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Alien Registration Form G-325R and Evidence of Registration for Non-Citizens in USA

3/13/2025

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The U.S. Department of Homeland Security (DHS) published Interim Final Rule (IFR) on March 12, 2025 requiring non-US citizens to register and be fingerprinted, if they have never been registered or fingerprinted, if they intend to remain in the U.S. for more than 30 days. The main purpose of the new requirement is immigration enforcement and removal. 

DHS has also provided the procedure for completing the registration requirements. Form G-325R is available for filing online. Effective date is April 11, 2025.

The rule is based on the statutory requirement in the Immigration and Nationality Act (INA), Section 262, which requires all non-US citizens to register with the DHS and be fingerprinted. However, until now, there was no formal process to comply with the rule apart from mandatory fingerprinting while applying for a visa at U.S. Consulates/Embassies abroad and submitting certain applications for benefits or status to U.S. Citizenship and Immigration Services (USCIS).

With the IFR, the DHS has now specified the procedure to comply with the registration requirement for non-US citizens who are not nonimmigrants or Lawful Permanent Residents (“green card” holders). Nonimmigrants and green card holders can skip to the “What Should I Do?” section at the bottom of this Alert for specific instructions.

Non-US citizens not otherwise registered must create an account on the myUSCIS website and submit Form G-325R (Biographic Information – Registration), available only for online filing, to USCIS. Form G-325R requests information on the registrant’s name and other identifying information, current mailing address and physical address, 5 years of address history, arrival date and immigration history, planned activity in the United States, plans to depart the United States (if any), and criminal history (if any). The form also requests any current spouse’s name and identifying information (though not immigration status), as well as each parent’s name, date and place of birth, and current residence. Registrants can upload any supporting documentation they wish to provide through the system or provide any free text information they wish to provide.

Once Form G-325R is submitted, the IFR states that USCIS will provide an appointment for the registrant to appear at an Application Support Center to have their fingerprints taken, unless they fall into a category exempted from fingerprinting.

Non-US citizens are required to submit the form within 30 days of the publishing of this rule, so by April 12, 2025. There is currently no fee to submit the form, though USCIS is requesting comments on whether it should impose a $30 fee to recover the costs of operating the registration process.

Non-US citizens over the age of 18 are required to carry proof of their registration with them at all times. Proof of registration can be printed from the USCIS website once Form G-325R is completed online for those not required to be fingerprinted. If fingerprinting is required, proof of registration will be available in the person’s myUSCIS account once fingerprinting is completed.

Aliens who have already registered include:
  • Lawful permanent residents;
  • Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
  • Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
  • All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
  • Aliens whom DHS has placed into removal proceedings;
  • Aliens issued an employment authorization document;
  • Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and
  • Aliens issued Border Crossing Cards.

Who is not registered?
Anyone who has not applied to the Department of State for a visa, been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b), or has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include:
  • Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who crossed the border illegally);
  • Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and
  • Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).

Foreign nationals who must register include:
  • All non-US citizens who were not registered and fingerprinted when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. This includes:
    • Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration must now register if they intend to remain in the U.S. for 30 days or longer; however, fingerprinting will continue to be waived for Canadian visitors.
    • Non-US citizen children below the age of 14 years of age who have not been registered and remain in the United States for 30 days or longer. Therefore, parents with children on H-4, F-2, O-3, and similar dependent statuses are now required to register their children, though the children will not need to submit fingerprints until they reach age 14.
    • Persons who entered without inspection and who have not been fingerprinted in connection with any pending application for immigration benefits.
  • Any noncitizen, regardless of previous registration, who turns 14 years old in the United States, must update their registration and be fingerprinted within 30 days after their 14th birthday.
  • Green card holders who obtained their green cards under age 14 are required to register by filing Form I-90, to replace their green cards, and be fingerprinted, upon reaching age 14. They should file Form I-90 instead of Form G-325R. 
  • Non-US citizens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), who were not issued evidence of registration, such as an employment authorization document, must register with Form G-325R.

