Visa Lawyer Blog

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engineer-4922781_1280On January 15, 2025, the U.S. Citizenship and Immigration Services (USCIS) released updated police guidance for EB-2 National Interest Waiver petitions.

The updated policy guidance is effective immediately and applies to requests pending or filed on or after its publication date of January 15.

This guidance provides insights into how USCIS officials will determine eligibility for NIW petitions for employment-based immigrants, who are seeking a waiver of the job offer requirement, and thus labor certification.

Updated Policy Highlights

  • Clarifies that a petitioner seeking a national interest waiver must first demonstrate qualification for the underlying EB-2 classification, as either a member of the professions holding an advanced degree, or an individual of exceptional ability in the sciences, arts, or business.
  • Explains that USCIS considers on a case-by-case basis whether the occupation in which the person proposes to advance an endeavor is a profession and, if applicable, whether the 5 years of post-baccalaureate experience is in the specialty, noting that it is the petitioner’s burden to establish each element of eligibility.
  • Clarifies that USCIS determines the relationship between exceptional ability and the proposed endeavor on a case-by-case basis, considering any shared skillsets, knowledge, or expertise.
  • Provides additional guidance, with examples, about how USCIS evaluates whether a proposed endeavor has national importance.
  • Explains how USCIS evaluates evidence such as letters of support and business plans, when determining whether a person is well positioned to advance an endeavor.
  • Clarifies, with examples, that not every entrepreneur qualifies for a national interest waiver. While USCIS decides each case on its merits, broad assertions regarding general benefits to the economy and potential to create jobs will not establish an entrepreneur’s qualification for a national interest waiver.
  • Explains that, as with all adjudications, USCIS evaluates all of the evidence in the aggregate, and that the list of suggested evidence for entrepreneurs is not intended to suggest that any one piece, by itself, necessarily establishes eligibility. USCIS reviews all of the person’s education, experience, and skills and the benefit to the national interest when determining eligibility.

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passport-159592_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the February 2025 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will use the Filing Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of February.

For family-sponsored preference categories, USCIS will use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of February.

Please click here for more information.

Highlights of the February 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of February?

Employment-Based Categories

Dates for Filing

  • No change from previous month 

Final Action Advancements

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by two weeks to October 15, 2012

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by two weeks to December 15, 2012
  • EB-3 China will advance by one month to July 1, 2020

EB-3 Other Workers

  • EB-3 India will advance by two weeks to December 15, 2012

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ukraine-7071043_1280We are pleased to report that the Department of Homeland Security recently announced that it will be extending Ukraine’s designation for Temporary Protected Status (TPS), for an 18-month period, from April 20, 2025, through October 19, 2026.

The extension was made based on the Secretary of Homeland Security’s assessment that Ukraine faces challenges that warrant ongoing humanitarian assistance based on the armed conflict and conditions preventing Ukrainian nationals from safely returning to their home country.

DHS estimates that Ukraine’s extension of TPS will allow approximately 103,700 current beneficiaries to re-register for TPS if they continue to meet the eligibility requirements.

TPS for Ukraine Informational Workshop

If you are in the San Diego area, the Law Offices of Jacob J. Sapochnick will be hosting an informational workshop about TPS benefits for Ukrainian nationals. We would be happy if you would join us.

When: Wednesday January 15, 2025 at 4 pm

Where: Mission Valley Library, Community Room

2123 Fenton Parkway San Diego, California

Who qualifies for TPS under Ukraine’s Designation?

You may be eligible to apply for TPS under Ukraine’s designation if you have continuously resided in the United States since at least August 16, 2023, and have remained continuously physically present in the United States since that date.

DHS reminds the public that TPS applications undergo rigorous national security and public safety vetting. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution. Individuals are barred from receiving TPS if they have been convicted of any felony or two misdemeanors.

