Takeaways

  • USCIS issued updated policy guidance on 1/15/25 on how it will evaluate candidates for EB-2 immigrant visas seeking a National Interest Waiver (NIW).
  • USCIS will be more closely scrutinizing a candidate’s qualifications, profession, experience, and support letters.
  • These changes will make it more difficult to obtain NIWs in the future.

The U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance on Jan. 15, 2025, to clarify how it will evaluate candidates’ eligibility for second preference employment based (EB-2) immigrant visa with a request for a National Interest Waiver (NIW). This update undoubtedly signals that the NIW process will be much more heavily vetted.

Generally, an employer files an EB-2 petition using Form I-140 after receiving a PERM labor certification from the U.S. Department of Labor (DOL). When an employer files the labor application with DOL for certification, it must attest that it will not displace any U.S. workers by hiring the foreign national, that such hiring will not adversely affect the job opportunities and working conditions of similarly employed U.S. workers, and that there are no able, qualified, and available U.S. workers. USCIS can waive the labor certification requirement, however, when a petitioner can show that doing so is in the United States’ interest. Additionally, and critically, individuals seeking a NIW may do so without having an employer sponsor the petition.

The Jan. 15, 2025, guidance confirms that for advanced degree professionals seeking an NIW, USCIS will need confirmation that the occupation is a “profession” and, if applicable, whether the requisite five years of post-bachelor’s experience is in that specialty. For individuals who are seeking an NIW based on exceptional ability, USCIS will scrutinize each petition on a case-by-case basis to confirm the exceptional ability is directly related to the proposed endeavor.

USCIS’ update also clarifies that the government will be taking a much closer look at the NIW petition supporting evidence. For example, the agency has expanded the list of information it hopes to see in letters of support and business plans. Further, USCIS has clarified that broad assertions about an individual’s potential benefit to the economy will not be sufficient evidence. This is particularly true for entrepreneurs. An entire section in the guidance is dedicated to their applications.

The NIW had been viewed as an attractive alternative to the laborious and time-consuming PERM labor certification process. While still an appealing route, the USCIS update appears to have raised the standard for NIW approval. As we wait to see how the guidance will be implemented and applied by USCIS adjudicators, it will be crucial for petitioners and employers to consider the new update as they make NIW sponsorship decisions and work with counsel to prepare those cases.  

Jackson Lewis attorneys are available to assist in strategizing and filing petitions for highly skilled individuals.

Following his inauguration on Jan. 20, 2025, President Donald Trump signed several executive orders designed to advance his immigration agenda. The orders include:

  • Ending Birthright Citizenship
  • Enhanced Vetting
  • Creating “Homeland Security Task Forces”
  • Ending Birthright Citizenship

This order directs federal agencies to refuse to recognize U.S. citizenship for children born in the United States to mothers in the country illegally, or who are present in the United States on non-immigrant visas, if the father is not a U.S. citizen or green card holder.

The order will deny U.S. citizenship, including passports, to children born in the United States 30 days from Jan. 20, 2025, if at least one parent is not an American citizen or green card holder. It is not clear what status, if any, these children will be deemed to hold upon birth in the U.S.

Court challenges to the order are expected. The U.S. Supreme Court ruled more than a century ago that children born in the United States to foreign parents are U.S. citizens under the 14th Amendment. See United States v. Wong Kim Ark, 169 U.S. 649 (1898). The only legally recognized exception applies when both parents are diplomats with immunity from U.S. laws.

Two dozen states and cities have filed a lawsuit in the U.S. District Court for the District of Massachusetts challenging President Trump’s executive order regarding birthright citizenship. While the litigation is pending, employees on non-immigrant visas who are due to give birth more than 30 days from Jan. 20, 2025, should evaluate the eligibility of their children for non-immigrant visas.

  • Enhanced Vetting

President Trump has signed an order to “enhance vetting and screening of illegal aliens.” The order directs agencies to provide recommendations to the president for suspending entry of migrants from “countries of particular concern.”

During his first administration, President Trump banned travel from countries, including Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for 90 days with certain exceptions. The bans were challenged in court, but they were ultimately upheld by the Supreme Court in Trump v. Hawaii, et al., 585 U.S. 667, 138 S. Ct. 2392 (2018).

