Vaccination Requirements

3 December 2021

These Questions and Answers provide basic information about the general vaccination requirements for immigrants (including individuals seeking adjustment of status), and specifically about the assessment made by the civil surgeon to determine whether an applicant meets the vaccination requirements. These Questions and Answers do not address the vaccination assessments conducted by panel physicians overseas.


For refugees only, health departments may be considered a civil surgeon for purposes of completing the vaccination record.


Background


Under the immigration laws of the United States, a foreign national who applies for an immigrant visa abroad, or who seeks to adjust status to a permanent resident while in the United States, is required to receive vaccinations to prevent the following diseases:


  • Mumps
  • Measles
  • Rubella
  • Polio
  • Tetanus and Diphtheria Toxoids
  • Pertussis
  • Haemophilus influenzae type B
  • Hepatitis B
  • COVID-19
  • Any other vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices


The Advisory Committee for Immunization Practices (ACIP) is an advisory committee to the Department of Health and Human Services (HHS)/Centers for Disease Control and Prevention (CDC) that recommends immunizations for the general U.S. population. Starting Dec.14, 2009, when the ACIP recommends new vaccines for the general U.S. population, CDC will assess whether these vaccines should be required for immigration purposes on a regular and on an as-needed basis according to specific criteria set by CDC.


CDC is responsible for publishing the Technical Instructions for the Medical Examination of Aliens in the United States. These documents set the requirements for the immigrant medical examination and are binding on civil surgeons. The Technical Instructions include a vaccination component, specifying how the civil surgeon has to conduct the vaccination assessment. The civil surgeon records the results of the medical examination, including the results of the vaccination assessment, on USCIS Form I-693, Report of Medical Examination and Vaccination Record.


If a foreign national applies for an immigrant visa abroad, that individual has to receive the medical examination by a panel physician designated by the U.S. Department of State (DOS). CDC issues separate instructions to panel physicians designated by DOS to conduct medical examinations abroad. For more information about panel physicians, please consult DOS' website at http://travel.state.gov/visa/immigrants/info/info_3739.html.

Questions and Answers

  • Where can I find information about vaccinations in general?

    CDC publishes information about vaccinations in general and information about the vaccine requirements for immigration purposes at http://www.cdc.gov/vaccines/.

  • Why do immigrants and adjustment of status applicants have to show proof they have received certain vaccinations?

    In 1996, Congress provided in legislation that every immigrant entering the United States, or every individual seeking adjustment of status to that of a legal permanent resident, show proof that he or she was vaccinated against vaccine-preventable diseases. The text for this requirement is in the Immigration and Nationality Act (INA), section 212(a)(1)(A)(ii).

  • How does the CDC decide which vaccines are required for immigration purposes?

    Some of the vaccines that are required are specifically listed in the INA. In addition to these, the statute also requires that an individual receive any other vaccinations recommended by the ACIP. CDC uses the following criteria in determining which of these recommended vaccines should be required for immigration purposes:


    • The vaccine must be an age-appropriate vaccine as recommended by the ACIP for the general U.S. population, and
    • At least one of the following:
    •           The vaccine must protect against a disease that has the potential to cause an outbreak; or
    •           The vaccine must protect against a disease eliminated in the United States, or is in the process of being eliminated in the United States.
  • I am seeking immigrant status in the United States but had a medical examination abroad by a panel physician; I also received some vaccines. Do I have to repeat the medical examination and get the vaccines again?

    Please read the instructions to Form I-693 to determine if you must repeat the medical examination, including the vaccination assessment, based on your current status in the United States.

  • How do I know which vaccines are required for immigration purposes?

    A civil surgeon is required to follow the Technical Instructions for the Examination of Aliens in the United States, including the 2009 Technical Instructions to Civil Surgeons for Vaccinations, and any updates published online. CDC publishes the vaccination requirements and medical examination instructions (including a detailed table listing all required vaccines) at http://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/vaccination-civil-technical-instructions.html

  • Do I have to receive all the required vaccines, even though I have been vaccinated before?

    No. The civil surgeon will review your vaccination records at the time of your medical examination to see whether you have proof of earlier vaccinations against vaccine-preventable diseases that are appropriate for your age category. It is important that you take any written vaccination documentation you may have to the civil surgeon when you have your immigration medical examination.


