The Department of Homeland Security has withdrawn a proposed rule that would have expanded department authorities and requirements for collecting biometrics by removing age restrictions; requiring submission of biometrics for every applicant, petitioner, sponsor, beneficiary, or other individual filing for or associated with any immigration or naturalization benefit or request unless DHS waives or exempts the biometrics requirement; codifying the authority to use DNA test results; and authorizing the use of additional types of biometric modalities.

Read our web alert for more information.

On April 27, USCIS issued policy guidance in the USCIS Policy Manual to address the issue of deference to prior determinations of eligibility by an officer when adjudicating extension requests.

Read our web alert for more information.

The 2019 Public Charge Final Rule is no longer in effect, and DHS will partner with federal agencies to ensure impacted individuals are aware.

Read more here: Public Charge Letter to Interagency Partners.

• March 10: The Public Charge Final Rule

We are no longer applying the August 2019 Public Charge Final Rule. On March 9, 2021, the U.S. Court of Appeals for the Seventh Circuit lifted its stay of the U.S. District Court for the Northern District of Illinois’ Nov. 2, 2020, decision which vacated the Inadmissibility on Public Charge Grounds final rule nationwide. USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions.

For more information, see our main public charge webpage, our public charge litigation page, and DHS’s news release.

F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories:

• (c)(3)(A) – Pre-Completion OPT;
• (c)(3)(B) – Post-Completion OPT; and
• (c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.

Read more here: F-1 Students Seeking Optional Practical Training Can Now File Form I-765 Online

“Thank you for choosing us and believing America is worthy of your aspirations.” See President Biden’s video message to new American citizens.

Due to the COVID-19 pandemic and other factors, we are experiencing delays in issuing receipt notices for some applications and petitions filed at a USCIS lockbox facility. For more information, see the Lockbox Delays tab on our Response to COVID-19 page.

On January 20, 2021, President Biden issued a memorandum directing the Secretary of Homeland Security, in consultation with the Attorney General, to take appropriate action to preserve and fortify DACA, consistent with applicable law.