Employment Authorization Document (EAD) with a category code of A12 or C19, or a copy of their Form I-797, Notice of Action, for a current Form I-821, Application for Temporary Protected Status. Given the time frames for processing TPS re-registration applications, USCIS has automatically extended through April 19, 2026, the validity of EADs with a Card Expires date of April 19, 2025; June 30, 2024; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; April 2, 2019; Nov. 2, 2018; or Nov. 2, 2017, issued under a prior TPS designation of Sudan. TPS Sudan applicants or beneficiaries presenting an EAD referenced in this Federal Register notice do not need to show any other document, such as a Form I-797 or I-797C, Notice of Action, to prove that they qualify for this automatic EAD extension. SAVE will be able to verify an individual’s TPS or pending TPS application (and any employment authorization) using information from any documents noted above. In some instances, the benefit-granting agency may need to institute additional verification to do so. For more information regarding",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-7d1fdabbd8495e5654d0",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS terminates CHNV categorical parole processes",
  "policyEffect": "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.",
  "operativeDate": "2025-04-24",
  "year": 2025,
  "affectedGroup": "Current holders",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian, work",
  "policyTool": "Eligibility",
  "sourceName": "Federal Register 90 FR 13611",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/03/25/2025-05128/termination-of-parole-processes-for-cubans-haitians-nicaraguans-and-venezuelans",
  "preciseCitation": "Federal Register 90 FR 13611. DHS terminates CHNV categorical parole processes. Effective 2025-04-24.",
  "evidencePassage": "13611 Document Number 2025-05128 Document Type Notice Pages 13611-13622 (12 pages) Publication Date 03/25/2025 Published Content - Document Details Document Dates Published Content - Document Dates Dates Text DHS is terminating the CHNV parole programs as of March 25, 2025. The temporary parole period of aliens in the United States under the CHNV parole programs and whose parole has not already expired by April 24, 2025 will terminate on that date unless the Secretary makes an individual determination to the contrary. Parolees without a lawful basis to remain in the United States following this termination … more details. Department of Homeland Security ACTION: Notice. SUMMARY: The Department of Homeland Security (“DHS”) is terminating the categorical parole programs for inadmissible aliens from Cuba, Haiti, Nicaragua, and Venezuela and their immediate family members (hereinafter referred to as “CHNV parole programs”) that DHS announced in 2022 and 2023. This Federal Register notice is intended to provide context and guidance to the public regarding the termination of the CHNV parole programs and related employment authorization. DATES: DHS is terminating the CHNV parole programs as of March 25, 2025. The temporary parole period of aliens in the United States under the CHNV parole programs and whose parole has not already expired by April 24, 2025 will terminate on that date unless the Secretary makes an individual determination to the contrary. Parolees without a lawful basis to remain in the United States following this termination of the CHNV parole programs must depart the United States before their parole termination date. FOR FURTHER INFORMATION CONTACT: Ihsan Gunduz, Border and Immigration Policy, Office of Strategy, Policy, and Plans, Department of Homeland Security, 2707 Martin Luther … above, between October 19, 2022, and January 22, 2025, approximately 532,000 inadmissible aliens received parole into the United States pursuant to the CHNV parole programs. DHS has determined that as one aspect of the termination of the CHNV parole programs, consistent with the Secretary's statutory and regulatory authority,[68] the parole of aliens who have been paroled into the United States under the CHNV parole programs and whose parole has not already expired by April 24, 2025 will terminate on that date unless the Secretary makes an individual determination to the contrary. Following this",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-1e20ac312142f9b4f5cc",
  "countryCode": "US",
  "country": "United States",
  "title": "Extension of South Sudan Designation for Temporary Protected Status",
  "policyEffect": "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.",
  "operativeDate": "2025-05-04",
  "year": 2025,
  "affectedGroup": "Current holders of south sudan tps and associated eads",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Humanitarian, work",
  "policyTool": "Status extension",
  "sourceName": "Federal Register 90 FR 19217",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2025/05/06/2025-07976.txt",
  "preciseCitation": "Federal Register 90 FR 19217. DHS automatically extends South Sudan TPS for six months. Effective 2025-05-04.",
  "evidencePassage": "The designation of South Sudan for Temporary Protected Status (TPS), which was set to expire on May 3, 2025, is automatically extended to November 3, 2025. … DATES: The six-month extension of South Sudan for TPS is effective May 4, 2025, and will remain in effect through November 3, 2025. … The extension allows existing TPS beneficiaries to retain TPS through November 3, 2025, if they otherwise continue to meet the eligibility requirements for TPS. … TPS remains available to otherwise qualified nationals of South Sudan (or in the case of an alien with no nationality, an alien who last habitually resided in South Sudan) who have been continuously residing in the United States since September 4, 2023. … As proof of continued employment authorization through November 3, 2025, TPS beneficiaries can show their EAD with a Category of A12 or C19 and a ``Card Expires'' date of May 3, 2025, or November 3, 2023.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-32d5e294d7d50a6121bf",
  "countryCode": "US",
  "country": "United States",
  "title": "ORR shortens refugee cash and medical assistance eligibility to four months",
  "policyEffect": "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.",
  "operativeDate": "2025-05-05",
  "year": 2025,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Humanitarian",
  "policyTool": "Benefits",
  "sourceName": "Federal Register 90 FR 13370",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/03/21/2025-04839/office-of-refugee-resettlement-notice-of-change-of-eligibility",
  "preciseCitation": "Federal Register 90 FR 13370. ORR shortens refugee cash and medical assistance eligibility to four months. Effective 2025-05-05.",
  "evidencePassage": "Children and Families (ACF), HHS. ACTION: Notice of change of eligibility period. ----------------------------------------------------------------------- SUMMARY: In accordance with ORR regulations, the Director of ORR is announcing the shortening of the Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA) eligibility period from 12 months to four months of assistance for participants who become eligible for ORR benefits 45 days after publication of this notice. For 30 years, ORR had not increased the RCA and RMA eligibility period. In 2022, during a surge in refugee admissions, ORR increased the eligibility period from eight months to 12 months. ORR has determined that it must shorten the RCA and RMA eligibility period to four months to avoid a significant budget shortfall. DATES: The changes described in this Federal Register notice are effective 45 days after the date of publication--exceeding the minimum permitted by 45 CFR 400.211(b). FOR FURTHER INFORMATION CONTACT: Colleen Mahar-Piersma, Refugee Policy Unit, Division of Policy and Procedures, Office of the Director, Office of Refugee Resettlement, Administration for Children and Families, by phone at (202) 260-5493, … eligibility period will only come into effect for those individuals who become eligible in the future. Refugees whose date of eligibility for ORR benefits is on or after 45 days following publication of this notice are subject to the shortened RCA and RMA eligibility period. (Authority: 45 CFR 400.211) Angie Salazar, Acting Director, Office of Refugee Resettlement. [FR Doc. 2025-04839 Filed 3-20-25; 8:45 am] BILLING CODE 4184-45-P </pre><script data-cfasync=\"false\" src=\"/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js\"></script></body> </html> ```",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-bc99f3a9c9db7017bc4c",
  "countryCode": "US",
  "country": "United States",
  "title": "President establishes Project Homecoming voluntary departure incentives",
  "policyEffect": "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.",
  "operativeDate": "2025-05-09",
  "year": 2025,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Other",
  "policyTool": "Entry exit",
  "sourceName": "Federal Register 90 FR 20357",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/05/14/2025-08673/establishing-project-homecoming",
  "preciseCitation": "Federal Register 90 FR 20357. President establishes Project Homecoming voluntary departure incentives. Effective 2025-05-09.",
  "evidencePassage": "resources and manpower. Therefore, the provision of financial incentives to encourage and assist aliens illegally in the country to elect to depart from the United States has the potential to save tremendous taxpayer resources, while restoring the sovereignty of our country. As President, it is my legal obligation to exercise all tools at my disposal to end this invasion, remove the illegal-alien invaders from the United States, and protect the American people. This proclamation establishes Project Homecoming, which will present illegal aliens with a choice: either leave the United States voluntarily, with the support and financial assistance of the Federal Government, or remain and face the consequences. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA) (8 U.S.C. 1101 et seq.), hereby proclaim and direct as follows: Section 1 . Free Return Home and CBP Home Application. (a) In furtherance of the purposes of this proclamation, and to facilitate the rapid departure of illegal aliens from the United States, I direct, pursuant to section 215(a)(1) of the INA (8 U.S.C. 1185(a)(1)), the Secretary of State and the Secretary of Homeland Security, in consultation with the heads of other relevant executive departments and agencies (agencies), to create seamless processes for illegal aliens to rapidly depart the United States, including through available technological resources, such as the “CBP Home” application. (b) Any flights provided to illegal aliens voluntarily and permanently departing the United States pursuant to processes established under subsection (a) of this section shall be funded by the Federal … Government. (c) In furtherance of the purposes of this proclamation, and to facilitate the rapid departure of illegal aliens from the United States, I direct, pursuant to section 215(a)(1) of the INA (8 U.S.C. 1185(a)(1)), the Secretary of State and the Secretary of Homeland Security to take all appropriate actions to enable the rapid departure of illegal aliens from the United States who ( printed page 20358) currently lack a valid travel document from their countries of citizenship or nationality or who desire to travel to any other country willing to accept their entry. (d) The Secretary of State and the Secretary of Homeland Security shall create a concierge service whereby any alien illegally present in the United States may arrive at an airport, with or without appropriate travel documents, book air travel to permanently relocate to a different country, and claim the exit bonus described in section 2 of this proclamation upon their successful return. Sec. 2 . Exit Bonus. In furtherance of the purposes of this proclamation, and to facilitate the rapid departure of illegal aliens from the United States, the Secretary of State and the Secretary of Homeland Security, in consultation with the heads of all relevant agencies, shall provide financial incentives in the form of an “exit bonus” for each illegal alien who voluntarily and permanently departs the United States. Sec. 3 . Penalties for Aliens Who Fail to Depart. (a) The Secretary of State and the Secretary of Homeland Security, in consultation with the heads of other relevant agencies, shall conduct a nationwide communications campaign to notify illegal aliens of the availability of cost-free travel to other countries; the exit bonus; and the sweeping consequences for those who choose to remain illegally present … and removal operations force of the Department of Homeland Security by no less than 20,000 officers in order to conduct an intensive campaign to remove illegal aliens who have failed to depart voluntarily. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of May, in the year of our Lord two thousand twenty-five, and of the Independence of the United States of America the two hundred and forty-ninth. [FR Doc. 2025-08673 Filed 5-13-25; 8:45 am] Billing code 3395-F4-P Published Document: 2025-08673 (90 FR 20357) Home Home Sections Money Environment World Science & Technology Business",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-ef586ff3b18dab4d210c",
