Immigration News Update Newsletter — January 2025

Headlines

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.

New Study on H-1B Visas – The National Foundation for American Policy has released a new study

The News in Detail

USCIS Updates O-1 Guidance on Extraordinary Ability Evidence

On January 8, 2025, U.S. Citizenship and Immigration Services (USCIS) 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. The updated guidance aligns with President Biden’s Executive Order from October 2023, aimed at enhancing pathways for individuals working in artificial intelligence and other critical technologies.

The guidance:

Explains that a separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may file a petition on the beneficiary’s behalf.
Provides clarifying guidance regarding evidentiary criteria for O-1A and O-1B nonimmigrants.
Adds examples of relevant evidence that may be submitted by an interested U.S. government agency.
Provides an example of an occupational change within a technological field.
Clarifies the circumstances under which USCIS limits an extension of stay to 1 year.

Practitioners have noted that the flexibility offered with this guidance may particularly benefit for entrepreneurs, startup founders, and self-employed individuals working in areas of extraordinary ability. The clarification of O-1 extension circumstances may also benefit those working in research and development as their projects progress and extend to subsequent phases.

Cap Reached for Additional H-2B Returning Worker Visas; Petitioners Encouraged to File Under Country-Specific Allocations While Visas Remain Available

On January 10, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it 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 with start dates on or before March 31, 2025. January 7, 2025, was the final receipt date for petitions requesting supplemental H-2B visas under this allocation.

USCIS said it is still accepting petitions for H-2B nonimmigrant workers with start dates on or before March 31, 2025, for the additional 20,000 visas allotted for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras (country-specific allocation), as well as those who are exempt from the congressionally mandated cap.

USCIS encourages petitioners whose H-2B workers with start dates on or before March 31, 2025, were not accepted for the 20,716 returning worker allocation to file under the country-specific allocation while visas remain available. As of January 7, 2025, USCIS had received petitions requesting 3,678 workers under the 20,000 visas set aside for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras.

DHS Extends TPS for El Salvador, Sudan, Ukraine, and Venezuela

On January 10, 2025, the Department of Homeland Security (DHS) announced the extension of Temporary Protected Status (TPS) for El Salvador, Sudan, Ukraine, and Venezuela.

El Salvador: The TPS extension is effective for 18 months, from March 10, 2025, to September 9, 2026. It allows approximately 232,000 current beneficiaries to re-register for TPS if they continue to meet eligibility requirements, U.S. Citizenship and Immigration Services (USCIS) said. Re-registration is limited to individuals who previously registered for and were granted TPS under El Salvador’s prior designation. USCIS will continue to process pending applications filed under previous TPS designations for El Salvador. Individuals with a pending Form I-821 or a related Form I-765, starting when the Federal Register notice is published, do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for El Salvador, USCIS will grant the individual TPS through September 9, 2026, and issue an Employment Authorization Document (EAD) valid through the same date. A Federal Register notice provides information about how to re-register for TPS under this extension.

Sudan: The TPS extension is effective for 18 months. It allows approximately 1,900 current eligible beneficiaries to re-register for TPS if they continue to meet eligibility requirements. Re-registration is limited to individuals who previously registered for TPS under Sudan’s designation. This includes nationals of Sudan (and individuals without nationality who last resided in Sudan) who have been continuously residing in the United States since at least August 16, 2023, with or without lawful immigration status. Both initial applicants and re-registering current beneficiaries who have a pending Form I-821 or Form I-765 do not need to file either application again. If USCIS approves an individual’s pending Form I-821, USCIS will grant them TPS through October 19, 2026. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD valid through the same date.

Ukraine: The TPS extension is effective for 18 months. It allows approximately 103,700 current eligible beneficiaries to re-register for TPS if they continue to meet eligibility requirements. Re-registration is limited to individuals who previously registered for TPS under Ukraine’s designation. This includes nationals of Ukraine (and individuals without nationality who last resided in Ukraine) who have been continuously residing in the United States since at least August 16, 2023, with or without lawful immigration status. Both initial applicants and re-registering current beneficiaries who have a pending Form I-821 or Form I-765 do not need to file either application again. If USCIS approves an individual’s pending Form I-821, USCIS will grant them TPS through October 19, 2026. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.

Venezuela: The TPS extension is effective for 18 months. Individuals may be eligible if they have continuously resided in the United States on or before July 31, 2023. Venezuelan nationals who arrived in the United States after July 31, 2023, are not eligible for TPS. The TPS extension allows approximately 600,000 eligible current beneficiaries to retain TPS through October 2, 2026, if they re-register and continue to meet TPS eligibility requirements. Venezuelan nationals who registered for TPS under the 2021 Venezuela TPS designation are also eligible to re-register for TPS under this extension, as they meet the same eligibility requirements. Venezuelan TPS beneficiaries must timely re-register during the re-registration period that runs from the date of publication of the Federal Register notice to September 10, 2025, to ensure they keep their TPS and work authorization. DHS recognizes that not all re-registrants may receive a new EAD before their current EAD expires and is automatically extending through April 2, 2026, the validity of certain EADs previously issued. Both initial applicants and re-registering current beneficiaries who have a pending Form I-821 or Form I-765 under Venezuela 2023 do not need to file either application again. If USCIS approves an individual’s pending Form I-821, USCIS will grant them TPS through October 2, 2026. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.

