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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 the news this issue you’ll read about the refugee cap being raised, withdrawal of a Trump administration proposed rule regarding biometrics use, and relief for asylum applicants waiting for work authorization. President Biden Raises Refugee Cap to 62,500 in FY 2021 President Joe Biden revised the United States’ annual refugee admissions cap to 62,500 for fiscal year (FY) 2021, with a goal of 125,000 admissions for FY 2022. The announcement followed criticism after he announced plans to keep the number of refugee admissions at 15,000 this fiscal year primarily because of logistical concerns. President Biden said that the “sad truth is that we will not achieve 62,500 admissions this year. We are working quickly to undo the damage of the last four years.” He said that “we are going to rebuild what has been broken and push hard to complete the rigorous screening process for those refugees already in the pipeline for admission.” Details: “Statement by President Joe Biden on Refugee Admissions,” White House, May 3, 2021, https://www.whitehouse.gov/briefing-room/statements-releases/2021/05/03/statement-by-president-joe-biden-on-refugee-admissions/ DHS Will Withdraw Proposed Rule on Expanding Biometrics Collection Use Coming out today, the Department of Homeland Security (DHS) plans to withdraw a proposed rule concerning the use and collection of biometrics […]

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Time to Feast: EB-5 Visa Outlook in FY 2024

A denial of removal of conditions on an EB-5 case usually occurs because the jobs were not created, but a denial can also occur because of the source or path of funds, or fraud or misrepresentation.  I-829 denials are a daunting setback for EB-5 investors because the applicant and their family have usually been settled in the US for many years.

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