Joseph Caraccio

Final Rule For T Nonimmigrant Status

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This rule is effective on Aug. 28, 2024, and applies to benefit requests that are pending or filed on or after that date. T Nonimmigrant Status (T Visa) A T visa is a type of visa allowing certain victims of human trafficking (which includes both labor trafficking and sex trafficking) and immediate family members to remain and work temporarily in the United States in T Nonimmigrant status, typically after they report the crime to law enforcement, and agree to help them in the investigation and/or prosecution of the crime(s) committed against them. It also allows close family members of the victims to come to the United States legally. There are T1, T2, T3, T4, and T5 visas. They are only granted in limited circumstances and only 50-500 have been granted each year since 2003. The Final Rule On Dec. 19, 2016, DHS published an interim final rule to respond to public feedback, clarify requirements based on statutory changes, formalize the experience gained from operation of the program for more than 14 years, and amend the regulations as required by intervening legislation. In July 2021, DHS reopened the public comment period for the 2016 interim rule for 30 days and subsequently extended the deadline for comments. This final rule responds to public comments, clarifies eligibility requirements, and ensures application requirements conform to current law.    The final rule reflects a victim-centered approach, clarifies the requirements, and introduces provisions to reduce potential barriers to victims. These clarifications will enable USCIS officers to adjudicate more efficiently and effectively. The final rule also improves the program’s integrity by clarifying the reporting and evidence requirements for victims of trafficking, which will better help law enforcement act on reports of trafficking. Key elements of the final rule include:  Revised Bona Fide Determination Process This final rule, announced today, also lays out the framework for considering filings under the bona fide determination process, which includes background checks and case review. USCIS will continue to prioritize adjudications for T nonimmigrant status and, subject to available resources and processing times, consider applications under the bona fide determination process. This process will apply to cases filed on or after the effective date of the rule. When an individual whose application is deemed bona fide files Form I-765, Application for Employment Authorization, USCIS will consider whether to grant them deferred action and an Employment Authorization Document while we continue to adjudicate their application for T nonimmigrant status. USCIS recommends that applicants submit a (fee-exempt) Form I-765 at the same time as their Form I-914, Application for T Nonimmigrant Status. More Information on Protecting Yourself Protect yourself from immigration scams. Because victims of trafficking are vulnerable and have already been subject to abuse and mistreatment, USCIS reminds potential applicants to be cautious of anyone offering guaranteed outcomes, be educated on the benefits they are filing for, and be aware of what evidence they are submitting to USCIS. You can also find information on avoiding immigration scams and finding reputable legal counsel by visiting the USCIS Find Legal Services webpage.

Updated USCIS Processing Time Data

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2022, 2023, and 2024 median processing times for Forms I-765, I-90, and I-485.

USCIS released updated case processing time averages April 3, 2024. A chart and graph of the median processing times for some common forms are below showing 2022 (blue), 2023 (red), and thus far in 2024 (green) as of today. FORM Classification or Basis for Filing 2022 2023 2024 I-765 Based on a pending asylum application 9.2 1.6 0.6 I-765 Based on adjustment of status application 6.7 5.5 3.6 I-765 Based on parole 1.1 1.3 0.9 I-821 Request to register for TPS 10.2 11.8 8.7 I-485 Based on family-based petition 10.6 11.4 9.4 I-130 Immediate Relative 10.3 11.8 11 N-400 Application for naturalization 10.5 6.1 5.2 I-131 Application for advance parole document 7.3 5.8 4.4 I-90 Replacement or renewal of LPR card 1.2 9.1 3.3 source: https://www.uscis.gov/sites/default/files/document/fact-sheets/historical_pt_factsheet_fy16_to_fy24.pdf Source: https://www.uscis.gov/sites/default/files/document/fact-sheets/historical_pt_factsheet_fy16_to_fy24.pdf

Third Gender Option Added to Form N-400, Application for Naturalization

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USCIS adds an option for a third gender on application