Non-US citizens who have previously been registered and do not need to register:
  • Any non-US citizen or visitor from Canada in the U.S. for 30 days or less
  • All non-US citizens over age 14 who entered the United States with a nonimmigrant (temporary) visa or using ESTA after 2004, as they were registered and fingerprinted through their application for a visa and/or upon arrival in the United States. At all times, nonimmigrants should carry a printout of their Form I-94, Arrival-Departure Record from the CBP website as evidence of registration.
  • All green card holders (immigrants) who were over 14 years of age when they received their green cards have been registered and fingerprinted as part of the green card application process. Lawful Permanent Residents must carry their Permanent Resident (“green”) Card with them at all times as evidence of registration.

Penalties for Failure to Register and Failure to Carry Proof of Registration:
Non-US citizens who willfully do not comply with the registration and fingerprinting requirements are subject to criminal penalties, including a fine of up to $5000 or imprisonment for up to six months, or both. This penalty also applies to parents or guardians of those under the age of 14 who willfully fail to comply on behalf of their children. In addition, providing false information on the registration form is punishable under several criminal statutes, including imprisonment for up to 10 years for knowingly making a false statement under penalty of perjury in a document required by immigration laws and regulations.

What Should I Do?

Whether you are impacted by the new registration requirement depends upon your immigration status in the United States:
  • If you do not have a green card and are not in valid nonimmigrant status (including if you have stayed beyond your allowed period of stay in the United States or have violated your nonimmigrant status), you should consult with an attorney.
  • If you have a currently valid nonimmigrant status (F-1/F-2, H-1B/H-4, ESTA entry, etc.): Your nonimmigrant status, as evidenced by your I-94 printed from the CBP website, meets the registration and fingerprinting requirement if you are over age 14, so you are not affected by this rule. You should carry a copy of your I-94 printout and notify USCIS of any changes in your home address on Form AR-11 to maintain your valid registration with USCIS.
  • If you are a Lawful Permanent Resident (including Conditional Permanent Resident) or “green card” holder: Your permanent resident status, as evidenced by your “green card,” meets the registration and fingerprinting requirement if you are over age 14, so you are not affected by this rule. You should carry your Permanent Resident Card with you and notify USCIS of any changes in your home address on Form AR-11 to maintain your valid registration with USCIS.
  • If you are the parent of a child under age 14 who is either in nonimmigrant status (F-2, H-4, O-3, etc.), or who is a “green card” holder, you must register your child under this new procedure. You should create a myUSCIS account for each child in that child’s name and complete Form G-325R for that child. Once your child turns age 14, you should update their registration on Form G-325R (for nonimmigrants) or file Form I-90 to replace the child’s green card and be fingerprinted (for green card holders). If you have questions about the registration process for your children, you should contact an attorney.
  • If you do not have a green card and are not in valid nonimmigrant status (including if you have stayed beyond your allowed period of stay in the United States or have violated your nonimmigrant status), should consult an attorney.

STEP-BY-STEP GUIDE FROM USCIS:

Step 1: Create a USCIS Online Account
To register, you must first create a USCIS online account. See our How to Create a USCIS Online Account page for more information.
Each alien submitting Form G-325R must have their own individual USCIS online account. This includes aliens under the age of 14. If you are the parent or legal guardian of an alien under the age of 14 who needs to register, you will need to set up an individual USCIS online account on your child’s behalf and in their name.
Step 2: Submit Form G-325R
Once you create your or your child’s (if you are the parent or legal guardian of an alien under 14 years of age) USCIS online account, fill out an electronic version of the Form G-325R, Biographic Information (Registration). Form G-325R must be filed online through a USCIS online account. It cannot be filed by mail or in person.

