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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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Immigration Update

In this edition, find the latest news on Hurricane Ian-related guidance from the DOL’s Office of Foreign Labor Certification and other related agencies, the lifting of COVID-related travel restrictions on the Canadian border, USCIS’ extension of Green Card validity to 24 Months for renewals, and more.   Agencies Release Hurricane Ian-Related Guidance The Department of Labor’s Office of Foreign Labor Certification (OFLC) and the Department of Homeland Security (DHS), including U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), released guidance related to the effects of Hurricane Ian. OFLC OFLC issued disaster guidance on September 29, 2022, regarding reasonable case accommodations in light of the damage done by Hurricane Ian. Among other things, the guidance notes that the most effective means of communicating with OFLC is through the Foreign Labor Application Gateway (FLAG) or PERM Case Management System for each OFLC program. For employers or authorized attorneys or agents who are unable to communicate with OFLC through FLAG or the PERM system, the guidance provides alternative methods of contacting OFLC. DHS DHS issued guidance on September 28, 2022, reminding the public that ICE and CBP provide emergency assistance to individuals regardless of immigration status, and that DHS […]

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December 2022 Visa Bulletin – Update

On Thursday, November 17th, U.S. Citizenship and Immigration Services (USCIS) confirmed that it will honor the State Department’s Date for Filing chart from the State Department’s December 2022 Visa Bulletin. The December 2022 Visa Bulletin was released late in the monthly cycle which may be a sign that USCIS and State Department were wrestling with challenges internally before issuing this month’s Visa Bulletin. Most notably, the December Visa Bulletin introduces a final action priority date of November 1, 2022 for EB-2 “All Other Countries.” This restriction, also in place for dates for filing, for the EB-2 classification for “All Other Countries” this early in the government’s fiscal year may linger and may further challenge green card timelines for applicants previously planning to concurrently submit their I-140 Immigrant Petitions with their I-485 Adjustment of Status Applications. Lastly, the further retrogression for India EB-2 final action date (now October 8, 2011) will result in continued lengthy adjudication timelines for this category. Dates for Filing: Notes Family Based Information: USCIS to honor Dates for Filing chart for family-based applicants in December 2022. Please refer to the State Department’s full Visa Bulletin for further details available here.

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