Re-registration for current TPS recipients

Current beneficiaries under TPS must re-register during the 60-day re-registration period which will soon be announced on Ukraine’s TPS webpage. Qualifying beneficiaries who re-register and continue to meet the TPS eligibility requirements will be able to retain their TPS benefits and employment authorization.

Re-registration is limited to individuals who previously registered for and were granted TPS under Ukraine’s initial designation. This population includes nationals of Ukraine (and individuals without nationality who last resided in Ukraine) who have been continuously residing in the United States since at least August 16, 2023, with or without lawful immigration status.

DHS recognizes that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires and is automatically extending work permits for 12 months, the validity of EADs previously issued under Ukraine’s TPS designation.

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donald-trump-2789735_1280We are just 14 days away from Donald Trump’s presidential inauguration, setting the stage for a new era in the world of immigration.

The President’s border czar Tom Homan is set to be one of the key players of the incoming Trump administration, in charge of securing our nation’s borders. Homan was the former acting director of Immigration and Customs Enforcement (ICE) during the first Trump administration, and was a key contributor of Project 2025, a conservative political agenda.

On Sunday night, Tom Homan appeared on CBS News’s, “Face the Nation” where he was asked about his plans to carry out the largest deportation operation in history, during a time when deportations have already been at a record high under President Biden.

Homan responded by criticizing the Biden administration’s deportation record, stating that 80 percent of the deportation numbers were from Border Patrol arrests, and not interior enforcement arrests carried out by Immigration and Customs Enforcement (ICE).

When asked whether Trump’s deportation numbers would come from arresting and deporting people within the interior of the United States versus securing the southern border, Homan deflected instead focusing on Biden’s dismal track record on border security.

He was further questioned about the Trump administration’s deportation plans on day one, including whether ICE plans to conduct workplace raids across the nation to remove undocumented immigrants from the country.

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ai-generated-8775948_1280Last month, San Diego’s Board of Supervisors passed a resolution ending the use of county resources aiding federal immigration enforcement actions.

The measure was made ahead of President Trump’s inauguration and puts an end to the cooperation between law enforcement agencies and Immigration and Customs Enforcement (ICE). Previously, local law enforcement agencies cooperated with ICE officials by facilitating the transfer of detainees to ICE custody and notifying ICE of their release from custody to aid in their removal from the United States.

In response to San Diego’s actions, the America First Legal Foundation (founded by Trump advisor Stephen Miller) issued a letter to 249 elected officials including the Chair of San Diego’s Board of Supervisors, Nora Vargas. In the letter, the organization warned Vargas that she could be subject to criminal prosecution and civil liability for what the organization considered to be “obstruction” of federal immigration law.

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54160491284_b32055f6df_oAfter years of criticizing the H-1B work visa program, benefitting highly skilled foreign talent, on Saturday the President-elect shocked the world when he pledged his support for the program.

In an interview with the New York Post, Trump said, “I’ve always liked the visas, I have always been in favor of the visas. That’s why we have them,” referring to the H-1B program, which allows U.S. companies to hire foreign workers in specialty occupations.

The President elect went on to say, “I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great program.”

These comments are a sudden change from Trump’s usual hardline stance on H-1B visas. During his first term in office, Trump passed an executive action known as “Buy American and Hire American,” which restricted access to H-1B visas.

His administration was also responsible for a dramatic increase in the issuance of Requests for Evidence, as well as denials of H-1B worker petitions—a record high when compared to previous administrations.

Since speaking with the media, Trump allies Elon Musk and Vivek Ramaswamy, both made posts on social media vehemently pledging their support for the H-1B visa program.

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pennant-1689011_1280New changes to the H-1B work visa program are coming on January 17, 2025.

A new final rule published by the Department of Homeland Security (DHS) in the Federal Register lays out some of the critical changes that H-1B beneficiaries and U.S. employers can expect. These changes will become effective on January 17, 2025, just three days before the inauguration of Donald Trump.

While we do not know whether these changes will be overturned or modified by the Trump administration, it is important for both employers and beneficiaries to be aware of them.