  "countryCode": "US",
  "country": "United States",
  "title": "Termination of the Designation of Cameroon for Temporary Protected Status",
  "policyEffect": "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.",
  "operativeDate": "2025-08-04",
  "year": 2025,
  "affectedGroup": "Nationals of cameroon (and aliens having no nationality who last habitually resided in cameroon) who have been granted tps under cameroon's designation",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian, work",
  "policyTool": "Status extension",
  "sourceName": "Federal Register 90 FR 23697",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2025/06/04/2025-10236.txt",
  "preciseCitation": "Federal Register 90 FR 23697. DHS terminates Cameroon and Nepal TPS designations. Effective 2025-08-04.",
  "evidencePassage": "Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is terminating the designation of Cameroon for Temporary Protected Status (TPS). … The designation of Cameroon for TPS is terminated, effective at 11:59 p.m., local time, on August 4, 2025. … Based on my review, I have determined, in my discretion, that Cameroon no longer continues to meet the conditions for a designation for Temporary Protected Status (TPS) under INA section 244(b)(1)(A) or (C), 8 U.S.C. 1254a(b)(1)(A) or (C).",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-26a1c252fb01e242960e",
  "countryCode": "US",
  "country": "United States",
  "title": "State starts a temporary B-1/B-2 visa bond pilot",
  "policyEffect": "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.",
  "operativeDate": "2025-08-20",
  "year": 2025,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Visitor",
  "policyTool": "Eligibility",
  "sourceName": "Federal Register 90 FR 37378",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/08/05/2025-14826/visas-visa-bond-pilot-program",
  "preciseCitation": "Federal Register 90 FR 37378. State starts a temporary B-1/B-2 visa bond pilot. Effective 2025-08-20.",
  "evidencePassage": "rule. ----------------------------------------------------------------------- SUMMARY: In this temporary final rule (TFR), the Department of State (the Department) announces the commencement of a 12-month long visa bond pilot program. Aliens applying for visas as temporary visitors for business or pleasure (B-1/B-2) and who are nationals of countries identified by the Department as having high visa overstay rates, where screening and vetting information is deemed deficient, or offering Citizenship by Investment, if the alien obtained citizenship with no residency requirement, may be subject to … the pilot program. Consular officers may require covered nonimmigrant visa applicants to post a bond of up to $15,000 as a condition of visa issuance, as determined by the consular officers. DATES: This TFR and pilot program are effective August 20, 2025 until August 5, 2026. FOR FURTHER INFORMATION CONTACT: Visa Services Office, Bureau of Consular Affairs, Department of State; telephone (202) 485-7586, [email protected] . SUPPLEMENTARY INFORMATION: I. Summary This TFR establishes a visa bond pilot program (``Pilot Program'') under section 221(g)(3) of the Immigration and Nationality Act, as … Status and Departure Bond (Visa Bond) to be posted via www.Pay.Gov and accepted by the Department of State, and with the Department of the Treasury accepting all monies to be deposited in a Treasury-held Department of Homeland Security account for the Department of Homeland Security, as a condition of visa issuance, for certain visa applicants. (2) Visa Bond Pilot Program parameters. Under the Visa Bond Pilot Program, consular officers will require Visa Bonds to be posted by visa applicants who are applying for visas as temporary visitors for business or pleasure (B-1/B-2) and are nationals of a country that the Department identifies as: (i) Having high visa overstay rates; (ii) Deficient in its vetting and screening and vetting information; or (iii) Offering Citizenship by Investment, if the alien obtained citizenship with no residency requirement. Countries deemed to meet these criteria will be identified on the Department's website at www.travel.state.gov no less than 15 days prior to the initiation of the pilot program, and countries may be modified on a rolling basis. (3) Bond amount and visa validity. Consular officers will set the Visa Bond amount at $5,000, $10,000, or $15,000,",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "us-hr1-in-absentia-fee-20250908",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS begins assessing HR-1 fee for in-absentia removal followed by ICE arrest",
  "policyEffect": "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.",
  "operativeDate": "2025-09-08",
  "year": 2025,
  "affectedGroup": "Aliens ordered removed in absentia pursuant to section 240(b)(5) of the immigration and nationality act (ina) and subsequently arrested by u.s. immigration and customs enforcement (ice)",
  "materialConditionsAndExceptions": "Validated condition or limit: 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)",
  "policyCategory": "Other",
  "policyTool": "Fees",
  "sourceName": "Federal Register 90 FR 43223",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/09/08/2025-17221/certain-dhs-immigration-enforcement-related-fees-required-by-hr-1-reconciliation-bill",
  "preciseCitation": "Federal Register 90 FR43223–43224, FR Doc2025-17221, sectionII.A; September8,2025 assessment/collection notice",
  "evidencePassage": "``` <html> <head> <title>Federal Register, Volume 90 Issue 171 (Monday, September 8, 2025)</title> </head> <body><pre> [Federal Register Volume 90, Number 171 (Monday, September 8, 2025)] [Notices] [Pages 43223-43224] From the Federal Register Online via the Government Publishing Office [<a href=\"http://www.gpo.gov\">www.gpo.gov</a>] [FR Doc No: 2025-17221] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Certain DHS Immigration Enforcement-Related Fees Required by HR-1 Reconciliation Bill AGENCY: U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security. ACTION: Notice of Immigration Fees. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security (DHS) is announcing fees established in HR-1 for certain immigration-related violations. This notice announces the new immigration enforcement-related fees that are administered by DHS and provides notice to the public that DHS will begin assessing and collecting these fees in accordance with HR-1. DATES: This action is effective on September 8, 2025. FOR FURTHER INFORMATION CONTACT: Office of Regulatory Affairs and Policy, U.S. Immigration and Customs Enforcement, Department of Homeland Security, 500 12th Street SW, Washington, DC 20536; telephone (202) 732-6960 (not a toll-free call). SUPPLEMENTARY INFORMATION: I. Background and Authority On July 4, 2025, the President signed into law the One Big Beautiful Bill Act, Public Law 119-21, 139 Stat. 72 (HR-1). HR-1 was a comprehensive legislative package that changed many laws and added new laws that touch many areas of the United States Government.\\1\\ Among those changes, the law established several new immigration enforcement- related fees. The new immigration enforcement fees codified in HR-1 will be imposed on aliens in addition to any other fees authorized by law and by the Secretary of Homeland Security.\\2\\ --------------------------------------------------------------------------- \\1\\ See HR-1, Title X, Subtitle A, Part I, sections 100001 through 1000018. \\2\\ See Public Law 119-21, secs. 100016 and 100017. --------------------------------------------------------------------------- These fees are for Fiscal Year (FY) 2025 and are, as established by statute, subject to annual increases based on the Consumer Price Index for All Urban Consumers.\\3\\ The funds collected from these fees will be distributed to the appropriate agency or the U.S. Treasury as mandated by statute.\\4\\ --------------------------------------------------------------------------- \\3\\ See Public Law 119-21 secs. 100016(b)(2) and 100017(b)(2). \\4\\ See Public Law 119-21 secs. 100016(d) and 100017(d) regarding disposition. --------------------------------------------------------------------------- II. New Immigration Enforcement Fees This notice announces the imposition and collection of certain new immigration enforcement fees in accordance with the … fees will be levied against (a) aliens who are ordered removed in absentia pursuant to section 240(b)(5) of the Immigration and Nationality Act (INA) 8 U.S.C. 1229a(b)(5) and are subsequently arrested by U.S. Immigration and Customs Enforcement (ICE); and (b) inadmissible aliens who are apprehended between ports of entry. See Public Law 119-21 secs. 100016, 100017. These fees are not mutually exclusive, and aliens may be subject to the fees under both sections 100016 and 100017. DHS will individually notify aliens to whom these fees apply and, upon notification, provide instructions on how to pay the fees levied as of [September 8, 2025]. The HR-1 fees are meant to cover costs to DHS and are not a ``penalty.'' Therefore, the fee does not impact U.S. compliance with Article 31(1) of the 1951 Refugee Convention, as incorporated by the 1967 Refugee Protocol.\\5\\ --------------------------------------------------------------------------- \\5\\ Article 31(1) of the 1951 Refugee Convention provides, ``The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.'' Although the U.S. is not party to the 1951 Convention, it is party to the 1967 Protocol, which incorporates articles 2 to 34 of the Convention. See INS v. Stevic, 467 U.S. 407, 416 & n.9 (1984). Importantly, the term ``penalty'' in Article 31(1) is understood to mean a criminal sanction, such as imprisonment or a fine, Cazun v. U.S. Att'y Gen., 856 F.3d 249, 257 n. 16 (3d Cir. 2017), rather than a fee. --------------------------------------------------------------------------- A. Section 100016. Aliens Ordered Removed in Absentia Pursuant to INA Section 240(b)(5) and Subsequently Arrested by ICE An alien is ``ordered removed in absentia'' under section 240(b)(5) of the INA, 8 U.S.C. 1229a(b)(5), when the alien fails to attend removal proceedings after receiving written notice of the proceedings and DHS has established ``by clear, unequivocal, and convincing evidence that the written notice was so provided and that the alien is removable.'' \\6\\ As such, aliens who fall under INA 240(b)(5), 8 U.S.C. 1229a(b)(5), and are subsequently arrested by ICE are subject to the HR-1 fee, which is $5,000 for FY 2025. --------------------------------------------------------------------------- \\6\\ INA 240(b)(5), 8 U.S.C. 1229a(b)(5). --------------------------------------------------------------------------- HR-1 provides a single exception from this fee. HR-1 states that the ``fee described in this section shall not apply to any alien who was ordered removed in absentia if such order was rescinded pursuant to section 240(b)(5)(C), 8 U.S.C. 1229a(b)(5)(C).'' \\7\\ See Pub",
  "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "us-hr1-between-ports-fee-20250908",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS begins assessing HR-1 fee for inadmissible apprehension between ports",
  "policyEffect": "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.",
  "operativeDate": "2025-09-08",
  "year": 2025,
  "affectedGroup": "Inadmissible aliens who are apprehended between ports of entry",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Other",
  "policyTool": "Fees",
  "sourceName": "Federal Register 90 FR 43223",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2025/09/08/2025-17221.txt",
  "preciseCitation": "Federal Register 90 FR 43223. DHS implements HR-1 immigration enforcement fees. Effective 2025-09-08.",
  "evidencePassage": "This notice announces the new immigration enforcement-related fees that are administered by DHS and provides notice to the public that DHS will begin assessing and collecting these fees in accordance with HR-1. … DATES: This action is effective on September 8, 2025. … inadmissible aliens who are apprehended between ports of entry. … Aliens who are apprehended between ports of entry and determined to be inadmissible are subject to the HR-1 fee, which is $5,000 for FY 2025. … DHS will individually notify aliens to whom these fees apply and, upon notification, provide instructions on how to pay the fees levied as of [September 8, 2025].",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-40eeb71b606e38e12999",
  "countryCode": "US",
  "country": "United States",
  "title": "Termination of the Designation of Honduras for Temporary Protected Status",
  "policyEffect": "The Department of Homeland Security announces the termination of the Temporary Protected Status (TPS) designation for Honduras, effective September 8, 2025.",
  "operativeDate": "2025-09-08",
  "year": 2025,
  "affectedGroup": "Nationals of honduras (and aliens having no nationality who last habitually resided in honduras) who have been granted tps under honduras' designation",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian, work",
