Immigration News

U.S. Citizenship & Immigration Services (USCIS) announced on December 2, 2024, that it 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 (FY) 2025. The H-1B program for specialty occupations is highly sought after by visa applicants, with a large number of registrations each year. Annually, there is a limit of 65,000 H-1B visas which may be granted under the regular cap and 20,000 H-1B visas which may be allocated under the U.S. advanced degree exemption. With this announcement USCIS also stated that it will be notifying potential applicants of their non-selection from the lottery, through their online accounts. It is not anticipated that any further lottery selections will be made in this fiscal year.

USCIS will of course continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2025 H-1B cap. USCIS will continue to accept and process petitions filed to: 

• Extend the amount of time a current H-1B worker may remain in the United States; 
• Change the terms of employment for current H-1B workers; 
• Allow current H-1B workers to change employers; and 
• Allow current H-1B workers to work concurrently in additional H-1B positions. 

Didn’t receive a cap number in this year’s lottery? We’re already gearing up for the upcoming FY2026 lottery. Be sure to reach out to our firm in January 2025 to enter the lottery for next year!

On Monday, December 2, 2024, U.S. Citizenship & Immigration Services (USCIS) announced that it will now require certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, with their Form I-485 or the Form I-485 may otherwise be rejected. Previously, USCIS permitted applicants to file their Form I-485 without the medical exam and vaccination record, and USCIS would later issue a Request for Evidence for the outstanding items. As a requirement for permanent residence, applicants for adjustment of status generally must complete an immigration medical examination and all required vaccinations and submit a properly completed Form I-693 signed by a civil surgeon to show they are free from health conditions that would render them inadmissible under the health-related grounds.

USCIS stated it made this change, which is effective immediately, to reduce the number of Requests for Evidence issued before adjudicating a Form I-485. The immigration service has revised the Form I-485 instructions to make filing the two forms together a requirement for properly submitted applications.

Questions about this change or adjustment of status in general?  Contact us today to schedule a consultation with a CYA attorney.

USCIS recently announced an upcoming change to the Violence Against Women (VAWA) program.
Starting in December 2024, USCIS will begin conducting interviews for certain VAWA self-petitioners who have both an I-360 and an I-485 pending. USCIS has clarified that not all VAWA self-petitioners will be interviewed and individuals with stand-alone I-360s will not be interviewed at this time. USCIS will continue to adjudicate large portions of its I-360 workload without an interview. Interviews will be conducted at the USCIS Field Office with jurisdiction over the self-petitioner’s residence as listed on Forms I-360 & I-485, and the VAWA self-petitioner must appear in person for the scheduled interview.

USCIS has stated that officers will receive specialized training grounded in a victim-centered approach and that interviews will be conducted in a trauma-informed manner, addressing both I-360 and I-485 eligibility. Per USCIS, this change to include interviews does not alter eligibility requirements or evidentiary standards required by the regulations, and selection for an interview is not necessarily negative or indicative of a particular case outcome.

As for why some VAWA self-petitions will now receive an interview, USCIS decided to begin conducting these interviews in response to a significant increase in filings in recent years and several recent criminal proceedings regarding VAWA fraud, including three large-scale investigations in NY, MA, and MD. USCIS will also begin a larger public awareness campaign regarding VAWA fraud.

As we head into a new presidential administration, it is expected that adjustment cases of all types, including employment, may require an in-person interview. CYA will continue to monitor developments relating to the new administration and possible changes to immigration law and policy.

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.

This week U.S. Citizenship and Immigration Services authored a FAQ that confirmed DACA recipients may be granted advance parole to travel internationally to non-immigrant consular visa interviews. This guidance is limited to consular interview attendance for employer-sponsor nonimmigrant visas. Any DACA recipients eligible for a nonimmigrant work visa must file for advance parole and have that application approved before leaving the country. Emergency advance parole may also be issued by USCIS in this scenario. For more information, please consult the USCIS DACA FAQs website or reach out to one of our attorneys for a consultation.

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.

With former President Donald Trump’s return to office, U.S. immigration policy is likely to undergo substantial changes that will impact business immigration. Drawing on Trump’s prior administration, his campaign promises, and recent expert analyses, we can anticipate shifts in policy that will directly affect employers and noncitizen employees in a myriad of ways. Here are a few ways that we might see business immigration change with the new administration:

1. Higher Scrutiny for H-1B Visas: One of the main changes we anticipate is heightened scrutiny for H-1B applications, likely leading to stricter requirements and a rise in RFEs and denial rates. The Trump administration may look to restrict the definition of specialty occupation, raise prevailing wages, and eliminate prevailing wages levels 1 & 2. Additionally, the administration may attempt to scale back or eliminate the H-4 EAD program, which currently permits spouses of H-1B visa holders to work in the U.S.
2. Increased Compliance and Enforcement Measures: Employers can expect an uptick in compliance demands across nonimmigrant and immigrant visa programs. The Trump administration may push for mandatory E-Verify nationwide, requiring all employers to verify the work eligibility of their employees. Worksite audits and I-9 Employment Eligibility Verification checks could become more frequent, with substantial penalties for non-compliance.
3. Focus on Merit-Based Immigration: Merit-based immigration, a hallmark of Trump’s initial policy agenda, is likely to re-emerge. This approach prioritizes skilled immigrants who can directly contribute to the economy rather than family-based or humanitarian entries. Legislative efforts may prioritize applicants based on skills, education, and economic contributions, which could reshape the demographic makeup of employment-based visas.
4. Restrictions on Humanitarian Programs: The Trump administration is expected to curtail humanitarian immigration programs. Proposals to end Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) are on the table, affecting thousands of foreign nationals who currently have work authorization. Changes in asylum policies and restrictions on humanitarian parole programs could also impact business immigration, as these programs often allow qualified individuals to work legally in the U.S.
5. Potential Reinstatement of Travel Bans: The return of travel bans, particularly those based on nationality or ideological beliefs, may impact international business travel and recruitment. The administration could reinstate or expand these bans, potentially creating complications for multinational companies and U.S.-based businesses that rely on a globally mobile workforce.
6. Revisions to Work Authorization for Specific Visa Categories: Policies affecting the H-4 EAD program and the Optional Practical Training (OPT) program for international students on F-1 visas are likely to be revisited. Changes to work authorization for these visa categories could limit employment opportunities for highly skilled foreign professionals. Additionally, a rollback of visa interview waivers could result in longer wait times and increased security vetting and administrative processing – impacting both current and prospective employees who require visas.

A second Trump administration will likely bring sweeping changes to U.S. immigration policy, with a strong focus on limiting legal immigration and enhancing compliance measures. Staying informed and planning strategically will be key for any organization relying on a diverse, globally sourced talent pool in a potentially restrictive immigration environment.

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.

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.