USCIS Updates O-1 Guidance on Extraordinary Ability Evidence – U.S. Citizenship and Immigration Services updated its policy guidance, effective immediately, to clarify how it evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, including adding examples of evidence for individuals in critical and emerging technologies.
Cap Reached for Additional H-2B Returning Worker Visas; Petitioners Encouraged to File Under Country-Specific Allocations While Visas Remain Available – U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 20,716 H-2B visas made available for returning workers for the first half of fiscal year 2025.
DHS Extends TPS for El Salvador, Sudan, Ukraine, and Venezuela – The Department of Homeland Security (DHS) announced the extension of Temporary Protected Status for El Salvador, Sudan, Ukraine, and Venezuela. The extensions are effective for 18 months.
OFLC Publishes List of Randomized H-2B Applications – The Department of Labor’s Office of Foreign Labor Certification announced that it has published the assignment groups for 8,759 H-2B applications covering 149,953 worker positions with a work start date of April 1, 2025.
Edakunni Settlement Agreement on Concurrent Adjudication Expires on January 2 – A settlement agreement in Edakunni v. Mayorkas, effective for two years, is set to expire on January 25, 2025.
Romania Added to Visa Waiver Program – U.S. Customs and Border Protection anticipates that the Electronic System for Travel Authorization online and mobile applications will be updated on or around March 31, 2025, to allow most citizens and nationals of Romania to apply to travel to the United States under the Visa Waiver Program.
DHS Releases Statement on Immigration Safety and Enforcement During Los Angeles Area Fires – The Department of Homeland Security released a statement related to immigration enforcement in “protected areas” during the emergency response to the devastating fires in the Los Angeles area.
OFLC Reminds Employers About H-2B Application Filing Timelines for 2025 Peak Filing Season – The filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting work start dates of April 1, 2025, or later, opened on January 1, 2025.
VWP Designated Countries List To Be Updated on Website, No Longer Announced in Federal Register – The Department of Homeland Security published a final rule that updates the agency’s practice for notifying the public of countries designated for participation in the Visa Waiver Program.
DHS Raises CBP Civil Monetary Penalties – The final rule includes a table listing the former and new penalties for various U.S. Customs and Border Protection-related violations.
Court Rejects Employer’s Challenge to DOL Determination Letter re Posting Required Notices – In Broadgate v. Su, the U.S. Court of Appeals for the Sixth Circuit rejected an appeal of an order in which the Department of Labor had issued a determination letter finding that the company had willfully violated the Immigration and Nationality Act by not posting notices required by the H-1B program, among other violations.
Practice Alert Released on Garcia Perez v. USCIS Litigation – Four asylum seekers had challenged the policies and practices of U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review that prevented asylum seekers from obtaining work authorization while their asylum claims were pending.
Recent Pro-H-1B Worker Comments by Trump Advisers Spark Public Backlash in Republican Party – Several top advisers to President-elect Trump have expressed support for high-skilled foreign workers coming to the United States on H-1B visas, but many Trump supporters strongly oppose immigration of any kind.
New Form I-129 Petition for a Nonimmigrant Worker To Be Published January 17 – The new edition of Form I-129 replaces the 04/01/24 edition. U.S. Citizenship and Immigration Services said there will be no grace period for the revised edition.
DOL Reverts to Older Forms for H-2A Job Orders and Applications – The Department of Labor (DOL) has concluded that use of the current forms associated with the Farmworker Protection Rule “is infeasible in the short term, including during the current peak H-2A filing season.” As a result, DOL will use the forms applicable under the version of 20 CFR part 655, subpart B, effective June 27, 2024.
USCIS Updates Guidance on Flexibilities in Emergencies – U.S. Citizenship and Immigration Services is updating its Policy Manual to clarify flexibilities that may be available to benefit requestors during and after an emergency or unforeseen circumstance.
Updated Naturalization Statistics Released – U.S. Citizenship and Immigration Services has published an update of its naturalization statistics, including fiscal year 2024 numbers by country.
Revised Form for Deferred Action Biographic Information To Be Released January 6 – On January 6, 2025, U.S. Citizenship and Immigration Services will publish a revised Form G-325A, Biographic Information (for Deferred Action), with edition date 10/24/24.
DHS Final Rule Updates H-1B Program, Form I-129 – The Department of Homeland Security announced a final rule, effective January 17, 2025, that will “significantly enhance U.S. companies’ ability to fill job vacancies in critical fields, strengthening our economy.”
DHS Final Rule Updates H-2A, H-2B Programs – The Department of Homeland Security announced a final rule updating the temporary agricultural (H-2A) and temporary nonagricultural (H-2B) nonimmigrant worker programs. The rule, effective January 17, 2025, “seeks to strengthen worker protections and the integrity of the H-2 programs, provide greater flexibility for H-2A and H-2B workers, and improve program efficiency.”
USCIS Updates Guidance on Case Assistance or Feedback – On December 18, 2024, U.S. Citizenship and Immigration Services announced that it is updating its Policy Manual to reflect available avenues for case assistance or feedback.