    If you lack any vaccinations required for your age category, the civil surgeon will administer the vaccines as needed. In the alternative, you can also choose to obtain the required vaccines from your private healthcare provider. However, because only a civil surgeon is authorized to complete the vaccination assessment on the Form I-693, you must return to the civil surgeon with the proof that you have received the missing vaccines.


    In addition, some individuals are immune to vaccine-preventable diseases, and they know of the immunity because their private healthcare provider has tested them. If you have any written evidence of immunity, you should take this documentation to your civil surgeon. This will enable the civil surgeon to determine which vaccines you need to receive.

  • Do I have to receive all the vaccines on CDC's vaccination list for the immigrant population, or only the ones that are age appropriate?

    You are required to document receipt of vaccines that are age appropriate for you. The civil surgeon will annotate Form I-693 to indicate that you were not required to receive a particular vaccine because it was not age appropriate at the time of the medical examination.

  • Do I have to receive all the vaccines that are on CDC's list and that are age appropriate, although I may have a medical condition that prevents me from receiving the required vaccines?

    If you have a medical condition that prevents you from receiving a vaccine that is appropriate for your age, the civil surgeon will annotate the Form I-693 accordingly and mark the vaccine as contraindicated. A contraindication is a condition that prevents you from receiving a particular vaccine. CDC lists in its Technical Instructions what is considered a contraindication. It is up to the civil surgeon to determine whether you have such a condition that prevents you from receiving a particular vaccine at the time of the immigration medical examination.

  • Certain vaccine series can only be completed with multiple visits to the civil surgeon. Am I required to complete the entire series before the civil surgeon can sign the Form I-693?

    You are only required to receive a single dose of each vaccine when you visit the civil surgeon. You are encouraged to follow up with your private health care provider to complete the series. Once you have received the single dose appropriate at the time, the civil surgeon can sign and certify the Form I-693.

  • I am pregnant and do not wish to receive any vaccinations. Do I still have to get them to be able to obtain permanent resident status in the United States?

    If you are pregnant, the CDC's Technical Instructions direct the civil surgeon how to evaluate the vaccines you are able to receive during pregnancy. If the civil surgeon cannot safely administer a required vaccine, he/she will annotate the Form I-693 by marking the vaccine as contraindicated. See the CDC "Guidelines for Vaccinating Pregnant Women" page for information on pregnancy and vaccinations in general.

  • Can the civil surgeon safely administer all vaccines that are required all at once?

    The civil surgeon will let you know if you can receive all the vaccines at once, or if there is a concern based on your particular medical condition that will not allow you to receive all required vaccines at once.

  • When does the flu season start for purposes of the seasonal flu vaccine requirement? Since the seasonal flu vaccine is required, do I have to get the seasonal flu vaccine if it is not the flu season?

    For purposes of the immigration medical examination, the flu season starts on October 1 and ends on March 31 each year. If your immigration medical examination is during this period, you are required to have the seasonal flu vaccine. If you have an immigration medical examination completed between April 1 and September 30, when it is not the flu season for immigration purposes, you are not required to document that you have received the seasonal flu vaccine.

  • I heard that the vaccine against herpes zoster (zoster) and the Human Papillomavirus (HPV) are required vaccines. Is this true?

    From Aug. 1, 2008, until Dec. 13, 2009, the zoster and the HPV were required vaccines for immigration purposes. However, the zoster vaccine was not available from Aug. 1, 2008, through Dec. 13, 2009, and USCIS posted a message on the Web to inform civil surgeons they could annotate the vaccination record with "not available" if they were not able to obtain the vaccine. In 2009, CDC changed the vaccination requirements based on ACIP's recommendations. As of Dec. 14, 2009, the zoster and the HPV vaccine were no longer required.

  • I had my immigration medical examination before Dec. 14, 2009, before the zoster and HPV vaccines were eliminated. I was required to have one of them, but did not receive it. My Form I-693 says that I refused to have the HPV or zoster vaccine. Will my I-693 be returned or my application denied?

    On Dec. 14, 2009, vaccines against herpes zoster (zoster) and HPV are no longer required. It is irrelevant that you did not receive either the zoster or the HPV because beginning on Dec. 14, 2009; you are no longer inadmissible solely because you did not have the vaccine. USCIS will not return your Form I-693, nor will it deny your application because you did not receive the vaccine.

  • Who pays for the vaccinations?

