WR Immigration News Digest

Feb 6, 2025 | Immigration Updates

DHS Pauses Humanitarian Parole Programs

On January 23, 2025, USCIS paused various humanitarian parole programs for review following an order from DHS leadership. The suspension affects programs for Ukrainians, Cubans, Haitians, Nicaraguans and Venezuelans. The DHS directive halts new and renewal applications under the Uniting for Ukraine (U4U) program, though it is not officially terminated. Practitioners advise Ukrainians in the U.S. to stay informed and avoid international travel due to stricter reentry policies. Additionally, DHS Secretary Kristi Noem canceled the latest Venezuelan TPS extension, ending it by April 1 or September 10, 2025, depending on arrival dates, affecting over 300,000 Venezuelans.

Impact: The suspension of humanitarian parole programs and the cancellation of Venezuelan TPS extensions have significant implications if impacted employees are unable to obtain alternative status and work authorization.  Employers should connect with outside counsel for guidance.

CBP Clarifies Advance Parole Guidance; Practitioners Urge Caution

On January 22, 2025, CBP clarified that the executive order terminating categorical parole programs does not affect individuals with valid Form I-512 (advance parole) or those processed for Significant Public Benefit Parole. However, immigration practitioners urge caution for travelers. Employees should maintain their underlying visa status, prioritize H or L visas for reentry and defer unnecessary travel until CBP guidance is fully implemented. Those traveling with parole documents should prepare for longer inspections and carry supporting documentation, such as I-485 receipt notices, to confirm pending applications.

Impact: HR professionals must navigate increased travel risks and work authorization concerns as CBP tightens reentry rules. Employees relying on advance parole may face delays or denials, requiring HR to ensure compliance, advise on safe travel options and support those needing valid work visas to prevent disruptions to relocations and business operations.

President Trump Orders Guantanamo Bay Expansion to ‘Full Capacity’

On January 29, 2025, President Trump ordered the expansion of the Migrant Operations Center at Guantanamo Bay to full capacity to detain high-priority criminal migrants. Citing border security and cartel dismantling, he stated that some detainees would be held indefinitely rather than deported.

Impact: HR and mobility professionals should be prepared for potential mobility disruptions, including delays and employee safety, and prioritize clear communication and legal compliance.

H-1B Cap Registration Period and Process Changes Announced for FY 2026

USCIS has announced that the registration period for the FY 2026 H-1B cap will open on 3/7/25 and close on 3/24/25. During this period, petitioners and representatives must use a USCIS online account to electronically register each beneficiary and pay the $215 H-1B registration fee. The announcement also covers changes to organizational accounts for FY 2026.

Impact: Internal Immigration Teams should alert internal stakeholders and workers to be sponsored of registration timeframe and deadlines, and note the process improvements and increase on credit payment cap from $24,999 to $99,999 per day.

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WR Immigration News Digest

Judge Blocks Birthright Citizenship Ban for Children of Noncitizens On July 10, 2025, a federal judge issued a preliminary injunction blocking enforcement of a Trump administration executive order that sought to deny U.S. citizenship at birth to children born on or after February 20, 2025, to certain noncitizen parents. The order targeted families where the mother was either undocumented or present on a temporary visa, and the father was not a U.S. citizen or green card holder. The court certified a class of impacted children and found the policy likely violates the Fourteenth Amendment, which has guaranteed birthright citizenship for over a century. The judge emphasized the potential for immediate and irreversible harm if the order were enforced. Impact: This ruling temporarily protects U.S. birthright citizenship nationwide for children of foreign national employees on temporary visas. Employers should monitor developments, as changes could affect dependent eligibility, assignment planning, and long-term workforce mobility strategy. DHS Ends TPS for Honduras and Nicaragua On July 7, 2025, the Department of Homeland Security announced it will terminate Temporary Protected Status (TPS) for nationals of Honduras and Nicaragua, effective September 8, 2025 – 60 days after official notice in the Federal Register. After that date, […]

Rapid-Fire Wednesdays Q&A |Preparing for H-1B CAP| 2/19/2025

The transcript version of our weekly Q&A livestream for corporate immigration professionals. Join our Immigration News Digest Newsletter for more immigration updates. By Kimberley (Best) Robidoux & Miki Kawashima Matrician 🔥 Question: What is the significance of the H-1B cap season for employers and foreign nationals? Response: Just as tax season is a crucial time for accountants, H-1B cap season is critical for immigration attorneys and organizations sponsoring foreign nationals for professional roles under the H-1B category. The U.S. fiscal year runs from October 1st to September 30th, and since H-1B petitions can be filed six months in advance, April 1st marks the first day for H-1B cap-subject petition filings. Due to the limited number of available “visas”, employers must file petitions and hope their candidates secure a spot through the lottery system. 🔥 Question: How has the H-1B cap process evolved in recent years? Response: Since 2020, USCIS has conducted the H-1B cap lottery using an online registration process. Prior to this change, immigration professionals had to prepare full H-1B cap petitions and wait months for lottery results. Now, a simpler online registration occurs in March, followed by a random computer-generated selection process later that month. However, HR and […]