  "policyTool": "Status extension",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/07/08/2025-12621/termination-of-the-designation-of-honduras-for-temporary-protected-status",
  "preciseCitation": "",
  "evidencePassage": "Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is terminating the designation of Honduras for Temporary Protected Status (TPS). … The designation of Honduras for TPS is terminated effective at 11:59 p.m., local time, on September 8, 2025. … nationals of Honduras (and aliens having no nationality who last habitually resided in Honduras) who have been granted TPS under Honduras' designation will no longer have TPS. … DHS automatically extends the validity of certain EADs previously issued under the TPS designation of Honduras through September 8, 2025. Therefore, as proof of continued employment authorization through September 8, 2025, TPS beneficiaries can show their EADs that have the notation A-12 or C-19 under Category and a “Card Expires” date of January 5, 2018, July 5, 2018, January 5, 2020, January 4, 2021, October 4, 2021, December 31, 2022, June 30, 2024, and July 5, 2025.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-015c2df6872d0d3db2fe",
  "countryCode": "US",
  "country": "United States",
  "title": "President restricts entry of certain H-1B nonimmigrant workers",
  "policyEffect": "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.",
  "operativeDate": "2025-09-21",
  "year": 2025,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Work",
  "policyTool": "Fees",
  "sourceName": "Federal Register 90 FR 46027",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/09/24/2025-18601/restriction-on-entry-of-certain-nonimmigrant-workers",
  "preciseCitation": "Federal Register 90 FR 46027. President restricts entry of certain H-1B nonimmigrant workers. Effective 2025-09-21.",
  "evidencePassage": "this program has inflicted on our economic and national security demands an immediate response. I therefore find that the unrestricted entry into the United States of certain foreign workers who are described in section 1 of this proclamation would be detrimental to the interests of the United States because such entry would harm American workers, including by undercutting their wages. Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: **Section 1** . *Restriction on Entry*. (a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), [8 U.S.C. 1182(f)](https://www.govinfo.gov/link/uscode/8/1182) and [1185(a)](https://www.govinfo.gov/link/uscode/8/1185), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, [8 U.S.C. 1101(a)(15)(H)(i)(b)](https://www.govinfo.gov/link/uscode/8/1101), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000—subject to the exceptions set forth in subsection (c) of this section. This … restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2025. (b) The Secretary of Homeland Security shall restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers under section 101(a)(15)(H)(i)(b) of the INA, who are currently outside the United States, for 12 months following the effective date of this ( printed page 46029) proclamation as set forth in subsection (a) of this section. The Secretary of State shall also issue guidance,",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "us-hr1-i94-fee-20250930",
  "countryCode": "US",
  "country": "United States",
  "title": "CBP begins assessing additional HR-1 I-94 fee at land-border ports",
  "policyEffect": "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.",
  "operativeDate": "2025-09-30",
  "year": 2025,
  "affectedGroup": "Persons applying for form i-94 at land-border ports of entry, subject to existing i-94 exemptions",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Visitor, other",
  "policyTool": "Fees",
  "sourceName": "Federal Register 90 FR 42025",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2025/08/28/2025-16453.txt",
  "preciseCitation": "Federal Register 90 FR 42025. CBP implements HR-1 I-94, EVUS, and ESTA fee changes. Effective 2025-09-30.",
  "evidencePassage": "Accordingly, the total fee to apply for a CBP Form I-94 at a land border port of entry for FY 2025 is $30, consisting of the $6 land border fee and the HR-1 $24 fee. … CBP will begin assessing the new HR-1 fees described in this notice on September 30, 2025. … CBP issues an electronic CBP Form I-94 Arrival/Departure Record to all arriving aliens who are legally required to submit that form (unless otherwise exempted). … CBP will not assess a fee for aliens arriving at an air or sea port of entry because such aliens are not required to submit an application for a CBP Form I-94.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "us-hr1-evus-fee-20250930",
  "countryCode": "US",
  "country": "United States",
  "title": "CBP begins assessing HR-1 EVUS enrollment fee",
  "policyEffect": "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.",
  "operativeDate": "2025-09-30",
  "year": 2025,
  "affectedGroup": "Prc nationals with an approved u.s.-issued visa of a designated category enrolling in evus",
  "materialConditionsAndExceptions": "Validated condition or limit: From September 30, 2025, CBP began assessing a new $30 FY2025 EVUS enrollment fee, payable at enrollment in addition to other applicable fees.; its footnote specifies designated visas issued without restriction for maximum validity in a PRC-issued passport.",
  "policyCategory": "Visitor, other",
  "policyTool": "Fees",
  "sourceName": "Federal Register 90 FR 42025",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2025/08/28/2025-16453.txt",
  "preciseCitation": "Federal Register 90 FR 42025. CBP implements HR-1 I-94, EVUS, and ESTA fee changes. Effective 2025-09-30.",
  "evidencePassage": "CBP will begin assessing the new HR-1 fees described in this notice on September 30, 2025. … Pursuant to HR-1, the Secretary of Homeland Security must require the payment of a fee by any alien enrolling in EVUS. Public Law 119-21 sec. 100015. The alien must pay the fee at the time of enrollment. Id. For FY 2025, the statute sets a minimum fee of $30. See Public Law 119- 21 sec. 100015(b)(1). This $30 fee is in addition to any other fee applicable by law. … PRC nationals with an approved U.S.-issued visa of a designated category must enroll in EVUS and provide or update personal and travel information to receive a determination of travel eligibility. … EVUS is an online system currently used by nationals of the People's Republic of China (PRC) holding a 10-year B1/B2, B1 or B2 (visitor) visa to provide required information to the Department of Homeland Security (DHS) prior to travel to the United States. … In a Federal Register notice published on Oct. 20, 2016 (81 FR 72600), DHS identified the PRC as an EVUS country and designated B-1, B-2, and B-1/B-2 visas issued without restriction for the maximum validity period and contained in a passport issued by the PRC as designated visa categories for purposes of EVUS.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "us-hr1-esta-fee-20250930",
  "countryCode": "US",
  "country": "United States",
  "title": "CBP begins assessing increased HR-1 ESTA authorization fee",
  "policyEffect": "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.",
  "operativeDate": "2025-09-30",
  "year": 2025,
  "affectedGroup": "Visa waiver program travellers obtaining esta authorization for air, sea or land travel",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Visitor, other",
  "policyTool": "Fees",
  "sourceName": "Federal Register 90 FR 42025",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2025/08/28/2025-16453.txt",
  "preciseCitation": "Federal Register 90 FR 42025. CBP implements HR-1 I-94, EVUS, and ESTA fee changes. Effective 2025-09-30.",
  "evidencePassage": "CBP will begin assessing the new HR-1 fees described in this notice on September 30, 2025. … Section 100014 of Public Law 119-21 amended section 217(h)(3)(B) of the INA (8 U.S.C. 1187(h)(3)(B)) to increase the fee for the use of ESTA to $40. The minimum ESTA fee for FY 2025 is now $40. … ESTA is the online system through which aliens intending to enter the United States under the Visa Waiver Program (VWP) must obtain an electronic travel authorization in advance of travel to the United States. … Each alien intending to travel by air, sea, or land to the United States under the VWP must receive a travel authorization via ESTA prior to travel.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "repair-fcp-60ec24b9a3c0439a2afb",
  "countryCode": "US",
  "country": "United States",
  "title": "President sets FY2026 refugee admissions ceiling at 7,500",
  "policyEffect": "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.",
  "operativeDate": "2025-09-30",
  "year": 2025,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Humanitarian",
  "policyTool": "Cap quota",
  "sourceName": "Federal Register 90 FR 49005",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/10/31/2025-19752/presidential-determination-on-refugee-admissions-for-fiscal-year-2026",
  "preciseCitation": "Federal Register 90 FR 49005. President sets FY2026 refugee admissions ceiling at 7,500. Effective 2025-10-01.",
  "evidencePassage": "sident by the Constitution and the laws of the United States, in accordance with section 207 of the Immigration and Nationality Act ([8 U.S.C. 1157](https://www.govinfo.gov/link/uscode/8/1157)), and after appropriate consultations with the Congress, I hereby make the following determinations and authorize the following actions: The admissions of up to 7,500 refugees to the United States during Fiscal Year 2026 is justified by humanitarian concerns or is otherwise in the national interest. The admissions numbers shall primarily be allocated among Afrikaners from South Africa pursuant to [Execut … ive Order 14204](https://www.federalregister.gov/executive-order/14204), and other victims of illegal or unjust discrimination in their respective homelands. Refugee admissions under this determination, which may reach but not exceed the numerical limit described herein, are in all respects subject to the requirements of other Presidential policies and actions, whether issued prior or subsequent to this determination. Those Presidential policies and actions include, but are not limited to: [Executive Order 14161](https://www.federalregister.gov/executive-order/14161), which mandates that refug … ees receive the most stringent identification verification of any class of alien seeking admission or entry to the United States; [Executive Order 14163](https://www.federalregister.gov/executive-order/14163), which suspends the entry into the United States of refugees other than when the Secretaries of State and Homeland Security jointly determine that an admission is in the national interest and does not threaten the security or welfare of the United States; [Executive Order 14204](https://www.federalregister.gov/executive-order/14204), which provides for refugee resettlement of Afrikaners f … s://www.federalregister.gov/reader-aids/using-federalregister-gov/understanding-public-inspection).Public Inspection Published Document: 2025-19752 (90 FR 49005) This document has been published in the *Federal Register*. Use the PDF linked in the document sidebar for the official electronic format. Presidential Determination No. 2025-13 of September 30, 2025 # Presidential Determination on Refugee Admissions for Fiscal Year 2026 # Memorandum for the Secretary of State\\[,] the Secretary of Homeland Security\\[, and] the Secretary of Health and Human Services By the authority vested in me as Pre … rom South Africa who are victims of unjust racial discrimination; and Proclamation 10949, which restricts the entry of certain foreign nationals whose admission would be detrimental to the national interest. ( printed page 49006) The Secretary of State is authorized and directed to publish this determination in the *Federal Register*. [![](https://img.federalregister.gov/TRUMP/TRUMP_original_size.png)](https://img.federalregister.gov/TRUMP/TRUMP_original_size.png) THE WHITE HOUSE, Washington, September 30, 2025 \\[[FR Doc. 2025-19752](https://www.federalregister.gov/d/2025-19752) Filed 10-30-25",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-7b753ebb5749bfde2b04",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS permits earlier electronic filing of certain H-2A petitions",
  "policyEffect": "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.",
  "operativeDate": "2025-10-02",
  "year": 2025,
  "affectedGroup": "H-2a petitioners seeking unnamed beneficiaries who file electronically",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Work",
  "policyTool": "Processing",
  "sourceName": "govinfo.gov",
  "sourceUrl": "https://www.govinfo.gov/content/pkg/FR-2025-10-02/html/2025-19235.htm",
  "preciseCitation": "",