​Step 3: USCIS review of Form G-325R
Once you have submitted Form G-325R, USCIS will review the information you provided and any DHS records that are available about you. If it appears that you have already complied with the registration requirements in some other way and do not need to submit Form G-325R, USCIS will notify you that you have already complied with the registration requirement. If you have already registered as required under INA 262, USCIS will not schedule you for a biometric services appointment or provide you with evidence of registration. If it appears that you are required to register, USCIS will review your Form G-325R to determine if you are required to appear for a biometric services appointment. If you are not required to appear for a biometric services appointment (for example, Canadian visitors and aliens under 14 years of age), USCIS will provide you with evidence of registration (see Step 5 below).
Step 4: Attend appointment for biometrics collection
If you are required to register and provide biometrics, USCIS will schedule you for a biometric services appointment at one of our Application Support Centers (ASCs). Registrants are not required to pay a biometric services fee under the Interim Final Rule.
See our Preparing for Your Biometric Services Appointment for more information about what to expect.
A willful failure or refusal to attend your biometric services appointment (if required) may result in a determination that you have failed to register under INA 266(a), 8 U.S.C. 1306(a), and may result in criminal penalties.
Step 5: Receive registration documentation
Once you have registered and provided your biometrics (if required), we will post a notice (USCIS Proof of G-325R Registration) that provides proof of your registration to your USCIS online account. In your USCIS online account, you will be allowed to download a PDF version of the notice and can print it.


Read more about Alien Registration requirement here.
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I-9 Form: Penalties for Immigration-Related Violations in 2025

1/13/2025

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As required by law, the Department of Homeland Security Immigration & Customs Enforcement (ICE), through the Federal Register, announced increases for penalties under the Immigration Reform & Control Act (IRCA), effective January 2, 2025. The higher penalties are for those cases where the penalties are assessed on February 13, 2024, and thereafter. These increases were about 1%, which is similar to the 2024 increases due to inflation.

​With an expected surge in ICE I-9 audits and ICE raids, employers should pay careful attention to their I-9 forms and conduct an internal I-9 audit to correct, any I-9 errors. Such an internal I-9 audit could save an employer substantial money if audited by ICE. 

​Form I-9 is here

Employers must:
  • Have a completed Form I-9 on file for each person on their payroll who is required to complete the form;
  • Retain and store Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later; and
  • Make their forms available for inspection if requested by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

Below are the offenses with the old and new penalties:
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US Department of State Proposed New Rule to Allow Attorneys to Attend Interview at the US Embassies

8/15/2023

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The U.S. Department of State (DOS) is proposing a new rule that would allow third parties (including attorneys, interpreters, and others) to attend interviews at consulates, embassies, and passport agencies and centers for U.S. citizen services.
These services include but are not limited to appointments for passports, requests for Consular Reports of Birth Abroad (CRBA), and Certificates of Loss of Nationality. The State Department wants to accommodate U.S. citizens who wish to have a third-party with them and believes that most consulates, embassies, and centers have the necessary physical capacity to handle this.
State Department guidance has permitted such third-party attendance in the past, but there have been no specific centralized regulations.
Some consulates, however, have issued detailed guidance. An example is the U.S. Embassy and Consulate in Thailand, which has the following parameters for passport and Consular Report of Birth Abroad appointments:
  • Only one third-party per applicant;
  • An attorney cannot substitute for the applicant;
  • The consular official retains discretion to determine the scope and conduct of the interview;
  • Attorneys are expected to provide guidance before the interview – not during the interview;
  • Attorneys may not engage in legal argumentation during the interview;
  • Third-parties (other than the parent or guardian or a minor child) may not answer questions, summarize, clarify or otherwise interfere with an applicant’s responses;
  • No coaching is allowed;
  • Attendees may not object to questions or instruct the applicant not to answer;
  • Attendees may take written notes, but recording is not allowed; and, of course,
  • Attendees may not be disruptive.
The proposed rule was published in Federal Register, and the State Department will be accepting comments on the proposed new rule until September 25, 2023. 
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Premium Processing for I-765 Work Permit and I-539 Change of Status

6/17/2022

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In March 2022, USCIS published the Final Rule in Federal Register, and announced that Premium Processing soon to become available for several new USCIS applications, including I-765 - work permit, I-539 - change of status for a student F-1, F-2, J-1, etc.

