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U.S. Citizenship and Immigration Services (USCIS) posted a policy memorandum (PDF, 113 KB) (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility. 

USCIS recently updated the following form(s):

If you are an attorney or accredited representative, you can now file Form N-565, Application for Replacement Naturalization/Citizenship Document for your clients using your myUSCIS online account. There are no substantive changes to the content of the form.

USCIS will no longer provide paper copies of Form N-565. You can file this form online or download a copy from the website.

USCIS is introducing the second phase of the Freedom of Information Act (FOIA) Immigration Records SysTem (FIRST), which will allow all FOIA requestors to track their requests through a USCIS online account and receive their documents digitally. During the first phase, requestors reported that they could easily login to their account and download their documents.

Phase two now allows all FOIA requestors to create a USCIS online account, track their cases, and receive their responses electronically.

Fee-funded grants will support citizenship preparation services for lawful permanent residents

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today it is now accepting applications for two funding opportunities under the Citizenship and Assimilation Grant Program that will provide up to $10 million in grants for citizenship preparation programs in communities across the country.

On July 24, 2018, President Trump signed the Northern Mariana Islands U.S. Workforce Act of 2018 (the Workforce Act), extending the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker program (the CW-1 program) through 2029 and increasing the CW-1 cap for fiscal year (FY) 2019.

U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) announced Tuesday the results of a two-phase nationwide operation in which I-9 audit notices were served to more than 5,200 businesses around the country since January. A notice of inspection (NOI) informs business owners that ICE is going to audit their hiring records to determine whether they are complying with existing law.

USCIS announced on July 30, 2018, that it has returned all fiscal year 2019 H-1B cap-subject petitions that were not selected in the computer-generated random selection process.

USCIS previously announced on May 15, that it had completed data entry of all selected cap-subject petitions.

Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components to create or update operational guidance on NTAs and Referrals to ICE (RTIs), to be issued within 30 days of the Policy Memorandum.  Issuance of the operational guidance is pending; therefore the implementation of PM 602-0050.1 is postponed until the operational guidance is issued.

 U.S. Customs and Border Protection (CBP)  announced the start of a six-month testing period of Incident Driven Video Recording System (IDVRS) in operational environments. Agents and officers will evaluate the use of this technology, which includes body-worn cameras and vehicle-mounted cameras, in each of CBP’s operational environments including along the U.S. border, at and between ports of entry, in the air and at sea.

On April 15, 2018, USCIS used a computer-generated random selection process to select enough petitions to meet the fiscal year (FY) 2019 cap of 4,999 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program.

USCIS announced on April 11 that it had received CW-1 petitions for more than the number of visas available for FY 2019 and that it would conduct a lottery for petitions received between April 2 and April 13.

USCIS has updated its policy on the acceptance of DNA evidence supporting sibling relationships. This policy memorandum permits officers to suggest and consider direct sibling-to-sibling DNA test results, and provides standards for evaluating DNA results for full siblings and half siblings.

USCIS recently updated the following USCIS form(s):

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice today announced a Memorandum of Understanding (MOU) (PDF, 2.00 MB) that expands their collaboration to better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign visa workers to the United States. This new effort improves the way the agencies share information, collaborate on cases, and train each other’s investigators.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 179 KB)changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States.