Border Czar Identifies Plans and Needs for Mass Deportation Program

President-elect Trump's Border Czar, Tom Homan, stated mass deportation plans are ongoing and will be ready on inauguration day, January 20, 2025. Additional funding from Congress, military members, and ICE officials are needed in order to execute the plan.

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DHS Updates Asylum Processing Giving Officers Quicker Decision Making

DHS confirmed a final rule giving asylum officers the authority to determine if individuals applying for asylum at the border are barred due to national security or public safety concerns. The same standard apply. The new rule solely moves up the decision making process to streamline potential removal orders later.

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Formal Recommendations Issued to Address Family-Based Petition Procedures

The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) issued a formal recommendation addressing areas of improvement for processing Form I-130, Petition for Alien Relative to address handing of family-based petition submissions.

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DHS Finalizes H-1B Overhaul

The Department of Homeland Security confirmed the H-1B program final rule is published in the Federal Register, effective January 17, 2025. Among the updates are deference to previous approvals, tightening eligibility requirements, updates to site visits, and more.

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Balance of H-1B Modernization Rule Under Review

The White House is completing the final step for the H-1B modernization program introduced in October 2023. The first half of the program was finalized. In this the second and final half of the proposed program, deferral requirements, the cap-gap, and education requirements are under consideration.

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Supreme Court Confirms No Judicial Review for Revoked Visas

The Supreme Court affirmed a lower court's finding that challenges to revoked visas cannot be heard in federal courts. This finding limits individuals options when a visa is revoked. Some are concerned with the timing of this ruling with the upcoming inauguration of President-elect Trump

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January 2025 Visa Bulletin, Modest Advancement in EB-2 and EB-3 Categories

The January 2025 Visa Bulletin shows modest advancement in the EB-2 and EB-3 categories, with minor advancement for select countries in the family-based categories. Take action as soon as eligible to leverage current immigration policy.

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Exchange Visitor Visa, J-1, Residency Requirements Updated

U.S. Department of State announced changes to the residency requirement for J-1 Exchange Visitor visas from 34 countries. Qualifying individuals from these select countries are no longer bound by the two-year residency requirement.

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Qualifying Employment Authorization Document Renewal Extension Period Now Permanent

DHS announced the permanent extension of validity for timely filed renewals of employment authorization documents. The extension period is moved from up to 180 days to up to 540 days after the expiration date on the EAD.

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Act Now to Prepare for Family-Based Immigration Changes

With the upcoming U.S. presidential inauguration, changes to family-based immigration are anticipated. The time to act is now to leverage current U.S. immigration policy for current green card holders and those hoping to file petitions for family members.

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USCIS Expands I-485 Requirements to Include Medical Exam, Immunizations

USCIS announced all Form I-485, Application to Register Permanent Residence or Adjust Status, submissions must include Form I-693, Report of Immigration Medical Examination and Vaccination Report. This is in response to the number of Request for Evidence issuance when adjudicating the Adjustment of Status.

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International Students, Staff Urged to Return to U.S. Universities Prior to Trump Inauguration

Several U.S. universities are suggesting international students return to campus prior to President-elect Trump's inauguration due to uncertainty around potential changes to U.S. immigration, travel bans, and potential policy changes Mr. Trump has promised to implement on his first day in office.

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DHS Affirms Lebanon Temporary Protected Status

DHS posted an update to the Federal Register for Lebanon Temporary Protected Status. Registration for the program runs from November 27, 2024 through May 27, 2026. The program offers 18 months TPS status and offers qualifying students with an F-1 nonimmigrant student visa benefits as well.

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H-1B Spousal Work Permit Challenge Stopped

The group challenging H-1B spousal work permits asked the full DC Circuit Court to reconsider their earlier finding that upheld the program, which the DC Circuit Court denied, citing precedence that affirms their three-judge panel finding.

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State Immigration Powers May See Support Under Trump Nominee

President-elect Trump's nominee for Attorney General, Pam Biondi, has supported state immigration enforcement laws in her previous roles, making it seemingly likely if confirmed, she will not continue the current legal challenges to these laws supported by the Biden administration.

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The Future of H4 EAD: Potential Elimination Under Second Trump Term

As we head towards a second Trump term, coupled with Republican control of both chambers of Congress, it is more likely than ever before that the government will pass sweeping immigration reform, which could include the elimination of work authorization for certain H4 EAD for spouses

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Trump Confirms Use of U.S. Military for Mass Deportation Program

President-elect Trump confirmed the use of military resources to complete mass deportation of undocumented individual in the United States. Mr. Trump has stated he will take action his first day in office which will be January 20, 2025.

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USCIS Issues Updated Guidelines on Child Custody for U.S. Citizenship Eligibility

USCIS announced updates to guidance for children of U.S. citizens as it relates to custody determination when pursuing naturalization. The updated guidelines are effective immediately and apply to all applications pending on or after November 19, 2024.

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President-elect Trump Appointments to Lead U.S. Immigration Policy

Recent President-elect Trump appointments include the Border Czar, Thomas Homan, and Deputy Chief of Staff for Policy, Stephen Miller. Both men served in Trump's previous presidency as key architects of his U.S. immigration policy. These roles do not require Congressional approval.

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Biden’s Options To Strengthen U.S. Immigration Policy

Before the end of his Presidential term, the Biden administration has an opportunity to strengthen U.S. immigration policy. Among the options are finalizing proposed rules prior to leaving office. Among them, is the cap gap, and making permanent the extension of work authorization for renewals.

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