  "evidencePassage": "An H-2A petition requesting unnamed beneficiaries may be filed electronically after DOL issues a notice of acceptance and before DOL approves the underlying application for temporary agricultural labor certification. … DATES: This final rule is effective on October 2, 2025. … when an H-2A petitioner electronically files a Petition for a Nonimmigrant Worker requesting unnamed beneficiaries. … Petitioners seeking concurrent processing under this rule must provide on the H-2A petition the ETA case number for the underlying TLC application … If applicable, USCIS will make necessary modifications to the concurrently processed H-2A petition to reflect any modifications made by DOL to the application for temporary agricultural labor certification after issuance of the notice of acceptance and before certification. The temporary agricultural labor certification must be approved by DOL before USCIS may approve the H-2A petition, provided that all other statutory and regulatory requirements are met. 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.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-5a302d0eddbffcf73a36",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS removes automatic extensions for most renewal EAD filings",
  "policyEffect": "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.",
  "operativeDate": "2025-10-30",
  "year": 2025,
  "affectedGroup": "Current holders",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Work, humanitarian, family, residence, other",
  "policyTool": "Work rights",
  "sourceName": "Federal Register 90 FR 48799",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/10/30/2025-19702/removal-of-the-automatic-extension-of-employment-authorization-documents",
  "preciseCitation": "Federal Register 90 FR 48799. DHS removes automatic extensions for most renewal EAD filings. Effective 2025-10-30.",
  "evidencePassage": "Department of Homeland Security 8 CFR Part 274a [CIS No. 2826-25; DHS Docket No. USCIS-2025-0271] RIN 1615-AD05 ( printed page 48799) AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Interim final rule (“IFR”) with request for comments. SUMMARY: This IFR amends DHS regulations to end the practice of automatically extending the validity of employment authorization documents (Forms I-766 or EADs) for aliens who have timely filed an application to renew their EAD in certain employment authorization categories. The purpose of this change is to prioritize … the homeland.” C. Summary of the Regulatory Action This IFR makes the following changes: DHS is revising the heading of8 CFR 274a.13(d), to clearly indicate that the up-to 540-day automatic extension period only applies to renewal EAD applications filed before October 30, 2025. DHS makes no other changes to this paragraph. DHS is adding new8 CFR 274a.13(e). The new provision explains that, unless otherwise provided in 8 CFR 274a.13(d), by law, or through a Federal Register notice for Temporary Protected Status (TPS)-related employment documentation, the validity period of an expired or expiring Employment Authorization Document and/or employment authorization will not be automatically extended by a renewal EAD application filed on or after October 30, 2025. This IFR does not impact automatic extensions of EADs and/or employment authorization provided by law or Federal Register notices, such as those for TPS applicants and beneficiaries pursuant to section 244 of the Act, 8 U.S.C. 1254a, and 8 CFR part 244. III. Background & Purpose A. Legal Authority The Secretary of Homeland Security's (Secretary) authority for the regulatory amendments made in this IFR are found in various sections … applicable, merit a favorable exercise of discretion, for employment authorization before such authorization is provided to the alien. E. Description of Regulatory Changes: Adding New 8 CFR 274a.13(e) and Modifying the Heading of 8 CFR 274a.13(d) 1. Adding New 8 CFR 274a.13(e) With this IFR, DHS is amending 8 CFR 274a.13 to add a new paragraph (e) that will be in effect immediately with the publication of this rule. With the new paragraph, DHS is eliminating the practice of providing automatic extension periods for EAD validity and/or employment authorization for up to 540 days for renewal applications filed on or after October 30, 2025. Therefore, renewal EAD applicants will no longer receive an up to 540-day automatic extension of their EAD and/or employment authorization if they file their application on or after October 30, 2025. See new8 CFR 274a.13(e). Except as otherwise provided by law, in 8 CFR 274a.13(d), or in accordance with applicable Federal Register notice regarding procedures for renewing TPS-related employment documentation, an alien's EAD validity and/or an alien's attendant employment authorization will expire as follows: For those aliens who are employment authorized incident",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-20f12bd6ac7a9c1757ed",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS terminates the 2021 Venezuela TPS designation",
  "policyEffect": "DHS terminated the 2021 Venezuela TPS designation, with termination effective November 7, 2025.",
  "operativeDate": "2025-11-07",
  "year": 2025,
  "affectedGroup": "Current holders",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian, work",
  "policyTool": "Status extension",
  "sourceName": "Federal Register 90 FR 43225",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/09/08/2025-17087/termination-of-the-2021-designation-of-venezuela-for-temporary-protected-status",
  "preciseCitation": "Federal Register 90 FR 43225. DHS terminates the 2021 Venezuela TPS designation. Effective 2025-11-07.",
  "evidencePassage": "Designation of Venezuela for Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Notice. ----------------------------------------------------------------------- [[Page 43226]] SUMMARY: Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is terminating the 2021 designation of Venezuela for Temporary Protected Status (TPS). The 2021 designation of Venezuela is set to expire on September 10, 2025. After reviewing country conditions and consulting with … appropriate U.S. Government agencies, the Secretary determined that Venezuela no longer continues to meet the conditions for the 2021 designation for Temporary Protected Status. The Secretary, therefore, is terminating the 2021 Temporary Protected Status designation of Venezuela as required by statute. This termination is effective November 7, 2025. After November 7, 2025, nationals of Venezuela (and aliens having no nationality who last habitually resided in Venezuela) who have been granted Temporary Protected Status under Venezuela's 2021 designation will no longer have Temporary Protected Status … orderly transition'' period with respect to the termination and the expiration of any Temporary Protected Status-related documentation, such as EADs. The Secretary has determined, in her discretion, that a 60-day transition period is sufficient and warranted here given the Secretary's finding that continuing to permit the Venezuelan nationals to remain temporarily in the United States is contrary to the U.S. national interest. See INA sec. 244(d)(3), 8 U.S.C. 1254a(d)(3). Accordingly, the termination of the 2021 Venezuela TPS designation will be effective 60 days from this notice's publication date … permitting the nationals of Venezuela (and aliens having no nationality who last habitually resided in Venezuela) to remain temporarily in the United States is contrary to the national interest of the United States. Based on my review, I have determined that Venezuela no longer continues to meet the conditions for Temporary Protected Status under INA Section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). Accordingly, I order as follows: (1) Pursuant to INA Section 244(b)(3)(B), 8 U.S.C. 1254a(b)(1)(B), and considering INA Section 244(d)(3), 8 U.S.C. 1254a(d)(3), the 2021 designation of Venezuela for Temporary Protected Status is terminated effective at 11:59 p.m., local time, on November 7, 2025. (2) Information concerning the termination of Temporary Protected Status for nationals of Venezuela (and aliens having no nationality who last habitually resided in Venezuela) under the 2021 designation will be available at local USCIS offices upon publication of this notice and through the USCIS Contact Center at 1-800-375-5283. This information will also be published on the USCIS website at <a href=\"http://www.uscis.gov\">www.uscis.gov</a>. Kristi Noem, Secretary of Homeland Security. [FR Doc. 2025",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-533fcece0f7c14cc6641",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS finalizes biometric entry and exit collection for aliens",
  "policyEffect": "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.",
  "operativeDate": "2025-12-26",
  "year": 2025,
  "affectedGroup": "",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Visitor, study, work, family, residence, other",
  "policyTool": "Entry exit",
  "sourceName": "Federal Register 90 FR 48604",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/10/27/2025-19655/collection-of-biometric-data-from-aliens-upon-entry-to-and-departure-from-the-united-states",
  "preciseCitation": "Federal Register 90 FR 48604. DHS finalizes biometric entry and exit collection for aliens. Effective 2025-12-26.",
  "evidencePassage": "This final rule amends Department of Homeland Security (DHS) regulations to provide that DHS may require all aliens to be photographed when entering or exiting the United States, and may require non-exempt aliens to provide other biometrics. The final rule also amends the regulations to remove the references to pilot programs and the port limitation to permit collection of biometrics from aliens departing from airports, land ports, seaports, or any other authorized point of departure. In addition, DHS is requesting comments on the specific collection process as well as costs and benefits for new … be required to be photographed to determine the alien's identity, admissibility, and whether immigration status in the United States has been properly maintained. Like the collection of photographs upon departure, the exemptions provided in 8 CFR 235.1(f)(1)(ii), redesignated as 8 CFR 235.1(f)(1)(iii) and revised by this final rule, will no longer pertain to the collection of photographs from aliens seeking admission and will only apply to the collection of other biometrics. As noted above, DHS is retaining the exemptions in 8 CFR 215.8 and 235.1(f) [41] for the collection of biometrics other … Departing the United States and Other Minor Conforming and Editorial Changes DHS is amending 8 CFR 215.8(a) to expand where the collection of biometrics may be required. Prior to the effective date of this final rule, 8 CFR 215.8(a)(1) provided that biometrics may be collected from aliens only when departing “the United States from a designated port of entry.” As described above, this final rule adds new paragraph 8 CFR 215.8(a)(1) and redesignates 8 CFR 215.8(a)(1) as 8 CFR 215.8(a)(2). Both new paragraph 8 CFR 215.8(a)(1) and redesignated paragraph 8 CFR 215.8(a)(2) now provide that biometrics may be collected from aliens “when departing the United States” from any location. This amendment is necessary to allow for the collection of biometrics from individuals upon departure at locations other than from a designated port of entry.[42] Although the majority of travelers depart the United States from a designated port of entry, a few travelers depart the country from locations that are not designated as ports of entry, including airports such as Ronald Reagan Washington National Airport [43] as well as other locations such as pleasure boat docks that are not designated ports of entry. … To ensure the implementation of a biometric entry-exit system that tracks all individuals departing the United States, DHS may require aliens to provide biometrics upon departure from designated ports of entry or from any other location. In addition, DHS is making certain minor conforming and editorial changes in 8 CFR 215.8 and 235.1(f). In 8 CFR 215.8, DHS is redesignating paragraphs (a)(1) and (2) as paragraphs (a)(2) and (3), and revising cross-references and adding paragraph headings as necessary. In § 235.1(f), DHS is redesignating paragraphs (f)(1)(ii), (iii), and (iv) as paragraphs (f)",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-993766728d6bb1f9f328",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS applies FY2026 inflation adjustments to HR-1 parole, I-94, ESTA, and EVUS fees",
  "policyEffect": "DHS announced FY2026 inflation-adjusted HR-1 fees for parole, I-94, ESTA, and EVUS, with the adjusted amounts assessed beginning January 1, 2026.",
  "operativeDate": "2026-01-01",
  "year": 2026,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian, work, other",
  "policyTool": "Fees",
  "sourceName": "Federal Register 90 FR 52085",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/11/19/2025-20304/certain-dhs-immigration-fees-required-by-hr-1-fiscal-year-2026-adjustments-for-inflation",
  "preciseCitation": "Federal Register 90 FR 52085. DHS applies FY2026 inflation adjustments to HR-1 parole, I-94, ESTA, and EVUS fees. Effective 2026-01-01.",
