Month: November 2024

On October 10, 2024, the Fifth Circuit Court of Appeals heard oral arguments regarding the Deferred Action for Childhood Arrivals (DACA) program. This hearing marked a crucial moment in the ongoing legal battle over DACA’s future, following the court’s prior ruling that deemed the program unlawful.

What Happened in the Hearing

During the proceedings, both sides presented their arguments regarding the legality and implications of DACA. Supporters of the program emphasized the significant contributions of DACA recipients to their communities and the economy, while opponents reiterated their concerns over the program’s legality and potential overreach.

What’s Next?

As we await the Fifth Circuit’s decision, the implications for DACA recipients remain significant. If the court rules against DACA, the case is likely to escalate to the Supreme Court, prolonging the uncertainty surrounding the program.

Consider Advance Parole

In light of the potential outcomes, we urge all DACA recipients to consider applying for DACA advance parole. This procedure allows eligible noncitizens to travel outside the U.S. and return legally.

To qualify for advance parole, you must:

1. Have an active DACA authorization: Ensure your current DACA status is valid.
2. Possess a valid, unexpired passport: This must be from your country of citizenship.
3. Have a qualifying reason for travel: Acceptable purposes include education, employment, or humanitarian needs.

Traveling on advance parole can provide lawful entry that will aid in pursing other immigration options.

Need Assistance?

If you’re considering applying for advance parole or have questions about your eligibility, don’t hesitate to reach out to CYA at info@cyavisalaw.com.

Last-Tear Poa, an Australian basketball player for LSU, has filed a lawsuit against U.S. Citizenship and Immigration Services (USCIS) after her P-1A Athlete visa application was denied. The lawsuit, first reported by On3, challenges USCIS’s decision following Poa’s substantial contributions to the Tigers, including their first national championship title in the 2022-23 season. Hailing from Melbourne, Poa joined LSU in 2022 after showcasing her talent at Northwest Florida State College, where she established herself as one of the nation’s top junior college prospects.

The P-1A visa is designed for internationally recognized athletes who can demonstrate their intent to compete at a major level in the U.S. Poa applied to change status from F-1 to P-1A to participate in Name, Image, and Likeness (NIL) opportunities, which allow college athletes to profit from their personal brands. While NIL rights were officially legalized by the NCAA on July 1, 2021, the lack of clear guidance from USCIS on how international athletes on F-1 status can navigate these regulations leaves many, like Poa, in uncertain positions. International athletes make up about 12% of all Division I student-athletes, the absence of effective guidance continues to create challenges for a significant portion of the most talented collegiate athletes. Poa’s case highlights the pressing need for clearer policies and could potentially bring much-needed attention to the complexities surrounding NIL participation for international athletes.

H-1B cap season is closer than you think!  If you are an employer planning to register one or more employees in the spring lottery for FY 2026, or if you’re an employee whose employer will be registering you, here’s a tip to ensure you’re prepped and ready once the new year hits. Last year, USCIS instituted a new beneficiary-centric process for registration whereby lottery selections are made by unique beneficiary rather than by registration. The final rule went into effect on March 4, 2024, and applied to the fiscal year (FY) 2025 registration process. Starting with the FY 2025 initial registration period, USCIS is now requiring registrants to provide valid passport information or valid travel document information for each beneficiary. The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document. Thus, if your employee has multiple citizenships and holds a passport from more than one country, they will need to select which passport they will use to register, and subsequently use for the H-1B petition if selected in the lottery. Moreover, if your employee does not have a valid passport, now is the time to obtain or renew that passport!  As a reminder, only those with selected registrations are eligible to file H-1B cap-subject petitions.

Questions about the upcoming H-1B cap season?  Schedule a consultation with a CYA attorney today!