    The applicant is responsible for paying the appropriate fee for all vaccinations directly to the civil surgeon, as agreed upon with the civil surgeon. You should ask about the price of the vaccinations before the medical examination or the administration of the vaccinations.

  • Can I be forced to be vaccinated for immigration purposes?

    If you refuse to receive the vaccines required for immigration purposes, as mandated by the immigration laws of the United States, your application for legal permanent resident status may be denied.

  • What will happen if I refuse to receive one or all of the required vaccines?

    Tell the civil surgeon if you do not wish to receive the required vaccines or a particular vaccine. You should also tell the civil surgeon the reason you do not wish to receive the vaccine(s). In this case, a waiver may be available to you, but only under the following circumstances:


    • You are opposed to vaccinations in any form– that is, you cannot obtain a waiver based on an objection only as to one vaccination
    • Your objection must be based on religious beliefs or moral convictions; and
    • The religious or moral beliefs must be sincere.

    The form used to apply for a waiver depends on the adjustment category under which you are seeking legal permanent residence status. For example, refugees and asylees seeking adjustment of status should file Form I-602, Application by Refugee for Waiver of Grounds of Excludability. Individuals seeking adjustment of status as a result of an approved Form I-130, Petition for Alien Relative, or Form I-140, Immigrant Petition for Alien Worker, would file Form I-601, Application for Waiver of Grounds of Inadmissibility.

  • My civil surgeon says that a vaccine is currently not available. What should I do?

    Ask the civil surgeon whether another health care provider may have the vaccine. If another physician or department or pharmacy carries the vaccine and can administer the vaccine, you should get the vaccine and request documentation that you have received the vaccine. Bring the written record back to the civil surgeon so that s/he can complete the Form I-693.

    HHS/CDC monitors which vaccines are not available in the United States, or which vaccines may experience a shortage. If CDC determines there is a nation-wide shortage of a vaccine, it will recommend to USCIS to post a message on www.uscis.gov to explain to applicants and civil surgeons whether the vaccine is required and under what circumstances. The information is available on USCIS’ Form I-693 page, the Immigration Medical Examination page, or the Designated Civil Surgeon page.

  • Will USCIS accept a Form I-693 if the vaccination chart is incomplete?

    No. The vaccination chart should have at least one entry in each row for each vaccine. If the vaccination chart is not properly completed at the time of the medical examination, USCIS may return the Form I-693 to you with instructions on how to correct it.


    If you refuse a vaccine because of religious or moral reasons, the civil surgeon will mark this on the Form I-693. In this case, you will have to apply for a waiver.

  • Where can I find more information about the vaccination requirements for immigration purposes and how these requirements affect the completion of Form I-693?

    CDC publishes the Technical Instructions including the vaccination component http://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/technical-instructions-civil-surgeons.html

    For more information about the civil surgeon program, the completion of Form I-693, or the adjustment of status application, please visit www.uscis.gov, or call USCIS’ Contact Center at 1-800-375-5283 (TTY 1-800-767-1833).