  "evidencePassage": "adjustments. This notice states the FY 2026 rates for the HR-1 parole, I-94, ESTA, and EVUS fees (collectively, the HR-1 fees). Generally, HR-1 requires the multiplication of an HR-1 fee or a portion of an HR-1 fee from the prior FY by the percentage, if any, by which the CPI-U for the month of July preceding the date on which the adjustment takes effect exceeds the CPI-U for the July of the preceding calendar year (the inflation adjustment). In July 2024, the CPI-U was 314.540, and in July 2025, the CPI-U was 323.048. Therefore, between July 2024 and July 2025, the CPI-U increased by 2.70 percent.\\5\\ To determine the total HR-1 fee for each FY, the inflation adjustment is then added to the HR-1 fee or portion of the HR-1 fee used in the calculation of the inflation adjustment, pursuant to the statutorily prescribed formula. The specifics of the statutory inflation adjustment formulas differ for each HR-1 fee. The following table provides a summary of the inflation-adjusted FY 2026 HR-1 fees described in this notice --------------------------------------------------------------------------- \\5\\ Bureau of Labor Statistics, Consumer Price Index--July 2025, August 12, 2025, <a href=\"https://www.bls.gov/news.release/archives/cpi_08122025.htm\">https://www.bls.gov/news.release/archives/cpi_08122025.htm</a> (last visited Oct. 21, 2025). --------------------------------------------------------------------------- [[Page 52086]] and the following subsections further detail the HR-1 inflation adjustment requirements. Certain FY 2026 Fees, as Required by HR-1 ---------------------------------------------------------------------------------------------------------------- Total FY 2025 FY 2026 Total FY 2026 HR-1, Public Law 119-21 (139 Action fee (existing inflation fee (revised Stat. 72) section fee) adjustment fee) ---------------------------------------------------------------------------------------------------------------- 100004........................... Parole into the United $1,000 +$20 $1,020 States. 100008........................... Application for CBP Form 30 \\6\\ +0 \\7\\ 30 I-94 at land border ports of entry. 100014........................... ESTA authorization....... 40 +0.27 \\8\\ 40.27 100015........................... EVUS enrollment.......... 30 +0.75 30.75 -------------------------------------------------------------------------------------------------------------",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-4ea1a360443cf4d54435",
  "countryCode": "US",
  "country": "United States",
  "title": "Precedent Designation of In Absentia Removal Notice Standards (Matter of Laparra-Deleon)",
  "policyEffect": "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",
  "operativeDate": "2026-01-09",
  "year": 2026,
  "affectedGroup": "Noncitizens in removal proceedings facing in absentia removal orders",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Legal status / removal proceedings / enforcement",
  "policyTool": "Binding administrative precedent / removal standards",
  "sourceName": "justice.gov",
  "sourceUrl": "https://justice.gov/eoir/media/1423351/dl?inline=",
  "preciseCitation": "Matter of Sergio Rodolfo LAPARRA-DELEON, 29 I&N Dec. 389 (BIA 2026); Attorney General Order No. 6581-2026",
  "evidencePassage": "Pursuant to Order No. 6581-2026, dated January 9, 2026, the Attorney General designated the Board’s decision in Matter of Laparra-Deleon (BIA Dec. 17, 2025), as precedent in all proceedings involving the same issue or issues. See 8 C.F.R. § 1003.1(g)(3) (2025). Editorial changes have been made consistent with the designation of the case as a precedent.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-5c2c1124e91fc95f6180",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS terminates family reunification parole programs",
  "policyEffect": "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.",
  "operativeDate": "2026-01-14",
  "year": 2026,
  "affectedGroup": "Current holders",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Family, humanitarian, work",
  "policyTool": "Eligibility",
  "sourceName": "Federal Register 90 FR 58032",
  "sourceUrl": "https://www.federalregister.gov/documents/2025/12/15/2025-22744/termination-of-family-reunification-parole-processes-for-colombians-cubans-ecuadorians-guatemalans",
  "preciseCitation": "Federal Register 90 FR 58032. DHS terminates family reunification parole programs. Effective 2026-01-14.",
  "evidencePassage": "Colombians, Cubans, Ecuadorians, Guatemalans, Haitians, Hondurans, and Salvadorans ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security (``DHS'') is terminating the categorical parole processes for aliens from Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, and their immediate family members, under the Family Reunification Parole processes announced, or updated, by DHS in 2023 (hereinafter referred to as ``modernized FRP programs''). DHS is also terminating the residual processing of legacy cases under the Cuban Family Reunification Parole program (``legacy CFRP'') and the Haitian Family Reunification Parole program (``legacy HFRP'') first implemented by USCIS in 2007 and 2014, respectively (collectively, the ``legacy FRP programs''). This Federal Register notice is intended to provide context and guidance to the public regarding the termination of all nine programs (hereinafter ``the FRP programs''), termination of parole for aliens paroled under the FRP programs, and revocation of employment authorization based on being an alien paroled under the FRP programs. DATES: DHS is terminating … the FRP programs as of December 15, 2025. The temporary parole period of aliens who have been paroled into the United States under the FRP programs, and whose initial period of parole has not already expired by January 14, 2026 will terminate on that date. There are two circumstances where an alien's parole will not terminate: (1) the alien filed a Form I-485, Application to Register Permanent Residence or Adjust Status, that is postmarked or electronically filed as of December 15, 2025 that is still pending adjudication as of December [[Page 58033]] 15, 2025; or (2) the Secretary of Homeland … addition to any continued processing under the legacy FRP programs, by publishing this single notice in the Federal Register. Consistent with the Secretary's statutory and regulatory authority, the parole of all aliens who have been paroled into the United States under the FRP programs described in this notice, and whose initial period of parole has not already expired by January 14, 2026, will terminate on that date, subject to certain exceptions. --------------------------------------------------------------------------- \\7\\ Compare, e.g., 88 FR at 43593-43596, with 88 FR at 78765- 78768, 72",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-4399a27ccd779b48f8de",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS and DOL add 64,716 H-2B visas for FY2026",
  "policyEffect": "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.",
  "operativeDate": "2026-01-30",
  "year": 2026,
  "affectedGroup": "American businesses suffering or facing impending irreparable harm",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Work",
  "policyTool": "Cap quota",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/2026/02/03/2026-02131/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2026-numerical-limitation-for-the",
  "preciseCitation": "https://www.federalregister.gov/documents/2026/02/03/2026-02131/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2026-numerical-limitation-for-the; https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers",
  "evidencePassage": "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. … All of these supplemental visas will be available only to those American businesses that are suffering or will suffer impending irreparable harm, i.e., those facing permanent and severe financial loss, as attested by the employer. … These supplemental visas will be distributed in three allocations based on the petitioner's start date of need through the end of the fiscal year: (1) 18,490 immediately available visas limited to returning workers, that is, aliens who were issued an H-2B visa or otherwise granted H-2B status in FY 2023, 2024, or 2025, and who will be available for eligible employers with a need for workers to begin work between January 1, 2026 through March 31, 2026. Employers must file these petitions no later than 14 days after the second half of the statutory cap is reached; (2) 27,736 visas, plus any unused visas from the first allocation, limited to returning workers, that is, aliens who ( printed page 5041) were issued an H-2B visa or otherwise granted H-2B status in FY 2023, 2024, or 2025, and who will be available for eligible employers with a need for workers to begin work between April 1, 2026 and April 30, 2026. Employers must file these petitions no earlier than 15 days after the second half of the statutory cap [1] is reached; and (3) 18,490 visas, plus any unused visas from the first or second allocations, for aliens who will be available for eligible employers with a need for workers to begin work between May 1, 2026 and September 30, 2026. These petitions are exempt from the returning worker requirement. Employers must file these petitions no earlier than 45 days after the second half of the statutory cap is reached.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-3aabad54e82d9c81f8c4",
  "countryCode": "US",
  "country": "United States",
  "title": "Rescission of Suspension of Direct Commercial Passenger and Cargo Flights Between the United States and Venezuela",
  "policyEffect": "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",
  "operativeDate": "2026-04-15",
  "year": 2026,
  "affectedGroup": "Air travelers and commercial carriers operating between the u.s. and venezuela",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Border controls / transport & air transit regulations",
  "policyTool": "Regulatory rescission",
  "sourceName": "Federal Register",
  "sourceUrl": "https://govinfo.gov/content/pkg/FR-2026-04-17/pdf/2026-07511.pdf",
  "preciseCitation": "91 FR 20698, Doc. No. 2026-07572 (Apr. 17, 2026)",
  "evidencePassage": ",161–62 (Apr. 8, Consistent with the President’s that information on this matter can be 2025). The target date was extended to direction and the changed conditions in obtained by contacting the May 13, 2026. Venezuela, DHS is rescinding its Commission’s TDD terminal on (202) On April 4, 2025, claims 19 and 20 of previous determination and related 205–1810. the 758 patent were terminated from the requirements suspending all direct SUPPLEMENTARY INFORMATION: The investigation based on withdrawal of commercial passenger and cargo flights Commission instituted this investigation the complaint. Order No. 11 (Mar. 17, on December 11, 2024, based on a 2025), unreviewed by Comm’n Notice khammond on DSK9W7S144PROD with NOTICE between the United States and Venezuela. As noted above, TSA will complaint filed on behalf of Cricut, Inc. (Apr. 4, 2025). continue assessing security at (‘‘Cricut’’) of South Jordan, Utah. 89 FR The Vevor Respondents and Venezuelan airports on an individual 99,905–06 (Dec. 11, 2024). The Konduone were found in default basis concerning the possible future complaint, as supplemented, alleges pursuant to 19 CFR 210.16. Order No. commencement of commercial flight violations",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-c3750263dcd2b3820bba",
  "countryCode": "US",
  "country": "United States",
  "title": "Non-Cognizability of Domestic Violence Particular Social Groups and Standard for Marriage Validity (Matter of V-A-B-)",
  "policyEffect": "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",
  "operativeDate": "2026-05-08",
  "year": 2026,
  "affectedGroup": "Applicants for asylum and withholding of removal asserting domestic-violence-based particular social groups",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Humanitarian / asylum and withholding of removal",
  "policyTool": "Binding administrative precedent / adjudication criteria",
  "sourceName": "justice.gov",
  "sourceUrl": "https://justice.gov/eoir/media/1439986/dl",
  "preciseCitation": "Matter of V-A-B-, 29 I&N Dec. 621 (BIA 2026)",
  "evidencePassage": "Cite as 29 I&N Dec. 621 (BIA 2026) Interim Decision #4192 Matter of V-A-B-, Applicant Decided May 8, 2026 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) The proposed particular social group defined as “married Mexican women who are unable to leave their relationship” is not cognizable under the Immigration and Nationality Act because it is circularly defined and lacks particularity. (2) The existence of a lawful marriage cannot be presumed simply because two persons are cohabitating or have children in common. FOR THE APPLICANT: Gina M. Fraga … marriage is generally determined by the law of the place of the celebration.” Matter of Da Silva, 15 I&N Dec. 778, 779 (BIA 1976). Thus, when determining whether a person is or was married, the Immigration Judge must, at a minimum, determine the place of the alleged marriage, the date of the alleged marriage, and the applicable law existing at the time and place of the claimed marriage. The Immigration Judge must then determine whether the applicant was married under the applicable law and, if so, the dates the marriage existed. The existence of a lawful marriage cannot be presumed simply because",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "repair-fcp3-61b338a6570bb47cb37d",
  "countryCode": "US",
  "country": "United States",
  "title": "President issues emergency FY2026 refugee admissions determination",