Deportations At Highest Level Since 2014, ICE Says – During FY 2024, U.S. Immigration and Customs Enforcement removed 271,484 noncitizens with final orders of removal to 192 different countries.
DOJ Reaches Agreement With Contractor After Immigration-Related Discrimination Investigation – Under the terms of the settlement, Burford’s will pay $308,689 in civil penalties to the United States.
Foreign Students Warned to Arrive on Campus Before Trump Administration Begins – Colleges and universities are warning foreign students to return to campus before President-elect Trump’s inauguration on January 20, 2025.
DHS Announces Permanent Increase of Automatic Extension Period for Certain Work Authorization Renewal Applicants – Effective January 13, 2025, the Department of Homeland Security will permanently increase the automatic extension period of work authorization to up to 540 days for eligible noncitizens who file a timely request to renew their work authorization.
USCIS Reduces EAD Processing Times and Streamlines Adjudications – U.S. Citizenship and Immigration Services announced a number of steps it has taken to reduce Employment Authorization Document processing times overall and streamline adjudications.
USCIS Revises Application to Register Permanent Residence or Adjust Status – U.S. Citizenship and Immigration Services (USCIS) announced publication of a new edition of Form I-485, Application to Register Permanent Resident or Adjust Status, that includes updates to questions and instructions. Starting February 10, 2025, USCIS will accept only the 10/24/24 edition of Form I-485 and will reject any older editions.
Visa Bulletin for January Provides Updates on Religious Workers, EB-5 Set-Asides, Effects of NDAA on U.S. Government Employee Special Immigrants – The Department of State’s Visa Bulletin for January 2025 includes updates on several fronts.
USCIS Updates Guidance on Evidence for International Entrepreneur Applicants – U.S. Citizenship and Immigration Services has updated policy guidance on the types of evidence that may support an application under the International Entrepreneur Rule. The guidance “covers evidence of the applicant’s central and active role in a startup entity and of the applicant’s position to substantially help the entity grow and succeed.”
ETA Previews Upcoming AEWRs for Range and Non-Range H-2A Applications – The Department of Labor’s Employment and Training Administration will soon update the Adverse Effect Wage Rates for range and non-range H-2A applications.
Medical Exam/Vaccination Record That Is Properly Completed and Signed May Be Used Indefinitely As Evidence – U.S. Citizenship and Immigration Services reminded stakeholders that a Form I-693, Report of Immigration Medical Examination and Vaccination Record, that is properly completed and signed by a civil surgeon on or after November 1, 2023, does not expire and may be used indefinitely as evidence.
DHS Terminates Arrival Restrictions for Flights Carrying Travelers From Rwanda – The Department of Homeland Security has terminated arrival restrictions on flights to the United States carrying persons who have recently traveled from, or were otherwise present within, Rwanda.
DOS Removes China, India, Others From Countries on Skills List for Exchange Visitors – The Department of State is updating the countries on the Exchange Visitors Skills List. DOS has removed China and India, among others, from the list. DOS is not updating the skills on the list.
FY 2025 H-1B Cap Reached, USCIS Says – U.S. Citizenship and Immigration Services has received enough H-1B 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 (master’s cap) for fiscal year 2025.
Certain Applicants Now Must File Medical Exam and Vaccination Record With Adjustment Application – U.S. Citizenship and Immigration Services is now requiring 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 be rejected.
Actions President Biden Can Take Now – The American Immigration Lawyers Association has released text with its recommendations for swift action that can be sent to members of Congress and the Biden administration.
DOJ Reaches Agreement With Healthcare Facilities Service Provider to Resolve Immigration-Related Discrimination Claims – The Department of Justice has secured an agreement with Pennsylvania-based HCSG East LLC and its parent company, Healthcare Services Group Inc. (HCSG), a nationwide provider of housekeeping, laundry, and food services for healthcare and nursing facilities.
Mr. Shabani was quoted by the AL.Com of Birmingham, Alabama and Channel 13 News. By mass deportation we will face termendeus problems and we will feel the diffrence when at grocery stors.
New Study on H-1B Visas: The National Foundation for American Policy has released a new study, H-1B Petitions and Denial Rates in FY 2024. Highlights include:
Approximately half of approved new H-1B petitions in FY 2024 (49.1%) were in professional, scientific, and technical services. Educational services, which include universities, were second with 11.9%. Stanford University had 274 approved H-1B petitions for initial employment in FY 2024, the most among U.S. universities. Third was manufacturing (9.3%), while health care and social assistance (6.5%) was fourth.
More than 30,000 employers had at least one H-1B petition approved in FY 2024, and 70% of new H-1B petitions went to employers that filed 100 or fewer applications for initial employment.
International students account for 71% of the full-time graduate students in computer and information sciences.
Among the top employers of H-1B visa holders is Tesla, which had 742 approved H-1B petitions for initial employment in FY 2024, more than doubling the company’s total in FY 2023.
Employers in California (23,590), Texas (21,575), New York (12,326), New Jersey (11,188) and Virginia (7,802) had the most approvals of H-1B petitions for initial employment in FY 2024.