OFLC Publishes List of Randomized H-2B Applications

On January 6, 2025, the Office of Foreign Labor Certification (OFLC) 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.

OFLC said it completed the randomization process on January 4, 2025, and assigned to National Processing Center analysts all H-2B applications placed in Assignment Group A for issuance of Notices of Deficiency or Acceptance. That group includes enough worker positions to reach the H-2B semiannual visa allotment of 33,000.

On January 4, 2025, OFLC notified each employer (and the employer’s authorized attorney or agent) informing them about the Assignment Group for their application(s).

Edakunni Settlement Agreement on Concurrent Adjudication Expires on January 25

A settlement agreement in Edakunni v. Mayorkas, effective for two years, is set to expire on January 25, 2025. Under the agreement, U.S. Citizenship and Immigration Services (USCIS) said it would bundle the adjudication of the Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) with the underlying Form I-129 (Petition for a Nonimmigrant Worker), where applicable, for H-4 and L-2 derivatives (e.g., dependent spouses) when these forms were properly filed together regardless of whether they were filed under standard or premium processing.

The agreement was seen as a way to help the spouses of H-1B and L-1 visa holders timely obtain work authorization.

Romania Added to VWP

On January 10, 2025, the Department of Homeland Security (DHS), in consultation with the Department of State, announced the designation of Romania as a participating country in the Visa Waiver Program (VWP).

The U.S. Embassy in Romania said that U.S. Customs and Border Protection anticipates that the Electronic System for Travel Authorization (ESTA) 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 VWP for tourism or business purposes for up to 90 days without first obtaining a U.S. visa. The embassy noted that these authorizations are generally valid for two years. Travelers with valid B-1/B-2 visas may continue to use their visas for travel to the United States, and B-1/B-2 visas will remain an option for Romanian citizens. The embassy said that U.S. citizens already can travel visa-free to Romania and stay there for up to 90 days for tourism or business purposes if they have a passport that is valid for at least three months from the date of arrival.

Romania is the 43rd member of the VWP and the fourth country added under DHS Secretary Mayorkas, after Croatia (2021), Israel (2023), and Qatar (2024).

The U.S. Embassy in Romania noted that ESTA applications may be accessed online or by downloading the “ESTA Mobile” application through the iOS App Store or the Google Play store.

DHS Releases Statement on Immigration Safety and Enforcement During Los Angeles Area Fires

The Department of Homeland Security (DHS) released the following statement related to immigration enforcement in “protected areas” during the emergency response to the devastating fires in the Los Angeles area:

During emergency events, [DHS] works with its federal, state, local, and non-governmental partners to support the needs of the people in the areas that may be impacted.

In such circumstances, U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) remind the public that sites that provide emergency response and relief are considered protected areas. To the fullest extent possible, ICE and CBP do not conduct immigration enforcement activities at protected areas such as along evacuation routes, sites used for sheltering or the distribution of emergency supplies, food or water, or registration sites for disaster-related assistance or the reunification of families and loved ones.

At the request of [the Federal Emergency Management Agency] or local and state authorities, ICE and CBP may help conduct search and rescue, air traffic de-confliction and public safety missions. ICE and CBP provide emergency assistance to individuals regardless of their immigration status. DHS officials do not and will not pose as individuals providing emergency-related information as part of any enforcement activities.

DHS is committed to ensuring that every individual who seeks shelter, aid, or other assistance as a result of a natural disaster or emergency event is able to do so regardless of their immigration status.

OFLC Reminds Employers About H-2B Application Filing Timelines for 2025 Peak Filing Season

On December 30, 2024, the Department of Labor’s Office of Foreign Labor Certification (OFLC) reminded employers and other stakeholders that 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. OFLC said that H-2B applications requesting an April 1, 2025, work start date will be denied if they were filed before that date.

The agency noted:

OFLC will randomly order for processing all H-2B applications requesting a work start date of April 1, 2025, that were filed during the initial three calendar days (January 1-3, 2025) using the randomization procedures published in the Federal Register.
If OFLC identifies multiple applications that appear to have been filed for the same job opportunity, OFLC will issue a Notice of Deficiency. If multiple filings were submitted during the three-day filing window, all of those applications will receive a Notice of Deficiency asking the employer to demonstrate that the job opportunities are not the same. Employers that fail to establish a bona fide need for each application will receive a non-acceptance denial.

VWP Designated Countries List To Be Updated on Website, No Longer Announced in Federal Register

The Department of Homeland Security (DHS) published a final rule on December 27, 2024, that updates the agency’s practice for notifying the public of countries designated for participation in the Visa Waiver Program (VWP). The VWP’s list currently includes 42 countries.