  "policyEffect": "The President issued an emergency determination on refugee admissions for FY2026, modifying refugee admissions policy after the October 2025 annual determination.",
  "operativeDate": "2026-05-21",
  "year": 2026,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: The President issued an emergency determination on refugee admissions for FY2026, modifying refugee admissions policy after the October 2025 annual determination.",
  "policyCategory": "Humanitarian",
  "policyTool": "Cap quota",
  "sourceName": "Federal Register 91 FR 31645",
  "sourceUrl": "https://www.federalregister.gov/documents/2026/05/27/2026-10598/emergency-presidential-determination-on-refugee-admissions-for-fiscal-year-2026",
  "preciseCitation": "Federal Register 91 FR 31645. President issues emergency FY2026 refugee admissions determination. Effective 2026-05-27.",
  "evidencePassage": "ent of racially motivated violence on the part of the Government of South Africa and leaders of prominent political parties in South Africa, as well as new disruptions of United States Refugee Admissions Program operations in South Africa. I hereby determine that the admission to the United States of Afrikaners from South Africa in response to this emergency is justified by the grave humanitarian concerns and is otherwise in the national interest, that the admission of these refugees cannot be accomplished under the refugee ceiling of 7,500 for Fiscal Year 2026 as authorized in PD 2025-13, and … that an increase in the ceiling to 17,500 is warranted. The additional admissions shall be allocated among Afrikaners from South Africa, consistent with the directives in [Executive Order 14204](https://www.federalregister.gov/executive-order/14204). Refugee admissions under this determination, which may reach but not exceed the numerical limit described herein, are in all respects subject to the requirements of other Presidential policies and actions, whether issued prior or subsequent to this determination. Those Presidential policies and actions include, but are not limited to: [Executive … 09-title44-chap15.htm).** Learn more [here](https://www.federalregister.gov/reader-aids/using-federalregister-gov/understanding-public-inspection).Public Inspection Published Document: 2026-10598 (91 FR 31645) This document has been published in the *Federal Register*. Use the PDF linked in the document sidebar for the official electronic format. Presidential Determination No. 2026-14 of May 21, 2026 # Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2026 # Memorandum for the Secretary of State\\[,] the Secretary of Homeland Security\\[, and] the Secretary of Health and … ve Order 14204](https://www.federalregister.gov/executive-order/14204), may, if otherwise qualified, be considered refugees for the purpose of admission to the United States within their countries of nationality or habitual residence. ( printed page 31646) The Secretary of State is authorized and directed to publish this determination in the *Federal Register*. [![](https://img.federalregister.gov/TRUMP/TRUMP_original_size.png)](https://img.federalregister.gov/TRUMP/TRUMP_original_size.png) THE WHITE HOUSE, Washington, May 21, 2026 \\[[FR Doc. 2026-10598](https://www.federalregister.gov/d/2026-",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-5e67b6d9ae29d1674e8f",
  "countryCode": "US",
  "country": "United States",
  "title": "USCIS Highlights Temporary Nonimmigrant Status as Negative Discretionary Factor in Adjustment of Status",
  "policyEffect": "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.",
  "operativeDate": "2026-05-21",
  "year": 2026,
  "affectedGroup": "Nonimmigrants (excluding dual-intent categories) and parolees applying for adjustment of status (Form I-485)",
  "materialConditionsAndExceptions": "Does not apply to nonimmigrant categories with dual intent (such as H-1B or L-1) or immigrant categories where adjustment of status is the sole pathway or non-discretionary.",
  "policyCategory": "Adjudication",
  "policyTool": "Guidance",
  "sourceName": "USCIS",
  "sourceUrl": "https://uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf",
  "preciseCitation": "USCIS Policy Memorandum PM-602-0199, May 21, 2026, pp. 4-5",
  "evidencePassage": "Generally, when a nonimmigrant or parolee fails to depart as required and instead seeks adjustment of status, it contravenes these Congressional expectations, though USCIS acknowledges exceptions including nonimmigrant categories with dual intent and immigrant categories where only adjustment of status provides a pathway to permanent resident status.",
  "reviewMethod": "Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-12870cccd3659458f762",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS codifies USCIS HR-1 immigration fees and related procedures",
  "policyEffect": "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.",
  "operativeDate": "2026-05-29",
  "year": 2026,
  "affectedGroup": "New applicants",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Humanitarian, work, visitor, other",
  "policyTool": "Fees",
  "sourceName": "Federal Register 91 FR 22952",
  "sourceUrl": "https://www.federalregister.gov/documents/2026/04/29/2026-08333/uscis-immigration-fees-and-related-procedures-required-by-hr1-reconciliation-bill",
  "preciseCitation": "Federal Register 91 FR 22952. DHS codifies USCIS HR-1 immigration fees and related procedures. Effective 2026-05-29.",
  "evidencePassage": "2841-26; DHS Docket No. USCIS-2026-0133] RIN 1615-AD09 USCIS Immigration Fees and Related Procedures Required by H.R.1 Reconciliation Bill AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Interim final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: The U.S. Department of Homeland Security (DHS) issues this interim final rule (IFR) to codify certain immigration fees and other provisions required by the One Big Beautiful Bill Act (H.R.1). This IFR amends U.S. Citizenship and Immigration Services … (USCIS) regulations to codify: the asylum and annual asylum fees, including the consequences of non-payment of these fees; the new Form I-94 fee requirement; the validity period for certain types of employment authorization; and the retention of the Form I-589 filing fee for every application. DATES: This interim final rule is effective May 29, 2026. DHS invites public comment on all aspects of this interim final rule; written comments must be submitted on this interim final rule on or before June 29, 2026. ADDRESSES: You may submit comments on the entirety of this interim final rule package, … docket to be notified when comments are posted or a final rule is published. II. Executive Summary A. Purpose of the Regulatory Action On July 4, 2025, the President signed into law H.R.1--One Big Beautiful Bill Act, Public Law 119-21, 139 Stat. 72 (``H.R.1''). H.R.1 was a comprehensive legislative package that changed many laws and added new laws that touch many areas of the United States government. Among those changes, the law established several new provisions and fees to the Immigration and Nationality Act (INA). See H.R.1, Title X, Subtitle A, Part I, Sections 100001 through 1000018. This IFR codifies several of the H.R.1 immigration fee provisions and other limitations on aliens. Specifically, the IFR does the following: (1) codification in the Code of Federal Regulations (CFR) of the Form I-94 fee requirement set forth in 8 U.S.C. 1807 as it applies to USCIS; (2) codification of the Annual Asylum Fee (AAF) requirement in 8 U.S.C. 1808, including consequences for failure to pay the AAF and limitations related to employment authorization required by 8 U.S.C. 1810(b); (3) codification of the requirement that every asylum application include the fee required by 8 U.S.C. 1802 at filing regardless of whether the application is rejected, and is not refundable; and (4) codification of the H.R.1 limits on the validity of Temporary Protected Status (TPS) employment authorization required by 8 U.S.C. 1803(c) and 8 U.S.C. 1811(a). B. Legal Authority This rule is issued under section 208(d)(3) of the Immigration and Nationality Act (INA), 8 U.S.C. 1158(d); section 102 of the Homeland Security Act of 2002 (HSA), 6 U.S.C. 112; and sections 100002 through 100018 of H.R.1, codified at 8 U.S.C. 1802 through 1815. These statutes authorize DHS to administer the asylum process, and … USCIS, is applicable to the filing of Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document. New 8 CFR 103.7(d)(4). <bullet> Annual Asylum Fee required by 8 U.S.C. 1808: Codifies the requirement that an alien pay the AAF and establishes that, procedurally, failure to pay within 30 days of notice results in rejection of the pending asylum application and the denial of any associated application for employment authorization. New 8 CFR 106.2(c)(15)(ii) and 208.3(c)(6). <bullet> Retention of Asylum Application Fee required by 8 U.S.C. 1802: Codifies the fee requirement and provides that the asylum application filing fee is retained by USCIS if a Form I-589 is rejected. New 8 CFR 106.2(c)(14). <bullet> TPS Employment Authorization Validity required by 8 U.S.C. 1803(c) and 8 U.S.C. 1811(a): Limits work authorization and any associated employment authorization document under TPS to one year, or the remaining period of designation if shorter, with conforming changes to ensure consistency across DHS regulations. New 8 CFR 274a.12(a)(12) and 274.12(c)(19). D. Summary of Costs and Benefits DHS also analyzed the costs and benefits of this rule. Because the rule",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-a55a6c28996824589579",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS Directive to Deport Noncitizens Who Vote Unlawfully",
  "policyEffect": "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.",
  "operativeDate": "2026-06-09",
  "year": 2026,
  "affectedGroup": "Noncitizens who unlawfully vote in American elections or falsely claim U.S. citizenship, including legally present noncitizens",
  "materialConditionsAndExceptions": "Applies even to noncitizens legally present in the United States; a prior criminal conviction is not required to invoke removal provisions under the INA.",
  "policyCategory": "Enforcement",
  "policyTool": "Agency Guidance / Directive",
  "sourceName": "DHS",
  "sourceUrl": "https://dhs.gov/news/2026/06/09/dhs-directs-ice-deport-aliens-who-vote-american-elections",
  "preciseCitation": "DHS Press Release, June 9, 2026",
  "evidencePassage": "The United States Department of Homeland Security (DHS) released the following statement after DHS General Counsel James Percival directed U.S. Immigration and Customs Enforcement (ICE) to enforce stricter penalties, including deportation, for aliens who illegally vote in American elections. In a letter to ICE leadership, DHS points out that the Immigration and Nationality Act directs the removal of aliens who illegally vote or make a false claim to U.S. citizenship, which often go hand-in-hand. These provisions even allow for the removal of aliens legally in the U.S. if they illegally participate in our elections. A criminal conviction is not required to invoke these provisions.",
  "reviewMethod": "Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-2c3dca6e29d5ad0e0e54",
  "countryCode": "US",
  "country": "United States",
  "title": "USCIS Complies with Court Order Vacating Adjudication and Global Asylum Holds",
  "policyEffect": "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.",
  "operativeDate": "2026-06-11",
  "year": 2026,
  "affectedGroup": "Individuals with immigration applications previously subjected to processing holds under the vacated policy memoranda",
  "materialConditionsAndExceptions": "Subject to possible further judicial review and updated instructions pending litigation developments.",
  "policyCategory": "Adjudication",
  "policyTool": "Guidance / Court Compliance Notice",
  "sourceName": "uscis.gov",
  "sourceUrl": "https://uscis.gov/newsroom/alerts/court-order-on-hold-policies",
  "preciseCitation": "USCIS Alert, 'Court Order on Hold Policies', Release Date 06/12/2026",
  "evidencePassage": "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.",
  "reviewMethod": "Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-216807331af634782d6e",
  "countryCode": "US",
  "country": "United States",
  "title": "Mandatory English-Language Proficiency Standard for CMV PERM Filings",
  "policyEffect": "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.",
  "operativeDate": "2026-06-15",
  "year": 2026,
  "affectedGroup": "Employers filing PERM or temporary labor certification applications for positions involving commercial motor vehicle operation",
  "materialConditionsAndExceptions": "Applies prospectively to job orders and labor certification applications; narrow exceptions exist under FMCSA rules for drivers operating in border commercial zones along the U.S.-Mexico border.",
  "policyCategory": "adjudication",
  "policyTool": "guidance",
  "sourceName": "Department of Labor",
  "sourceUrl": "https://dol.gov/sites/dolgov/files/ETA/oflc/pdfs/ELP-FAQs-Publication.pdf",
  "preciseCitation": "DOL ETA OFLC FAQs, Question 3, Page 4",
