On Jan. 21, U.S. Citizenship and Immigration Services is issuing policy guidance clarifying how it determines eligibility for O-1A nonimmigrants of extraordinary ability, with a focus on individuals in science, technology, engineering, or math (STEM) fields.

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

On Jan. 21, U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual guidance on adjudicating national interest waiver requests, including special considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs.

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

On Jan. 13, U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS determines whether an O-1B beneficiary is evaluated as a person of extraordinary ability in the arts (O-1B Arts) or as a person of extraordinary achievement in the motion picture or television industry (O-1B MPTV).

Visit uscis.gov/policy-manual 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The 2019 Public Charge Final Rule is no longer in effect, and DHS will partner with federal agencies to ensure impacted individuals are aware.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.

Afghan nationals paroled into the United States on or after July 30, 2021, due to the humanitarian crisis in Afghanistan and seeking employment authorization may file an initial Form I-765, Application for Employment Authorization, without a fee. All Afghan parolees must have a Form I-765 approved by U.S. Citizenship and Immigration Services before they can legally work in the United States.

Afghan parolees applying to adjust status as an Afghan Special Immigrant do not have to pay the filing or biometric services fees for Form I-485, Application to Register Permanent Residence or Adjust Status.

Read our news release for more information.

Nov. 8: Afghan Nationals Applying for Adjustment of Status Based on Employment by or on Behalf of the U.S. Government or by the International Security Assistance Force (ISAF) in Afghanistan

If you are an Afghan parolee with an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, as an Afghan employed by or on behalf of the U.S. government or ISAF in Afghanistan, and you did not complete Form I-485, Application to Register Permanent Residence or Adjust Status, at a safe haven, we encourage you to file Form I-485 at your earliest convenience to apply to become a lawful permanent resident and receive a Green Card. You must provide a U.S. address to file Form I-485. You do not have to pay the filing or biometric services fees for Form I-485 if you were paroled into the United States due to the humanitarian crisis and are applying for adjustment as an Afghan Special Immigrant. For more information visit the  Green Card for an Afghan Who Was Employed by or on Behalf of the U.S. Government or Green Card for an Afghan or Iraqi Translator or Interpreter webpages.

We understand you may have questions about DACA and the recent court decision in State of Texas et al. v. United States of America et al., 1:18-CV-00068 (S.D. Texas July 16, 2021). We have updated our website to help answer some of your questions about the decision, including how it may affect your current DACA and work authorization, or any requests for DACA or related benefits.

To learn more, visit our Additional Information re: July 16, 2021 DACA Texas II decision page. 

On July 16, 2021, the U.S. District Court for the Southern District of Texas held that the DACA policy “is illegal.” The Court granted summary judgment on plaintiffs’ Administrative Procedure Act (APA) claims; vacated the June 15, 2012 DACA memorandum issued by former Secretary of Homeland Security Napolitano; remanded the memorandum to DHS  for further consideration; and issued a permanent injunction prohibiting the government’s continued administration of DACA and the reimplementation of DACA without compliance with the APA. The Court, however, temporarily stayed its order vacating the DACA memorandum and its injunction with regard to individuals who obtained DACA on or before July 16, 2021, including those with renewal requests.

Consistent with this order, DHS will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. However, pursuant to the July 16, 2021 order from the Southern District of Texas, DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. Also consistent with that order, DHS will continue to grant or deny renewal DACA requests, according to existing policy. If you have questions about this decision or want to learn more, visit our Additional Information re: July 16, 2021 DACA Texas II decision page.

Visit the USCIS Office Closings page for more information.