The final rule:

Amends the definition of “designated country” by referring to countries that the Secretary of Homeland Security has designated for VWP participation and noting that a list of such countries is available on the public-facing DHS VWP website.
Does not alter which countries have been designated for the VWP or the criteria for initial and continued designation as a program country.

DHS will no longer publish a separate technical amendment in the Federal Register for each new country designation. DHS said the changes will allow the agency “to update designations more efficiently and expeditiously.”

DHS Raises CBP Civil Monetary Penalties

The Department of Homeland Security (DHS) has raised civil monetary penalties for various violations. The new penalty amounts, adjusted for inflation, are effective for penalties assessed after January 2, 2025, whose associated violations occurred after November 2, 2015.

The final rule includes a table listing the former and new penalties for various U.S. Customs and Border Protection-related violations. For example, the penalty for “bringing to the United States aliens without required documentation” has been raised from $6,913 to $7,093.

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 (DOL) had issued a determination letter finding that the company had willfully violated the Immigration and Nationality Act by not paying required wages to H-1B employees and not posting required notices, among other violations. The letter barred Broadgate from participating in the H-1B program for two years, required Broadgate to pay back wages of more than $31,000, and assessed a “civil penalty” of about $68,000.

Broadgate sought review before an Administrative Law Judge, challenging only the determination that Broadgate had willfully failed to post certain workplace notices. Later, on remand before an Administrative Law Judge (ALJ), Broadgate made a new argument: that DOL’s Wage and Hour Division “had exceeded its authority by investigating violations (failure to post required notices) that had not been alleged in the employee’s original complaint (which alleged nonpayment of required wages).” The ALJ rejected that argument and affirmed the DOL’s imposition of fines and penalties. The Review Board affirmed, as did the district court. This appeal followed. The Sixth Circuit affirmed the lower courts’ decisions and rejected Broadgate’s arguments, upholding DOL’s actions.

Practice Alert Released on Garcia Perez v. USCIS Litigation

The Northwest Immigrant Rights Project and the National Immigration Litigation Alliance released a practice alert on the final settlement agreement in Garcia Perez v. USCIS, effective September 26, 2024. The alert notes that in that case, four asylum seekers challenged the policies and practices of U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) that prevented asylum seekers from obtaining work authorization while their asylum claims were pending.

The alert provides information about the terms of the settlement agreement and policy changes that USCIS and EOIR implemented after the lawsuit was filed. EOIR said it would publish guidance on its website reflecting the updated policies.

Recent Pro-H-1B Worker Comments by Trump Advisers Spark Public Backlash in Republican Party

Recent social media comments by Elon Musk and Vivek Ramaswamy, picked by President-elect Donald Trump to advise him and direct his new “Department of Government Efficiency,” have sparked a backlash within the Republican Party. Mr. Musk and Mr. Ramaswamy have expressed support for high-skilled foreign workers coming to the United States on H-1B temporary work visas, but many Trump supporters are strongly opposed to immigration of any kind. Their differences were amplified when Trump chose a venture capitalist, Sriram Krishnan, an Indian immigrant who has advocated for skilled-worker green cards, as a top senior adviser on artificial intelligence.

Mr. Musk, originally from South Africa, previously immigrated to Canada before coming to the United States and becoming a naturalized U.S. citizen in 2002. He previously said he was on an H-1B visa. More recently, he said on his social media platform, X, that “the number of people who are super talented engineers AND super motivated in the USA is far too low.” He urged people to think “of this like a pro sports team: if you want your TEAM to win the championship, you need to recruit top talent wherever they may be. That enables the whole TEAM to win.” He also said that there is a “permanent shortage of excellent engineering talent. It is the fundamental limiting factor in Silicon Valley.” On December 27, 2024, Mr. Musk said he was ready to go to “war” over the issue.

Mr. Ramaswamy, whose parents are Indian immigrants, recently said a reason for the need for foreign workers was an American culture that venerates “mediocrity over excellence” and that he hoped the Trump administration would start a culture of “hard work over laziness.” However, Mr. Ramaswamy, who used the H-1B program dozens of times to hire foreign workers for his former company, previously said the H-1B program as currently structured is “bad for everyone involved” and that he would “gut” it. He has also expressed support for Trump’s mass deportation plans and advocated for sending the U.S. military to the United States’ northern and southern border zones.

It is unclear what President-elect Trump will do in his second administration. In his first administration, he worked to curb immigration—including frequently requesting additional documentation for skilled-worker applications—but his new selections of pro-H-1B tech company heads as advisers, along with recent comments supporting the idea of green cards for educated foreign workers, seem at odds with the anti-immigrant sentiments and plans he expressed during his second presidential campaign. However, on December 28, 2024, Mr. Trump reportedly said, “I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great program.” Also referring to the H-1B program, he said, “I’ve always liked the visas, I have always been in favor of the visas. That’s why we have them.” According to reports, Mr. Trump employs workers under the H-2A (temporary agricultural workers) and H-2B (seasonal workers) programs.