Expected timeframes or processing times will be 30 days.

The Final Rule was published in Federal Register in March 2022.

When USCIS updates information and forms on their website, premium processing will become available.

The fee for a premium processing (USCIS I-907) must be paid separately and in addition to the base filing fee.

В марте 2022 было объявлено о намерении сократить сроки рассмотрения многих петиций и заявлений. Для ускорения рассмотрения было предложено распространить процедуру Ускоренного рассмотрения на новые группы заявлений. В том числе, на разрешение на работу и на смену статуса с туристического на студенческий. Такие заявления предполагается будут рассмотрены в течение 30 дней. Дополнительные госпошлины будут взимать в дополнение к базывым госпошлинам.


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EB-5 Immigrant Investor Reform

7/24/2019

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On July 24, 2019, new EB-5 Immigrant Investor regulations were published in Federal Register.

The final rule will become effective on November, 21, 2019.
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Major changes to EB-5 in the final rule include:

Raising minimum investment amounts: the standard minimum investment level will increase from $1 million to $1.8 million, the first increase since 1990, to account for inflation.
The rule also keeps the 50% minimum investment differential between a TEA and a non-TEA, thereby increasing the minimum investment amount in a TEA from $500,000 to $900,000. The final rule also provides that the minimum investment amounts will automatically adjust for inflation every five years. 
The final rule outlines changes to the EB-5 program to address gerrymandering of high-unemployment areas (which means deliberately manipulating the boundaries of an electoral constituency). As of the effective date of the final rule, DHS will eliminate a state’s ability to designate certain geographic and political subdivisions as high-unemployment areas; instead, DHS would make such designations directly based on revised requirements in the regulation limiting the composition of census tract-based TEAs. These revisions will help ensure TEA designations are done fairly and consistently, and more closely adhere to congressional intent to direct investment to areas most in need. 
Clarifying USCIS procedures for removing conditions on permanent residence: The rule revises regulations to make clear that certain derivative family members who are lawful permanent residents must independently file to remove conditions on their permanent residence. The requirement would not apply to those family members who were included in a principal investor’s petition to remove conditions. The rule improves the adjudication process for removing conditions by providing flexibility in interview locations and to adopt the current USCIS process for issuing Green Cards.
Allowing EB-5 petitioners to keep their priority date: The final rule also offers greater flexibility to immigrant investors who have a previously approved EB-5 immigrant petition. When they need to file a new EB-5 petition, they generally now will be able to retain the priority date of the previously approved petition, subject to certain exceptions.
Once an investor has obtained an immigrant visa through an I-526 petition and become a conditional resident, he or she can no longer use the priority date of that I-526 petition if he or she files a new I-526 petition. The regulations only offer protection to investors whose I-526 petitions have been approved, and who have not yet obtained conditional residence.

The regulations will be in effect and apply to all I-526 petitions filed on or after November 21, 2019. Any petition filed before that date will be subject to the current rules.

​Read more here.

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USCIS is preparing to rescind the International Entrepreneur Rule

5/12/2018

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The U.S. Department of Homeland Security (DHS) has taken the first step to officially rescind the International Entrepreneur Rule (IER), a program that allows qualifying foreign entrepreneurs an opportunity to stay in the United States while building start-up businesses. The proposed rescission cleared the Office of Information and Regulatory Affairs (OIRA) on May 2, 2018. DHS is expected to publish a formal notice of the rule in the Federal Register in the coming weeks.
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The IER was enacted by the Obama administration in an effort to “increase and enhance entrepreneurship, innovation, and job creation in the United States.” The rule gave DHS discretionary authority to allow certain foreign entrepreneurs of start-up businesses with a “demonstrated potential for rapid business growth and job creation,” to enter under a parole status and stay in the United States to oversee and grow their start-up businesses.

