USCIS Updates Guidelines for Filing Asylum Applications Following EOIR Dismissal or Termination of Removal Proceedings

U.S. Citizenship and Immigration Services (USCIS) is releasing revised instructions for asylum applications filed by individuals whose removal proceedings were dismissed or terminated by the Executive Office for Immigration Review (EOIR).

Effective October 16, 2023, if your removal proceedings were dismissed or terminated by EOIR and you opt to pursue an asylum claim, you must submit the current version of Form I-589, Application for Asylum and for Withholding of Removal, to the USCIS lockbox that has jurisdiction over your place of residence.

Change in Filing Location for H-2A, H-2B, CNMI-related Form I-129 Petitions, Form I-129CW Petitions, and CNMI-related Form I-539 Applications 2/2

Effective November 1, 2023, all H-2A, H-2B, CNMI-related Form I-129 petitions, Form I-129CW petitions, and CNMI-related Form I-539 applications must be submitted directly to the Texas Service Center.

To facilitate a smooth transition, there will be a 60-day grace period, allowing forms filed at the California Service Center (CSC) or Vermont Service Center (VSC) during this period to be accepted, and misdirected forms will not be rejected.

USCIS Releases Policy Guidance on “Ability to Pay” Requirement for Adjustment of Status Applicants Changing Employers

U.S. Citizenship and Immigration Services (USCIS) has issued new policy guidance (PDF, 322.3 KB) outlining the assessment of an employer's ability to pay the proffered wage for immigrant petitions. This applies to specific employment-based immigrant visa classifications (first, second, and third preferences), particularly in cases where the sponsored worker decides to change employers.

Revised Home Studies and Significant Changes

Attention: As of September 29, 2020, the U.S. District Court for the Northern District of California in Immigration Legal Resource Center et al., v. Wolf, et al., 20-cv-05883-JWS, has preliminarily enjoined DHS from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule (PDF).

You are required to update your home study under the following circumstances:

Significant Change in Household:

A notable alteration in your household (as defined below).

Change in Child Characteristics:

A change in the number or characteristics (such as age, gender, nationality, special needs, disability, and/or impairment) of the child(ren) you intend to adopt or have adopted, not previously assessed in the home study.

Extension and Validity Periods

Once you've submitted your child's Form I-600 or Form I-800 petition, there's no need for ongoing extensions or filing new Form I-600As or Form I-800As. In the orphan process, you have the option to skip filing Form I-600A and instead request a suitability determination concurrently with your child's Form I-600 (referred to as concurrent or combination filing).

For detailed information on suitability approval extensions and validity periods in both the orphan and Hague processes, please refer to the tables provided below.

Form I-821, Request for Temporary Protected Status

If you qualify as a national of a designated country or an individual without nationality who last habitually resided in the designated country, utilize this form to seek Temporary Protected Status (TPS). When submitting an initial TPS application or renewing TPS registration, you have the option to concurrently apply for an Employment Authorization Document (EAD) by submitting a fully filled-out Form I-765, Request for Employment Authorization, along with Form I-821.

Alternatively, you may choose to submit your Form I-765 request separately on a later date.

Form I-134A, Online Request to Act as a Sponsor and Financial Support Declaration

ALERT: We are currently accepting submissions of Form I-134A exclusively from individuals willing to provide financial support to:

Ukrainians or their immediate family members as part of the Uniting for Ukraine initiative;
Cubans, Haitians, Nicaraguans, or Venezuelans, or their immediate family members as part of the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans; or
Colombians, Cubans, Ecuadorians, Guatemalans, Haitians, Hondurans, or Salvadorans, or their immediate family members as part of the family reunification parole processes.