  "evidencePassage": "The ELP standard requirement for job orders and applications for temporary or permanent labor certification that require a foreign worker to operate a CMV will go into effect prospectively on Monday, June 15, 2026.",
  "reviewMethod": "Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-854ab9126af06b546160",
  "countryCode": "US",
  "country": "United States",
  "title": "Precedent Standard for Safe Third Country Paper-Based Pretermission Adjudications (Matter of A-C-M-)",
  "policyEffect": "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",
  "operativeDate": "2026-06-17",
  "year": 2026,
  "affectedGroup": "Asylum seekers subject to safe third country / asylum cooperative agreements",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Asylum & refugee status / removal adjudications",
  "policyTool": "Legal interpretation / binding precedent",
  "sourceName": "Executive Office for Immigration Review / Board of Immigration Appeals",
  "sourceUrl": "https://justice.gov/eoir/media/1446476/dl?inline=",
  "preciseCitation": "Matter of A-C-M-, 29 I&N Dec. 703 (BIA 2026)",
  "evidencePassage": "When an alien is subject to an asylum cooperative agreement (“ACA”) and the record is devoid of evidence showing the alien faces an individualized risk of harm in the ACA country of removal, it is generally unnecessary to hold an evidentiary hearing to resolve the applicability of the safe third country bar to asylum.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-c31692f29dfc7d5df524",
  "countryCode": "US",
  "country": "United States",
  "title": "USCIS Guidance on H-2A Petitions for Dairying",
  "policyEffect": "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.",
  "operativeDate": "2026-06-17",
  "year": 2026,
  "affectedGroup": "Dairy employers and prospective H-2A agricultural dairy workers",
  "materialConditionsAndExceptions": "Does not create an automatic exemption or special procedure; adjudicators evaluate temporary or seasonal need on a case-by-case basis. Back-to-back consecutive petitions for identical duties without extraordinary circumstances or meaningful breaks may be denied as an ongoing permanent need.",
  "policyCategory": "Adjudication",
  "policyTool": "Guidance",
  "sourceName": "uscis.gov",
  "sourceUrl": "https://uscis.gov/sites/default/files/document/policy-alerts/PM-602-0200-H2APetitionsForDairying-20260617.pdf",
  "preciseCitation": "USCIS Policy Memorandum PM-602-0200, June 17, 2026, Page 1",
  "evidencePassage": "This PM instead ensures that the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) adjudicates all H-2A dairying petitions on a case-by-case basis, taking into consideration the totality of the facts presented, and in the same manner as all other H-2A petitions. USCIS issues this PM to address temporary admission of aliens into the United States as H-2A dairying workers to fill temporary or seasonal positions for which domestic labor is unavailable because dairying and labor on a dairy farm are job occupations within the agricultural field which may be seasonal or temporary. Effective Date This PM applies to all USCIS employees. This new guidance will take effect June 17, 2026.",
  "reviewMethod": "Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-a327b412142f94d3f6d8",
  "countryCode": "US",
  "country": "United States",
  "title": "Standard for Pretermission of Asylum Applications and Potential Collateral Relief (Matter of T-A-G-)",
  "policyEffect": "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",
  "operativeDate": "2026-06-23",
  "year": 2026,
  "affectedGroup": "Noncitizens in removal proceedings with defensive asylum claims and pending collateral visa petitions",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Humanitarian / legal status / removal procedures",
  "policyTool": "Binding administrative precedent / adjudication criteria",
  "sourceName": "justice.gov",
  "sourceUrl": "https://justice.gov/eoir/media/1449081/dl?inline=",
  "preciseCitation": "Matter of T-A-G-, et al., 29 I&N Dec. 715 (BIA 2026)",
  "evidencePassage": "The Immigration Judge erred in denying the Department of Homeland Security’s motion to pretermit the respondents’ asylum applications based on their potential eligibility for collateral relief.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp-5c8933aeb03d8109b431",
  "countryCode": "US",
  "country": "United States",
  "title": "Expiration of Deferred Enforced Departure (DED) for Liberians",
  "policyEffect": "The temporary deferral of removal and employment authorization for Liberian DED beneficiaries expired, requiring employers to discontinue accepting Liberian DED-based EADs.",
  "operativeDate": "2026-06-30",
  "year": 2026,
  "affectedGroup": "Liberian nationals and individuals without nationality who last habitually resided in Liberia covered under DED",
  "materialConditionsAndExceptions": "DED excludes individuals ineligible for TPS under INA 244(c)(2)(B), those denied LRIF under certain NDAA sections, those whose removal is in the national interest, foreign policy risks, those voluntarily returning to Liberia for 180 days or more, or individuals subject to extradition.",
  "policyCategory": "humanitarian",
  "policyTool": "executive_order",
  "sourceName": "USCIS",
  "sourceUrl": "https://uscis.gov/humanitarian/deferred-enforced-departure/ded-covered-country-liberia",
  "preciseCitation": "ALERT: Deferred Enforced Departure (DED) for Liberia expired on June 30, 2026.",
  "evidencePassage": "ALERT : Deferred Enforced Departure (DED) for Liberia expired on June 30, 2026.",
  "reviewMethod": "Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "operative-us-haiti-tps-termination-20260727",
  "countryCode": "US",
  "country": "United States",
  "title": "Haiti TPS termination takes effect after litigation",
  "policyEffect": "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.",
  "operativeDate": "2026-07-27",
  "year": 2026,
  "affectedGroup": "Beneficiaries of haiti tps and their category a12 or c19 employment authorization documents",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "USCIS E-Verify",
  "sourceUrl": "https://content.govdelivery.com/accounts/USDHSCISEVERIFY/bulletins/4228b4d",
  "preciseCitation": "Update on Termination of Temporary Protected Status for Haiti (July 29, 2026)",
  "evidencePassage": "hat Haiti no longer met the conditions for its designation for Temporary Protected Status (TPS). See Termination of the Designation of Haiti for Temporary Protected Status, 90 Fed. Reg 54733 (Nov. 28, 2025). On June 25, 2026, the U.S. Supreme Court issued a favorable decision concerning TPS terminations. Mullin v. Doe , 609 U.S. ____ (2026). The Haiti TPS designation is terminated, effective July 27, 2026. Forms I-766, Employment Authorization Document, (EADs) with category A12 or C19 issued to TPS Haiti beneficiaries are no longer valid. Employers completing Form I-9 must reverify TPS Haiti b",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "operative-us-syria-tps-termination-20260727",
  "countryCode": "US",
  "country": "United States",
  "title": "Syria TPS termination takes effect",
  "policyEffect": "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.",
  "operativeDate": "2026-07-27",
  "year": 2026,
  "affectedGroup": "Syria tps beneficiaries",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "USCIS E-Verify",
  "sourceUrl": "https://content.govdelivery.com/accounts/USDHSCISEVERIFY/bulletins/4228b5a",
  "preciseCitation": "Update on Termination of Temporary Protected Status for Syria (Release: July 29, 2026) Update on Termination of Temporary Protected Status for Syria (Release: July 29, 2026)",
  "evidencePassage": "at Syria no longer meets the conditions for its designation for Temporary Protected Status (TPS). See Termination of the Designation of Syria for Temporary Protected Status, 90 Fed. Reg 45398 (September 22, 2025). On June 25, 2026, the U.S. Supreme Court issued a favorable decision concerning TPS terminations. Mullin v. Doe , 609 U.S. ____ (2026). The Syria TPS designation is terminated, effective July 27, 2026. Forms I-766, Employment Authorization Document, (EADs) with category A12 or C19 issued to TPS Syria beneficiaries are no longer valid. Employers completing Form I-9 must reverify TPS S",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp3-8e5993411f167e4c9b71",
  "countryCode": "US",
  "country": "United States",
  "title": "Executive Order 14419: Ending Birth Tourism and Directing Agency Enforcement",
  "policyEffect": "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.",
  "operativeDate": "2026-08-06",
  "year": 2026,
  "affectedGroup": "Nonimmigrants / b-1/b-2 visitors / visa applicants",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Border enforcement",
  "policyTool": "Standards",
  "sourceName": "whitehouse.gov",
  "sourceUrl": "https://www.whitehouse.gov/presidential-actions/2026/08/ending-birth-tourism",
  "preciseCitation": "Executive Order 14419 of August 6, 2026, Ending Birth Tourism, 91 FR 51993 (August 11, 2026).",
  "evidencePassage": "8 U.S.C. 1185(a), is hereby delegated to the Secretary of State and the Secretary of Homeland Security to the extent necessary to implement this order, including the authority to issue or adopt rules, policies, operational guidance, or other guidance to carry out this order. Sec. 3. Definition. For purposes of this order, “birth tourism” is defined as: (a) the entry of any foreign national into the United States via a nonimmigrant visa for the purpose of giving birth on American soil; or (b) any effort by any foreign national to facilitate the entry of any foreign national into the United States via a nonimmigrant visa for the purpose of giving birth on American soil. Sec. 4. Scope and Implementation. (a) The Secretary of State and the Secretary of Homeland Security shall take such actions and update any rules, policies, operational guidance, or other guidance as necessary to effectuate the policy set forth in this order. Such actions may include, within the Secretaries’ respective discretion and authority, appropriate action to prevent the entry into the United States of, or the granting of any visa or other travel authorization to, any alien entering or attempting to enter the United States for the purpose of engaging in birth tourism; revoking the visa or travel authorization and permanently barring entry of any alien who enters or attempts to enter the United States for the purpose of engaging in birth tourism; denial of entry to, or removal of, any alien who previously engaged or plans to engage in birth tourism; or other appropriate action against entities, organizations, or individuals, within or outside of the United States, responsible for facilitating or enabling birth tourism in any manner. (b) All other relevant executive departments and agencies shall provide",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "operative-us-burma-tps-termination-20260807",
  "countryCode": "US",
  "country": "United States",
  "title": "Burma TPS termination takes effect after postponement",
  "policyEffect": "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.",
  "operativeDate": "2026-08-07",
  "year": 2026,
  "affectedGroup": "Burma tps beneficiaries",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "USCIS E-Verify",
  "sourceUrl": "https://content.govdelivery.com/accounts/USDHSCISEVERIFY/bulletins/4240828",
  "preciseCitation": "Update on Termination of Temporary Protected Status for Burma (Release: Aug. 7, 2026) Update on Termination of Temporary Protected Status for Burma (Release: Aug. 7, 2026)",
  "evidencePassage": "urma (Myanmar) no longer met the conditions for its designation for Temporary Protected Status (TPS). See Termination of the Designation of Burma (Myanmar) for Temporary Protected Status , 90 Fed. Reg 53378 (Nov. 25, 2025). On June 25, 2026, the U.S. Supreme Court issued a favorable decision in a similar case concerning TPS terminations. Mullin v. Doe , 609 U.S. ____ (2026). The Burma TPS designation is terminated, effective Aug. 7, 2026. What this means for Forms I-766, Employment Authorization Documents (EADs): Forms I-766, Employment Authorization Document, (EADs) with category A12 or C19 i … ssued to TPS Burma beneficiaries are no longer valid. Employers must reverify TPS Burma beneficiaries who presented these EADs and cannot continue employing a person who does not provide proof of current employment authorization. Find more details about this termination on the TPS Burma webpage and instructions for completing Form I-9 on the I-9 Central TPS webpage. Share this bulletin Don’t forget to text “EVERIFY UPDATES” to 872466 to get the latest E‑Verify news. Do not reply to this email. Apply to use the E-Verify logo. Complete and submit the License Application for the Use of the E-Veri",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "operative-us-south-sudan-tps-termination-20260807",
  "countryCode": "US",
  "country": "United States",
  "title": "South Sudan TPS termination takes effect after postponement",
  "policyEffect": "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.",
  "operativeDate": "2026-08-07",
  "year": 2026,
  "affectedGroup": "South sudan tps beneficiaries",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "USCIS E-Verify",