28 August 2026
Release Date 08/28/2026 On Aug. 24, 2026, the U.S. District Court for the Northern District of California issued an order in Red Eagle Law, L.C., et al., v. Joseph B. Edlow, 26-cv-04850-CRB (NDCA), enjoining PM 602-0192, and PM 602-0194. USCIS is ordered to adjudicate applications in the normal course of USCIS’ process. Further, the Court granted plaintiff’s motion for class certification. The Court certified the class below in this action of individuals who: (1) Are citizens or natives of one or more of the 39 countries listed in Presidential Proclamations 10949 or 10998, or the Palestinian Authority; and (2) Who are seeking asylum with an I-589 application pending; or (3) Otherwise have a benefit application pending with U.S. Citizenship and Immigration Services; (4) That is subject to the adjudication hold imposed by USCIS Policy Memorandum PM-602-0192 (Dec. 2, 2025) or PM-602-0194 (Jan. 1, 2026) that has not received final adjudication as of the date of class certification. USCIS strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review. The Policy Memoranda were issued based on Presidential Proclamation 10949, Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats, June 4, 2025, and Presidential Proclamation 10998, Restricting and Limiting the Entry of Foreign Nationals To Protect the Security of the United States, Dec. 16, 2025, and to enhance the screening and vetting process, as well as address threats to national security and public safety. USCIS will issue updated instructions pending further litigation developments. Last Reviewed/Updated: 08/28/2026 https://www.uscis.gov/newsroom/alerts/recent-court-order-on-hold-policies
24 August 2026
Release Date 08/24/2026 WASHINGTON — The Department of Homeland Security (DHS) is proposing to establish a $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption. The proposed fee would be paid at the time of filing and would be imposed in addition to all other applicable fees or payments. The proposed fee would generate revenue to recover a portion of the federal government’s costs for administering the lawful immigration system. These costs include adjudication of immigration benefits, fraud detection and national security vetting, systems modernization, records and fee collection operations, immigration court operations, consular visa processing, labor standards enforcement, and interagency coordination. DHS estimates the proposed fee would generate approximately $8.8 billion annually, based on a projected annual volume of 85,000 H-1B cap-subject petitions. “The proposed H‑1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers,” said U.S. Citizenship and Immigration Services spokesperson Zach Kahler. Under the proposed rule, the additional fee would not apply to H-1B petitions that are not subject to the cap, such as petitions filed by certain nonprofit research organizations, governmental research organizations, and institutions of higher education. The number of cap-subject H-1B visas (or grants of status) issued annually is limited to 65,000, with an additional 20,000 for aliens who have earned a master’s or higher degree from a U.S. institution of higher education. For more information, see the notice of proposed rulemaking . For more information on USCIS and its programs, please visit uscis.gov or follow us on X , Instagram , YouTube , Facebook , and LinkedIn . https://www.uscis.gov/newsroom/news-releases/dhs-proposes-additional-h-1b-fee 
19 August 2026
Release Date 08/19/2026 On Sept. 18, 2026, USCIS will publish a revised edition of Form I-485, Application to Register Permanent Residence or A djust Status (edition date: 09/18/26). The form has been revised to align with the recently announced Public Charge Ground of Inadmissibility Final Rule. The 09/18/26 edition of Form I-485 replaces the 01/20/25 edition of Form I-485. USCIS is providing a preview version of the 09/18/26 edition of Form I-485 and its instructions because there is no grace period for accepting the revised edition of Form I-485. Do not file the 09/18/26 edition of Form I-485 before Sept. 18, 2026. We will only accept the 09/18/26 edition of this form if it is postmarked or electronically submitted on or after Sept. 18, 2026. If you file Form I-485, please note that: USCIS will accept the 01/20/25 edition of Form I-485 if it is postmarked or electronically submitted before Sept. 18, 2026; USCIS will reject the 01/20/25 edition of Form I-485 if it is postmarked or electronically submitted on or after Sept. 18, 2026; and USCIS will only accept the 09/18/26 edition of Form I-485 if it is postmarked or electronically submitted on or after Sept. 18, 2026. Visit the Form I-485 webpage to view the preview version of the 09/18/26 edition of Form I-485 and its instructions. https://www.uscis.gov/newsroom/alerts/uscis-to-publish-new-edition-of-form-i-485-older-editions-will-be-rejected-starting-sept-18
18 August 2026