It is not clear which countries may be the targets of travel bans under the second Trump Administration, or when travel bans may take effect. Employees from countries that have been the targets of prior travel bans may wish to reconsider foreign travel or, if currently abroad, return to the United States as soon as possible. Jackson Lewis will monitor developments and provide updates.

  • Creating “Homeland Security Task Forces”

President Trump has signed an executive order to establish “federal homeland security task forces” to enable federal, state, and local law enforcement to cooperate in removing gang members, criminals, and undocumented individuals. The willingness of local law enforcement to cooperate with Immigration and Customs Enforcement (ICE) varies significantly across jurisdictions. The executive order also prioritizes execution of the immigration laws against all inadmissible and removable aliens.

Employers, particularly those with who employ large numbers of individuals with temporary work authorization, should have an action plan in place in the event of an ICE enforcement action, also known as raids. Jackson Lewis attorneys can assist in the development of action plans and staff training.

  • Reinstating the “Remain in Mexico” Policy, Ending “Catch and Release,” and Eliminating the “CBP One App”

President Trump has revoked President Joe Biden’s Executive Order 13993 – Revision of Civil Immigration Enforcement Policies and Priorities, designed to prioritize the removal of individuals convicted of violent offenses while strengthening family reunification policies. President Trump has reinstated the “Remain in Mexico” policy, ended the longstanding practice of “Catch and Release,” and eliminated the CBP One App.

Remain in Mexico

Remain in Mexico, a policy implemented during the first Trump Administration, requires asylum seekers to wait in Mexico, rather than the United States, while their asylum applications are processed by U.S. immigration courts. It is unclear if Mexico will cooperate with this policy during the second Trump Administration.

Individuals in the United States with pending asylum applications are eligible to apply for work authorization once their asylum applications have been pending for at least six months. In the face of lengthy adjudication backlogs, USCIS currently issues asylum seekers work authorization documents valid for five years.

It is unclear if individuals in the United States with pending asylum applications will continue to receive work authorization documents valid for five years, or if there will be efforts to suspend work authorization for these individuals entirely. Jackson Lewis attorneys will monitor developments and provide updates.

Ending Catch and Release

“Catch and release” refers to the practice of releasing detained individuals into the community to wait for their cases to be processed by immigration courts. The term, which originated during the first Bush Administration, has been implemented during every administration since, including the first Trump Administration, due to limitations related to available detention space.

Elimination of the CBP One App

President Trump has eliminated CBP One, an app that granted appointments, based on a lottery system, to 1,450 people per day at one of eight border crossings. Individuals granted appointments were “paroled” into the United States pursuant to presidential authority.

Once in the United States, these individuals were permitted to apply for work authorization, and they often also apply for asylum. It is unclear if individuals currently in the United States pursuant to Biden-era humanitarian parole, which protects them from deportation, will be able to renew their parole and work authorization. Jackson Lewis attorneys will monitor developments and provide updates.

Other executive orders designed to enhance President Trump’s immigration agenda include:

  • Suspending Refugee Resettlement

President Trump has revoked President Biden’s Executive Order 14013 – Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration, designed to enhance refugee resettlement programs. President Trump has signed an executive order suspending the Refugee Resettlement Program for an initial 90 days.

Pursuant to Executive Order 14013, nearly 1,660 Afghans cleared to resettle in the United States, including family members of active-duty military personnel, have been removed from flights to the United States.

The new Executive Order directs the Department of Homeland Security and the State Department to issue a report every 90 days to enable President Trump to determine whether the program “would be in the interests of the United States.”

  • Clarifying the Military’s Role in “Protecting the Territorial Integrity of the United States”

This order directs the military to “repel forms of invasion including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.”

  • Declaring a National Emergency at the Southern Border

President Trump’s declaration of a national emergency along the U.S.-Mexico border permits the Department of Defense to deploy armed forces to the border to free up resources to build a wall and erect other barriers. The Secretary of Defense is specifically directed to deploy troops and National Guardsmen to the border.