The 04/01/24 edition of Form N-400 is the first USCIS form to include the “X” gender option. Today, April 1, 2024, US Citizenship and Immigration Services (USCIS) has made a big announcement that we hope isn’t a bad April Fool’s Day joke of some kind. USCIS’ update to their policies take effect immediately. Applicants filing the 04/01/2024 edition of Form N-400 on or after April 1, 2024, will have the option of choosing “m” (for male), “f” (for female), or “X” as a gender option on the form. USCIS issued a Policy Alert on April 1, 2024, PA-2024-08, which explains this change to the Department of Homeland Security’s policy. This is reflected in an update to the USCIS Policy Manual as well. What is “X” Gender? The X gender marking is intended for applicants who neither identify as being male nor female. This would be a blanket option covering any non-binary or gender fluid individuals who do not feel comfortable being referred to as a male or a female. Any gender that isn’t male or female would fall into this category. From the Policy Alert, “USCIS has determined that it will define “X” as “Another Gender Identity” for purposes of USCIS forms and secure identity documents. Transgender individuals have already had the option to select the gender they identify with per an earlier change to policy that allows for noncitizens to change their gender on USCIS ID documents quite easily without needing to provide any evidence. However, updating one’s gender on a certificate of naturalization that has already been issued can be a bit more tricky, so any applicant that may wish to change the gender that appears on their USCIS documents should do that before their certificate of naturalization is issued if possible. Will This Change Be Coming To All USCIS Forms? At the moment the change has only been made on the Form N-400. However, this change will be coming to other USCIS forms in the future, which they have confirmed in the Policy Alert stating: “USCIS anticipates that the additional gender option “X” will become available upon each form’s revision to incorporate the change, beginning with the Application for Naturalization (Form N-400).” USCIS Policy Alert, Availability of Additional Gender Options for Certain Benefit Requests, April 1, 2024; PA-2024-08 When Will This Option Become Available on Other USCIS Forms? According to the Policy Alert, “USCIS anticipates that the additional gender option “X” will become available upon each form’s revision to incorporate the change, beginning with the Application for Naturalization (Form N-400).” USCIS recommends that to determine what gender options are available for a particular form in the future, see the relevant USCIS form and related instructions. What if my N-400 is Already Pending? USCIS addressed this concern in the Policy Alert stating that Applicants who have a pending Form N-400 using the edition in effect before April 1, 2024, may request to update their gender on or after April 1, 2024, as well. Is there an X Gender Option if I am Requesting Residency or Another Immigration Benefit? For all other forms, individuals must wait until USCIS revises those forms to include the X gender option. USCIS explains this in the alert. The good news is that they also indicated that the change will be coming for other forms.

