Headlines:
March Visa Bulletin Broadcasts Retrogression of EB-4 Class, Non secular Employees Expiration – The bulletin proclaims retrogression of the ultimate motion date within the EB-4/SR classes.
OFLC Broadcasts Deletion of Older Information in FLAG System – Information greater than 5 years outdated will probably be deleted from the Overseas Labor Entry Gateway System starting on March 20, 2025.
DOS Releases Employer Steerage on I-9 Reverification Course of for Venezuelan TPS Beneficiaries – The Division of Homeland Safety launched steerage for employers on finishing the Kind I-9 work authorization verification kind for Venezuelan TPS beneficiaries.
DOS Requests Public Feedback on Passport Utility Modifications; Lawsuit Filed – The Division of State up to date the appliance kind to interchange “gender” with “intercourse” and to request the applicant’s “organic intercourse at beginning, male ‘M’ or feminine ‘F’.” A lawsuit difficult a associated govt order (EO) and the passport modifications argues that the EO is “transparently illegal and unconstitutional.”
EOIR Points ‘Core Coverage Values’ Memo – The memo states that extra steerage on the values of its “core mission” of “integrity, impartiality, and the decisional independence of its adjudicators” will probably be forthcoming and consists of numerous admonishments towards how the EOIR was managed earlier than the present administration.
EOIR Rescinds 2021 Memo, Resetting Default Submitting Deadline in Non-Detained Circumstances to 30 Days Earlier than Calendar Listening to – The Govt Workplace for Immigration Assessment rescinded a 2021 memorandum that set a default submitting deadline in non-detained circumstances of 15 days earlier than particular person calendar hearings.
Particulars:
March Visa Bulletin Broadcasts Retrogression of EB-4 Class, Non secular Employees Expiration
The Division of State’s Visa Workplace has launched the Visa Bulletin for March 2025. Amongst different issues, the bulletin proclaims retrogression of the ultimate motion date within the EB-4/SR classes, and warns that it might be essential to make them “Unavailable” in “the approaching months, probably as quickly as April. If the classes turn into “Unavailable,” EB-4/SR visa numbers will probably be obtainable on October 1, 2025, with the beginning of fiscal 12 months 2026, the bulletin states.
The bulletin additionally notes the March 14, 2025, expiration date for the employment fourth desire “Sure Non secular Employees” (SR) class. “No SR visas could also be issued abroad, or ultimate motion taken on adjustment of standing circumstances, after midnight March 13, 2025. Visas issued previous to that date will probably be legitimate solely till March 13, 2025, and all people looking for admission within the non-minister particular immigrant class have to be admitted (repeat, admitted) into the US no later than midnight March 13, 2025,” the bulletin states.
The bulletin additionally lists, amongst different issues, the variety visa class rank cut-offs that can apply in March and April.
OFLC Broadcasts Deletion of Older Information in FLAG System
On February 14, 2025, the Division of Labor’s Workplace of Overseas Labor Certification (OFLC) introduced that data greater than 5 years outdated will probably be deleted from the Overseas Labor Entry Gateway (FLAG) System starting on March 20, 2025.
OFLC defined that deletions of eligible case data will probably be based mostly on the ultimate dedication date recorded within the FLAG System for every case. For instance, circumstances with a ultimate dedication date of March 21, 2020, will probably be deleted on March 21, 2025. OFLC advises stakeholders to obtain earlier than the deadline any data they want to retain which are older than 5 years from the dedication date.
OFLC mentioned the next applications will probably be affected by this implementation:
- Prevailing Wage Determinations (PWD)
- Everlasting Labor Certification Purposes (PERM)
- Momentary Labor Certification Purposes (H-2A, H-2B, CW-1 visas)
- Momentary Labor Situation Purposes (H-1B, H-1B1, and E-3 visas)
DOS Releases Employer Steerage on I-9 Reverification Course of for Venezuelan TPS Beneficiaries
On February 5, 2025, the Division of Homeland Safety launched steerage for employers on finishing the Kind I-9 work authorization verification kind for Venezuelan TPS beneficiaries.
