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Dear Readers,

Happy New Year! We’re thrilled to have you back with us at the NawLaw Report, where we keep you informed on the latest news in the U.S. immigration world and bring you updates and announcements from the firm. Let’s catch up on the recent policy changes and developments!

Biden Extends Time in U.S. for 800,000 Venezuelans, Salvadorans, etc., as Trump Readies Immigration Crackdown

The Department of Homeland Security announced an 18-month extension of Temporary Protected Status (TPS) for over 600,000 Venezuelans, 230,000 Salvadorans, 103,000 Ukrainians, and 1,900 Sudanese living in the U.S. This move offers temporary relief to individuals like José Palma, a Salvadoran immigrant who depends on TPS for legal work authorization and family stability. TPS provides short-term legal status to people from countries experiencing humanitarian crises, such as Venezuela’s political turmoil and El Salvador’s environmental disasters. Critics argue that TPS renewals become routine, reducing incentives to return home when conditions improve. The program, created in 1990, currently protects about 1 million people from 17 countries, though some nations, like Nepal and Nicaragua, face uncertain renewals. Activists like Felipe Díaz call for broader TPS coverage, as others, including Trump, push for scaling back the program to prioritize mass deportations.

D.H.S. Strengthens H-1B Program, Allowing U.S. Employers to More Quickly Fill Critical Jobs

The Department of Homeland Security (DHS) announced a final rule modernizing the H-1B visa program to enhance flexibility, streamline processes, and improve oversight, effective January 17, 2025. These updates will help U.S. businesses recruit highly skilled global talent to fill critical roles, bolster economic competitiveness, and support innovation while maintaining protections for U.S. workers. The rule broadens criteria for specialty occupation positions and expands exemptions for nonprofit and governmental research organizations from the annual visa cap. Key changes include improved application processing for previously approved H-1B workers, extended flexibility for F-1 students transitioning to H-1B status, and new eligibility rules for H-1B beneficiaries with controlling interests in their petitioning organizations. Program integrity is strengthened through enhanced USCIS authority for inspections, enforcement measures, and stricter employer requirements to demonstrate bona fide job positions. The rule also mandates a new edition of Form I-129 for H-1B petitions starting January 2025.

State Department Makes Changes to J-1 Visa Requirements

The Department of State has updated the Exchange Visitors Skills List, effective December 9, 2024, which determines whether "J" visa holders are subject to the two-year foreign residence requirement under Section 212(e) of the Immigration and Nationality Act (INA). This list designates countries that require specialized skills, helping ensure exchange visitors contribute expertise to their home countries before seeking U.S. visas. The revised list replaces the 2009 version, using criteria such as GDP per capita, country size, and migration rates to identify nations benefiting most from these skills. The skills remain unchanged, but country designations have been updated to align with U.S. foreign policy and global development goals. Exempt from Administrative Procedure Act requirements due to its foreign affairs function, the update avoids public debate that could harm international relations. The Exchange Visitor Program supports diplomacy by fostering global understanding and cooperation, as outlined in foundational legislation like the Fulbright-Hays Act. The Department plans to review and revise the list every three years.

H-2 Final Rule

The Department of Homeland Security's (DHS) new H-2 final rule enhances worker protections and revises regulations for the H-2A agricultural and H-2B nonagricultural programs. It strengthens prohibitions on charging workers prohibited fees, with stricter consequences for violations, including petition denial. Employers found guilty of certain labor or legal violations may face mandatory or discretionary petition denials, ensuring greater accountability. The rule also introduces whistleblower protections for H-2A and H-2B workers, similar to those provided to H-1B workers, and clarifies compliance requirements, including USCIS inspections and petition verification. New provisions allow eligible H-2 workers to begin new employment immediately upon filing a petition, removing delays tied to approval. Additionally, the rule eliminates the annual DHS list of eligible countries for H-2 programs and simplifies the maximum stay period by replacing "interrupted" stay provisions with a uniform 60-day absence to reset the 3-year limit. Effective January 17, 2025, a new Form I-129 will be required for all petitions under these revised regulations.

State Department Releases February 2025 Visa Bulletin

The February 2025 Visa Bulletin outlines the availability of immigrant visa numbers for various categories, including family-sponsored, employment-based, and diversity visas. The bulletin provides two charts: "Final Action Dates," which indicate when visas may be issued, and "Dates for Filing Applications," which specify when applicants should submit required documents. The annual limit for family-sponsored visas is 226,000, while employment-based visas have a worldwide minimum of 140,000. Per-country limits and oversubscription in certain areas, such as China, India, Mexico, and the Philippines, affect visa availability. Priority dates determine the processing order, and categories marked "C" indicate current status where all applicants can proceed regardless of priority date. Diversity visas are allocated to underrepresented regions, with the FY 2025 limit adjusted to approximately 52,000 due to legislative deductions.

Memorandum on Extending and Expanding Eligibility for Deferred Enforced Departure for Certain Hong Kong Residents

The United States is extending and expanding Deferred Enforced Departure (DED) for certain Hong Kong residents due to ongoing human rights violations by the People's Republic of China (PRC). The PRC's imposition of the National Security Law (NSL) in Hong Kong has significantly undermined freedoms, leading to politically motivated arrests and crackdowns on pro-democracy advocates. The extension will apply to Hong Kong residents currently in the U.S., deferring their removal for 24 months, except for those with specific disqualifications such as criminal convictions or national security concerns. Employment authorization will also be extended through February 2027 for those affected by prior DED grants. This action reinforces U.S. support for Hong Kong residents facing repression and aligns with the country's foreign policy goals of defending democracy and human rights. The Department of Homeland Security will manage employment authorization and the issuance of documents for those covered by the deferral. This memorandum will be published in the Federal Register.

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Exciting Events at NawLaw: Stay Informed and Engaged!

Neil at Michael Goldfine’s Holiday Party at Little More, NYC

Neil, Kim, and Kim's mom, Marcia, enjoying a magical evening at 'A Winter's Night: A Holiday Concert for Chorus and Brass' at The Church of the Holy Trinity ❄️🎶

Neil, Kim, and Kim’s mom, Marcia, enjoying a delightful time at the Tin Building, South Street Seaport

Neil Celebrating the Season at the Downtown Lawyers Associates Holiday Party at Jill Miller’s! 🎄🍸

Susan Taggart Visiting NawLaw!

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