New Form I-129 Petition for a Nonimmigrant Worker To Be Published January 17

On January 17, 2025, U.S. Citizenship and Immigration Services (USCIS) will publish a revised edition of Form I-129, Petition for a Nonimmigrant Worker (edition date: 01/17/25). USCIS said it has revised the form to align with the recently announced H-1B modernization final rule and the H-2 modernization final rule.

The new edition of Form I-129 replaces the 04/01/24 edition. USCIS said there will be no grace period for the revised edition “because this revised edition is necessary for USCIS to apply the final rules.” USCIS has provided a preview version of the 01/17/25 edition of Form I-129  (PDF, 2.19 MB) and its instructions. The agency has warned, “Do not file the 01/17/25 edition of Form I-129 before Jan. 17, 2025. We will only accept the 01/17/25 edition of this form if it is received on or after Jan. 17, 2025. ”

USCIS also said that those filing Form I-129 on paper by mail should note that the agency:

Will accept the 04/01/24 edition of Form I-129 if it is received before January 17, 2025;
Will not accept the 04/01/24 edition of Form I-129 if it is received on or after January 17, 2025; and
Will only accept the 01/17/25 edition of Form I-129 if it is received on or after January 17, 2025.

DOL Reverts to Older Forms for H-2A Job Orders and Applications

The Department of Labor (DOL) announced on December 20, 2024, that it 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. The decision comes after consideration and in light of recent court orders, DOL said.

The announcement includes details on implementation procedures and technical assistance.

USCIS Updates Guidance on Flexibilities in Emergencies

U.S. Citizenship and Immigration Services (USCIS) announced that it is updating its Policy Manual to clarify flexibilities that may be available to benefit requestors during and after an emergency or unforeseen circumstance.

The update explains that if certain emergencies or unforeseen circumstances present unanticipated challenges to immigration benefit requestors, USCIS may use its discretion to implement certain flexibilities relating to requests for extension of stay and change of status, applications for employment authorization, requests for document replacement, abandonment or failure to respond to requests for evidence, fee waivers, expedited processing, and satisfactory departure.

USCIS said that emergencies and unforeseen circumstances may include:

Natural disasters (for example, hurricanes, wildfires, or other severe weather);
National emergencies (for example, public health emergencies);
Conflicts abroad; or
Other unforeseen circumstances (for example, terrorist attacks, mass shootings, or cyber-attacks).

USCIS will inform the public of the availability of flexibilities through its Immigration Relief in Emergencies or Unforeseen Circumstances webpage.

Updated Naturalization Statistics Released

U.S. Citizenship and Immigration Services (USCIS) has published an update of its naturalization statistics. Highlights include:

USCIS welcomed 818,500 new citizens in fiscal year (FY) 2024. Although this was a 7% decrease from last year, the 3-year total was more than 2.6 million new citizens.
Among the top five countries of birth for people naturalizing in FY 2024, Mexico was the lead country, with 13.1% of all naturalizations, followed by India (6.1%), the Philippines (5.0%), the Dominican Republic (4.9%), and Vietnam (4.1%). The top five countries of birth comprised 33% of the naturalized citizens in FY 2024.
Of all citizens naturalized in FY 2024, 70% resided in 10 states (in descending order): California, Florida, New York, Texas, New Jersey, Illinois, Virginia, Georgia, Massachusetts, and Washington. More than 50% resided in the top four states.
The top five cities (including boroughs) where people who naturalized resided were (in descending order): Miami, Brooklyn, the Bronx, Houston, and Los Angeles.
The top five Core Based Statistical Areas where people who naturalized resided were (in descending order): New York-Newark-Jersey City (14.4%), Miami-Fort Lauderdale-Pompano Beach (6.9%), Los Angeles-Long Beach-Anaheim (6.5%), Washington-Arlington-Alexandria (3.9%), and Houston-The Woodlands-Sugar Land (3.2%).
More than 37% of citizens naturalized in FY 2024 were 30 to 44 years old. The median age of those naturalizing in FY 2024 was 42 years. About 17% were younger than 30, and 23 new citizens were centenarians (100 and older).
Women made up more than 55% of those naturalized in FY 2024, and they were the majority in every age group.
Most people who naturalized came to the United States as immediate relatives of U.S. citizens or through family-sponsored preference categories, followed by employment-based preference categories, refugees and asylees, and the Diversity Immigrant Visa Program.

The table below shows approved naturalizations for FY 2024 for the top 10 countries:

Country of Birth	FY 2024 Naturalizations
Mexico	107,700
India	49,700
Philippines	41,200
Dominican Republic	39,900
Cuba	33,700
Vietnam	33,400
China	24,300
El Salvador	21,900
Jamaica	20,000
Colombia	17,900
All Others	428,800
Total	818,500

Source: USCIS, Electronic Immigration System.

Revised Form for Deferred Action Biographic Information To Be Released January 6

On January 6, 2025, U.S. Citizenship and Immigration Services (USCIS) will publish a revised Form G-325A, Biographic Information (for Deferred Action), with edition date 10/24/24.

