Michael H. Neifach

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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…

Some colleges and universities, out of an abundance of caution, are advising their foreign national students and staff who are traveling abroad for winter break to consider returning before President Donald Trump’s inauguration on Jan. 20, 2025.

It is not possible to predict what will happen with any certainty, but President Trump has spoken about…

The Department of Homeland Security has released an additional 64,716 H-2B temporary visas for non-agricultural workers. The additional visas will help employers in hospitality, tourism, landscaping, construction, seafood processing, and others that employ temporary seasonal workers.

Of the newly released visas, 44,716 are divided in three allocations (between Oct. 1, 2024, and Sept. 30, 2025)…

On Nov. 25, 2024, the U.S. District Court for the Southern District of Mississippi blocked enforcement of the Department of Labor (DOL) rule granting organizing protections to farmworkers on temporary H-2A visas by entering a nationwide injunction.

The decision follows the August 26 ruling by a federal court in Georgia blocking enforcement of the DOL…

In October, DHS announced that Lebanese nationals would be eligible for Temporary Protected Status (TPS). On Nov. 27, 2024, that became official. TPS has been granted for 18 months, from Nov. 27, 2024, through May 27, 2026.

Individuals who are otherwise eligible must have been residing in the United States since Oct. 16, 2024, and…

The Department of Homeland Security (DHS) designated Lebanon for Temporary Protected Status (TPS) for 18 months due to the conditions in that country caused by the conflict across the Israeli-Lebanese border. The Oct. 17, 2024, designation will apply to otherwise eligible individuals who have continuously resided in the United States since Oct. 16, 2024.

Instructions…

Qatar will join the Visa Waiver Program (VWP). It will be the 42nd member of the VWP and the first Gulf country to qualify. 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.

No…

The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District Court for the District of Southern Georgia. That order prevents the DOL from enforcing its new H-2A Farmworker Visa Rule against…

The Department of Labor (DOL) has decided to delay updating its Foreign Labor Application Gateway, or FLAG, case processing system to implement revised H-2A job order and application forms for the new 2024 Farmworkers Protection Final Rule until further notice. For now, H-2A job orders and applications will continue to be received and processed under…