Headlines:
Inauguration Eve: A Nation Holds Its Breath – What is going to truly occur and when, within the brief time period and over the long run? Solely time will inform. Dialogue and preparation on each side have been wide-ranging. This text summarizes choose highlights.
USCIS Updates Steering on EB-2 Nationwide Curiosity Waivers – U.S. Citizenship and Immigration Companies (USCIS) has up to date its coverage steerage to make clear how the company evaluates eligibility for the second desire employment-based class for petitions filed with a request for a nationwide curiosity waiver.
Submitting Procedures Up to date for Immigrant Petitions for Alien Employees – U.S. Citizenship and Immigration Companies introduced up to date procedures for submitting a Kind I-140, Immigrant Petition for Alien Employees, accompanied by a everlasting labor certification, software for Schedule A designation, or nationwide curiosity waiver request.
USCIS Extends and Expands DED for Sure Hong Kong Residents in the US – President Biden has prolonged Deferred Enforced Departure for eligible Hong Kong residents current in the US on January 15, 2025, for 2 years, via February 5, 2027, and has ordered associated prolonged work authorization for a similar interval.
Appeals Court docket Guidelines DACA Is Unlawful However Limits Ruling to Texas – The U.S. Court docket of Appeals for the Fifth Circuit affirmed the judgment of a district courtroom that the Deferred Motion for Childhood Arrivals program is against the law, however restricted the ruling to Texas.
Visa Bulletin for February Contains Particulars About March Expiration of EB-4 Non secular Employees (SR) Class – No SR visas could also be issued abroad, or last motion taken on adjustment of standing circumstances, after March 13, 2025.
Particulars:
Inauguration Eve: A Nation Holds Its Breath
President-elect Trump’s inauguration on January 20, 2025, is anticipated to usher in immigration-related actions of assorted varieties. What is going to truly occur and when, within the brief time period and over the long run? Solely time will inform. Dialogue and preparation on each side have been wide-ranging. In line with stories, highlights embody:
- Deportations. The incoming “border czar,” Tom Homan, has stated Chicago could possibly be an early goal for deportation operations, though later he appeared to stroll that again following leaks of the main points. Noting {that a} aim of the Trump administration is to create “shock and awe,” he additionally stated “there’s gonna be an enormous raid all throughout the nation. Chicago is only one of many locations.” Sources stated U.S. Immigration and Customs Enforcement has been placing brokers in place and has readied plans to conduct operations in main cities beginning shortly after inauguration. On January 18, Mr. Homan stated that the incoming administration “hasn’t decided but” about whether or not Chicago can be focused first and is “ this leak and can make resolution primarily based on this leak. It’s unlucky as a result of anybody leaking regulation enforcement operations places officers at larger threat.” President-elect Trump stated earlier this weekend that mass deportations would “start very early, in a short time,” including that “I can’t say which cities as a result of issues are evolving. And I don’t suppose we wish to say what metropolis. You’ll see it firsthand.” When it comes to precedence, he stated, “We’ve to get the criminals out of our nation. And I feel you’ll agree with that. I don’t understand how anybody couldn’t agree.” Sources have stated that “sanctuary” jurisdictions can be focused. Along with Chicago, New York Metropolis, San Francisco, Miami, and Los Angeles have been talked about.
In line with CNN, in a briefing with senior Republican lawmakers on Sunday afternoon (January 19), Stephen Miller, chosen by President-elect Trump to be his deputy chief of workers for coverage, confirmed “components of a long-planned, sweeping suite of immigration actions, together with Trump invoking a nationwide emergency on the border as a method to unlock funding from the Protection Division for the administration’s use.” CNN additionally reported that President-elect Trump will “direct his administration to maneuver to reinstate his first-term Migrant Safety Protocol coverage, which is extra generally known as ‘Stay in Mexico.’ Trump will act to reinstate a collection of his first-term immigration coverage directives and actions that President Joe Biden rescinded on his personal first day in workplace in 2021.”
It’s unclear when or how massive deportation operations will probably be or the place these slated for deportation will probably be taken. Additionally unclear is how a lot the operations will price and the way a lot authorized pushback will happen.
- Wild card: state/authorized actions. California and different states haven’t been passively awaiting the inauguration. California’s Governor Gavin Newsom and state Democrats, for instance, reached settlement on a $50 million deal to defend towards federal anti-immigrant efforts and detentions, and fund grants for nonprofits to assist with authorized points and immigrant assist. Associated payments would want to cross the California Meeting. “This funding settlement cements California’s readiness to function a bulwark towards Trump’s extremist agenda,” stated Scott Wiener, a state senator and funds chair from San Francisco. United Farm Employees officers warned of “rogue” brokers in California who seem like already participating in sweeps and arrests: “That is a part of a brand new political local weather of individuals in a few of these businesses feeling emboldened.” Reportedly, in Trump’s first time period, California spent at the least $41 million suing the Trump administration. Some commentators predict a backlash towards California from the Trump aspect on numerous fronts.