USCIS said individuals should use this form to request deferred action for certain families of military service members, or for non-military deferred action (other than deferred action based on Deferred Action for Childhood Arrivals (DACA), Violence Against Women Act, A-3, G-5 nonimmigrants, and T and U nonimmigrant visas).

USCIS will not accept Form G-325A with edition date 10/25/23 on or after February 5, 2025.

DHS Final Rule Updates H-1B Program, Form I-129

The Department of Homeland Security (DHS) 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.” The new rule “modernizes the H-1B program by streamlining the approvals process, increasing [DHS’s] flexibility to better allow employers to retain talented workers, and improving the integrity and oversight of the program.” To implement this rule, a new edition of Form I-129, Petition for a Nonimmigrant Worker, will be required for all petitions beginning January 17, 2025.

Among other things, the final rule:

Updates the definition and criteria for specialty occupation positions and for nonprofit and governmental research organizations that are exempt from the annual statutory limit on H-1B visas.
Extends certain flexibilities for students on an F-1 visa seeking to change their status to H-1B to avoid disruptions in lawful status and employment authorization for those F-1 students.
Allows U.S. Citizenship and Immigration Services (USCIS) to process applications more quickly for most individuals who had previously been approved for an H-1B visa.
Allows H-1B beneficiaries with a controlling interest in the petitioning organization to be eligible for H-1B status subject to “reasonable conditions.”
Codifies USCIS’ authority to conduct inspections and impose penalties for failure to comply.
Requires employers to establish that they have a bona fide position in a specialty occupation available for the H-1B worker as of the requested start date.
Clarifies that the Labor Condition Application must support and properly correspond with the H-1B petition.
Requires the petitioner to have a legal presence and be subject to legal processes in court in the United States.

DHS said the new rule builds on a previous final rule, announced in January 2024, “which has already dramatically improved the H-1B registration and selection process.” DHS noted that these provisions “mainly amend the regulations governing H-1B specialty occupation workers, although some of the provisions narrowly impact other nonimmigrant classifications, including: H-2, H-3, F-1, L-1, O, P, Q-1, R-1, E-3, and TN.”

There will be no grace period for accepting prior form editions, DHS said. USCIS will soon publish a preview version of the new Form I-129 edition on uscis.gov.

DHS Final Rule Updates H-2A, H-2B Programs

The Department of Homeland Security (DHS) announced a final rule updating programs for temporary agricultural (H-2A) and temporary nonagricultural (H-2B) nonimmigrant workers. DHS said 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.”

Among other things, the final rule:

Makes significant revisions to provisions relating to prohibited fees in order to strengthen the existing prohibition on, and consequences for, charging certain fees to H-2A and H-2B workers, including new bases for denial for some H-2 petitions.
Institutes certain mandatory and discretionary grounds for denial of an H-2A or H-2B petition.
Provides H-2A and H-2B workers with “whistleblower protection” comparable to the protection currently offered to H-1B workers.
Clarifies requirements for petitioners and employers to consent to, and fully comply with, U.S. Citizenship and Immigration Services (USCIS) compliance reviews and inspections.
Clarifies USCIS’ authority to deny or revoke a petition if USCIS is unable to verify information related to the petition, including but not limited to where such inability is due to lack of cooperation from a petitioner or an employer during a site visit or other compliance review.
Adjusts the admission periods before and after the validity dates of an approved petition (grace periods) so that H-2 workers would be considered maintaining valid H-2 status for a period of up to 10 days before the petition’s validity period and up to 30 days following its expiration.
Extends the existing 30-day grace period to a period of up to 60 days following revocation of an approved petition during which an H-2 worker may seek new qualifying employment or prepare for departure from the United States without violating their nonimmigrant H-2 status or accruing unlawful presence.
Provides a new grace period for up to 60 days during which an H-2 worker can stop working for the petitioner while maintaining H-2 status.
Permanently provides portability (the ability to begin new employment with the same or new employer upon the proper filing of an extension of stay petition rather than only upon its approval) to H-2A and H-2B workers.
In the case of petition revocations, clarifies that H-2A employers have the same responsibility as H-2B employers for reasonable costs of return transportation for the beneficiary.
Removes the requirement that USCIS may generally only approve petitions for H-2 nonimmigrant status for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated as eligible to participate in the H-2 programs.
Simplifies the regulatory provisions regarding the effect of a departure from the United States on the three-year maximum period of stay by providing a uniform standard for resetting the three-year clock following such a departure.

USCIS Updates Guidance on Case Assistance or Feedback

On December 18, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it is updating its Policy Manual to reflect available avenues for case assistance or feedback. Specifically, the update:

Recommends that stakeholders submit changes of address through the self-service tool available in their USCIS online account as soon as possible following a move or when an update is required;
Updates information on USCIS’s current case assistance tools and resources to reflect the expansion of online tools and resources;
Includes a link to the agency’s Contact Us webpage, where stakeholders can find information on how to contact USCIS, including detailed, program-specific assistance information;
Updates and clarifies information on providing feedback to USCIS;
Changes the language on USCIS’s response time goals to service requests from 15 calendar days to 15 business days; and
Removes the timeframe on processing priority service requests but retains priority processing of certain service request categories.

