MAY 2023 VISA BULLETIN

According to the May Visa Bulletin, employment-based preference adjustment of status filings, USCIS will continue to use the Final Action Dates chart that was used in April. EB-1 for India and China will maintain their Final Action cutoff date of February 1, 2022 and Dates for Filing cutoff date of June 1, 2022. All other countries remain current. EB-2 India Final Action and Dates of Filing cutoff dates remain at January 1, 2011 and May 1, 2012, respectively. The EB-3 India Final Action date will remain at June 15, 2012 and the Dates for Filing cutoff will remain at August 1, 2012. In the coming months, EB-1, EB-2, and EB-5 for India and EB-1 China are likely to retrogress.

USCIS GUIDANCE ON CITIZENSHIP AND NATURALIZATION FOR ADOPTED CHILDREN

In a new policy update, USCIS describes the requirements for adopted children to meet the definition of a child for citizenship purposes. They also explain how to ensure that an adoption is deemed full, final, and complete for immigration purposes. Additional details on the eligibility requirements for adopted children who live both inside and outside the United States are given in the update as well. USCIS notes that while some adopted children who immigrate to the U.S. and are admitted as Lawful Permanent Residents will automatically acquire U.S. citizenship, others do not, and their adoptive parents will need to take extra care before the child turns 18 for the child to obtain U.S. citizenship through an adoptive parent.

TEMPORARY SUSPENSION OF BIOMETRICS FOR CERTAIN FORM I-539 APPLICANTS

USCIS has extended through September 30^th, 2023, the temporary suspension of the biometrics requirement for applicants requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status. Applications for these specific categories can proceed based solely on biographic information and related background check and do not need to undergo fingerprinting. However, on a case-by-case basis, it is possible that USCIS will require additional biometrics and applicants may be scheduled for and sent an appointment notice. Since biometrics is not required, applicants do not need to submit the additional $85 biometric services fee during the suspension period.