USCIS Provides Third Gender Option on Form N-400
On April 1, 2024, USCIS announced a revised Form N-400, Application for Naturalization, to provide a third gender option, “X,” defined as “Another Gender Identity.” USCIS is also updating guidance in the USCIS Policy Manual accordingly to account for this form revision and other forthcoming form revisions that will add a third gender option; see the Policy Alert.
The 04/01/24 edition of Form N-400 will be the first USCIS form to include the X gender option. Applicants filing this edition of Form N-400 on or after April 1, 2024, will have X immediately available as a gender option on their form.
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. For all other forms, individuals must wait until USCIS revises those forms to include the X gender option.
Applicants do not need to provide supporting documentation to select X as their gender initially or to change their gender selection for Form N-400. The gender selected does not need to match the gender listed on applicant’s other immigration documents or on supporting identity documents, such as the birth certificate, passport, or state identification.
Note that if the X gender option is selected on the new Form N-400, the applicant may need to visit a Social Security office for a Social Security card or to update their citizenship status. The Social Security Administration is still developing systems to accept the X gender option.
H-1B Initial Electronic Registration Selection Process Completed
On April 1, 2024, USCIS announced that it had received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). All prospective petitioners with selected beneficiaries have been notified that they are eligible to file an H-1B cap-subject petition for such beneficiaries.
Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):
Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
Selected: Selected to file an H-1B cap petition.
Not Selected: Not eligible to file an H-1B cap petition based on this registration.
Denied – duplicate registration: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
Invalidated – failed payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
Deleted: The submitted registration has been deleted and is no longer eligible for selection.
Processing submission: USCIS is processing your submission. It may take up to 72 hours for all of your case information to show on the case details page. While it is processing, you will be unable to access your draft.
H-1B cap-subject petitions for FY 2025, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2024 through June 30, 2024, if filed for a selected beneficiary and based on a valid registration. Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2025.
April Visa Bulletin
Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.
In April, the EB-1 preference category on the Final Action Chart remains current for all countries other than China and India. The EB-1 priority dates for China and India are September 1, 2022 for China and March 1, 2021 for India.
U.S. Citizenship and Immigration Services (USCIS) determined that the Final Action for Employment-Based Visa Applications Chart could be used in April. Both the EB-2 and EB-3 preference categories remain backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority dates become “current.” Very little to no forward movement is expected in the coming months since the final action dates for many categories advanced for April 2024.
The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
DHS Announces Final Rule to Remove Obsolete Procedures and Requirements Related to F, J, and M Nonimmigrants
On April 2, 2024, the Department of Homeland Security (DHS) published a Final Rule in the Federal Register, Removal of Obsolete Procedures and Requirements Related to F, J, and M Nonimmigrants, which finalizes the requirements from the Interim Final Rule published in December 2022 without any significant changes, responds to public comments and amends 8 CFR 214.2. As part of this Final Rule, DHS further clarifies who may provide documentation to substantiate a student’s illness or medical condition for authorization of a reduced course load, removes obsolete language and corrects a form title. The rule will become effective 30 days after the date of publication in the Federal Register.
Department of Homeland Security Issues Notice of Special Student Relief (SSR) for Venezuelan and Burmese Students Experiencing Severe Economic Hardship
The Department of Homeland Security (DHS) posted a notice in the Federal Register that provides Special Student Relief (SSR) employment benefits for F-1 nonimmigrant students from Venezuela and Burma (Myanmar) who are experiencing severe economic hardship as a result of current armed conflict and humanitarian crisis. This notice extends relief from March 11, 2024, through September 10, 2025, for eligible Venezuelan students and from May 26, 2024, until November 25, 2025, for eligible students from Burma.
SSR is the suspension of certain regulatory requirements by the secretary of the U.S. Department of Homeland Security (DHS) for an F‑1 student from parts of the world that are experiencing emergent circumstances. Regulatory requirements that may be suspended or altered for an F-1 student include duration of status, full course of study and off-campus employment eligibility.