  • Designating Cartels as Foreign Terrorist Organizations

President Trump has signed an order designating drug cartels and other criminal organizations, including the MS-13 and Tren de Aragua gangs, which originated in El Salvador and Venezuela, respectively, as foreign terrorist organizations, or Specifically Designated Global Terrorists.

The order, which cites the Alien Enemies Act enacted more than 200 years ago, specifically directs authorities to remove members of the Tren de Agua on the ground that the group is conducting an invasion of the United States.

  • Denying Asylum to Individuals Apprehended Between Ports of Entry

President Trump has revoked President Biden’s Executive Order 14010 – Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border. The order was designed to ensure that individuals’ asylum applications could be processed at the border, discouraging dangerous undocumented crossings while facilitating the entry of individuals who had waited in Mexico for prolonged periods while their asylum applications were processed, specifically those subject to the Migrant Protection Protocols instituted by the first Trump Administration. President Trump’s order renders individuals apprehended while attempting to cross the border between ports of entry ineligible for asylum, subjecting them to immediate removal from the United States without the opportunity to apply for asylum.

It is not clear what will happen to asylum seekers currently in ICE custody who were apprehended attempting to cross the border before Trump took office.

  • Restoring the Death Penalty When a Law Enforcement Officer Is Murdered

President Trump has signed an executive order directing the attorney general to seek the death penalty when an undocumented individual murders a law enforcement officer or commits another capital crime.

States attorney generals and district attorneys are also encouraged to pursue the death penalty when an undocumented individual murders a law enforcement officer.

President Trump has also revoked Biden-era executive orders that have not yet been replaced with President’s Trump’s own executive orders.

For example, President Trump has revoked President Biden’s Executive Order 14012 – Restoring Faith In Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans. This order established USCIS deference to prior decisions in certain cases, for instance H-1B extensions, streamlined the naturalization process, and reduced the number of Requests for Evidence and denials received by employers and individuals applying for immigration benefits. The outcome of these revocations is not yet clear. Jackson Lewis attorneys will monitor adjudication trends and provide updates.

For additional information on any of the executive orders outlined above, including steps to prepare for and respond to these orders, please contact your Jackson Lewis attorney.

Skilled immigration is making headlines with renewed focus on the H-1B nonimmigrant visa program, the most popular employment-based visa for foreign professional workers. View our full legal update and insights here.

President Joe Biden is extending Deferred Enforced Departure (DED) for 24 months through Feb. 5, 2027, for any Hong Kong resident (regardless of country of birth) currently living in the United States.

The Department of Homeland Security has been directed to:

  • Take measures to authorize employment authorization for the duration of the deferral; and
  • Consider suspending regulatory requirements for F-1 students who are Hong Kong residents.

Individuals must meet general admissibility requirements and:

  • Must not have voluntarily returned to Hong Kong or the PRC after Jan. 15, 2025; or
  • Failed to continuously reside in the United States since Jan. 15, 2025.

DED is a humanitarian administrative stay of removal and is authorized based upon the president’s constitutional authority to conduct foreign relations. DED was first authorized for Hong Kong residents in August 2021.

Instructions on how to apply for employment authorization will be published in the Federal Register. Lawmakers had sent a letter to President Biden requesting an extension for Hong Kong for four years until Jan. 20, 2029.

Please contact a Jackson Lewis attorney if you have any questions about applying for employment authorization pursuant to DED.

Romania will be the 43rd country to become a member of the Visa Waiver Program (VWP). The new designation made by Secretary of Homeland Security Alejandro Mayorkas in conjunction with Secretary of State Antony Blinken will go into effect on or around March 31, 2025.

The VWP allows citizens or nationals of participating countries to travel to the United States for tourism or business purposes for up to 90 days without obtaining a visa.

The Electronic System for Travel Authorization (ESTA) online application and mobile app will be updated to include Romania.

Individuals must apply online through ESTA before coming to the United States on the VWP.

According to the secretaries, Romania met the stringent security requirements for this designation through a whole-of-government effort:

  • It had a visa refusal rate of under 3 percent in the last fiscal year;
  • It issues secure travel documents;
  • It extends reciprocal travel privileges to all U.S. citizens and nationals without regard to national origin, religion, ethnicity, or gender; and
  • It agreed to work closely with U.S. law enforcement and counterterrorism authorities.