However, mere days before the rule’s July 17, 2017, effective date, DHS filed a new rule delaying the implementation of the IER until March 14, 2018. DHS cited President's “Border Security and Immigration Enforcement Improvements” executive order as the reason for the delay. DHS explained that the executive order requires that parole be granted only on a case-by-case basis “when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole.”

On December 1, 2017, a federal judge invalidated USCIS's delay, and found that DHS had violated the Administrative Procedure Act by not providing notice or an opportunity for advance public comment on the rule. As a result of this court order, USCIS had to launch the IER and began accepting applications.

In a statement appearing on the USCIS website, DHS makes clear its intention to rescind the IER “because it is not the appropriate vehicle for attracting and retaining international entrepreneurs and does not adequately protect U.S. investors and U.S. workers.” That statement also provides that “while DHS complies with the court order and implements the IER parole program, DHS is also in the final stages of publishing a notice of proposed rulemaking seeking to remove the IER.”

Once the proposed rule is published in the Federal Register, the rule will be opened up to the general public for comment, usually for a period of 30 or 60 days. After the comment period, DHS must resubmit its final rule to OIRA for one last review before the final rule can be published in the Federal Register. This process will likely take several months. At this time IER is still in effect, but is expected to be eliminated soon.
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USCIS to Begin Accepting Applications under the International Entrepreneur or Startup Parole Rule

12/15/2017

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On December 14, 2017, USCIS published an announcement that they will begin accepting applications under the International Entrepreneur Rule or Startup Parole Rule (which was scheduled to take effect on July 17, 2017, but was postponed by current administration with intent to rescind).

The IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018. 

However, a December 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The December 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.

The IER or Startup Rule was published in the Federal Register on January 17, 2017 to provide the international entrepreneurs a new avenue to apply for parole, enter the U.S., and establish and grow start-up businesses.

Parole is a discretionary grant made by the DHS and is granted only on a case-by-case basis for urgent humanitarian reasons or significant public benefit. The rule established new criteria to guide the adjudication of parole applications from certain foreign entrepreneurs, providing them with temporary permission to come to the country. The rule did not afford a path to citizenship, which only Congress can do.
On Jan. 25, 2017, President Trump issued Executive Order 13767, Border Security and Immigration Enforcement Improvements, which requires the Secretary of Homeland Security to ensure that parole authority is exercised only on a case-by-case basis, and only when an individual demonstrates urgent humanitarian reasons or a significant public benefit due to the parole.

Guidance on how to submit IER applications is available on USCIS International Entrepreneur Parole page.
Please note: while DHS implements the IER, DHS will also proceed with issuing a notice of proposed rulemaking (NPRM) seeking to remove the Jan. 17, 2017, IER. DHS is in the final stages of drafting the NPRM.

​Read full text of the announcement at USCIS website here.

It appears that the USCIS made this announcement after the December 1st 2017 court ruling, however, USCIS plans to issue a new rule which will repeal and rescind the Startup Rule in the near future.

Please read our previous blog posts on this topic here , here, and here.

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International Entrepreneur Rule or Startup Visa to be Postponed, Rescinded

7/10/2017

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The current administration plans to postpone and eventually to rescind the previous administration's rule allowing foreign entrepreneurs to come to the U.S. to start companies, so called "startup visa". or "startup parole"

​In January 2017, DHS estimated that 2,940 entrepreneurs would be eligible under the rule annually.


The rule, called the International Entrepreneur Rule, was scheduled to go into effect July 17, 2017.

DHS announced that the implementation of the rule will be delayed until March 14, 2018, and that the agency may rescind the rule entirely. A USCIS spokesperson said the rule is "under review." 

The notice is was published in Federal Register. DHS has announced that it will accept public comments regarding the delay and potential elimination of the Rule until August 10, 2017. 

As a first step, USCIS will postpone or delay the implementation date. The agency is expected to start the formal process to eliminate or rescind the rule. 

More details on the rule here.

