On October 23, 2024, USCIS updated its Policy Manual to reflect the final rule on T nonimmigrant status for human trafficking victims, effective for applications filed after August 28, 2024. The guidance now supports a victim-centered, trauma-informed approach, expanding the “any credible evidence” standard for T visas. Key updates include clarifications on the bona fide determination process, exceptions for applicants who leave the U.S. after trafficking, and fee-free work authorization applications for pending T visa applicants.

The Biden-Harris administration announced that the Department of Labor’s Wage and Hour Division has recovered over $1 billion in back wages and damages for over 615,000 workers since January 20, 2021, focusing on low-wage sectors like healthcare and agriculture. Acting Secretary of Labor Julie Su stressed the importance of accountability to deter wage theft. Notable recoveries include over $1,000 for home health aide Joely Maniscalco and more than $2,000 for housekeeper Demetria Jones. The division also emphasizes outreach to prevent future labor violations.

On October 22, 2024, DHS conducted a removal flight for Indian nationals without legal U.S. status, reflecting cooperation with India to combat irregular migration and smuggling. Since June 2024, southwest border encounters have dropped by 55%, with DHS removing over 160,000 individuals on more than 495 flights. DHS emphasizes lawful pathways and warns against using smugglers, noting the highest removal numbers since FY2010.

USCIS clarified how it will consider expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. This guidance is effective immediately and is controlling and supersedes any related prior guidance.

USCIS now offers an online filing option for Forms I-765 (employment authorization) and I-912 (fee waiver requests). Eligible applicants can upload and submit these forms through their USCIS online account, streamlining the process and reducing the need for paper submissions. This update aims to speed up processing times and improve accessibility, particularly for low-income applicants. Paper submissions are still accepted for those who prefer traditional methods.

The U.S. Department of Homeland Security (DHS) has introduced temporary immigration protections for eligible Lebanese nationals, including Deferred Enforced Departure (DED) and a new Temporary Protected Status (TPS) designation for 18 months due to the conflict in Lebanon. Lebanese nationals residing in the U.S. since October 16, 2024, can apply for TPS, while those arriving after that date are ineligible. Eligible individuals under DED can apply for Employment Authorization Documents (EADs) valid until January 25, 2026. Additionally, F-1 students from Lebanon may request work authorization while studying. More details will be available in the Federal Register Notice.

A coalition of farm and business groups, along with the state of Mississippi, has sued the U.S. Department of Labor to block a rule expanding labor rights for H-2A workers. Filed in the U.S. District Court of Southern Mississippi, the lawsuit argues that the rule is unlawful. Plaintiffs include the International Fresh Produce Association, the American Farm Bureau Federation, and Mississippi. The rule, designed to enhance protections for H-2A workers, has already been delayed by a court injunction affecting several states.

On October 15, 2023, the U.S. Department of Homeland Security (DHS) conducted its second removal flight of Chinese nationals to the People’s Republic of China. This follows a similar flight in June, the first since 2018, signaling renewed cooperation with China on irregular migration. DHS has increased removals in FY2024 and aims to expand removal flights further. Secretary Alejandro Mayorkas urged migrants not to trust smugglers, highlighting the consequences of illegal entry. Since a June proclamation, Border Patrol encounters have dropped by over 55%.

On October 2, 2024, USCIS issued new guidance on EB-1 visa eligibility for individuals with extraordinary ability. The update allows team awards to qualify as lesser recognized prizes, considers past memberships under the membership criterion, and removes the requirement for published materials to show the value of an individual’s work. It also clarifies that non-artistic exhibitions can support comparable evidence claims, while only artistic exhibitions count under the regulatory definition. This guidance is effective immediately and replaces previous instructions.

The U.S. Embassy in New Delhi announced 250,000 additional visa appointments for Indian travelers, including tourist, skilled worker, and student visas, to expedite interviews and strengthen U.S.-India ties. In 2024, over 1.2 million Indians traveled to the U.S., a 35% increase from 2023. The Embassy processed over one million nonimmigrant visa applications for the second year.

The Diversity Immigrant Visa Program (DV-2026), run by the Department of State, offers up to 55,000 visas for Fiscal Year 2026 to individuals from countries with low U.S. immigration rates. There is no registration fee, but selectees must pay a visa application fee before their interview. Eligibility is strict, and selection is made through a random computer drawing. Visas are distributed across six geographic regions, with no country receiving more than 7%. Natives from countries with over 50,000 U.S. immigrants in the last five years are ineligible.

The Presidential Determination on Refugee Admissions for Fiscal Year 2025 sets a cap of up to 125,000 refugees, based on humanitarian or national interest. Regional allocations include 30,000-50,000 for Africa, 10,000-20,000 for East Asia, 2,000-3,000 for Europe and Central Asia, 35,000-50,000 for Latin America and the Caribbean, and 30,000-45,000 for the Near East and South Asia. Unused admissions can be reallocated between regions, and specific groups from countries like Cuba, Iraq, and Central America may receive special consideration.