USCIS Issues Proposed Rule to Adjust Certain Immigration and Naturalization Fees
U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking (NPRM) to adjust certain immigration and naturalization benefit request fees. The new fees would allow USCIS to fully recover its operating costs, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs. USCIS receives approximately 96 percent of its funding from filing fees, not from congressional appropriations.
The proposed rule would increase some fees, including a modest increase in the fee for certain naturalization applications, while preserving existing fee waiver eligibility for low-income and vulnerable populations and adding new fee exemptions for certain humanitarian programs. If finalized, the proposed rule would decrease or minimally increase fees for more than one million low-income filers each year.
Fees will not change until the final rule goes into effect, after the public has had the opportunity to comment and USCIS finalizes the fee schedule in response to such comments. USCIS will host a public engagement session on the proposed fee rule on January 11, 2023.
Supreme Court Grants Emergency Request to Keep Title 42
In a 5-4 vote, the Supreme Court granted an emergency request by 19 Republican state attorney generals who sought to intervene in defense of the policy. This kept in place a Trump-era immigration policy allowing asylum-seekers to be quickly turned away.
USCIS Announces Form I-589 Is Available for Online Filing
USCIS announced that certain affirmative asylum applicants may now file Form I-589, Application for Asylum and for Withholding of Removal online. The notice outlines which applicants cannot currently file online. By offering certain applicants the option to file an online Form I-589, USCIS continues to make the process of applying for immigration benefits efficient, secure, and convenient for more applicants.
Individuals may not file online if they:
- Are in proceedings in immigration court or before the Board of Immigration Appeals;
- Are an unaccompanied alien child as defined in 6 U.S.C. § 279(g) and are in removal proceedings;
- Are among the categories of applicants who must currently file by mail with the Asylum Vetting Center as outlined in the Special Instructions section of the Form I-589 webpage; or
- Already submitted a Form I-589, which is still pending with USCIS.
DHS Notice of Designation of Ethiopia for Temporary Protection Status
Due to the armed conflict taking place in multiple regions of Ethiopia, the country is currently facing a crisis that has resulted in the largescale displacement of many civilians. As such, the Department of Homeland Security (DHS) has announced that Ethiopia will be designated Temporary Protection Status (TPS) for 18 months, beginning on December 12, 2022, and ending on June 12, 2024. This designation will allow Ethiopian nationals (and individuals with no nationality who last habitually resided in Ethiopia) to apply for TPS.
To be considered eligible for TPS, applicants must have continuously resided in the United States since October 20, 2022 and must have been continuously physically present in the United States since December 12, 2022. DHS estimates that approximately 26,730 individuals may become eligible for TPS under the designation of Ethiopia. Individuals may submit an initial application during the registration period that runs from December 12, 2022, to June 12, 2024.
What is Temporary Protection Status (TPS)?
Temporary Protection Status (TPS) is a temporary immigration status that is granted to eligible nationals of a designated foreign state and to individuals with no nationality who have last habitually resided in a designated foreign state. Foreign states are designated for TPS by USCIS through the Immigration and Nationality Act. During the designation period, eligible TPS beneficiaries can remain in the United States, may not be removed, and are authorized to work so long as they continue to meet the requirements of TPS.
Visa Bulletin Update – January 2023
A. FINAL ACTION DATES FOR FAMILY- SPONSORED PREFERENCE CASES
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)
