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WR Immigration News Digest

Mar 20, 2025 | Immigration Updates

Arrest of U.S. Permanent Resident Sparks Legal Debate

On March 8, 2025, ICE arrested Mahmoud Khalil, a Syrian immigrant and U.S. permanent resident, citing foreign policy concerns over his involvement in pro-Palestinian protests. Secretary of State Marco Rubio revoked his green card, alleging participation in “pro-Hamas” activities. A federal judge has since paused his deportation.

Legal experts warn this raises First Amendment and due process issues, as peaceful activism is typically protected. The case highlights shifting U.S. immigration policies that may impact global mobility, particularly for international employees engaged in political expression.

Impact: Global mobility teams should be aware of changes that may broaden deportation or visa revocation grounds, particularly for foreign national employee political activity.

DHS Introduces New Registration and Fingerprinting Requirements

Effective April 11, 2025, the Department of Homeland Security (DHS) requires certain noncitizens in the U.S. to register and be fingerprinted using the newly designated Form G-325R. Individuals over 14 staying for more than 30 days must comply within that period, with limited exceptions (e.g., pre-registered visa holders, A/G visa holders). Parents and legal guardians must ensure children under 14 are registered, and permanent residents who obtained green cards before age 14 must register upon turning 14 via Form I-90 instead of G-325R.

Failure to comply may result in fines up to $5,000 or imprisonment. Registered individuals must carry proof of registration and report address changes to DHS.

Impact: Employers should determine scope of potentially impacted employees or international business visitors   and ensure their awareness of these requirements to avoid penalties.

April Visa Bulletin Announces EB-5 Retrogression and EB-4 Unavailability

The April 2025 Visa Bulletin reports significant retrogression of EB-5 final action dates for China and India due to increased demand and number use. Rising demand worldwide has also contributed to the backlog, and the Department of State warns that a final action date for Rest of World countries may be imposed if demand continues to rise.

Additionally, EB-4 immigrant visas, including for certain religious workers (SR category), remain unavailable for the rest of FY 2025. Visa availability will reset with the new fiscal year on October 1, 2025, allowing embassies and consulates to resume processing.

Impact: Global mobility programs should anticipate EB-5 delays, advise affected employees, and explore alternatives for EB-4 visa limitations.

DOS Resumes Processing of Following-to-Join Refugee Relatives

Following a court injunction in Pacito v. Trump, the Department of State (DOS) announced on March 14, 2025, that it has resumed processing for following-to-join relatives of refugees in the U.S. DOS will contact affected beneficiaries to reschedule previously canceled appointments and continue processing cases for those already interviewed. Applicants seeking to move forward must have a sponsor to cover medical exam and travel costs.

Impact: Global mobility teams should be aware of this development when advising employees with refugee family members. Employers sponsoring refugee workers may want  to provide guidance or support for impacted individuals navigating the process.

OFLC to Delete FLAG System Records

The Department of Labor’s Office of Foreign Labor Certification (OFLC) announced that its record deletion program will begin on March 20, 2025, at 12:00 AM. The following case records older than five years from the date of final determination will be deleted from the Foreign Labor Application Gateway (FLAG) system:

  • Prevailing Wage Determinations (PWD)
  • Permanent Labor Certification Applications (PERM)
  • Temporary Labor Certification Applications (H-2A, H-2B, CW-1)
  • Temporary Labor Condition Applications (H-1B, H-1B1, E-3)

Impact: Employers and legal representatives must download any affected records by March 19, 2025, to avoid data loss.

USCIS Increases Scrutiny on National Interest Waivers (NIWs)

USCIS has tightened standards for national interest waivers (NIWs), requiring stronger evidence for approval of this type of permanent residence process. Effective January 15, 2025, the updated policy applies to both new petitions as well as petitions pending with USCIS, due to a surge in filings. Employers can no longer justify NIWs based solely on a company’s national footprint or financial success; instead, they must demonstrate clear public benefits, such as advancements in healthcare or technology. Recommendation letters and business plans now carry less evidentiary weight unless supported by independent proof.

Additionally, applicants must show a direct connection between their degree or expertise and their proposed work. These changes will likely lead to more requests for evidence (RFEs), longer processing times, and increased petition denials.

Impact: Global mobility teams should prepare for NIW delays and heightened scrutiny, requiring stronger documentation and strategic petitioning. Employers must assess NIW viability and explore alternatives for ineligible employees. Increased RFEs and denials may impact workforce planning, making close coordination with immigration counsel essential.

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DOL Proposes to Delay Effective Date of H-1B/PERM Wage Rule Until May

The Department of Labor’s Employment and Training Administration has proposed to delay the effective date of a Trump administration rule, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” The implementation of the rule published in January will now be delayed until May 14, 2021. The notice states that the proposed delay “will allow agency officials the opportunity to review any questions of fact, law, or policy the rule may raise.” Comments may be submitted until February 16, 2021. It is expected that the rule will not go forward. Source: https://www.federalregister.gov/documents/2021/02/01/2021-02090/strengthening-wage-protections-for-the-temporary-and-permanent-employment-of-certain-aliens-in-the

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October 2024 Visa Bulletin Released – What It Means for EB-5 Investors

By Joey Barnett and Charlie Oppenheim The Department of State has just released the October 2024 Visa Bulletin, and it shows very good news for the new Reform and Integrity Act EB-5 program and for Chinese and Indians waiting in line under the prior EB-5 program. Here is some preliminary thoughts from WR Immigration on the new October 2024 Visa Bulletin. First, it is predicting that the reserved visa categories, that is rural, high unemployment and infrastructure will remain open for most, if not all of FY2025 which starts in a few weeks on October 1, 2024, and ends September 30, 2025. Despite strong demand and the possibility of a final action date cutoff being established, applicants from China and India and all other countries will continue to be able to concurrently file adjustment of status applications under the reduced investment of $800,000 for the next few months, and possibly for most of 2025. This is a huge advantage as they get 5 year work and travel permits and those on H-1Bs are no longer tied to their employers. Second, applicants from China and India who applied under the old EB-5 program also see considerable forward movement in the waiting […]

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