November 18th, USCIS has received enough petitions to reach the congressionally mandated cap on H2-B visas for temp. nonagricultural workers for the first half of the fiscal year 2021.

On November 16th, the number of beneficiaries USCIS received petitions for surpassed the total number of remaining H2-B visas available for the H2-B cap for the first half of the year, 2021.  

November 18th, USCIS updated policy guidance in the Policy Manual to clarify the circumstances when they would find applicants ineligible for naturalization because they were not lawfully admitted for permanent residence.  

Applicants are ineligible for naturalization if they obtained LPR status in error, by fraud , or otherwise not in compliance with the law.  

The update also clarifies that the USCIS will now review whether applicants have abandoned their LPR status when a naturalization application is being adjudicated. If an applicant does not meet the burden of establishing that they maintained LPR status, the USCIS generally denies the naturalization and places the applicant in removal proceedings by issuing a Notice to Appear (NTA). The update also states that the USCIS will generally deny a naturalization application filed on or after the effective date if the applicant is in removal proceedings pursuant to a warrant of arrest.

November 17th, This update is regarding a policy guidance issue in the USCIS Policy Manual. It refers to the discretion of the Secretary of the DOH in adjudications of adjustment of status applications.

The update is meant to clarify existing content by providing a non-exhaustive list of positive and negative factors that may be relevant to whether an adjustment of status application warrants a favorable exercise of discretion.  It also lists the privileges, rights and responsibilities of lawful permanent residents (LPRs) as a reference for officers to consider when determining whether the grant of LPR status is in the best interest of the United States.

The update is meant to better assist officers in making more consistent discretionary decisions by providing a foundation to identify and analyze negative and positive factors in adjustment of status application.

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USCIS Updates News Naturalization