New USCIS Filing Fees Take Effect April 1, 2024

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New USCIS Filing Fees and policies take effect April 1, 2024. Some USCIS Forms have new Form Editions taking effect April 1, 2024 with no grace period. Updates to USCIS Filing Fees Most forms filed online are discounted by $50 now.  Most forms now have the $85 biometric services costs incorporated into the main benefit fee.  (Temporary Protected Status and the filings accepted on behalf of the Executive Office for Immigration Review are exceptions). So no need to pay a separate $85 fee with the new higher filing fee.  Form I-485, I-131, and I-765 filing fees must be paid separately even if they are filed concurrently. Individuals seeking adjustment of status will pay $260 (half standard filing fee) for Form I-765, Application for Employment Authorization, if they paid the full fee for a concurrently filed or pending adjustment application; Naturalization applicants filing Form N-400 who have incomes between 150% and 400% of the Federal Poverty Guidelines will pay $380 If requesting a reduced fee on Form N-400 you can check the box on the N-400 and do not need to file a separate Form I-942. New USCIS Form Editions There will be no grace period for the following new forms, however, because they must be revised with a new fee calculation. Filers should click the links below to access a preview version of each new form edition prior to the April 1, 2024, effective date: USICS says they will use the postmark date of a filing to determine which form version and fees are correct, but will use the received date for purposes of any regulatory or statutory filing deadlines. Visit uscis.gov for latest revision of the new USCIS Form Editions. See this webpage for more information. New Fee Schedule Table For each relevant form, the following table compares the previously enacted fee, the fee from the January 2023 Notice of Proposed Rulemaking (NPRM), and the final rule fee that goes into effect on April 1, 2024. USCIS also post an updated comprehensive fee schedule on the Fee Schedule webpage. Type of Filing Current Fee(s) NPRM Fee(s) Final Fee(s) Current vs. Final Fees I-90 Application to Replace Permanent Resident Card (online filing) $455 $455 $415 -$40 -9% I-90 Application to Replace Permanent Resident Card (online filing) (with biometric services) $540 $455 $415 -$125 -23% I-90 Application to Replace Permanent Resident Card (paper filing) $455 $465 $465 $10 2% I-90 Application to Replace Permanent Resident Card (paper filing) (with biometric services) $540 $465 $465 -$75 -14% I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $445 $680 $560 $115 26% I-129 H-1B $460 $780 $780 $320 70% I-129 H-1B (small employers and nonprofits) $460 $780 $460 $0 0% I-129 H-2A – Named Beneficiaries $460 $1,090 $1,090 $630 137% I-129 H-2A – Named Beneficiaries (small employers and nonprofits) $460 $1,090 $545 $85 18% I-129 H-2A – Unnamed Beneficiaries $460 $530 $530 $70 15% I-129 H-2A – Unnamed Beneficiaries (small employers and nonprofits) $460 $530 $460 $0 0% I-129 H-2B – Named Beneficiaries $460 $1,080 $1,080 $620 135% I-129 H-2B – Named Beneficiaries (small employers and nonprofits) $460 $1,080 $540 $80 17% I-129 H-2B – Unnamed Beneficiaries $460 $580 $580 $120 26% I-129 H-2B – Unnamed Beneficiaries (small employers and nonprofits) $460 $580 $460 $0 0% I-129 Petition for L Nonimmigrant workers $460 $1,385 $1,385 $925 201% I-129 Petition for L Nonimmigrant workers (small employers and nonprofits) $460 $1,385 $695 $235 51% I-129 Petition for O Nonimmigrant workers $460 $1,055 $1,055 $595 129% I-129 Petition for O Nonimmigrant workers (small employers and nonprofits) $460 $1,055 $530 $70 15% I-129CW CNMI-Only Nonimmigrant Transitional Worker and I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications $460 $1,015 $1,015 $555 121% I-129CW CNMI-Only Nonimmigrant Transitional Worker and I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications (with biometric services) $545 $1,015 $1,015 $470 85% I-129CW Petition for a CNMI-Only Nonimmigrant Transitional Worker and I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications (small employers and nonprofits) $460 $1,015 $510 $50 11% I-129CW Petition for a CNMI-Only Nonimmigrant Transitional Worker and I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications (small employers and nonprofits) (with biometric services) $545 $1,015 $510 -$35 -6% I-129F Petition for Alien Fiancé(e) $535 $720 $675 $140 26% I-130 Petition for Alien Relative (online filing) $535 $710 $625 $90 17% I-130 Petition for Alien Relative (paper filing) $535 $820 $675 $140 26% I-131 Application for Travel Document $575 $630 $630 $55 10% I-131 Application for Travel Document (with biometric services) $660 $630 $630 -$30 -5% I-131 Refugee Travel Document for an individual age 16 or older $135 $165 $165 $30 22% I-131 Refugee Travel Document for an individual age 16 or older (with biometric services) $220 $165 $165 -$55 -25% I-131 Refugee Travel Document for a child under the age of 16 $105 $135 $135 $30 29% I-131 Refugee Travel Document for a child under the age of 16 (with biometric services) $190 $135 $135 -$55 -29% I-131A Application for Travel Document (Carrier Documentation) $575 $575 $575 $0 0% I-140 Immigrant Petition for Alien Workers $700 $715 $715 $15 2% I-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA) $930 $930 $930 $0 0% I-192 Application for Advance Permission to Enter as Nonimmigrant (CBP) $585 $1,100 $1,100 $515 88% I-192 Application for Advance Permission to Enter as Nonimmigrant (USCIS) $930 $1,100 $1,100 $170 18% I-193 Application for Waiver of Passport and/or Visa $585 $695 $695 $110 19% I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal $930 $1,395 $1,175 $245 26% I-290B Notice of Appeal or Motion $675 $800 $800 $125 19% I-360 Petition for Amerasian, Widow(er), or Special Immigrant $435 $515 $515 $80 18% I-485 Application to Register Permanent Residence or Adjust Status $1,140 $1,540 $1,440 $300 26% I-485 Application to Register Permanent Residence or Adjust Status (with biometric services) $1,225 $1,540 $1,440 $215 18% I-485 Application to Register Permanent Residence or … Read more

How to Update Your Personal Information With USCIS

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Updating Personal Information with USCIS

