At Brown Immigration Law, we strive to be your company's partner in growth and innovation, on a global scale. We continue our commitment to demystifying the complex immigration laws of the United States and Canada to provide efficient and effective immigration and global mobility support. Please find this month's business immigration news below.
As this is our first newsletter after the 2024 U.S. Presidential election, we wish to note the understandable trepidation that we have received from many of our clients regarding the approaching inauguration of President-elect Donald Trump and his upcoming Administration. While many factors remain uncertain, his last presidency certainly impacted immigration, generally leading to increased scrutiny for applications and petitions, slower processing times, and other changes in well-settled practice. Our Managing Partner, David Brown, held a webinar in early October 2024 titled "Trump's Immigration Plan – What to Expect and How to Prepare" which highlights many of the possible changes the Trump Administration plans to implement (recording available here). On Thursday January 9th David will again hold a webinar on what to expect and how to prepare sharing the most up-to-date information we have at that time (register here). We recommend signing up for our webinars and news alerts as we will hold many upcoming sessions as more information comes out about changes to immigration law and policy.
Despite the potential challenges ahead, we have a previously developed playbook for how to anticipate and respond to these challenges. We will continue to zealously advocate for our clients regardless of the stance of any administration.
U.S. BUSINESS IMMIGRATION UPDATES
Biden Administration's "Keeping Families Together" Program Derailed by Texas Federal Court
On November 7, a federal judge in Texas blocked the Keeping Families Together program, vacating the parole-in-place program for certain spouses of U.S. citizens, and ruling that the Biden Administration lacked the statutory authority to grant such parole under current immigration law.
Implemented using the president's parole authority and consistent with long-standing Department Homeland Security policies and the law, the "Keeping Families Together" Program aimed to protect certain spouses and stepchildren of U.S. citizens, allowing them to remain in the United States while they seek Lawful Permanent Resident (LPR) status. However, with the new ruling, this court has overlooked decades of bipartisan use of parole authority to promote family unity. As a result, thousands of American families and children may now face the possibility of being separated while their Adjustment of Status applications are pending.
Many leading experts across the immigration law community have expressed criticism towards the Texas judge's ruling, with one pressing concern being the Plaintiffs' lack of standing to bring suit in the first place. Kelli Stump, President of the American Immigration Lawyers Association ("AILA") stated, "This ruling is simply wrong on the law. The Administration was using its congressionally enacted authority as a sensible solution for hundreds of thousands of American families facing uncertainty and fear due to our broken immigration system."
Given the controversy surrounding the court's ruling, our office anticipates that this case will likely be appealed. We will be sure to provide updates as they come in. Until then, please contact our office if you have any concerns over this ruling.
Surge of Jobs: A Primer for H-1B Cap Season
Multiple reports show that job growth in the private sector continued to be strong in October. The healthcare industry, for one example, saw a surge of over 50,000 new jobs, while the tech industry added over 30,000 jobs. As the year is coming to an end, we provide a quick primer as employers begin to plan for the upcoming H-1B cap season. Ahead of March 2025—when the H-1B registration window is expected to start—employers should:
- Review the current roster of foreign national employees to determine long term work authorized pathways and those who would benefit from entry into the H-1B lottery;
- Discuss hiring projections and plans with your Brown Immigration Law attorney; and
- Review internal immigration policies and compliance procedures with your Brown Immigration Law attorney for alignment with the field and best practices.
We at Brown Immigration Law will continue offering strategic guidance on developing favorable immigration programs in line with overall company goals. We look forward to partnering with you on strategic planning for the year ahead and as always we will have Webinar and News updates over the coming weeks as clients prepare for the H-1B registration period.
USCIS Updates Guidance on Lawful Admission for Permanent Residence Requirement for Naturalization
On November 14, 2024, USCIS released updated guidance to "clarify that a naturalization applicant's burden to demonstrate they have been lawfully admitted for permanent residence applies only to their initial admission as a lawful permanent resident (LPR) or adjustment to LPR status." As USCIS noted, this update is consistent with the 4th Circuit Decision in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024), and USCIS noted that it will "consider whether a naturalization applicant was lawfully admitted for permanent residence or was lawfully adjusted to permanent resident status at the time of their initial admission or adjustment, regardless of whether they were lawfully admitted for permanent residence at the time of any subsequent reentries to the United States."
As a reminder, lawful permanent residents can check their eligibility for naturalization here. If you have questions about your naturalization of the timeline of your citizenship case, please contact your BIL attorney.