U.S. citizens already are eligible to travel to Romania visa-free and are eligible to remain for up to 90 days for tourism or business purposes if they have a passport valid for at least three months from the date of arrival.

Romania is the fourth country to be added to the VWP by Secretary Mayorkas. It follows Croatia (2021), Israel (2023), and Qatar (2024).

Jackson Lewis attorneys are available to assist with any questions on international travel.

The Department of State (DOS) revised the J-1 Skills List, which lists home countries to which foreign nationals are subject to a two-year foreign home residency requirement.

  • The 37 countries that have been removed from the J-1 Skills List are: Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile, China, Colombia, Costa Rica, Dominican Republic, Gabon, Georgia, Guyana, India, Indonesia, Kazakhstan, Laos, Malaysia, Mauritius, Montenegro, Namibia, Oman, Paraguay, Peru, Romania, Saudi Arabia, South Africa, South Korea, Sri Lanka, Thailand, Trinidad and Tobago, Turkey, United Arab Emirates, and Uruguay.
  • This change applies retroactively. J nonimmigrant exchange visitors who were subject to the two-year foreign residency requirement based upon the Skills List at the time of their admission to the United States in J status will no longer be subject to the residency requirement if their country has been eliminated from the list.
  • This change is particularly impactful for professionals who often face significant career disruptions and personal hardships due to the two-year foreign home residency requirement. Exempted individuals will be able to pursue further training and employment in the U.S. without disruption.
  • The elimination of this requirement for certain countries may make the United States a more attractive destination for top talent.

The change, however, does not affect individuals who are subject to the two-year requirement on other grounds, such as government funding or physicians in the United States for graduate medical training.

J-1 visas are work-and-study-based exchange visitor programs established by DOS. The Skills List that became part of that program was established to identify countries with a shortage of certain skills and then ensure that those who gained those skills in the United States would return to their home countries to ensure that knowledge and skills gained during the exchange program would be shared with the individual’s home country. From time to time, DOS revises the list to ensure it is accurately accomplishing the goal that foreign nationals return to their home country when most needed. In this revision, DOS is updating the countries included on the Skills List, but not updating the skills listed.

Jackson Lewis attorneys are available to assist companies and individuals with obtaining J visas and developing strategic alternatives for those in J status who remain subject to the two-year foreign home residency requirement.

The Department of Labor’s (DOL’s) Proposed Rule to add new occupations to the Schedule A list is “dead,” at least for now. Stakeholders see this as a disappointment and a missed opportunity.

  • The failure to move forward with this rule is a significant disappointment for many high-skilled immigrants and the employers who need them, all of whom would have benefited from the streamlined process for obtaining employment-based green cards.
  • Considering the current processing times for PERM Applications – which have ballooned over the past year and currently sit at around 15 months – expanded access to Schedule A would provide improved certainty regarding job opportunities for employers and foreign-born workers alike.

Schedule A list occupations do not require the employer to conduct a labor market test as part of a green card application process because the government has already determined that there are not enough U.S. workers available for these positions – thus simplifying and speeding up the process. Currently, the Schedule A list only includes physical therapists, professional nurses, and individuals of exceptional ability. The list is clearly outdated because there are many occupations, particularly in STEM fields, experiencing a national labor shortage.

The DOL began its Schedule A initiative with a Request for Information (comments) in December 2023. The goal was to consider how to add more STEM and non-STEM occupations to the list. The comment period was extended, but it seems the rule is not even on the DOL’s list of priorities. Those looking for relief will have to wait and see if the Trump Administration decides to pick up this initiative.

Jackson Lewis attorneys are available to assist with the processing of all types of green card cases, including Schedule A green cards.

The Department of Homeland Security (DHS) has issued a Final Rule for the H-2A and H-2B temporary worker programs that will become effective on Jan. 17, 2025.

The Rule is aimed at modernizing the regulations governing the H-2A and H-2B temporary worker programs — programs that are essential for U.S. employers seeking foreign labor for temporary agricultural (H-2A) and non-agricultural (H-2B) work when domestic labor is unavailable.

Below are the main takeaways.