Deportations At Highest Level Since 2014, ICE Says

According to U.S. Immigration and Customs Enforcement’s (ICE) annual report released December 19, 2024, deportations from the United States are at their highest level since 2014. Selected highlights include:

During FY 2024, ICE’s Enforcement and Removal Operations (ERO) removed 271,484 noncitizens with final orders of removal to 192 different countries, including 88,763 who had charges or convictions for criminal activity; 3,706 known or suspected gang members; 237 known or suspected terrorists; and eight human rights violators.
More than 30% of those removed during the fiscal year had criminal histories, with an average of 5.63 convictions and/or charges per individual, and many of their criminal histories were “extremely serious.” During the year, ERO also identified and arrested individuals who were wanted in their home countries for crimes such as terrorist activities and participation in torture.
Among other activities, intensive diplomatic efforts by the Department of Homeland Security and ERO increased the number of charter flights in FY 2024 to countries in the Eastern Hemisphere. These included the first large charter removal flight to the People’s Republic of China since fiscal year 2018, as well as large charter flights stopping in Albania, Angola, Egypt, Georgia, Ghana, Guinea, India, Mauritania, Romania, Senegal, Tajikistan, and Uzbekistan.

DOJ Reaches Agreement With Contractor After Immigration-Related Discrimination Investigation

On December 19, 2024, the Department of Justice (DOJ) announced that it has secured an agreement with Burford’s Construction LLC, an Alabama-based contractor that provides vegetation clearing and maintenance for electrical utility companies and municipalities. The agreement resolves DOJ’s determination that Burford’s “routinely discriminated against lawful permanent residents when verifying their permission to work by demanding specific, and sometimes unnecessary, documents.”

After conducting an investigation, the Civil Rights Division’s Immigrant and Employee Rights Section determined that from at least January 1, 2021, through May 30, 2023, Burford’s routinely required lawful permanent residents to present specific immigration documents to establish their permission to work, even when they had already provided sufficient proof under the law.

Under the terms of the settlement, DOJ said Burford’s will pay $308,689 in civil penalties to the United States, train its personnel on anti-discrimination requirements, revise its employment policies that relate to hiring, and be subject to departmental monitoring.

Foreign Students Warned to Arrive on Campus Before Trump Administration Begins

According to reports, various colleges and universities are warning foreign students to return to campus before President-elect Trump’s inauguration on January 20, 2025, due to concerns about travel bans imposed during his previous administration and his more recent comments on restricting entry into the United States when he returns to the White House. The schools include Cornell University, the University of Southern California (USC), Harvard University, the University of Massachusetts Amherst, Massachusetts Institute of Technology, and Wesleyan University. For example:

USC’s Office of International Services sent out a letter that states, “A new presidential administration will take office on January 20, 2025, and—as is common—may issue one or more executive orders impacting travel to the U.S. and visa processing. While there’s no certainty such orders will be issued, the safest way to avoid any challenges is to be physically present in the U.S. before the spring semester begins on January 13, 2025.”
Cornell’s Office of Global Learning warned that a travel ban “is likely to go into effect soon after inauguration” and advised students to return to the United States before the start of spring-semester classes on January 21, 2025. “The ban is likely to include citizens of the countries targeted in the first Trump administration: Kyrgyzstan, Nigeria, Myanmar, Sudan, Tanzania, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia. New countries could be added to this list, particularly China and India,” the statement noted.
Niels Frenzen, a law professor at USC and director of its immigration clinic, said, “We have been doing know-your-rights sessions and lots of students have come in for individual sessions just to check in even if their paperwork is all in order.”

DHS Announces Permanent Increase of Automatic Extension Period for Certain Work Authorization Renewal Applicants

On December 10, 2024, the Department of Homeland Security (DHS) announced a final rule that will permanently increase the automatic extension period of work authorization from up to 180 days to up to 540 days for eligible noncitizens who file a timely request to renew their work authorization. DHS said this announcement “responds to feedback from the business community to create more certainty for employers.” The final rule, effective January 13, 2025, will apply to eligible applicants with timely filed renewal Employment Authorization Document (EAD) applications pending or filed on or after May 4, 2022.

DHS said that the final rule reduces the likelihood that lapses in employment authorization for eligible noncitizens will occur while U.S. Citizenship and Immigration Services adjudicates their EAD renewal requests and will better ensure continuity of operations for U.S. employers.

USCIS Reduces EAD Processing Times and Streamlines Adjudications

On December 10, 2024, U.S. Citizenship and Immigration Services (USCIS) announced a number of steps it has taken to reduce Employment Authorization Document (EAD) processing times overall and streamline adjudication processing, including:

Reducing by half the median EAD processing times for individuals with pending applications for adjustment of status from fiscal year 2021 to date;
Engaging with communities to educate work-eligible individuals and providing on-the-ground intake support for applicants;
Reducing EAD application processing times for asylum applicants and certain parolees to less than or equal to a 30-day median;
Extending the EAD validity period for certain categories of applicants from two years to five years;
Streamlining the processing of refugee EAD applications; and
Expanding online filing of EAD applications to asylum applicants and parolees.