Trump Selects Former Acting Director of ICE Thomas Homan as "Border Czar"
President-elect Donald Trump has selected Thomas Homan to serve as "border czar" for the incoming administration. While there is no formal "border czar" position in the U.S. government, reports surmise that the role will mean Homan will serve as Trump's senior advisor on the oversight of the borders with Mexico and Canada, along with U.S. coastline and airspace, with authority to coordinate policy among various agencies to enact the president's wishes.
This position is expected to be part of the White House staff and has no direct legal authority over federal agencies managing the southern border. In 2017 under Trump's first administration, Homan was appointed as the acting Director of U.S. Immigration and Customs Enforcement ("ICE") and played a key role in designing and carrying out the highly controversial family separation policy. Homan was unable to secure the permanent position of Director of ICE as the Senate never acted on his nomination. The role of "Border Czar" is not subject to Senate confirmation; thus, the assumption is that Homan will begin in his new role with the administrative change.
Medical Exam Requirements for AOS: A Review
There have been changes to the medical examination (Form I-693) requirements for Adjustment of Status ("AOS" or "green card") applications over the years which have been, at times, difficult to follow for many applicants. Importantly, USCIS announced in April 2024 that medical forms completed on or after November 1, 2023, will remain valid indefinitely. This update addressed issues caused by the prior 60-day expiration rule. Due to congressional numerical limitations on the immigrants admissible to the U.S., there is a historic backlog in various immigration categories, meaning that many wait for years, or even decades, before their immigrant applications can be filed or adjudicated. Due to the prior 60-day validity period, applicants would typically file their applications without medical forms, waiting for USCIS to issue an RFE to obtain the medical form, or would face the form expiring, meaning they would have to redo and resubmit the examination. The 60-day rule proved to be ineffective and inefficient. With the new policy from USCIS, applicants can complete a medical examination at the time of filing the application without having to carefully plan for the medical examinations or having to respond to RFEs for the medical forms.
Another notable update is that CDC has recently updated the Technical Instructions for Civil Surgeons (who are authorized to complete medical forms for immigrants, Form I-693). Among other things, the latest instructions changed the requirements on Polio vaccine, which we reported on last month. The Polio vaccine was not required for adults prior to this update. The latest instructions (published on May 15, 2024) requires that anyone 2 months and older to receive such vaccine. Since this update is recent, many civil surgeons may not have changed their practices yet, thus, it is recommended that applicants remind the civil surgeons about this update when completing the I693 form.
Please contact your BIL Attorney with any questions about your medical exam.
December Visa Bulletin
The December visa bulletin has been released. The December bulletin is primarily the same as the November visa bulletin and USCIS is still accepting the Dates for Filing chart in December. Notably, in the Final Action Chart for India, EB-2 moves from July 15, 2012 to August 1, 2012, and EB-3 moves from November 1, 2012 to November 8, 2012.
AILA reported: "The December 2024 Visa Bulletin does not provide guidance on expectations for the remainder of the fiscal year. AILA's DOS Liaison Committee met with the Visa Office on October 10, 2024. In response to a question about the Visa Bulletin, the State Department confirmed that they plan to advance the cut-off dates conservatively to gauge demand at the start of FY2025, like how they approached FY2024. They also anticipated fewer available employment-based numbers in FY2025 compared to FY2024."
CANADIAN BUSINESS IMMIGRATION UPDATES
New Regulations in Effect for International Student Program
On November 15, the Minister of Immigration, Refugees, and Citizenship confirmed new regulations concerning the International Student Program in the interest of ensuring the sustainability of the program, safeguarding against fraud, and protecting students. The new regulations include:
- Eligible students can now work up to 24 hours per week off campus while their classes are in session. To be eligible, international students must be studying full-time in a post-secondary academic, vocational, or professional training program that lasts at least 6 months and leads to a degree, diploma, or certificate.
- Eligible international students may work full-time between breaks in the academic calendar, including winter break between semesters and summer break between academic years.
- International students must now apply and be approved for a new study permit before changing learning institutions.
- Designated Learning Institutions (DLI) are expected to submit reports to IRCC twice a year to verify whether each study permit holder has remained enrolled.
These regulations will support the integrity of the International Student Program and provide eligible students with opportunities to gain meaningful experience in the workforce during their study programs.
Canada Ends Student Direct Stream and Nigeria Student Express Study Permit Streams
In the interest of providing equal opportunities for all international students, Canada has ended the Student Direct Stream (SDS) and the Nigeria Student Express (NSE), which offered faster processing times for eligible post-secondary students from certain countries including Antigua and Barbuda, Brazil, China, Colombia, Costa Rica, India, Morocco, Nigeria, Pakistan, Peru, Philippines, Senegal, St. Vincent and the Grenadines, Trinidad and Tobago, and Vietnam. Prospective students from all countries will need to apply through the regular study permit stream. The elimination of the SDS and NSE will not adversely impact eligibility of students from those countries for study permits, as all students, including those who were eligible through those streams, were required to meet the requirements of Canada's study permit application process.