Improving Program Efficiency:

  • Elimination of Eligible Countries List: Employers are able to hire workers from any country. DHS will no longer be publishing annual lists of H-2 eligible countries, streamlining the process for employers.
  • Simplified Period of Stay Calculations: The Rule standardizes the period that resets a worker’s three-year maximum stay in the United States to a uniform absence of at least 60 days, eliminating complex “interrupted” stay provisions.

Increasing Flexibility for Workers:

  • Grace Period Extensions: H-2 workers are granted a 10-day grace period before employment begins and up to 30 days after employment ends. Additionally, a new grace period of up to 60 days is introduced following employment cessation, allowing workers to seek new employment or prepare for departure without violating their status. The worker remains in status but does not have work authorization during the grace period.
  • Employment Portability: Eligible H-2 workers can commence new employment with a different employer upon the filing of a non-frivolous H-2 petition, providing greater job mobility. This is a dramatic change; previously, the H-2 worker needed to wait for the petition to be approved before starting work with the new employer.

Strengthening Worker Protections and Increasing Program Integrity:

  • Prohibition of Fees: The Rule reinforces the ban on charging certain fees to H-2 workers and introduces penalties for employers who violate this provision.
  • Mandatory Denial Grounds: USCIS is authorized to deny H-2 petitions from employers found to have committed specific labor violations or misused the H-2 programs.
  • Whistleblower Protections: H-2 workers have protections comparable to those in the H-1B program, safeguarding them against retaliation for reporting violations.
  • Compliance Reviews and Inspections: The Rule clarifies USCIS’s authority to conduct compliance reviews and site inspections, ensuring adherence to program requirements.

An H-2A rule that was finalized in April 2024 and rolled out incrementally offered additional worker protections. The rule faced lawsuits and patchwork injunctions covering various states and organizations before being enjoined nationwide by the U.S. District Court for the Eastern District of Kentucky in November.

Jackson Lewis attorneys are available to help with applications and strategies for hiring H-2A and H-2B workers.

On Dec. 18, 2024, USCIS released the Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Final Rule. First proposed in October 2023, the Biden Administration has been urged to finalize the rule. The rule codifies certain USCIS guidance by regulation. The regulation is effective Jan. 17, 2025 – prior to the start of the new administration.

It is unclear whether the new administration will look to rescind some or all of the regulation.  

The major regulatory actions can be divided into three sections – some of which affect all nonimmigrant visa petitions:

Clarifications

    H-1B

    • Revises the definition of “specialty occupation” for H-1B visas to clarify that, if a position “normally” requires a certain degree, that does not mean the occupation must “always” require that degree.
    • Clarifies that specialty occupations may require a range of degrees if the required degrees are “directly related” to the position and skills.
    • To be consistent with current guidance, updates regulations on when amended or new petitions must be filed if there is a change in work location.
    • Confirms that if an individual is performing services at a third-party site, the work performed for the third party must meet the specialty occupation requirements.

    Applicable to all NIV Petitions

    • Clarifies that deference should be given to prior approvals if there is no material change.
    • Expressly requires documentation of maintenance of status for all requests for extensions or amendments.
    • Allows petitioners to amend the requested validity period when a petition is not approved until after the end date of the initial request has passed.

    Greater Benefits and Flexibility

    • Expands the definition of nonprofit research organizations and government research organizations for H-1B Cap exemption purposes by clarifying that the research must be a “fundamental activity” but does not have to be the “primary” mission of the organization. The new rule revises the beneficiaries’ requirements for exemption by explaining that the individual need only be providing “essential work” that advances a fundamental purpose, mission, objective, or function of the organization for at least half of their work time.
    • Extends F-1 status and work authorization for students with change of status to H-1B petitions pending from October 1 of the filing year to April 1 of the following year (extends cap-gap relief)
    • Clarifies that certain owner-beneficiaries may be eligible for H-1B status.

    Program Integrity

    • Specifically authorizes USCIS to request documentation that the job offer is bona fide.
    • Explains that USCIS will be checking to be sure that the Labor Condition Application for the H-1B petition is proper.
    • Clarifies that the petitioner must have a legal presence in the United States and be amenable to service of process in the United States.
    • Codifies USCIS’ ability to conduct site visits and clarifies that refusal to allow the site visit may result in denial or revocation of a petition.