Highlights of the Final Rule

  • Modernizes the definition and criteria for H-1B specialty occupations
  • Introduces cap-gap protections for F-1 students seeking a change of status to H-1B
  • Streamlines the processing of applications for individuals who were previously approved for an H-1B visa
  • Allows H-1B beneficiaries with a controlling interest in the petitioning organization to be eligible for H-1B status subject to certain conditions (such as founders and entrepreneurs)
  • Clarifies that employers must have a legal presence in the United States

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immigration-8579109_1280The United States Citizenship and Immigration Services (USCIS) recently announced some important updates for green card applicants, and those renewing existing employment authorization documents also known as EADs.

I-485 New Green Card Application Form

On December 10, 2024, USCIS published a new edition of Form I-485, Application to Register Permanent Resident or Adjust Status. The new form includes updated questions and important instructions for green card applicants.

Beginning February 10, 2025, USCIS will only accept the 10/24/24 edition of Form I-485. The agency will reject any older editions submitted on or after that date.

The new edition of Form I-485 features the following major changes:

  • Requires applicants who need to submit a Form I-693, Report of Immigration Medical Examination and Vaccination Record, or a partial Form I-693 (such as a vaccination record), to submit the Form I-693 or partial Form I-693 with their Form I-485.  If the applicant does not submit the Form I-693 with Form I-485 when it is required, the Form I-485 may be rejected
  • Enables applicants who are exempt from the Form I-864, Affidavit of Support Under Section 213A of the INA, requirement to request the exemption on Form I-485 rather than submitting a separate Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support. Form I-864W has been discontinued.
  • Contains clarifications for questions about the public charge ground of inadmissibility. The questions will now require an applicant to identify their immigrant category so that USCIS can determine whether or not they are exempt from this ground of inadmissibility and adjudicate the application accordingly
  • Streamlines the collection of information and clarifies instructions and applicant requirements.

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calendar-151591_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the January 2025 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

The U.S. Citizenship and immigration Services (USCIS) has not yet indicated which chart it will use to determine filing eligibility for adjustment of status to permanent residence in January 2025.

Please click here for more information.

Highlights of the January 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of January?

Employment-Based Categories

Dates for Filing

  • No change from previous month 

Final Action Advancements

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by two months to October 1, 2012
  • EB-2 China will advance by one month to April 22, 2020
  • EB-2 All other countries will advance by two weeks to April 1, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by three weeks to December 1, 2012
  • EB-3 China will advance by two months to June 1, 2020
  • EB-3 All other countries will advance by two weeks to December 1, 2022

EB-3 Other Workers

  • EB-3 India will advance by three weeks to December 1, 2012
  • EB-3 Except China, all other countries will advance by one week to December 8, 2020

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recruitment-6838250_1280New changes are being implemented for certain self-petitioners filing immigration petitions under the Violence Against Women Act, also known as VAWA.

The U.S. Citizenship and Immigration Services (USCIS) has announced that beginning in December they will be conducting in-person interviews for select VAWA self-petitioners who have an I-360 and I-485 application pending.

Not all self-petitioners will be required to attend an interview. Self-petitioners who have filed a stand-alone I-360 will not be interviewed.

USCIS expects to continue to adjudicate the majority of VAWA cases without the need for an interview.

Why has this change been made?

An increase in the volume of immigration petitions filed under the VAWA program, along with a surge in VAWA-related fraud reported in the states of New York, Massachusetts, and Maryland has led to this policy change.

While no plans are currently being made to expand interviews to a broader pool of VAWA self-petitioners, the incoming Trump administration may consider this in the future.

How will I know if I am required to attend an in-person interview?

VAWA self-petitioners who are required to attend an interview, will receive an interview notice by mail at the safe address they have provided. Legal representatives will also be notified by mail.

Please note that a self-petitioner’s selection for an interview is not a negative indicator and does not suggest a case will receive an unfavorable outcome.

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