The New York Metropolis Comptroller’s Workplace launched a report, Defending New York Metropolis. Comptroller Brad Lander stated that the doable “mass deportation of a whole bunch of hundreds of New Yorkers” poses a “grave risk.” Comptroller Lander additionally led a roundtable of civic, enterprise, labor, non secular, and neighborhood leaders “to debate easy methods to finest put together to guard New York Metropolis and New Yorkers who could also be focused by the insurance policies of the incoming Trump Administration.”
Organizations just like the American Civil Liberties Union (ACLU) even have been engaged on authorized methods to combat mass deportations and defend immigrants. For instance, the ACLU stated it has plans to litigate towards new mass detention facilities and any erosions of due course of for these going through deportation in the US.
- H-1B visa feud. An intramural argument is occurring inside Trump circles and the Make America Nice Once more base associated to H-1B nonimmigrant visas. Elon Musk—a multi-billionaire CEO of Tesla and SpaceX who has been named “richest man on the planet” and helped bankroll the Trump marketing campaign—favors the H-1B visa as a method to herald world expertise. In line with one report, in 2024, “Tesla gained 742 new H-1B visas via the lottery, greater than double the 328 it secured in 2023. As well as, Tesla had one other 1,025 present H-1B visas prolonged in 2024.” Mr. Musk vowed to “go to conflict” with those that may attempt to block the visa program, noting that “The rationale I’m in America together with so many crucial individuals who constructed SpaceX, Tesla and a whole bunch of different corporations that made America sturdy is due to H-1B.” On the anti-H-1B aspect, Steve Bannon, who has stated the visas are a method for corporations to undercut U.S. employees, referred to as Mr. Musk a “toddler” and threatened him and different like-minded H-1B supporters that Mr. Bannon and allies would “rip your face off.” He additionally stated Musk is making an attempt to determine “techno-feudalism on a worldwide scale.” President-elect Trump has just lately appeared to lean in favor of the Musk aspect of the controversy, however it stays to be seen how this concern will play out.
- Worldwide college students. President-elect Trump has commented on worldwide college students: ” In case you graduate otherwise you get a doctorate diploma from a school, you need to be capable to keep on this nation.”
- Results on different industries. Results of anti-immigrant efforts may be felt within the development, medical, and hospitality industries, amongst others. President-elect Trump has commented that he has plenty of staff at his properties on visas.
- Journey bans and excessive vetting. Additionally underneath dialogue have been doable journey bans on sure teams, just like former President Trump’s Muslim journey ban throughout his first time period, and excessive vetting of visa candidates together with crackdowns on would-be immigrants making an attempt to cross into the US from Mexico.
- Momentary Protected Standing (TPS) and humanitarian parole rollbacks. In line with discussions, mass designations of TPS are prone to finish. The President additionally has authority to revoke humanitarian parole. Authorized challenges are anticipated if the Trump administration makes an attempt to revoke TPS earlier than it expires for designated nations.
- Results on “Dreamers.” Though the earlier Trump administration tried unsuccessfully to finish an earlier model of Deferred Motion for Childhood Arrivals (DACA), President-elect Trump stated extra just lately that he “will work with the Democrats on a plan” to guard Dreamers. He stated that DACA Dreamers “have been introduced into this nation…a few years in the past. A few of them are not younger folks. And in lots of circumstances, they’ve turn out to be profitable. They’ve nice jobs. In some circumstances they’ve small companies. Some circumstances they may have massive companies. And we’re going to need to do one thing with them.”
It’s inconceivable to overstate the complexity and uncertainty of the immigration state of affairs in the US as we speak, or to foretell outcomes. There are various extra issues and discussions afoot. Keep tuned.
USCIS Updates Steering on EB-2 Nationwide Curiosity Waivers
On January 15, 2025, U.S. Citizenship and Immigration Companies (USCIS) introduced that it has up to date its coverage steerage to make clear how the company evaluates eligibility for the second desire employment-based (EB-2) classification for immigrant petitions filed with a request for a nationwide curiosity waiver (NIW).