The discover explains that employment authorization paperwork (EADs) with a Class Code of A12 or C19 and a Card Expires date of March 10, 2024, or September 9, 2022, related to the 2021 TPS designation of Venezuela expire on March 10, 2025. “Employers should reverify 2021 TPS Venezuela beneficiaries who introduced these EADs earlier than they begin work on March 11, 2025. Beneficiaries of the 2023 TPS Venezuela designation who introduced an EAD with a Class Code of A12 or C19 and an expiration date of April 2, 2025, have to be reverified earlier than they begin work on April 3, 2025,” the discover states.
DHS famous that it terminated the 2023 designation of Venezuela for short-term protected standing (TPS). TPS and associated advantages related to the 2023 designation will finish on April 7, 2025. That termination doesn’t apply to the 2021 designation of Venezuela for TPS, which stays in impact till September 10, 2025.
DOS Requests Public Feedback on Passport Utility Modifications; Lawsuit Filed
On February 14, 2025, the Division of State (DOS) revealed a 30-day discover requesting public feedback till March 17, 2025, on modifications to the Utility for a U.S. Passport (Kind DS-11). Amongst different issues, to adjust to Govt Order (EO) 14168, DOS up to date the shape to interchange the time period “gender” with “intercourse” and to request the applicant’s “organic intercourse at beginning, male ‘M’ or feminine ‘F’.”
DOS mentioned it additionally made “plain language modifications” and revised the Acts or Situations assertion on the shape so as to add an applicant assertion “affirming that she or he will not be required to register as a intercourse offender.”
On February 11, 2025, DOS mentioned the company “will not problem U.S. passports or Consular Reviews of Delivery Overseas (CRBAs) with an X marker. We are going to solely problem passports with an M or F intercourse marker that match the client’s organic intercourse at beginning.” Passports with “X” for an individual’s gender (intercourse) will stay legitimate till expiration.
On February 7, 2025, a lawsuit was filed in U.S. District Courtroom in Massachusetts by seven individuals difficult the chief order and the passport modifications. The grievance argues that the EO is “transparently illegal and unconstitutional. It is also unmoored from scientific and medical actuality: Transgender individuals, intersex individuals, and individuals who don’t establish as both (or completely) male or feminine exist.” Plaintiffs search a declaration that the passport coverage and the EO as utilized to passports are unconstitutional, a declaration that the passport coverage violates the Administrative Process Act, and a everlasting injunction. “Declaratory and injunctive aid are wanted to treatment the numerous constitutional and statutory violations the Passport Coverage inflicts. Aid is required on a class-wide foundation to forestall class-wide hurt to the tons of of hundreds, if not hundreds of thousands, of transgender, nonbinary, and intersex individuals in the US who want a passport they will use with out struggling hurt,” the grievance states.
EOIR Points ‘Core Coverage Values’ Memo
On January 27, 2025, the Division of Justice’s Govt Workplace for Immigration Assessment (EOIR) issued a memorandum, EOIR’s Core Coverage Values. The memo states that extra steerage on the values of its “core mission” of “integrity, impartiality, and the decisional independence of its adjudicators” will probably be forthcoming however that EOIR’s “major policy-formulating precept going ahead will probably be to revive these values because the pillars of all of its actions.”
The memo consists of numerous admonishments towards how the EOIR was managed earlier than the present administration and advises that EOIR staff “shouldn’t learn insurance policies obtusely or ridiculously, and all insurance policies must be learn with a modicum of widespread sense,” amongst different issues.
The memo additionally states that “EOIR has reconstructed the Coverage Handbook because it was in impact as of January 2021 and can replace it, as applicable, as soon as it’s obtainable on-line. To that time, the insurance policies contained within the Coverage Handbook as of January 2021 are re-established as EOIR insurance policies.”
A checklist of EOIR memoranda is accessible on EOIR’s web site.
EOIR Rescinds 2021 Memo, Resetting Default Submitting Deadline in Non-Detained Circumstances to 30 Days Earlier than Calendar Listening to
On February 14, 2025, the Division of Justice’s Govt Workplace for Immigration Assessment rescinded a 2021 memorandum that set a default submitting deadline in non-detained circumstances of 15 days earlier than particular person calendar hearings. The rescission returns the default submitting deadline in such circumstances to 30 days.