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Automatic extension of work permit EAD for 180 days if I-765 filed while previous work permit still valid

1/27/2017

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On January 17, 2017, a new rule requiring automatic extension of a work permit for additional 180 days after the expiration date was published at Federal Register.

Federal Register: "Finally provide additional stability and certainty to U.S. employers and individuals eligible for employment authorization in the United States, this final rule changes several DHS regulations governing the processing of applications for employment authorization.

First, to minimize the risk of any gaps in employment authorization, this final rule automatically extends the validity of Employment Authorization Documents (EADs or Forms I-766) in certain circumstances based on the timely filing of EAD renewal applications." 


Concurrently, DHS eliminates the regulatory provisions that require adjudication of the Application for Employment Authorization (Form I-765 or EAD application) within 90 days of filing and that authorize interim EADs in cases where such adjudications are not conducted within the 90-day timeframe.

See final 8 CFR 247a.13(d).

17 января 2017 в Федеральном Регистре были опубликованы изменения в процедуру продления разрешения на работу. Это было сделано бывшей администрацией президента. 

Новое правило установило порядок автоматическое продление срока действия разрешения на работу на 180 дней, пока ваше заявление на продление находится на рассмотрении, учитывая, что подано вовремя до истечения срока действия предыдущего разрешения на работу. 

В соответствии с новым правилом, после подачи заявления в USCIS на продление разрешения на работу, форма USCIS I-765, пока заявление рассматривается, заявителям пришлют по почте форму нового образца (форма I-797), которая будет автоматически продлевать предыдущее разрешение на работу на 180 дней.

Полный перечень заявителей, на которых распространяются эти правила внизу.

List of the work permit renewal applicants, who are authorized automatic 180-day extension:


1) Aliens admitted as refugees (274a.12(a)(3))
2) Aliens granted asylum (274a.12(a)(3))
3) Aliens admitted as parents or dependent children of aliens granted permanent residence under section 101(a)(27)(I) of the INA (274a.12(a)(7))
4) Aliens admitted to the United States as citizens of the Federated States of Micronesia, the Marshall Islands, or Palau under agreements between the United States and those nations (274a.12(a)(8))
5) Aliens granted withholding of deportation or removal (274a.12(a)(10))
6) Aliens granted Temporary Protected Status (TPS) (regardless of the employment authorization category on their current EADs) (274a.12(a)(12) and (c)(19))
7) Aliens who have properly filed applications for TPS and who have been deemed prima facie eligible for TPS under 8 CFR 244.10(a) and have received an EAD as a “temporary treatment benefit” under 8 CFR 244.10(e) and 274a.12(c)(19)
8) Aliens who have properly filed applications for asylum or withholding of deportation or removal (274a.12(c)(8))
9) Aliens who have filed applications for adjustment of status under section 245 of the INA, 8 U.S.C. 1255 (274a.12(c)(9))
10) Aliens who have filed applications for suspension of deportation under section 244 of the INA (as it existed prior to April 1, 1997), cancellation of removal under section 240A of the INA, or special rule cancellation of removal under section 309(f)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (274a.12(c)(10))
11) Aliens who have filed applications for creation of record of lawful admission for permanent residence (274a.12(c)(16))
12) Aliens who have properly filed legalization applications pursuant to section 210 of the INA, 8 U.S.C. 1160 (274a.12(c)(20))
13) Aliens who have properly filed legalization applications pursuant to section 245A of the INA, 8 U.S.C. 1255a (274a.12(c)(22))
14) Aliens who have filed applications for adjustment of status pursuant to section 1104 of the LIFE Act (274a.12(c)(24))
15) Aliens who are the principal beneficiaries or qualified children of approved VAWA self-petitioners, under the employment authorization category “(c)(31)”

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Effective December 23, 2016, USCIS will increase filing fees by 21 percent

10/24/2016

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On October 24, 2016, the Final rule was published in Federal Register.

