Immigration News

Policy Alert on Adjustment of Status
The USCIS has updated policy on adjustment of status for victims of severe human trafficking (T nonimmigrants), clarifying eligibility, documentation, and requirements. The guidance supersedes prior rules and includes new definitions and exceptions.

Guidance on Determining Custody of Children
The USCIS has updated its Policy Manual to clarify custody requirements for children acquiring U.S. citizenship under INA sections 320 and 322, including guidance on legal and physical custody, retroactive corrections, and derivation of citizenship under former INA section 321.

Guidance on Lawful Admission for Naturalization
The USCIS has updated its Policy Manual to clarify that a naturalization applicant’s requirement to prove lawful admission for permanent residence applies only to their initial admission or adjustment to LPR status. Subsequent reentries to the U.S. do not require the same demonstration of lawful admission

U.S. Sets New Record with 1.1 M International Students
The United States remains a top destination for international students, hosting over 1.1 million during the 2023-2024 academic year—a record-breaking figure and a 7% increase from the previous year. According to a report by the Institute of International Education (IIE), India has surpassed China as the leading country of origin for international students, marking the first time this has occurred since 2009.

DHS to Supplement H-2B Cap
DHS, in consultation with DOL, announced that it expects to make an additional 64,716 H-2B temporary nonagricultural worker visas available for FY2025, on top of the congressionally mandated 66,000 H-2B visas that are available each fiscal year.

Revises Policy on Lawful Admission for Naturalization
USCIS has issued updated policy guidance clarifying that naturalization applicants need only demonstrate lawful admission for permanent residence at their initial entry or adjustment of status, not for subsequent reentries, in line with a recent Fourth Circuit ruling.

Visa Bulletin for December 2024
DOS posted the December 2024 visa bulletin, including final action dates, dates for filing, and updates on the DV program and SIVs. USCIS determined that for December 2024, applicants in all family-sponsored and employment-based preference categories must use the Dates for Filing charts. However, the December Visa Bulletin shows no advancement for either family-based or employment-based categories.

Medical Examination Documentation Validity for Afghans
USCIS has updated its guidance in the USCIS Policy Manual, Volume 8, Part B, Chapter 3 to reflect the indefinite validity of immigration medical examination documentation for certain Afghan nationals who arrived in the United States during Operation Allies.
Prized H-1B Worker Visas Threatened
High-skilled foreign workers seeking H-1B visas and employment-based green cards may face new challenges under Donald Trump’s second term, as he pledges tighter immigration policies. This could mean more delays and stricter requirements, especially for international graduates in tech and engineering. Critics, like David Bier of the Cato Institute, expect a more cumbersome process, reflecting the previous administration’s approach. While the H-1B lottery has been updated, further changes, including a narrower “specialty occupation” definition, are still pending. Advocates hope these rules will advance, but uncertainty remains.
Judge rules Biden immigration program for spouses of U.S. citizens illegal
A federal judge has struck down the Biden administration’s Keeping Families Together program, which aimed to grant legal status and a path to citizenship for unauthorized immigrants married to U.S. citizens. Judge J. Campbell Barker ruled the program violated immigration law, siding with Texas and other Republican-led states. The program, meant to support family unity, would have provided work permits and deportation protections, allowing eligible immigrants to apply for green cards without leaving the U.S. The White House expressed disappointment, while the Justice Department may appeal amid expected opposition from the incoming Trump administration.
US Department of Labor recovers $877K in wages
The U.S. Department of Labor recovered $877,834 in wages and benefits for 36 employees underpaid by three Long Island contractors on two HUD-funded projects in NYC. NYC’s Department of Housing Preservation and Development found Davis-Bacon Act violations, including misclassification and unpaid wages. Each contractor has now agreed to comply with wage laws. The Wage and Hour Division will offer free wage compliance seminars for federal contractors in 2024 and 2025.
DHS Notice on Eligible Countries for H-2A and H-2B Programs
The Department of State (DHS) has released a notice listing foreign countries eligible for participation in the H-2A and H-2B nonimmigrant worker programs, effective from November 7, 2024, through November 8, 2025.