U.S. Citizenship and Immigration Services (USCIS) is issuing updated guidance in the USCIS Policy Manual explaining how the agency will determine whether an alien applying for adjustment of status to that of a lawful permanent resident is likely at any time to become a public charge. On July 16, 2026, DHS announced a final rule that rescinds the 2022 Biden-era public charge inadmissibility regulations. The final rule was formally published in the Federal Register on July 20, 2026, and goes into effect on Sept. 18, 2026. The updated guidance aligns with congressional intent that aliens in the United States be self-sufficient and not dependent on taxpayer-funded government benefits. This updated guidance explains which categories of aliens are subject to the public charge inadmissibility ground and which categories Congress has made exempt. The guidance describes key concepts, the factors that are considered in public charge inadmissibility determinations, and what evidence will be considered. It also explains the public charge bonds process. Aliens Subject to the Public Charge Ground of Inadmissibility All aliens applying for adjustment of status to that of a lawful permanent resident are subject to the public charge ground of inadmissibility unless they are applying in an immigration category that is exempt. Below is a complete list of categories who are subject to and the categories that are exempt from the public charge ground of inadmissibility: 
14 August 2026
Release Date 08/14/2026 On Sept. 15, 2026, U.S. Citizenship and Immigration Services will publish revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status , and Form I-765, Application for Employment Authorization (edition date for both: 09/15/26). The forms have been revised to align with the recently published Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media final rule. The 09/15/26 editions of Form I-539 and Form I-765 replace the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765. There is no grace period for the revised editions of Form I-539 and Form I-765 because the revised editions are necessary for USCIS to apply the final rule. Because there will be no grace period, USCIS is providing preview versions of the 09/15/26 editions of Form I-539 and Form I-765 with their instructions. Do not file the 09/15/26 editions of these forms before Sept. 15, 2026. USCIS will only accept the 09/15/26 editions of these forms if they are postmarked or electronically submitted on or after Sept. 15, 2026. If filing Form I-539, please note that USCIS will: Accept the 08/28/24 edition of Form I-539 if it is postmarked or electronically submitted before Sept. 15, 2026; Reject the 08/28/24 edition of Form I-539 if it is postmarked or electronically submitted on or after Sept. 15, 2026; and Only accept the 09/15/26 edition of Form I-539 if it is postmarked or electronically submitted on or after Sept. 15, 2026. If filing Form I-765, please note that USCIS will: Accept the 08/21/25 edition of Form I-765 if it is postmarked or electronically submitted before Sept. 15, 2026; Reject the 08/21/25 edition of Form I-765 if it is postmarked or electronically submitted on or after Sept. 15, 2026; and Only accept the 09/15/26 edition of Form I-765 if it is postmarked or electronically submitted on or after Sept. 15, 2026. Visit the Form I-539 and Form I-765 webpages to view preview versions of the 09/15/26 editions of Form I-539 and Form I-765 with their instructions. Last Reviewed/Updated: 08/14/2026 https://www.uscis.gov/newsroom/alerts/uscis-to-publish-new-editions-of-form-i-539-and-form-i-765-older-editions-will-be-rejected-starting
12 August 2026
ALERT : The Temporary Protected Status (TPS) designation of El Salvador and related benefits are set to terminate on Sept. 9, 2026. USCIS is sending notices to El Salvador TPS recipients who continue to be eligible for TPS but haven’t received renewal EADs with category codes A-12 or C-19 and whose TPS-based EAD application is still pending, that their expired TPS-based EADs are extended until Sept. 9, 2026, the end of the El Salvador TPS designation. USCIS will send the notices by mail and electronically to those who have a myUSCIS account. Completing Form I-9: If your employee has a pending TPS-based EAD renewal application, they should receive a notice from USCIS informing them of this automatic extension of their EADs to Sept. 9, 2026. If so, they may choose to present the following combination of documents as proof of identity and continued employment authorization under List A, valid until Sept. 9, 2026: An EAD that has an expiration date of Mar. 9, 2025; June 30, 2024; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; Sept. 9, 2019; or Mar. 9, 2018; and The USCIS notice extending their EAD. When completing the “Expiration Date (if any)” fields on Form I-9, input in Section 1 and Section 2 “ Sept. 9, 2026 ” along with a note in the Additional Information box. Employers may download the Alert and TPS El Salvador Automatic Employment Authorization (EAD) Extension webpage and attach them to Form I-9, along with the USCIS notice. When completing a case in E-Verify, enter the expiration date of “ Sept. 9, 2026 ,” from the Form I-9. Check the USCIS websites regularly for updated information. Please check the USCIS TPS El Salvador page regularly for updates. You may also subscribe to regular updates for Form I-9 and E-Verify using Granicus Communications . Last Reviewed/Updated: 08/12/2026 https://www.uscis.gov/i-9-central/form-i-9-related-news/update-on-temporary-protected-status-for-el-salvador-release-aug-12-2026
10 August 2026