​SUMMARY: The Department of Homeland Security (DHS) is adjusting the fee schedule for immigration and naturalization benefit requests processed by U.S. Citizenship and Immigration Services (USCIS). The fee schedule was last adjusted on November 23, 2010.

DHS has determined that adjusting the fee schedule is necessary to fully recover costs and maintain adequate service. DHS published a proposed fee schedule on May 4, 2016. Under this final rule, DHS will increase fees by a weighted average of 21 percent; establish a new fee of $3,035 covering USCIS costs related to processing the Employment Based Immigrant Visa, Fifth Preference (EB–5) Annual Certification of Regional Center, Form I–924A; establish a three-level fee for the Application for Naturalization, Form N–400; and remove regulatory provisions that prevent USCIS from rejecting an immigration or naturalization benefit request paid with a dishonored check or lacking the required biometric services fee until the remitter has been provided an opportunity to correct the deficient payment.

DATES: This rule is effective December 23, 2016. Applications or petitions mailed, postmarked, or otherwise filed on or after December 23, 2016 must include the new fee. 

DETAILS: Establish a three-level fee for Application for Naturalization, Form N–400.

First, DHS will increase the standard fee for Form N–400 from $595 to $640 (plus Biometrics fee).

Second, DHS will continue to charge no fee to applicants who meet the requirements of sections 328 or 329 of the Immigration and Nationality Act of 1952 (INA) with respect to military service and applicants with approved fee waivers.

Third, DHS will charge a reduced fee of $320 for naturalization applicants with family income greater than 150 percent and not more than 200 percent of the Federal Poverty Guidelines.

* Remove regulatory provisions that prevent USCIS from rejecting an immigration or naturalization benefit request paid with a dishonored check or lacking the required biometric services fee until the remitter has been provided an opportunity to correct the deficient payment.

* Clarify that persons filing any benefit request may be required to appear for biometrics services or an interview and may be required to pay the biometrics services fee. 

FINAL RULE: 

A. Changes in the Final Rule This section details the changes made in this final rule as compared to the NPRM. These changes are summarized as follows: 1. Application to Register Permanent Residence or Adjust Status, Form I–485. DHS has revised the regulatory language regarding the fee for the Application to Register Permanent Residence or Adjust Status, Form I–485, to clarify that the proposed $750 discounted fee is available for all applicants under 14 years old who submit their Form I–485 with that of a parent. These revisions accord the fee regulations with the current Form I–485 instructions and intake practices. See new 8 CFR 103.7(b)(1)(i)(U)(2); 81 FR 26919. The section later in this preamble entitled, ‘‘Adjustment of Status, Form I–485, and Interim Benefits,’’ provides more details about this change. 

2. Dishonored payments. DHS has also clarified the regulations governing USCIS actions when a check used to pay the required fee is dishonored by the remitter’s bank. Under this final rule, USCIS will submit all initially rejected payments to the applicant’s bank a second time for it to clear or be rejected. 8 CFR 103.2(a)(7)(ii)(D). If the check is rejected again following re-submission by USCIS, it will reject the case for fee non-payment. If the case has been approved, USCIS will send a notice of intent to revoke the approval. The section later in this preamble entitled, ‘‘Dishonored Payments,’’ provides more details about this change. 3. Application for Advance Permission to Enter as a Nonimmigrant, Form I–192, and Application for Waiver for Passport and/or Visa, Form I–193. DHS has made adjustments to the proposed fees in the final rule for the Application for Advance Permission to Enter as a Nonimmigrant, Form I–192, and the Application for Waiver for Passport and/or Visa, Form I–193. For the reasons outlined in section IV.B.2.p. of this preamble, the fees that will be charged for Forms I–192 and I–193 will remain at $585, rather than the proposed fee of $930 when such forms are submitted to and processed by the U.S. Customs and Border Protection (CBP). See new 8 CFR 103.7(b)(1)(i)(P)– (Q). 

NEW SCHEDULE OF USCIS FILING FEES, effective 12/23/2016, here pages 3-4.

