Out with the Old, In with the New
As of December 1, 2024, the Office of Foreign Labor Certification (OFLC) will officially decommission the legacy Permanent Online System, which has been in place for years to provide public access to permanent labor certification applications and final determinations. This marks a significant step in the Department of Labor’s ongoing technology modernization efforts.
The Foreign Labor Application Gateway (FLAG) System will fully replace the Permanent Online System. FLAG is designed to streamline processes, enhance customer service, and modernize the administration of foreign labor certification programs.
With less than one week left to access the legacy system, the OFLC is urging employers, attorneys, and other stakeholders to take action immediately. After December 1, 2024, the system will be offline, and all users will be redirected to FLAG. Applications still pending after November 30 will continue to be processed, but direct uploads to the system will no longer be available. Instead, stakeholders will need to submit their documents as PDF attachments via email, and the documents must include the case number and title.
This transition is part of the broader effort to improve the efficiency and accessibility of foreign labor certification processes.
For more information, please visit the OFLC website and make sure you are ready for the switch to FLAG.
DHS Announces Additional H-2B Visas to Support U.S. Businesses’ Seasonal Labor Needs
The U.S. Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), has announced the availability of 64,716 additional H-2B temporary nonagricultural worker visas for Fiscal Year (FY) 2025. This increase supplements the 66,000 H-2B visas made available annually and is designed to help American businesses meet the seasonal labor demands that often exceed the domestic workforce supply.
The H-2B program allows U.S. employers to hire foreign workers for temporary, nonagricultural jobs in industries such as hospitality, landscaping, seafood processing, and tourism. These additional visas come at a critical time, as businesses in these sectors face difficulty filling roles with local workers who are both qualified and willing to take on these temporary positions.
In line with past years, the supplemental visa allocation will be split into two main categories: 20,000 visas will be designated for workers from Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, while the remaining 44,716 will be allocated to returning workers who have previously held an H-2B visa within the last three years. The goal is to provide businesses with the flexibility to plan their workforce needs ahead of time, ensuring that they have enough workers during peak seasons, such as the summer.
The announcement also highlights the robust protections in place for both U.S. and foreign workers. DHS and DOL have implemented strict safeguards to ensure that employers first attempt to recruit U.S. workers before seeking foreign labor, in accordance with H-2B program regulations. Additionally, efforts are made to prevent exploitation of foreign workers by unscrupulous employers.
In making this announcement, Secretary of Homeland Security Alejandro N. Mayorkas emphasized the importance of the H-2B program in supporting the U.S. economy: “By maximizing the use of the H-2B visa program, the Department of Homeland Security is helping to ensure the labor needs of American businesses are met, keeping prices down for consumers while strengthening worker protections and deterring irregular migration to the United States.”
The additional visas will be available early in FY 2025, offering businesses time to hire workers well in advance of their peak seasons. DHS and DOL will continue to monitor and enforce the program’s labor protections to ensure fairness and prevent abuse. For more information on eligibility and filing requirements, businesses and potential workers can refer to the forthcoming temporary final rule and resources available on the USCIS website.
The Keeping Families Together Program: A Legal Setback
In August 2024, the Biden administration launched an initiative aimed at providing relief to mixed-status families – those in which one spouse is a U.S. citizen and the other is undocumented. The “Keeping Families Together” program sought to address the longstanding challenges faced by families where one partner lacked legal status. For many years, these couples have endured the heart-wrenching reality of forced separation due to the complexities of U.S. immigration law. Spouses without legal status often had to leave the U.S. to apply for legal status, facing lengthy waits and the constant fear of being separated from their families for years.
Under the new initiative, undocumented spouses of U.S. citizens were allowed to apply for legal status while remaining in the country, through a process called “parole in place.” This program was seen as a critical step toward reuniting families and providing a path to citizenship for those who had deep ties to the U.S. But in a significant setback for the administration and the families it aimed to help, a federal judge in Texas has blocked this program, dealing a blow to the Biden administration’s immigration efforts.