Quebec's Immigration Plan for 2025
On October 31st, 2024, the Ministry of Immigration, Francization and Integration (MIFI) presented Quebec's Immigration Plan for 2025 TO THE National Assembly. As a part of this plan, it has immediately halted applications for the Regular Skilled Worker Program and the Quebec Experience Program (PEQ) – Graduate streams. Quebec has paused invitations for permanent residence under the current Skilled Worker Program (PRTQ) and the upcoming Qualified Skilled Worker Selection Program (PSTQ), which was scheduled to replace the PRTQ on November 29, 2024. Invitations issued before October 31, 2024, remain valid for 60 days and applications already submitted under the PRTQ will be processed according to the existing program terms. This suspension will last until June 30, 2025. The suspension does not impact the 18-month validity of job offers (VJO). MIFI will continue to process validation requests, and holders can use them once invitations resume on June 30, 2025.
Inadmissibility fees are increasing soon
The following fees are increasing on December 1, 2024:
- Restoration of temporary resident status (for visitors, students and workers)
- Authorization to return to Canada
- Criminal rehabilitation (including serious criminality)
- Temporary resident permit
IRCC has not yet provided details on the updated fee amounts.
NEW LEARNING OPPORTUNITIES
What is a Provincial Nomination and why does it matter now more than ever?
In this Canadian webinar Managing Partner, David Zaritzky Brown, and Managing Attorney, Clinton Green, will do a brief walk through of the current avenues for permanent residency in Canada while highlighting the trends in Canada's Express Entry program. Given recent pronouncements and provincial changes, it's become increasingly important to understand the opportunities created by the different Provincial Nomination streams to ensure applicants of all types can meet the necessary criteria to have a successful outcome. In highlighting the benefits of Provincial Nomination programs David and Clinton will walk attendees through several common examples and allow for ample time to answer questions of employers and employees in process alike.
REGISTER For November 21, 2024
North American Immigration Options – Corporate Immigration Strategies for U.S. and Canadian Markets
As a firm we cater to many companies that have existing U.S. and Canadian operations, and those that are now entering North America. Whatever stage of development you are in this session exists for those addressing a focus on North America. Managing Partner, David Zaritzky Brown will highlight the most common options used to seamlessly move international talent from other countries to North America. When it comes to comparative systems of immigration the U.S. and Canadian systems complement each other and there is some obvious overlap. With the search for talent an ongoing todo, building worldclass North American teams by leveraging immigration programs is a way to find key talent globally. David will compare and contrast elements of the Canadian system with the U.S. model and highlight how employers can create a dedicated funnel of opportunities to one or both countries and leverage the differences in each system to full advantage. After walking through a variety of scenarios and best practices David will throw it open to questions so you can better understand how these ideas may work for your recruiting needs.
REGISTER For December 10, 2024
H-1B Cap Season Key Takeaways and Advance Planning Considerations
A new year brings a new H-1B lottery selection in early 2025! We want to ensure you are ready for the new year and that includes answering all of your H-1B Cap lottery questions so you are ready to navigate the H-1B cap season. This talk with cover who should be included, how the H-1B works, and Cap selection in particular. David Brown, Managing Partner, will also speak to what to expect in terms of deadlines and timing, and how H-1B selection is then worked into an H-1B petition and the timing of that submission. David will also discuss H-1B Cap gap and contingency planning for those who are not selected.
*This webinar is offering SHRM Professional Development Credit.
REGISTER For December 12, 2024
CALLING ALL BUSINESS IMMIGRATION CLIENTS – What to Expect During Trump's Second Term
With less than two weeks until inauguration, many pressing questions remain about Trump's return to office. Will there be mass deportations? Will a Muslim ban be implemented? What will happen to H-1Bs and other Non-immigrant Visas? Are we likely to see a change in Green Card policy? Or visa delays and travel disruptions?
Join Managing Partner and Founder, David Zaritzky Brown, as he addresses these critical concerns regarding Trump's upcoming second inauguration and how these anticipated changes will affect our clients and their employees so that attendees can plan accordingly now! As always, David will take questions from attendees and ensure he has time to answer specific questions. Don't miss this opportunity to gain critical insights and prepare effectively for the future of immigration in the United States.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
