On Jan. 23, 2025, in a suit filed in the U.S. District Court in Seattle by the attorneys-general of Washington State, Arizona, Illinois, and Oregon to overturn President Donald Trump’s executive order (EO) banning birthright citizenship, Judge John Coughenour enjoined enforcement of the EO, calling it “blatantly unconstitutional.” The judge issued a 14-day temporary restraining
Other Non-immigrant Visas
President Trump’s Executive Orders on Immigration and What They Mean for Employers
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…
J-1 Exchange Visitors From 30+ Countries No Longer Subject to Two-Year Foreign Home Residency Requirement
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,
U.S. Embassy in Havana Restores Visa Services for 7 Work, Exchange Visas
The U.S. Embassy in Havana has expanded visa services to include some temporary non-immigrant visas. Cuban nationals with the following approved petitions will be able to schedule visa interviews at the Embassy:
CBP Proposes Changes to Arrival and Departure Record, ESTA Systems
Since 2004, U.S. Customs and Border Protection (CBP) has been working on improving the systems used to document the entries and exits of nonimmigrants to and from the United States. There is no comprehensive easy-to-use system in place to collect exit data, although there are ways to report departure that the CBP characterizes as burdensome…
USCIS Updates Policy Manual on F, M Visa Status International Students’ Present Intent-to-Depart
Students studying in the United States in F or M visa status must have a foreign residence that they have no intention of abandoning. A new USCIS policy manual update has clarified that being the beneficiary of a PERM application or an immigrant visa petition does not mean the student cannot demonstrate their intention to…
Immigration Issues Companies Reconsidering Bachelor’s Degree as Job Requirement Must Keep in Mind
The increasing need for talented workers in the United States has more and more employers considering eliminating bachelor’s degree requirements from job descriptions. A recognition of the value of skills and experience over formal education may be driving the trend. See our full article on these issues and considerations here.
USCIS Announces Higher Premium Processing Fees
Premium processing will become more expensive starting on February 26, 2024. According to USCIS, it is raising the fees to adjust for inflation.
The newly generated income, estimated to be approximately $185 million, will be used to respond to adjudication demands and reduce processing times throughout the agency.
USCIS has been rolling out premium…
Employers’ Notification Requirements When Employing Foreign Nationals in H-1B, H-1B1, E-3
Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS or the Department of State – H-1Bs, H-1B1s, and E-3s – require the following.
- Notice must be given to U.S. workers at the relevant worksite(s) in
Department of State Takes Steps to Implement Stateside Visa Processing
On October 17, 2023, the Department of State (DOS) took the first steps to implement stateside processing of nonimmigrant visas. The DOS notified the federal Office of Information and Regulatory Affairs that it will introduce a pilot stateside processing program on a limited basis in the first quarter of 2024. Those able to utilize stateside…