SSR applies when emergent circumstances occur. Emergent circumstances are world events that affect F-1 students from a particular region and create significant financial hardships, such as but not limited to:
Natural disasters.
Wars and military conflicts.
National or international financial crises.
To find a list of active SSR notices, visit the What’s New page on ICE.gov/SEVP.
Department of State Issues Notice of Arrangement Between Austria and the Exchange Visitor Program
The State Department issued a notice for a new program between the United States and the Republic of Austria has been established in accordance with existing Exchange Visitor Program (EVP) regulations, including regulations applying to the Intern and Trainee categories. The program supports the purposes of the Fulbright-Hayes Act by increasing participants' understanding of American culture and society and enhancing Americans' knowledge of Austrian culture and skills through an open interchange of ideas.
The new exchange between the United States and Austria allows EVP participation of Austrian citizens aged 18 to 30 who are currently enrolled in (or are within 12 months of graduation at the time of program application) an Austrian accredited post-secondary or dual/vocational education program outside the United States. Austrian exchange visitors will be placed for periods of between six and twelve months at up to two U.S. private companies or non-profit institutions.
Under the arrangement, the government of the Republic of Austria has established a reciprocal program permitting U.S. citizens aged 18 to 30 and who have recently graduated (within 12 months at the time of program application) from a U.S. degree, diploma, or certificate-granting educational institution to participate in a working holiday program. Participants may stay in Austria for up to 12 months, pursuing employment with one or more organizations to supplement their funds or for educational purposes without the need for a work permit while they are on the cultural exchange.
Still Time to Comment on Schedule A, PERM Labor Certification to Shorten Green Card Processing for STEM and Non-STEM Occupations
The U.S. Department of Labor plans to revise portions of Schedule A of the permanent labor certification process to include more occupations in the Science, Technology, Engineering, and Mathematics (STEM) occupations and more non-STEM occupations. These revisions may ensure quicker green card processing for these vital STEM and non-STEM occupations, as Schedule A occupations are pre-determined not to have sufficient US workers available for employment. The public may provide input on the notice, including data and other relevant information on how the DOL can establish a reliable and transparent method of updating Schedule A. Comments/information are due by May 13, 2024.
If you, or your organization wishes to submit comments, these are the links to access:
Form I-9 News
E-Verify announced that USCIS is launching a pilot program of E-Verify+ in Spring 2024. E-Verify+ will modernize and streamline Form I-9 and verification process for employees and employers. E-Verify+ will allow employees to enter their own personal information and documents and carry verification status over to new employment for a seamless integration with E-Verify, among other benefits.
Additionally, USCIS announced the release of a new video on remote examination of I-9 documents. Employers who participate in E-Verify and are in good standing are qualified to remotely examine employees’ documentation using a DHS-authorized alternative procedure at E-Verify hiring sites.
USCIS Reaches H-1B Numerical Allocations for FY 2025 During Initial Registration Period
U.S. Citizenship and Immigration Services announced that it has received enough electronic registrations for the initial registration period to reach the fiscal year (FY) 2025 H-1B cap, including the advanced degree exemption (master’s cap). The exact number of cap registrations submitted has not yet been disclosed by USCIS. USCIS began accepting H-1B cap petitions on April 1, 2024. Employers will have until June 30, 2024, to submit petitions on behalf of their selected employees.
EOIR Announces Opening of New Immigration Court in Lowell
The Executive Office for Immigration Review (EOIR) announced it will open a new immigration court in Lowell on April 8, 2024, expanding its presence in Massachusetts. The Lowell Immigration Court will have twenty-one immigration judges. EOIR will provide official advance notice to all parties whose cases are reassigned to the Lowell Immigration Court. The new courthouse will be located at 150 Apollo Drive, Suite 100, Chelmsford, MA 01824. If you have questions about the Lowell Immigration Court before it opens, please contact the Boston Immigration Court at 617-565-3080.