USCIS Revises Application to Register Permanent Residence or Adjust Status

On December 10, 2024, 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. The new edition 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.

USCIS said the new edition of Form I-485:

Requires applicants who need to submit a Form I-693, Report of Immigration Medical Examination and Vaccination Record, or a partial Form I-693 (such as a vaccination record), to submit the Form I-693 or partial Form I-693 with their Form I-485. If the applicant does not submit the Form I-693 with Form I-485 when it is required, the Form I-485 may be rejected;
Enables applicants who are exempt from the Form I-864, Affidavit of Support Under Section 213A of the INA, requirement to request the exemption on Form I-485 rather than submitting Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support, which has been discontinued;
Clarifies questions on the form about the public charge ground of inadmissibility. The questions now will require an applicant to identify their immigrant category so USCIS “can more easily determine whether or not they are exempt from this ground of inadmissibility and can adjudicate the application accordingly”; and
Streamlines the collection of information and consolidates and clarifies instructions and requirements.

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 (DOS) Visa Bulletin for January 2025 includes the following updates:

Scheduled Expiration of Employment Fourth Preference Religious Workers Category

No SR visas in the Employment Fourth Preference Certain Religious Workers (SR) category may be issued overseas, or final action taken on adjustment of status cases, after midnight December 19, 2024. Visas issued before that date will be valid only until December 19, 2024, and all individuals seeking admission in the non-minister special immigrant category must be admitted into the United States by December 19, 2024.

The SR category is listed as “Unavailable” for all countries for January. If Congress extends the green card category, it is likely it will become available effective immediately. If extended, the category will be subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.

Visa Availability in EB-5 Set-Aside Categories

DOS and U.S. Citizenship and Immigration Services (USCIS) note an increase in I-526E petition approvals. Both agencies see increasing numbers of individuals processing their applications to completion in the EB-5 set-aside categories. The bulletin states that “it may become necessary to establish Dates for Filing and Final Action Dates during the fiscal year to ensure that issuances in these categories do not exceed annual limits. This situation will be continually monitored, and any necessary adjustments will be made accordingly.”

Effects of NDAA on U.S. Government Employee Special Immigrants

The National Defense Authorization Act (NDAA) may affect certain current and former employees of the U.S. government abroad, as well as certain surviving spouses and children of deceased employees of the U.S. government abroad, applying for Special Immigrant Visas (SIVs) or adjustment of status. This does not affect certain Iraqis and Afghans applying for SQ and SI SIVs, the bulletin notes. “Applicants should contact the consular section at which they filed their Form DS‑1884 for further information on the impact of that law on their case.”

USCIS Updates Guidance on Evidence for International Entrepreneur Applicants

On December 12, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it 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.”

The guidance also “expands on the types of evidence that can show qualified investments and qualified government awards or grants, and the types of alternative evidence that an applicant may submit. It also clarifies the types of evidence that can support a finding of significant public benefit,” USCIS said.

The guidance, contained in Volume 3 of USCIS Policy Manual, is effective immediately and applies to requests pending or filed on or after December 12, 2024.

ETA Previews Upcoming AEWRs for Range and Non-Range H-2A Applications

On December 12, 2024, the Department of Labor’s Employment and Training Administration (ETA) announced that it will soon publish two Federal Register notices updating the Adverse Effect Wage Rates (AEWRs) for range and non-range H-2A applications.

The first notice will update the AEWR under the H-2A temporary agricultural employment program that applies to all range H-2A job opportunities for which the AEWR is determined using the Bureau of Labor Statistics (BLS) September 2024 Employment Cost Index (ECI).

The second notice will update the AEWRs under the H-2A temporary agricultural employment program that apply to most non-range H-2A job opportunities for which the AEWRs are determined using the Department of Agriculture’s (USDA) October 2024 Farm Labor Survey (FLS).

To ensure that employers are aware of the coming updates, ETA said it is providing a preview of upcoming wage changes based on the September 2024 ECI results, published on October 31, 2024, and the October 2024 FLS results, published on November 20, 2024. Employers should refer to the notices, once published, for the effective dates of the new AEWRs.

Medical Exam/Vaccination Record That Is Properly Completed and Signed May Be Used Indefinitely As Evidence

On December 9, 2024, U.S. Citizenship and Immigration Services (USCIS) 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.

USCIS said this means that “if you receive a Request for Evidence for Form I-693 for your pending Form
I-485, Application to Register Permanent Residence or Adjust Status, you must provide the Form I-693, even if the visa has retrogressed.”