Release Date 08/10/2026 The Department of Homeland Security (DHS) is introducing an interim final rule (IFR) that allows U.S. Citizenship and Immigration Services (USCIS) to mandate electronic filing, or e-filing, for certain immigration forms. Under this IFR, USCIS may require future filings of any immigration form that has been available for e-filing for at least 180 days to be submitted online. USCIS will notify the public on its website at least 60 days before requiring e-filing of a form. Filers must use an online account to submit an immigration form to USCIS, either by completing the form online or by uploading a PDF of the completed form and related evidence. This initiative will eliminate reliance on the U.S. Department of the Treasury’s physical lockbox services and accelerate the shift to electronic fee payments. The transition should deliver substantial cost savings and greater efficiency for the federal government. By making data easier to receive, store, and access than with paper forms, e-filing enhances fraud detection, streamlines identity management, and improves national security screening through faster data access and expanded analytical capabilities. E-filing also reduces errors, incomplete submissions, and application decision times. The adjudication process becomes more secure, more transparent, and more efficient. Electronic filing is already common for many USCIS forms. This is not a new process for aliens to file electronic benefit requests. Requestors who cannot file electronically may request a waiver. Waivers are granted at USCIS’ discretion for undue hardship. This Interim Final Rule is effective on Aug. 11, 2026, and DHS will consider public comments submitted on or before Oct. 13, 2026. For more information, see the interim final rule . https://www.uscis.gov/newsroom/alerts/uscis-to-require-electronic-filing-of-forms-strengthening-national-security Last Reviewed/Updated: 08/10/2026
5 August 2026
Release Date 08/05/2026 U.S. Citizenship and Immigration Services (USCIS) is clarifying that benefit requestors should establish eligibility for an immigration benefit at the time they file a benefit request. Generally, if a benefit requestor fails to demonstrate eligibility for a benefit or fails to provide all required initial evidence when filing an application, USCIS may deny their immigration benefit request without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). USCIS form instructions specify all required initial evidence for every benefit request, giving requestors all the information needed to comply. This policy better aligns USCIS procedures with long-standing Department of Homeland Security regulatory authority and form instructions, helps restore integrity to the immigration system, and makes it more difficult for aliens to file frivolous benefit requests. This policy update amends the previous Biden-era policy, which encouraged officers to request evidence before denying a benefit request, even if the benefit requestor filed an incomplete application, failed to demonstrate eligibility for the benefit, or failed to provide the initial evidence that was clearly required at the time of filing. This prior policy allowed frivolous or substantially incomplete filings to slow USCIS processing for others waiting in line. The Biden policy also enabled benefit requestors to exploit the system by filing “placeholder” applications to gain associated immigration benefits, like employment authorization, while they waited for a decision on their case. USCIS has restored officers’ full discretion to deny a benefit request without first issuing an RFE or NOID in various situations. With this updated policy, USCIS can better allocate resources to efficiently make decisions and prevent meritless requests. The policy is effective immediately and applies to requests pending or filed on or after Aug. 5, 2026, unless otherwise specified by regulations or USCIS policy. Last Reviewed/Updated: 08/05/2026 https://www.uscis.gov/newsroom/alerts/uscis-to-reduce-frivolous-immigration-benefits-requests-by-reinforcing-evidence-standards
27 July 2026
Release Date 07/27/2026 With this rule, USCIS can refer asylum applications to Immigration Judges without interviewing the alien WASHINGTON – The United States Department of Homeland Security (DHS) released the following statement after U.S. Citizenship and Immigration Services (USCIS) announced a rule change designed to reduce the backlog in the asylum system. Currently, both USCIS and Department of Justice (DOJ) Immigration Judges adjudicate applications for asylum: USCIS adjudicates “affirmative” asylum applications for aliens who are not in removal proceedings, while Immigration Judges adjudicate “defensive” asylum applications for aliens who are in removal proceedings. Depending on the alien’s immigration status, USCIS will usually either adjudicate the application or refer it to an Immigration Judge, who will then conduct a new review of the application. This essentially allows an alien to get a second chance at asylum. The interim final rule allows USCIS to refer asylum applications to Immigration Judges without first interviewing the alien. This rule will shorten the total time that it takes asylum officers and Immigration Judges to adjudicate asylum applications. Among other reasons, USCIS is making this change to reduce the asylum backlog. “For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” said USCIS Director Joseph Edlow. “America’s asylum system exists to protect individuals who genuinely fear persecution and this rule will help ensure that resources are directed to the timely adjudication of those claims instead of to those seeking to use the system as a loophole.” “One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them,” said DHS General Counsel James Percival . “My office works every day with the immigration components of DHS to improve efficiency and fulfill the President’s mandate. The rule would do just that.” The new rule will go into effect immediately. USCIS will accept public comments and later issue a final rule responding to those comments. Last Reviewed/Updated: 07/27/2026 https://www.uscis.gov/newsroom/news-releases/uscis-announces-rule-change-to-asylum-system-to-reduce-backlog
17 July 2026
Release Date 07/17/2026 U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2027.