Changing Personal Information With USCIS If there are changes to your personal information that you need to update with USCIS such as your name and/or gender you have two potential options. If you have been scheduled for an interview at a USCIS Field Office, you can update your information at that interview. Otherwise, you can follow the procedures from the USCIS website, which are described below. Name Change If you would like to update the name reflected on your document, you must provide sufficient evidence of your name change, such as: — a court order; — marriage certificate; — divorce decree; or — other vital document record. For more information, see USCIS Policy Manual Volume 12, Citizenship and Naturalization, Part K, Certificates of Citizenship and Naturalization, Chapter 4, Replacement of Certificate of Citizenship or Naturalization. Gender Change As of March 31, 2023, you do not need to provide supporting evidence to change the gender listed on your immigration documents (with a limited exception). Note: As of April 1, 2024, USCIS provides the option “X” for gender in addition to “m” for male and “f” for female on the Form N-400 Application for Naturalization. USCIS has stated that this option will be coming to more of their forms in the future. If you want to update your gender information on a Certificate of Naturalization or Certificate of Citizenship, you must still provide the required supporting documentation of the change, as listed in the Form N-565, Application for Replacement Naturalization/Citizenship Document instructions (PDF, 263.39 KB). For more information, see USCIS Policy Manual Volume 12, Citizenship and Naturalization, Part K, Certificates of Citizenship and Naturalization, Chapter 4, Replacement of Certificate of Citizenship or Naturalization. Changing Your Personal Information on Immigration Documents The table below provides information on how to request a biographic change on a specific document.   If your benefit request is still pending with USCIS, and you have not received a final decision notice or USCIS-issued document If you have already received your USCIS-issued document Employment Authorization Document (EAD) If you received a Request for Evidence (RFE) or interview notice: Provide the following in response to the RFE or at your interview:A letter explaining the change requested; andSupporting documentation of the change (if required).If you have an online account:Upload the following as new evidence to the pending application:A letter explaining the change requested; andSupporting documentation of the change (if required).If you do not have an online account:Email USCIS-updategenderinfo@uscis.dhs.gov  and request to change your name or gender marker or both.If you are seeking to make a correction due to a typographical error, please visit the “How to Request a correction to your notice or document (based on USCIS error)” section on this page. This email only handles formal name or gender marker changes.If you have Violence Against Women Act (VAWA) related matter or T or U visa related matter:Refer to the Contact Us webpage (Inquiries for VAWA, T, and U Filings section). Submit the following to USCIS:A new Form I-765;Applicable fees (see note);The EAD containing the incorrect information;A letter explaining the change requested; andSupporting documentation of the change (if required).File online (if eligible) or refer to the filing locations for Form I-765 webpage for mailing address information if filing by paper.Note on fees: If you are requesting a replacement EAD for an eligibility category based on a pending Form I-485 filed after July 30, 2007, that you paid a fee for, then you do not need to pay the Form I-765 filing fee. Green Card (Permanent Resident Card) If you received an RFE or interview notice:Provide the following in response to the RFE or at the interview:A letter explaining the change requested; andSupporting documentation of the change (if required).If you have an online account:Upload the following as new evidence to the pending application:A letter explaining the change requested; andSupporting documentation of the change (if required).If you do not have an online account:Email USCIS-updategenderinfo@uscis.dhs.gov and request to change your name or gender marker or both.If you are seeking to make a correction due to a typographical error, please visit the “How to Request a correction to your notice or document (based on USCIS error)” section on this page. This email only handles formal name or gender marker changes.If you have Violence Against Women Act (VAWA) related matter or T or U visa related matter:Refer to the Contact Us webpage (Inquiries for VAWA, T, and U Filings section). Submit the following to USCIS:Form I-90, Application to Replace Permanent Resident Card (Green Card);Applicable fees;The Green Card containing the incorrect information; andSupporting documentation to show what the correct information should be (see Form I-90 instructions (PDF, 361.11 KB) for examples).File online or refer to the Where to File section of the Form I-90 webpage for mailing address information if filing by paper. Travel Document (Such as an Advance Parole Document or Refugee Travel Document) If you received an RFE or interview notice: Provide the following in response to the RFE or at the interview:A letter explaining the change requested; andSupporting documentation of the change (if required).If you have an online account:Upload the following as new evidence to the pending application:A letter explaining the change requested; andSupporting documentation of the change (if required).If you do not have an online account:Email USCIS-updategenderinfo@uscis.dhs.gov and request to change your name or gender or both.If you are seeking to make a correction due to a typographical error, please visit the “How to Request a correction to your notice or document (based on USCIS error)” section on this page. This email only handles formal name or gender marker changes.If you have Violence Against Women Act (VAWA) related matter or T or U visa related matter: Refer to the Contact Us webpage (Inquiries for VAWA, T, and U Filings section). Submit the following to USCIS:A new Form I-131 (select the filing category for the type of travel document being requested);Applicable fees (see note);The travel document containing the incorrect information; andSupporting documentation of the change (if required).Refer to the filing addresses for Form I-131 webpage for mailing address information. (Online filing is currently not available for Form I-131.) Note on fees: If you are requesting a replacement Advance Parole Document and have a pending Form I-485 filed after July 30, … Read more