The brand new steerage explains that for superior diploma professionals looking for an NIW, USCIS considers whether or not the occupation during which the petitioner proposes to advance an endeavor is a occupation and, if relevant, whether or not the 5 years of post-bachelor’s expertise is within the specialty. The steerage additionally states that for individuals of outstanding skill looking for an NIW, the distinctive skill should relate to the endeavor proposed as a part of the NIW request. USCIS stated it determines the connection of outstanding skill to the proposed endeavor “on a case-by-case foundation, contemplating any shared skillsets, data, or experience.”
As well as, the brand new steerage—which builds on a earlier Coverage Guide replace that mentioned the distinctive issues for individuals with superior levels in science, know-how, engineering, and arithmetic fields and entrepreneurs—gives details about how USCIS evaluates whether or not a proposed endeavor has nationwide significance and explains how the company evaluates proof, corresponding to letters of assist and enterprise plans, when figuring out whether or not an individual is well-positioned to advance an endeavor.
This steerage, in Quantity 6, Half F, Chapter 5 of the Coverage Guide, applies to requests pending or filed on or after the publication date. The steerage is controlling and supersedes any associated prior steerage, USCIS stated.
Submitting Procedures Up to date for Immigrant Petitions for Alien Employees
On January 13, 2025, U.S. Citizenship and Immigration Companies (USCIS) introduced up to date procedures for submitting a Kind I-140, Immigrant Petition for Alien Employees, accompanied by a everlasting labor certification, software for Schedule A designation, or nationwide curiosity waiver (NIW) request.
The directions to Kind ETA-9089 state that solely a signed Closing Willpower have to be submitted with the Kind I-140 petition as proof of everlasting labor certification approval. USCIS famous that this “restricted requirement is as a result of, as part of this course of change, USCIS receives many of the details about the everlasting labor certification straight from DOL underneath a knowledge sharing settlement.”
USCIS stated that employers whose labor certifications have been processed within the FLAG system should embody a printed copy of the digital Closing Willpower with their Kind I-140, and USCIS “will take into account this printed copy as an unique, authorised labor certification.” The Closing Willpower “have to be accomplished and electronically signed by DOL, and have to be signed by the overseas employee, employer, and the employer’s legal professional or agent, if relevant.” As well as, Kind I-140 petitions for Schedule A occupations “should include a accomplished, uncertified Kind ETA-9089, together with all relevant appendices, a signed Closing Willpower, and a legitimate prevailing wage dedication monitoring quantity in Part E, Merchandise 1 of the Kind ETA-9089.” Lastly, a Kind I-140 petition with an NIW request “should include a duplicate of the Kind ETA-9089, Appendix A, and a signed Closing Willpower,” USCIS stated.
USCIS Extends and Expands DED for Sure Hong Kong Residents in the US
President Biden has prolonged Deferred Enforced Departure (DED) for eligible Hong Kong residents current in the US on January 15, 2025, for 2 years, via February 5, 2027, and has ordered associated prolonged work authorization for a similar interval.
In a memorandum, President Biden stated there are “compelling overseas coverage causes” to increase DED for an extra interval for these residents of Hong Kong presently residing in the US who have been underneath a grant of DED till February 5, 2025, in addition to to defer enforced departure for different Hong Kong residents who arrived in the US after the preliminary grant of DED.
The order additionally directs the Secretary of Homeland Safety to “take into account suspending regulatory necessities with respect to F-1 nonimmigrant college students who’re Hong Kong residents.”
Appeals Court docket Guidelines DACA Is Unlawful However Limits Ruling to Texas
On January 17, 2025, the U.S. Court docket of Appeals for the Fifth Circuit largely affirmed the judgment of a district courtroom that the Deferred Motion for Childhood Arrivals (DACA) program is against the law, however restricted the ruling to Texas.
Beforehand, in 2022, the Fifth Circuit affirmed partially and remanded as a result of the Division of Homeland Safety (DHS) had cured a procedural defect within the DACA program by promulgating a last rule. A brand new enchantment addressed that last rule. The district courtroom discovered that Texas nonetheless had standing to problem DACA and held that the ultimate rule was substantively illegal. The courtroom accordingly vacated the rule, entered a nationwide injunction, and preserved the keep.
The Fifth Circuit stated it largely agreed with the district courtroom and thus affirmed its judgment, though it modified the remedial order. Amongst different issues, the Fifth Circuit additionally restricted the injunction to Texas and maintained the keep pending additional enchantment.
Visa Bulletin for February Contains Particulars About March Expiration of EB-4 Non secular Employees (SR) Class
The Division of State’s Visa Bulletin for February 2025 contains details about the expiration of the EB-4 Non secular Employees (SR) visa class, amongst different developments.
In line with the bulletin, no SR visas could also be issued abroad, or last motion taken on adjustment of standing circumstances, after March 13, 2025. Visas issued earlier than 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 into the US by March 13, 2025.