On 11/7/2024, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas ruled that the Biden administration had overstepped its legal authority in implementing the parole program. His decision came after a lawsuit was filed by 16 Republican-led states, including Texas, challenging the program’s legality.
In his 74-page opinion, Judge Barker argued that the administration had misinterpreted its powers under the Immigration and Nationality Act. He concluded that the parole in place program extended beyond the scope of authority granted by Congress. According to the judge, the Biden administration’s interpretation of the law “stretches legal interpretation past its breaking point,” effectively ruling that the policy could not stand.
Advocacy groups, including the American Immigration Lawyers Association (AILA), have strongly criticized the ruling, arguing that it unfairly punishes families who have been living in the U.S. for years and are trying to follow the law. AILA President Kelli Stump called the ruling “simply wrong on the law,” emphasizing that the program did not create a new path to citizenship but rather allowed families to remain together while navigating the complex immigration system.
“[The program] was a sensible solution for hundreds of thousands of American families facing uncertainty and fear due to our broken immigration system,” Stump said. “To be clear, these applicants were already eligible for adjustment of status. The only thing the parole did was ensure they wouldn’t be separated while the bureaucratic process was underway.”
Stump went on to express dismay that spouses of U.S. citizens, some of whom had lived in the U.S. for over a decade, were now facing the prospect of separation again. “It is shameful that people who are the spouses of U.S. citizens or are the stepchildren of a U.S. citizen are being left in the cold again,” she concluded.
The Biden administration has indicated that it will appeal the ruling. The case is expected to move quickly through the appellate courts, with the Fifth Circuit Court of Appeals – which has a history of expediting immigration decisions – likely to rule within the next three to six months. If the case continues up the judicial ladder, it could eventually reach the U.S. Supreme Court, where it would be prioritized given the national implications of the case.
However, even with the expedited timeline, a final resolution through appeals could take anywhere from six months to a year or more. In the meantime, families affected by the ruling will remain in limbo, unsure of their future in the U.S. and the possibility of reuniting with their loved ones.
Update on DACA: Fifth Circuit Hearing Recap
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:
- Have an active DACA authorization: Ensure your current DACA status is valid.
- Possess a valid, unexpired passport: This must be from your country of citizenship.
- 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 [email protected].
LSU Women’s Basketball Player Sues USCIS Over Visa Denial
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.
DACA Struck Down by Texas Judge for the 2nd Time
In yet another twist in the ongoing saga of the Deferred Action for Childhood Arrivals (DACA) program, a federal judge in Texas has ruled that the Biden administration’s efforts to codify DACA into federal regulation are unlawful. Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas made this ruling in response to a lawsuit filed by Republican-led states, echoing his similar decision in 2021 when he declared the original DACA memo established by the Obama administration illegal. However, what sets this ruling apart is that, despite finding the Biden administration’s DACA regulation unlawful, Judge Hanen did not order the immediate termination of the program.
In his latest ruling, Judge Hanen found no “material differences” between the original 2012 DACA policy and the Biden administration’s 2022 effort to transform it into a federal regulation. While he kept DACA closed to new applicants, he allowed current beneficiaries to renew their enrollment, expressing sympathy for their situation. However, he also emphasized that the fate of DACA recipients should ultimately be determined by Congress, not the courts or the executive branch.
The Biden administration is expected to appeal this decision, and the case is likely to eventually reach the Supreme Court. The 5th Circuit Court of Appeals, responsible for reviewing appeals of Judge Hanen’s rulings, also declared DACA illegal last year, further complicating the situation.
DACA has been at the heart of the nation’s contentious immigration debate since its inception 11 years ago. While Congress has considered several bipartisan proposals to provide permanent legal status to DACA recipients and other undocumented immigrants brought to the country as children, these efforts have often become entangled in broader, partisan debates over immigration policy, including issues related to the southern border.