  "sourceUrl": "https://content.govdelivery.com/accounts/USDHSCISEVERIFY/bulletins/424082c",
  "preciseCitation": "Termination of Temporary Protected Status for South Sudan (Release: Aug. 07, 2026) Termination of Temporary Protected Status for South Sudan (Release: Aug. 07, 2026)",
  "evidencePassage": "hat South Sudan no longer met the conditions for its designation for Temporary Protected Status (TPS). See Termination of the Designation of South Sudan for Temporary Protected Status, 90 Fed. Reg 50484 (Nov. 6, 2025). On June 25, 2026, the U.S. Supreme Court issued a favorable decision in a similar case concerning TPS terminations. Mullin v. Doe, 609 U.S. ____ (2026). The South Sudan TPS designation is terminated, effective Aug. 7, 2026. What this means for Forms I-766, Employment Authorization Documents, (EADs): Forms I-766, Employment Authorization Document, (EADs) with category A12 or C19 … issued to TPS South Sudan beneficiaries are no longer valid. Employers must reverify TPS South Sudan beneficiaries who presented these EADs and cannot continue employing a person who does not provide proof of current employment authorization. Find more details about this termination on the archived TPS South Sudan webpage and instructions for completing Form I-9 on the I-9 Central TPS webpage. Share this bulletin Don’t forget to text “EVERIFY UPDATES” to 872466 to get the latest E‑Verify news. Do not reply to this email. Apply to use the E-Verify logo. Complete and submit the License Applicati",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-ff47e56367718d59bc48",
  "countryCode": "US",
  "country": "United States",
  "title": "Precedent Rule Treating Advance Parole Travel as Statutory Departure Triggering Unlawful Presence Inadmissibility (Matter of Delcarmen-Lara)",
  "policyEffect": "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",
  "operativeDate": "2026-08-13",
  "year": 2026,
  "affectedGroup": "Noncitizens with accrued unlawful presence departing on advance parole",
  "materialConditionsAndExceptions": "Validated condition or limit: Phase scope: Applies nationwide to all departures under advance parole occurring on or after August 13, 2026",
  "policyCategory": "Inadmissibility / legal status / travel authorization",
  "policyTool": "Legal interpretation / binding precedent",
  "sourceName": "USCIS / Executive Office for Immigration Review",
  "sourceUrl": "https://uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility",
  "preciseCitation": "Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026); USCIS Web Alert (Aug. 14, 2026)",
  "evidencePassage": ".S. Immigration Law in the Commonwealth of the Northern Mariana Islands (CNMI) Terrorism-Related Inadmissibility Grounds (TRIG) Breadcrumb Home Laws and Policy Other Resources Unlawful Presence and Inadmissibility Unlawful Presence and Inadmissibility Alert Type info ALERT: On Aug. 13, 2026, the Board of Immigration Appeals (BIA) issued a precedent decision, Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), that overruled Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012). This decision has an immediate impact for certain aliens with valid Advance Parole Documents (Form I-512L) … who are considering departing from the United States. As of Aug. 13, 2026, departing the United States after obtaining an Advance Parole Document is a departure for purposes of inadmissibility under section 212(a)(9)(B)(i) of the Immigration and Nationality Act (INA). Under section 212(a)(9)(B)(i) of the INA, aliens who accrue more than 180 days of unlawful presence in the United States, depart the United States, and then again seek admission within the relevant 3- or 10-year statutory period, are inadmissible. Aliens considering a departure with an Advance Parole Document should be aware that they may be inadmissible under section 212(a)(9)(B)(i) of the INA upon their return to the United States if they have accrued more than 180 days of unlawful presence. Unlawful presence is any period of time when you are present in the United States without being admitted or paroled, or when you are present in the United States after your “period of stay authorized by the Secretary” expires. Unless an exception applies, you will be found inadmissible based on your accrual of unlawful presence if you: Seek admission again within 3 years of leaving the United States before removal proceedings begin",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp5-9ebea6fe49635bd679ad",
  "countryCode": "US",
  "country": "United States",
  "title": "Precedent Rule Governing Denial of Continuances for Legal Counsel in Removal Proceedings (Matter of A-K-R-)",
  "policyEffect": "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",
  "operativeDate": "2026-08-14",
  "year": 2026,
  "affectedGroup": "Respondents in removal proceedings seeking continuances to secure counsel",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Removal adjudications / procedural due process",
  "policyTool": "Legal interpretation / binding precedent",
  "sourceName": "Executive Office for Immigration Review / Board of Immigration Appeals",
  "sourceUrl": "https://justice.gov/eoir/media/1458041/dl?inline=",
  "preciseCitation": "Matter of A-K-R-, 29 I&N Dec. 839 (BIA 2026)",
  "evidencePassage": "Cite as 29 I&N Dec. 839 (BIA 2026) Interim Decision #4234 Matter of A-K-R-, Respondent Decided August 14, 2026 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) The Immigration Judge properly denied the respondent’s request for a further continuance to seek legal counsel based on a lack of good cause, consistent with the governing statutes and regulations. (2) The only statutory or regulatory time requirement that is 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 notice to appear as set forth in section 239(b)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1229(b)(1). Matter of C-B-, 25 I&N Dec. 888 (BIA 2012), modified. FOR THE RESPONDENT: Pro se FOR THE DEPARTMENT OF HOMELAND SECURITY: Jae Il Lee, Counsel BEFORE: Board Panel: MALPHRUS, Chief Appellate Immigration Judge; HUNSUCKER and CHABAN, Appellate Immigration Judges. MALPHRUS, Chief Appellate Immigration Judge: The respondent, a native and citizen of India, appeals the March 18, 2026, decision of the Immigration Judge denying his request for a continuance, deeming his … the text of the statute and is dicta. 1 We withdraw from this statement 0F0F in Matter of C-B- as setting forth a statutory or regulatory mandate. See INA § 239(a)(1)(E), (b)(1), (b)(3), 8 U.S.C. § 1229(a)(1)(E), (b)(1), (b)(3). Thus, the only statutory or regulatory time requirement that is 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 notice to appear. INA § 239(b)(1), 8 U.S.C. § 1229(b)(1). The respondent’s first hearing occurred 26 days after the service of his notice to appear, and the",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "operative-us-ethiopia-tps-termination-20260818",
  "countryCode": "US",
  "country": "United States",
  "title": "Ethiopia TPS termination takes effect after postponement",
  "policyEffect": "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.",
  "operativeDate": "2026-08-18",
  "year": 2026,
  "affectedGroup": "Ethiopia tps beneficiaries",
  "materialConditionsAndExceptions": "",
  "policyCategory": "Migration policy",
  "policyTool": "",
  "sourceName": "USCIS E-Verify",
  "sourceUrl": "https://content.govdelivery.com/accounts/USDHSCISEVERIFY/bulletins/425914a",
  "preciseCitation": "Termination of Temporary Protected Status for Ethiopia (Release: Aug. 18, 2026) Termination of Temporary Protected Status for Ethiopia (Release: Aug. 18, 2026)",
  "evidencePassage": "no longer met the conditions for its designation for Temporary Protected Status (TPS). See Termination of the Designation of Ethiopia for Temporary Protected Status, 90 Fed. Reg 58028 (Dec. 15, 2025) . On June 25, 2026, the U.S. Supreme Court issued a favorable decision in a similar case concerning TPS terminations. Mullin v. Doe , 609 U.S. ____ (2026). The Ethiopia TPS designation is terminated, effective August 18, 2026 . What this means for Forms I-766, Employment Authorization Documents (EADs): Forms I-766, Employment Authorization Document, (EADs) with category A12 or C19 issued to TPS E … thiopia beneficiaries are no longer valid. Employers must reverify TPS Ethiopia beneficiaries who presented these EADs and cannot continue employing a person who does not provide proof of current employment authorization. Find more details about this termination on the archived TPS Ethiopia webpage and instructions for completing Form I-9 on the I-9 Central TPS webpage. Share this bulletin Don’t forget to text “EVERIFY UPDATES” to 872466 to get the latest E‑Verify news. Do not reply to this email. Apply to use the E-Verify logo. Complete and submit the License Application for the Use of the E-",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "fcp6-e5f2fa90b923de86ee6e",
  "countryCode": "US",
  "country": "United States",
  "title": "BIA Precedent on Regulatory Definition of Attorney and Reinstatement Bar (Matter of Sarah J. M. Jones)",
  "policyEffect": "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",
  "operativeDate": "2026-08-24",
  "year": 2026,
  "affectedGroup": "Legal practitioners and representatives appearing before eoir and dhs",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.; The Board further held that reinstatement is unwarranted where the practitioner engaged in unauthorized practice before Immigration Courts during a period of indefinite suspension.",
  "policyCategory": "Legal status / removal adjudications / administrative procedures",
  "policyTool": "Legal interpretation",
  "sourceName": "U.S. Department of Justice, Executive Office for Immigration Review, Board of Immigration Appeals",
  "sourceUrl": "https://justice.gov/eoir/media/1458896/dl?inline=",
  "preciseCitation": "Matter of Sarah J. M. JONES, 29 I&N Dec. 850 (BIA 2026), Interim Decision #4236",
  "evidencePassage": "(1) An individual who is eligible to practice law and is a member in good standing in one jurisdiction does not meet the regulatory definition of “attorney” if he or she is barred from or otherwise restricted in practicing law in another jurisdiction. (2) Reinstatement is unwarranted because, during the respondent’s indefinite suspension, she registered for and obtained an Executive Office for Immigration Review identification number and practiced before the Immigration Courts in several cases.",
  "reviewMethod": "Two separate automated exact-claim source reviews",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 },
 {
  "stableRecordId": "component-us-911-biometric-fee-rule-20260909",
  "countryCode": "US",
  "country": "United States",
  "title": "DHS expands the 9-11 biometric fee to covered H-1B and L-1 extension petitions",
  "policyEffect": "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.",
  "operativeDate": "2026-09-09",
  "year": 2026,
  "affectedGroup": "All petitioners filing an h-1b or l-1 petition who employ 50 or more employees in the united states, if more than 50 percent of the petitioner's employees in the aggregate are in h-1b, l-1a, or l-1b nonimmigrant status",
  "materialConditionsAndExceptions": "Validated condition or limit: 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.",
  "policyCategory": "Fees",
  "policyTool": "Fees",
  "sourceName": "Federal Register",
  "sourceUrl": "https://www.federalregister.gov/documents/full_text/text/2026/08/10/2026-16231.txt",
  "preciseCitation": "91 FR 51360; 8 CFR 106.2(c)(8)-(9); effective September 9, 2026.",
  "evidencePassage": "The regulatory changes correct DHS's interpretation of statutory language to require that covered employers submit the 9-11 Biometric Fee for all extension of status petitions, regardless of whether the related fraud prevention and detection fee applies, which includes extension of status petitions that do not involve a change of employer. … DATES: This rule is effective on September 9, 2026. … For all petitioners filing an H-1B petition who employ 50 or more employees in the United States, if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A, or L-1B nonimmigrant status … (8) 9-11 Response and Biometric Entry-Exit Fee for H-1B Visa. For all petitioners filing an H-1B petition who employ 50 or more employees in the United States, if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A, or L-1B nonimmigrant status: $4,000. Petitioners filing an amended petition that do not seek an extension of the alien's currently authorized H-1B status are exempt from this fee. This fee will apply to petitions filed on or before September 30, 2027. … (9) 9-11 Response and Biometric Entry-Exit Fee for L-1 Visa. For all petitioners filing an L-1 petition who employ 50 or more employees in the United States, if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A, or L-1B nonimmigrant status: $4,500. Petitioners filing an amended petition that do not seek an extension of the alien's currently authorized L-1 status are exempt from this fee. This fee will apply to petitions filed on or before September 30, 2027.",
  "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification",
  "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice."
 }
]