U.S. Immigration Updates – Week of October 9, 2023
USCIS Reminds Employers to Start Using New Form I-9 by November 1 Deadline
U.S. Citizenship and Immigration Services (USCIS) reminded employers about the November 1, 2023, deadline for using the updated Form I-9, Employment Eligibility Verification with the 08/01/2023 edition date.
USCIS also noted that a revised Spanish edition of Form I-9 with an edition date of 08/01/2023 is available for use in Puerto Rico only and by other employers as a translation aid.
SOURCE: USCIS notice (Oct. 5, 2023).
State Department Restores Previous Version of Regulation Governing Public Change Grounds of Visa Ineligibility
The Department of State (DOS) announced on October 6, 2023, that its regulation governing the public charge grounds of visa ineligibility has been restored to the version that was in place before October 11, 2019.
On October 11, 2019, DOS published an interim final rule (IFR) that substantially revised the regulations governing the grounds. The IFR was enjoined by the District Court for the Southern District of New York on July 29, 2020, DOS explained. Since that time, the agency has used Foreign Affairs Manual (FAM) guidance that was in place before publication of the IFR.
“The IFR was intended to align with the standards then applied by the U.S. Department of Homeland Security (DHS) to determine inadmissibility on public charge grounds. In 2022, DHS published a new Final Rule. As such, the IFR no longer meets the policy aim of consistency with DHS standards. In reverting to regulatory text that was in place prior to the publication of the IFR, the Department is again more closely aligned with the current DHS standards,” DOS explained.
SOURCE: DOS news release (Oct. 6, 2023)
State Department Announces U.S. Passport Processing Times, Tips
The Department of State (DOS) announced that U.S. passport processing times have fluctuated several times in 2023. As of October 2, 2023, routine applications were being processed in eight to 11 weeks, and expedited applications in five to seven weeks. Processing times do not include mailing time.
DOS said that between October 2022 and September 2023, DOS issued more than 24 million passport books and cards, the most in U.S. history. DOS encourages applicants to check the status of their passport application and sign up for updates via email.
DOS also released the following tips for U.S. passport applicants:
- If you’re renewing your application, submit your most recent passport with your application. Sign and date Form DS-82.
- Complete all sections of your form including entering your correct Social Security number. Do not leave anything blank. If you’re applying for the first time or with your child under age 16, wait to sign the form until you are instructed to do so. If you’re renewing by mail, sign and date the form on your own.
- Closely follow the passport photo requirements.
- Provide evidence of U.S. citizenship.
- If your current name is not the same as the name on your most recent passport, include your name change document (such as marriage certificate, divorce decree, or court order).
SOURCE: Important Updates on Passport Processing (state.gov)