For example, here is a schedule of new fees for some of the applications (not including biometrics):

- I-485 - $1,140 plus biometrics
- I-485 for a child under 14 - $750
- I-130 - $535
- I-129F - $535
- I-90 - $455
- I-601 - $930
- I-601A - $630
- I-751 - $595
- I-765 - $410
- N-400 - $640
- N-600 - $1,170
- Green card fee - $220 (was $165)
- Biometrics fee remains the same - $85. 


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USCIS Proposes New Rule: 2-Year Parole for International Entrepreneurs, Can Be Extended for 3 Additional Years

8/26/2016

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​U.S. Citizenship and Immigration Services (USCIS) is proposing a new rule, which would allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so that they may start or scale their businesses here in the United States.
Read the advance version of the notice of proposed rulemaking: International Entrepreneur Rule. Once the notice of proposed rulemaking is published in the Federal Register, the public will have 45 days from the date of publication to comment. To submit comments, follow the instructions in the notice.

The proposed rule would allow the Department of Homeland Security (DHS) to use its existing discretionary statutory parole authority for entrepreneurs of startup entities whose stay in the United States would provide a significant public benefit through the substantial and demonstrated potential for rapid business growth and job creation.  Under this proposed rule, DHS may parole, on a case-by-case basis, eligible entrepreneurs of startup enterprises:
  • Who have a significant ownership interest in the startup (at least 15 percent) and have an active and central role to its operations;
  • Whose startup was formed in the United States within the past three years; and
  • Whose startup has substantial and demonstrated potential for rapid business growth and job creation, as evidenced by:
    • Receiving significant investment of capital (at least $345,000) from certain qualified U.S. investors with established records of successful investments;
    • Receiving significant awards or grants (at least $100,000) from certain federal, state or local government entities; or
    • Partially satisfying one or both of the above criteria in addition to other reliable and compelling evidence of the startup entity’s substantial potential for rapid growth and job creation.
Under the proposed rule, entrepreneurs may be granted an initial stay of up to two years to oversee and grow their startup entity in the United States.  A subsequent request for re-parole (for up to three additional years) would be considered only if the entrepreneur and the startup entity continue to provide a significant public benefit as evidenced by substantial increases in capital investment, revenue or job creation. 
The notice of proposed rulemaking in the Federal Register invites public comment for 45 days, after which USCIS will address the comments received.  The proposed rule does not take effect with the publication of the notice of proposed rulemaking.  It will take effect on the date indicated in the final rule when a final rule is published in the Federal Register.
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USCIS is planning to raise filing fees.

5/19/2016

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Per Federal Register notice published on May 4, 2016, the U.S. Citizenship and Immigration Services (USCIS) is planning to raise filing fees for most types of immigration filings and applications.
. 
Examples of commonly used forms that would see fee increases:

Petition Type Current Fee Proposed Fee

I-129 Petition for Nonimmigrant Worker $ 325 $ 460
I-130 Petition for Alien Relative $ 420 $ 535
I-131 Application for Travel Document $ 360 $ 575
I-140 Immigrant Petition for Alien Worker $ 580 $ 700
I-485 Application to Adjust Status $ 985 $1140 plus biometrics
I-539 Application to Extend or Change Nonimmigrant Status $ 290 $ 370
I-765 Application for Employment Authorization $ 380 $ 410
N-400 Application for Naturalization $ 595 $ 640 plus biometrics fee.

***Reduced Fee for Some Naturalization Applications. 
The proposed rule sets forth potential changes to the fee requirements for naturalization applications for families that meet designated income limitations. Under current regulations, a naturalization applicant can request a fee waiver for both the N-400 application ($595) and the corresponding biometrics ($85). The proposed rule would leave the fee waiver in place, and also create a NEW option allowing for a 50 percent fee reduction for non-military naturalization applicants who have incomes greater than the 150 percent of poverty line, but not more than 200 percent of the poverty guidelines. 
Comment Opportunity for Public Ends July 5, 2016.

​
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