It’s that time of year again, when we are called to count our blessings, and you are certainly one of them! Our customers are the reason we thrive. Thank you so much for choosing us time and time again. We wish you and yours a very happy Thanksgiving!
Please be aware that our office is closed in observance of the Thanksgiving holiday on Thursday November 28th and Friday November 29th.
We will be happy to serve you upon our return on Monday December 2nd.
Los Angeles has become the first of many cities to use its legislative powers to protect undocumented immigrants from the threat of deportation.
On November 19, 2024, the Los Angeles City Council passed a “sanctuary city” ordinance, prohibiting the use of the city’s resources and personnel to carry out federal immigration enforcement actions. This move was made ahead of the President-elect’s campaign promise to carry out mass deportations.
Los Angeles has long protected the rights of immigrants by refusing to cooperate with federal immigration authorities. Now that commitment has been codified by law.
More than 11 states have taken similar actions to reduce their cooperation with federal immigration authorities.
Upon taking office, Trump could retaliate by issuing an executive order to withhold federal funding from sanctuary cities like Los Angeles. His administration has also vowed to pass legislation to outlaw sanctuary cities.
While it is not yet known the degree to which Trump will deliver on his campaign promises, individuals close to his administration have spoken to the media about his plans on condition of anonymity.
According to a recent report by NBC news, on Day One of his presidency, Trump is expected to issue five executive orders delivering on his promise to put a stop to illegal immigration. Many other executive orders are expected to follow, designed to undo the Biden administration’s policies on subjects like abortion and gender affirming care.
In this blog post, we discuss how Trump’s return to the White House on January 20th could impact employment-based visa applicants and their employers in the years ahead.
While the Trump campaign has been very vocal about their zero-tolerance policy toward illegal immigration, much less has been said about employment-based immigration. For that reason, it has been hard to know exactly what lies ahead for foreign workers.
While we don’t have all the answers, Trump’s track record on employment-based immigration helps provide insights into the changes we are likely to see during his second term.
To help readers understand how the incoming Trump administration may impact employment-based immigration, we have drawn up the top five areas where there is a high likelihood that changes may be introduced either by executive action or internal policymaking.
This information is based on our collective experience dealing with immigration agencies during Trump’s first term in office. Readers should be aware that none of this information is set in stone. Immigration policies are likely to evolve as the Trump administration settles in and as the political climate becomes more balanced.
Increasing Vetting and Processing Times for Employment-Based Workers
Foreign workers who plan to file employment-based cases should be aware of the following potential changes in the months ahead.
In 2017, the Trump administration made the employment-based green card application process much more difficult when it required adjustment of status applicants to attend in-person interviews.
This directive was handed down with the passage of Trump’s executive order known as “Protecting the Nation from Foreign Terrorist Entry Into the United States.” This executive order was meant to crack down on immigration, by combating fraud and abuse in the green card process.
The decision to reinstate visa interviews for employment-based green card applicants led to a sharp increase in processing times at USCIS offices nationwide. This was due to the increased demand for interviews and limited resources available to accommodate the surge in applicants.
While in-person interviews are generally required under the law, prior to Trump’s presidency, the U.S. Citizenship and Immigration Services (USCIS) waived in-person interviews for a broad category of applicants, including employment-based green card applicants to better allocate resources toward higher risk cases.
The fallout of the 2024 Presidential election has left high-skilled foreign workers asking what the Trump administration may have in store for them in the new year.
Perhaps the most vulnerable to attack is the H-1B work visa program, which was previously targeted by the Trump administration. A second term for Donald Trump promises to bring a new set of challenges for H-1B workers, including a hike on mandated salaries paid by U.S. employers, and increased scrutiny leading to a predicted surge in Requests for Evidence and H-1B visa denials.
About the H-1B Work Visa
H-1B workers are a subset of professional workers that have long filled a critical need in the U.S. labor market, especially for those working in the sciences, technology, engineering, and mathematics (STEM) fields.
Every year, U.S. employers from hundreds of industries use the H-1B visa program to bring highly skilled and well-educated foreign professionals to work for them in the United States. To qualify, H-1B workers must have a job offer from a U.S. employer to work in a “specialty occupation,” which requires a baccalaureate degree or the equivalent work experience to work in the field. Applicants must demonstrate that they have the academic and professional qualifications to work for the U.S. employer.
Only 65,000 H-1B visas are available every year, with an additional 20,000 visas made available to professionals with a U.S. master’s degree or higher in their field.
The annual visa limits mean that the H-1B work visa program is a “lottery” based visa, requiring employers to submit an electronic registration every Spring, to have a chance of being selected.
We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the December Visa Bulletin. Unfortunately, the December Visa Bulletin brings almost no movement.
USCIS Adjustment of Status
For employment-based and family-sponsored preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of December.
Highlights of the December 2024 Visa Bulletin
At a Glance
What can we expect to see in the month of December?
Employment-Based Categories
Family-Sponsored Categories
For more details, please see our analysis of the December 2024 Visa bulletin below.
Employment-Based Categories
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
According to the Department of State’s December 2024 Visa Bulletin, the following Final Action cutoff dates will apply for employment-based categories in the month of December.
EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives
EB-2 Members of the Professions and Aliens of Exceptional Ability
EB-3 Professionals and Skilled Workers
EB-3 Other Workers
As we observe Veteran’s Day, we pause to honor and express our deep gratitude to all those who have served in our nation’s armed forces. Their courage, dedication, and sacrifices have shaped the freedoms we enjoy today.
At the Law Offices of Jacob Sapochnick, we recognize the importance of this day and extend our appreciation to all veterans and their families for their service.
Please be aware that our office is closed in observance of the Veteran’s Day holiday today Monday November 11th. We will be proud to serve you upon our return on Tuesday November 12th. Happy Veterans Day!
In the last few days, the immigration world has been reeling from the results of the Presidential election. People across the nation are preparing for an incoming Trump administration that promises to be extremely tough on immigration.
While the future of many hangs in the balance, the federal courts have started taking action to undo the immigration policies of the Biden administration.
Just two days after Americans cast their ballots and elected Donald Trump to become the next President of the United States, federal Judge J. Campbell Barker of the Eastern District Court of Texas issued a court order in the case Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.), ending President Biden’s Keeping Families Together parole program.
In a short one-page ruling, the judge declared that the Biden administration lacked the authority to grant parole in place to undocumented aliens, and therefore set aside and vacated Biden’s Keeping Families Together program.
In doing so, judge Barker delivered the first major blow to Biden’s immigration friendly policies. This decision stops the government from accepting applications for parole in place under the program, which would have allowed undocumented spouses and stepchildren of U.S. Citizens to remain together during the immigration process.
Recently, the Department of State released guidance to assist U.S. Citizens petitioning for family members in Lebanon.
Here are the highlights:
Immigrant Visa Information
The National Visa Center (NVC) will directly email petitioners, beneficiaries, and representatives of spouses, children under 21, and parents of U.S. citizens with approved I-130 petitions to provide an immigrant visa interview appointment date and instructions. Applicants must check their email for updates.
Immigrant visa cases will continue to be processed according to the final action date published in the Visa Bulletin. In November/December, the U.S. Embassy in Beirut will schedule visa interviews for currently eligible family preference immigrant visa cases and nonimmigrant Fiancé (K-1) visa cases.
Case Transfers from Beirut to Other Embassies/Consulates
Individuals wishing to transfer their immigrant visa case from the U.S. Embassy in Beirut to another U.S. embassy or consulate may contact NVC via the Public Inquiry Form and in the “Enter Your Inquiry Below” box, include:
Applicants must arrange their own travel to an alternate embassy or consulate for their visa appointment, including complying with any visa requirements for entering that country to attend their visa appointment.
On October 11, 2024, the U.S. Citizenship and Immigration Services (USCIS) released updated guidance for requests to expedite travel-related documents and expedite requests relating to government interests. The guidance is effective immediately.
Who may file an expedite request?
Individuals who are located inside the United States may request that USCIS expedite the adjudication of their application, petition, request, appeal, or motion. USCIS considers expedite requests on a case-by-case basis and has the discretionary authority to approve or deny an expedite request.
The grounds that may be considered to file an expedite request include, but are not limited to, the following:
The updated guidance states that those filing an expedite request based on severe financial loss to a company or person must provide corroborating documentation supporting their request.
Where a company is involved, such evidence may include documentation proving that the company is at risk of failing, losing a critical contract, or required to lay off other employees.
For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.
Where an individual is applying for an expedite based on severe financial loss, evidence of a layoff or termination may be sufficient to establish financial loss.
For example, if an individual is unable to travel for work and this would result in job loss, an expedite might be necessary.
USCIS has said that “an individual’s need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment.”
Additionally, severe financial loss can be established if the failure to expedite would result in a loss of critical public benefits or services.
In this blog post, we discuss the release of the Department of State’s October 2024 Immigrant Visa Backlog report.
This is a monthly publication that provides data and statistics regarding the number of immigrant visa cases currently at the National Visa Center waiting for interviews, documentarily complete cases that have been scheduled for visa interviews, and those that are still awaiting visa interviews.
We also compare the increase in the backlog from September to October 2024.
According to the National Visa Center’s Immigrant Visa Backlog Report for the month of October 2024, there has been a modest decrease in the immigrant visa (IV) backlog from 385,800 pending cases in September to 363,242 cases in October — nearly a 5.8% decrease in the backlog.
Additionally, when comparing the September and October Immigrant Visa backlogs, we can see that the number of immigrant visa applicants whose cases were declared documentarily complete and ready to be scheduled for interviews decreased by 17,846 cases, from 431,110 (in September) to 413,264 (in October).
Additionally, 50,022 applicants whose cases were documentarily complete were scheduled for interviews in the month of October (in comparison to just 45,310 in September).
September 2024 Immigrant Visa Backlog Report
| Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of August 31 | 431,110 |
| Number of documentarily complete IV applicants scheduled for September 2024 interview appointments | 45,310 |
| Number of eligible IV applicants still pending the scheduling of an interview after September 2024 appointment scheduling was completed | 385,800 |
October 2024 Immigrant Visa Backlog Report
| Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of September 30 | 413,264 |
| Number of documentarily complete IV applicants scheduled for October 2024 interview appointments | 50,022 |
| Number of eligible IV applicants still pending the scheduling of an interview after October 2024 appointment scheduling was completed | 363,242 |
Note: In Calendar Year 2019 on average, 60,866 applicants were pending the scheduling of an interview each month.
Visa Lawyer Blog