    Jackson Lewis attorneys are available to assist with strategies to work with and take advantage of these new regulations.

    President-Elect Donald Trump is promising sweeping changes to the U.S. immigration system, with a focus on ramping up enforcement and the removal of undocumented immigrants. We can look to his first term, along with his campaign platform, to anticipate upcoming immigration action.

    We expect President Trump will take swift action in the following areas through executive orders and policy directives:

    • Reinstatement of USCIS adjudication practices that resulted in increased denials, including the end of deference to prior decisions and expanded discretion in the denial of a petition or application without first requesting clarifying evidence.
    • Termination of certain humanitarian-based programs, including Temporary Protected Status (TPS) and parole programs for Cuba, Haiti, Nicaragua, and Venezuela. The continued status of Deferred Action for Childhood Arrivals (DACA) is uncertain.
    • Increased I-9 audits, worksite investigations, and site visits to verify H-1B and L-1 petition terms.
    • Travel restrictions and extreme vetting in visa interviews.

    As his term progresses, Trump is expected to push additional changes to employment-based immigration, which are likely to include:

    • Changes to the H-1B program, such as re-defining “specialty occupation,” increasing wage requirements, and prioritizing H-1B cap registrations based on compensation levels.
    • Restrictions on Optional Practical Training (OPT) currently available to F-1 students engaged in a U.S. program of study.
    • Termination of individual work authorization programs, such as EADs for certain H-4 spouses.
    • Expanded tariffs.

    Like what was proposed during his first term, the second Trump Administration may look to make more fundamental changes, such as ending birth-right citizenship and creating a merit-based immigration system focused on workers who possess: valuable skills, job offers, advanced education, ability to create jobs for U.S. workers, higher wages, and financial self-sufficiency. The aim of the proposed merit-based system was to attract high-skilled workers while reducing family-based immigrants. The plan also included protections for American jobs and wages, including recruitment requirements, displacement prohibitions, and wage floors. The proposal gave priority to young applicants, top graduate students from American universities, and those with extraordinary achievement and potential who are likely to contribute to society.

    What does this mean for employers?

    • Tougher adjudications: During the first Trump Administration, employers saw a significant increase in the denial of immigration benefits, particularly H-1B, L-1, and O-1 work visa petitions. Employers should be prepared to provide additional documentation for otherwise routine petitions and for lengthier processing times in cases not submitted for “premium processing.”
    • Travel restrictions: Expanded travel bans would greatly hinder business and personal travel for covered workers and employees. Even in an emergency, travelers could find themselves unable to return to the United States. Employers should closely monitor international business travel requirements and carefully plan to avoid disruption from employee travel.
    • Enhanced screening: The further expansion of screening in the visa application process to identify extreme ideological positions and affiliations is expected to cause an increase in visa denials and significant delays in processing. Employers should plan for increased processing times for consular visa applications that could result in employees having to spend longer than expected outside of the United States.
    • Increased worksite investigations and raids: Employers should evaluate onboarding programs and I-9 compliance regularly through training and internal audits and ensure an escalation protocol is in place in anticipation of record number of I-9 audits and potential workplace raids. Employers should also expect an increased number of USCIS, DOJ/IER, and DOL investigations and audits related to employment of non-immigrant and immigrant employees.
    • Changes to the H-1B program: Employers should prepare for higher prevailing wage requirements, which may be prohibitive in both hiring new H-1B workers and continuing employment for existing H-1B workers. Changes in the prevailing wage rules would also impact H-1B1 and E-3 workers, as well as the employer-sponsored permanent residence application process where a labor certification is required.
    • Termination of humanitarian and individual work authorization programs (TPS, DACA, H-4 Spouse EADs): Many recipients of these programs have no other option for work authorization. If these programs are terminated, workers with these statuses will lose work authorization and may no longer be legally employable in the United States, causing disruption to business operations. Employers should anticipate potential loss of these employees, while being careful not to engage in unlawful discrimination.

    Some measures require congressional action, while others can be addressed quickly through executive order or policy directive.

    Employers should remain in close contact with immigration counsel to plan and develop strategies that make sense for their immigration programs as the second Trump Administration gets under way.