United States Citizenship and Immigration Services (“USCIS”) announced all offices will be closed on Thursday, January 9, 2025 in observance of the National Day of Mourning to honor the life and legacy of James Earl Carter Jr., the 39th president of the United States President, as designated by President Biden. As a result of the closure, appointments, interviews, and naturalization ceremonies previously scheduled for that day will be rescheduled, and those affected will be notified promptly.
Read moreUSCIS Offices Closed January 9, 2025
DHS Publishes H-1B Modernization Final Rule to Improve Program Integrity and Efficiency
On December 18, 2024, the Department of Homeland Security (“DHS”) published a Final rule in the Federal Register modernizing and increasing the efficiency of the H-1B program, adding benefits and flexibilities, and improving integrity measures. This rule will become effective January 17, 2025.
The final rule imposes changes to the H-1B program and codifies a number of existing rules. We must point out that the final rule is quite lengthy; therefore, our summary does not cover all of the changes. We have outlined a few of the most notable updates and changes below which we feel may be of most interest to our community.
Read moreThe New York Times: “Colleges Warn Foreign Students to Get to Campus Before Trump Takes Office”
Ahead of President Trump’s upcoming inauguration on January 20, 2025, some universities, including Harvard, USC, and Cornell are advising their international student body to prepare to return to campus from their winter breaks before Trump is sworn in to office. The warnings are a result of Trump’s expressed desire to reimpose a travel ban previously instituted during his first term as President and ended by President Biden when he took office.
Read moreState Department Easing the Issuance of Waivers for Nonimmigrant Visas for US College Graduates
On July 15, 2024, the U.S. Department of State (“DOS”) announced updates to more efficiently process employment-based nonimmigrant waivers for certain foreign nationals. In an effort to ease the process of obtaining a waiver of a ground of inadmissibility for foreign nationals who have graduated from colleges and universities in the US, have a job offer, and are applying for employment-based nonimmigrant visas, DOS streamlined its guidance in the Foreign Affairs Manual (“FAM”).
Read moreParole in Place to Promote the Unity & Stability of Families Set to Begin August 19, 2024
On July 17, 2024, United States Citizenship and Immigration Services (“USCIS”) announced that undocumented spouses and children of US citizens who are eligible to apply for legal status and a pathway to citizenship through the parole in place process may submit applications starting August 19, 2024. Additional details about eligibility and the application process will be published in a “forthcoming Federal Register notice.”
Read moreBiden Unveils Relief Program for Undocumented Spouses and Children of US Citizens and Dreamers
On June 18, 2024, President Biden formally announced an immigration program that will afford legal status and a pathway to citizenship to undocumented spouses and children of US citizens who have been living in the US for at least ten years as well as ease the transition to employment-based nonimmigrant status for Dreamers with a US degree and a job offer.
Read moreUndocumented Spouses of U.S. Citizens to be Afforded Legal Protections
President Biden is expected to announce new policy today which will grant undocumented spouses of US citizens a pathway to citizenship, protecting certain individuals from deportation, and providing work permits. Officials briefed on the conversations said it could affect up to 500,000 undocumented spouses. We will update as news develops.
Presidential Proclamation Suspending Entry to Persons Enabling Corruption
On December 11, 2023, President Biden issued a presidential proclamation which prohibits noncitizens found to enable or facilitate corruption from entering the United States. The visa restrictions are part of the Biden administration's anti-corruption initiative, as detailed in the proclamation and fact sheet. The proclamation grants the Secretary of State legal authority to identify individuals "who have enabled, facilitated, or otherwise been involved in significant corruption, including laundered proceeds or obstructed judicial or investigative processes, among other acts," as well as their immediate families, and act accordingly. Additionally, the Secretary of State may exempt any individual if their potential entry may be in the interest of the US. Notably, green-card holders and individuals with humanitarian immigration protections such as asylum and refugee status will not be affected by any visa restrictions.
Read moreRecent Ruling puts DACA in Jeopardy (Again)
On September 13, 2023, the US District Court for the Southern District of Texas ruled that the Biden Administration’s codification of the Deferred Action for Childhood Arrivals (“DACA”) is not legal. The ruling does not prevent DACA beneficiaries enrolled in the program prior to July 16, 2021, to renew their status. United States Citizenship and Immigration Services (“USCIS”) will also continue to accept new applications from first-time, would-be DACA recipients; However, they will not process any new applications.
Read more