Fifth Circuit Finds DACA Illegal; Limits Ruling to Texas

The fifth circuit court found the Biden administration's proposed DACA program is not legal. However, at this time they are suspending their finding, pending additional fifth circuit or Supreme Court findings. For now, renewals are allowed to continue

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EB-2 and National Interest Waiver Petitions Guidance Update

USCIS announced updates to their guidelines when considering an EB-2 petition along with a National Interest Waiver. The update specifies how USCIS evaluates eligibility for the EB-2 visa and how proof of NIW is reviewed.

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Employers Urged to Prepare for Immigration Changes Under Trump Administration

Employers are being urged to prepare for several potential changes for employment-based immigration, including an increase in processing time, higher scrutiny, restrictions on employment-based visas, more RFEs, and an increase in worksite inspections.

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Supreme Court Remands Green Card Case Due to Change in Deference Standard

The U.S. Supreme Court returned a matter to the lower court to reconsider without limitations from the deference standard. The challenge specifically addressed if noncitizens already in the U.S. must meet the same standard as new applicants for a green card as a protection to removal.

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Temporary Protected Status Extended for Four Countries

DHS announce the temporary protected status extension of 18 months for El Salvador, Sudan, Ukraine, and Venezuela. The extension is offered to those eligible to reregister for the current program with continued eligibility.

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USCIS Updates Guidance on Extraordinary Ability Visa

USCIS announced updates to their guidance regarding O-1 Nonimmigrant Visa for Individuals with Extraordinary Ability or Achievement. The update provides several areas of clarification regarding requirements and evidentiary criteria.

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Judge Calls on End to Precedent to Extend Asylum Seekers’ Time in the Country

A judge from the ninth circuit court cites a 20-year precedent as a potential flaw in the system that asylum seekers can leverage in order to extend their time in the United States. He calls for an end to that precedent to stop the practice.

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Naturalization Test Redesign Effort Terminated

USCIS announced efforts to update the U.S. naturalization test have been stopped. Announced in 2022, comments were predominantly negative, stating the updated test created unnecessary hurdle for applicants. The 2008 naturalization test will continue to be used for now.

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Trump States Support for H-1B Program, Amid Supporter Debate

Trump recently stated he supports the H-1B program however in his previous administration, several efforts were undertaken to limit the program. Currently, supporters of Mr. Trump are starkly divided with the debate continuing.

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Immigration Backlog May Slow Mass Deportation Program

President-elect Trump promised a mass deportation program during his campaign. Funding and detention space are two roadblocks, as well as the continued high backlog in U.S. immigration cases which will only be made worse with the increase in cases.

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Biden Urged to Extend Temporary Protected Status

President Biden is being urged to enact protections to the Temporary Protected Status program, prior to the Trump inauguration. In his previous administration, Trump took action to severely limit the program.

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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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