On May 13, USCIS issued policy guidance in the USCIS Policy Manual regarding exemptions to the temporary need requirement for certain H-2B workers on Guam and in the Commonwealth of the Northern Mariana Islands in relation to the National Defense Authorization Act for Fiscal Year 2021.

Visit uscis.gov/policy-manual for more information.

Effective May 17, 2021, USCIS will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application To Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status. This suspension will apply through May 17, 2023, subject to affirmative extension or revocation of the suspension period by the USCIS director. 

Read our web alert for more information.

We announced today that the Department of Homeland Security is withdrawing a 2018 notice of proposed rulemaking that proposed to remove the International Entrepreneur program from DHS regulations. The International Entrepreneur parole program, first introduced in 2017, will remain a viable program for foreign entrepreneurs to create and develop start-up entities with high growth potential in the United States.

Read our news release for more information.

The Department of Homeland Security has withdrawn a proposed rule that would have expanded department authorities and requirements for collecting biometrics by removing age restrictions; requiring submission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The 2019 Public Charge Final Rule is no longer in effect, and DHS will partner with federal agencies to ensure impacted individuals are aware.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.

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.