DHS Terminates Arrival Restrictions for Flights Carrying Travelers From Rwanda

The Department of Homeland Security (DHS) has terminated arrival restrictions applicable to flights to the United States carrying persons who have recently traveled from, or were otherwise present within, Rwanda.

The previous restrictions directed such flights to arrive at one of the U.S. airports where the U.S. government had focused public health resources to implement enhanced public health measures due to an outbreak of Marburg Virus Disease (MVD). DHS said there have been no new confirmed MVD cases reported in Rwanda for more than a month.

DOS Removes China, India, Others From Countries on Skills List for Exchange Visitors

The Department of State (DOS) announced an update of the countries on the Exchange Visitors Skills List, effective December 9, 2024. This update supersedes the most recent update in 2009. DOS has removed China and India, among others, from the list. This means that J nonimmigrant exchange visitors from those countries who were subject to the two-year foreign residence requirement based on designations in the previously published Skills List no longer need to return to their countries for two years after their studies in the United States if their country is not on the revised list. DOS is not updating the skills on the list.

The notice explains that the Skills List is a list of countries designated as clearly requiring the services of persons engaged in certain fields of specialized knowledge or skills. Criteria for designation include overall economic development (per capita Gross Domestic Product), country size, and overall outbound migration rate, the notice states. In addition to China and India, Saudi Arabia, South Korea, the United Arab Emirates, and others were removed from the list.

Exchange visitors who seek a definitive determination from DOS of whether the two-year foreign residence requirement applies to them may request an Advisory Opinion from the Waiver Review Division, the notice says.

FY 2025 H-1B Cap Reached, USCIS Says

On December 2, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it 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 (FY) 2025.

USCIS said that when it finishes sending out the non-selection notifications, the status for properly submitted registrations that the agency did not select for the FY 2025 H-1B numerical allocations will state:

Not Selected: Not selected—not eligible to file an H-1B cap petition based on this registration.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. The agency noted that 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 said it 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.

Certain Applicants Now Must File Medical Exam and Vaccination Record With Adjustment Application

On December 2, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it 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.

USCIS explained that 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 that they are free from health conditions that would render them inadmissible under the health-related grounds.

USCIS said it has made this change “to reduce the number of Requests for Evidence we issue before adjudicating a Form I-485.”

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. The actions include:

Finalizing regulations, particularly the H-1B and H-2 modernization rules and a temporary final rule that extends work authorization for 540 days.
Protecting vulnerable populations who may be subject to unnecessary detention and enforcement.
Expediting adjudications for populations at risk of deportation, including renewals of Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), and work permit applications.
Prioritizing visa adjudications for those who were subject to travel bans.
Extending TPS designations of countries that will expire in 2025.
Making permanent the domestic visa renewal program so essential employees do not need to travel overseas to complete visa processing.
Withdrawing or rescinding Trump-era regulations that were not finalized or implemented and that could be rapidly implemented by the incoming administration.
Withdrawing regulations that undermine fairness and due process in immigration courts and that would harm DACA recipients.
Rescinding regulations that unfairly restrict access to asylum and jeopardize the lives of those needing humanitarian protection.

DOJ Reaches Agreement With Healthcare Facilities Service Provider to Resolve Immigration-Related Discrimination Claims

On December 6, 2024, the Department of Justice announced that it 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. The agreement resolves DOJ’s determination that HCSG discriminated against non-U.S. citizens with permission to work in the United States when hiring at its Siler City, North Carolina, location and engaged in unfair practices regarding work authorization documents.

Specifically, DOJ’s Civil Rights Division’s Immigrant and Employee Rights Section (IER) concluded that HCSG discriminated against a worker by refusing to honor her valid document showing her permission to work because of her citizenship status. IER’s investigation also determined that HCSG had a policy of unlawfully refusing to hire certain workers who had permission to work but were not U.S. citizens or lawful permanent residents at its Siler City location from at least February 2022 to at least December 2022.

Under the settlement, HCSG will pay a civil penalty of $6,914 to the United States and provide $10,500 in backpay to an affected worker. The backpay includes lost wages and benefits, including lost overtime pay, bonuses, fringe benefits, paid holidays, vacation time, and interest, less any required withholdings. The agreement also requires HCSG to “train its personnel on the Immigration and Nationality Act’s requirements, revise its employment policies, broadly recruit workers, avoid unnecessary English-language requirements in its job ads and be subject to departmental monitoring,” DOJ said.

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:

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.
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.

Firm in the News

Charles Kuck was interviewed on “Politically Georgia” (scroll down to the playlist and select “The Future of the Anti-Trump Movement and Trump’s Immigration Promises). Mr. Kuck discussed President-elect Trump’s border, immigration, and deportation plans.

Mr. Kuck was quoted by the Times of India in U.S. Supreme Court Upholds Discretionary Revocation of Visa Plans. Mr. Kuck said, “The issue really is the ability of agencies to operate without court oversight. This is a very dangerous situation for immigrants and gives immense power to the executive branch to revoke legitimate applications for ‘good and sufficient cause’ without any review. Bad actors, like President Trump, can use this to disadvantage legal immigrants.”