Homeland Security Secretary, Alejandro Mayorkas, disputed Judge Hanen’s ruling, emphasizing that it undermines the security and stability of more than half a million Dreamers who have contributed to their communities. The White House, represented by press secretary Karine Jean-Pierre, pledged to continue defending DACA from legal challenges and called on Congress to provide permanent protection for Dreamers.
For now, current DACA recipients can continue renewing their status, but USCIS will not process new applications. While this offers temporary relief to DACA recipients, it underscores the urgent need for comprehensive immigration reform to provide a more permanent solution for these young immigrants who have spent years in limbo. The coming legal battles and political discussions will undoubtedly shape the fate of DACA and the Dreamers who depend on it.
Immigration Processing Centers set to open in Central and South America
The Title 42 Covid Ban invoked by the Trump Administration is set to end on May 11, 2023. The controversial policy allowed officials at the southern border to quickly deny asylum seekers due to the ongoing COVID pandemic emergency. Now that the Biden Administration has decided to lift the ban, thousands of applicants are expected at the border in hopes of receiving protection under asylum regulations. In an effort to ease the burden at the southern border, the Biden Administration will be opening Processing Centers in Guatemala and Columbia. The intention is to have applicants present their asylum claims at these centers without having to make the dangerous journey through Latin America and Mexico to get to the US. However, new policies will also permit CBP officers to deny asylum claims at the border if they did not apply for asylum in the countries they passed through or set an appointment with CBP. With the cooperation of the Mexican government, CBP will quickly expel ineligible asylum seekers from several countries, back to Mexico. The Secretary of Homeland Security, Alejandro Mayorkas, called on Congress to provide resources as they prepare for the anticipated surge of asylum applicants and unauthorized entries next month.
DHS announces TPS for Afghan Nationals
Nearly six months after the Taliban seized power of Afghanistan after the withdraw of U.S. troops from the country, DHS announces Temporary Protected Status (TPS) for Afghan nationals. On March 16, 2022, Secretary Mayorkas announced TPS designation for Afghanistan for 18 months. TPS is meant to offer protection to Afghan nationals “who are already living in the United States from returning to unsafe conditions” caused by ongoing armed conflict and extraordinary and temporary conditions.
This designation is also meant to provide added protection to Afghans who have provided aid to U.S. military missions in Afghanistan.
Additionally, TPS will be available to Afghan nationals who entered the U.S. after the mass exodus from the country and were admitted and paroled into the U.S. for humanitarian reasons. Eligibility will only be available to those who entered the U.S. on or before March 15, 2022. Once approved, applicants will be protected from removal and temporary work authorization. Application instructions will be outlined in the Federal Registrar.
Updated Vaccine Requirements for International Travelers
On October 25, 2021, the White House released additional details regarding the COVID-19 vaccine requirements for international travelers.
U.S. Citizen & Lawful Permanent Resident Travelers
| Vaccinated | Must provide evidence of vaccination status & a negative COVID test within 3 days of travel |
| Unvaccinated | Must provide a negative COIVD test within 24 hours of travel |
Non-immigrant Travelers
| Vaccinated | Must provide evidence of vaccination status & a negative COVID test within 3 days of travel |
| Unvaccinated | Must provide a negative COIVD test within 24 hours of travel & qualify for a vaccine exception listed below |
Children
| Under 18 | Exempt from vaccine requirement but must provide negative COVID test (ages 2-17) |
| If traveling with a vaccinated adult | Must provide a negative COVID test within 3 days of travel |
| If traveling with unvaccinated adult | Must provide a negative COVID test within 24 hours of travel |
Vaccine Exceptions:
- Children under 18
- COVID-19 clinical trial participants
- Those travel for emergency or humanitarian reasons (with a US government-issued letter affirming the urgent need to travel)
- Those traveling on non-tourist visas from countries with low-vaccine availability (as determined by the CDC)