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WR Immigration News Digest

Feb 26, 2025 | Immigration Updates

President Trump Announces “Gold Card” Residency Program for Wealthy Foreign Investors

President Donald Trump announced a new “Gold Card” residency program, allowing wealthy foreign nationals to obtain U.S. permanent residency and a pathway to citizenship in exchange for a $5 million investment. The program, which Trump said will launch in two weeks, aims to attract high-net-worth individuals by offering green card privileges and expedited citizenship eligibility.

Commerce Secretary Howard Lutnick confirmed that the Gold Card will replace the EB-5 immigrant investor visa program, which currently grants green cards to foreign investors who create U.S. jobs with a minimum investment of $1.05 million (or $800,000 in targeted employment areas). The EB-5 program has faced bipartisan criticism for fraud concerns and lack of oversight, leading to multiple reform efforts in recent years.

This shift could significantly impact investment-based immigration, eliminating the EB-5 program and introducing a higher financial threshold for residency sponsorship.

Impact: Global mobility teams should monitor implementation details and assess how this change may affect foreign investors and corporate immigration strategies.

U.S. Implements New Alien Registration Requirement

On January 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order directing U.S. Department of Homeland Security (DHS) to enforce alien registration requirements under INA §262 (8 U.S.C. 1302); a provision of the law that has never really been an enforcement priority. Announced on February 25, 2025, this new process is based on the creation of a USCIS online account with a new form and process. Non-citizens staying in the U.S. for 30 days or longer must register and be fingerprinted, unless already accounted for through existing immigration processes. Failure to comply may result in criminal and civil penalties.

Most non-citizens are already registered, including Green Card holders, I-94 recipients, parolees, individuals in removal proceedings, and EAD holders. However, some remain unregistered, such as undocumented individuals, certain Canadian visitors, and some DACA or TPS applicants.

To comply, DHS will introduce a new registration process launching February 25, 2025. Non-citizens required to register should create a USCIS online account in preparation. Parents or guardians must submit applications for children under 14. Further details will be provided by DHS.

Impact: While registration does not grant immigration benefits or work authorization, failure to comply could result in enforcement actions, which may impact visa processing, future immigration applications, and workforce stability. Employers, in conjunction with legal counsel,  may educate foreign national employees, monitor updates, and provide compliance guidance to mitigate risks.

Immigration Compliance Alert: I-9 Audits Underway

I-9 audits have begun, with reports confirming enforcement activity in the Seattle area, San Diego and other cities. Employers should take immediate steps to ensure compliance and verify that all Form I-9 records are properly completed and retained.

If an employer discovers missing Form I-9s for any employees, it is advisable to complete the missing forms as soon as possible. While late completion does not eliminate liability, it demonstrates a good faith effort to comply with federal requirements.

Impact: Employers should consult with legal counsel or immigration professionals for guidance on best practices and audit response strategies. In addition, global mobility teams should collaborate with HR and compliance teams to review work authorization expirations and re-verification procedures of foreign national employees, ensure proper documentation is on file based on company policies and legal requirements, and proactively address any compliance gaps.

DHS Revokes Work Authorization Extension for Hong Kong DED Beneficiaries

On January 15, 2025, then-President Biden issued a memorandum extending Deferred Enforced Departure (DED) for certain Hong Kong residents from February 5, 2025, to February 5, 2027. The directive also instructed the Department of Homeland Security (DHS) to provide continued work authorization through the same period. However, on February 18, 2025, DHS confirmed that while the DED extension remains in effect through 2027, employment authorization documents (EADs) for Hong Kong DED beneficiaries have not been extended at this time. This decision means that individuals covered by DED may no longer have valid work authorization unless further action is taken.

Impact: Employers should immediately review the work authorization status of Hong Kong DED beneficiaries based on work authorization expiration dates and prepare for potential employment disruptions. Global mobility teams should monitor DHS guidance for possible updates on EAD renewals and explore alternative visa options for affected employees.

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USCIS Announces Results of FY 2024 H-1B Initial Registration Period Amid Fraud Concerns

U.S. Citizenship and Immigration Services (USCIS) announced the results of the fiscal year (FY) 2024 H-1B initial registration period and expressed concerns about fraud.  During the registration period for the FY 2024 H-1B cap, USCIS saw a significant increase in the number of registrations submitted compared to prior years. For FY 2024, total registrations were 780,884, with 110,791 registrations selected. By comparison, for FY 2023, there were 483,927 total registrations, with 127,600 selected. The total number of H-1B visas that can be issued each year is 85,000, of which, 20,000 are reserved for candidates holding advanced degrees from U.S. universities.  USCIS said that the large number of eligible registrations for beneficiaries with multiple eligible registrations, which was much larger than in previous years, “has raised serious concerns that some may have tried to gain an unfair advantage by working together to submit multiple registrations on behalf of the same beneficiary. This may have unfairly increased their chances of selection.” USCIS said that each petitioner signs an attestation under penalty of perjury, and that if the agency finds that the attestation was not true and correct, it may deny the petition or revoke approval, and may refer the petitioner for investigation […]

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Immigration Update

In this edition, find the latest news on Increases to Premium Processing Fees, DOS’ Supplemental Questionnaire, updates to DOS’ Pilot Program, and more! DHS Increases Premium Processing Fees On February 26, 2024, the Department of Homeland Security will increase premium processing fees charged by U.S. Citizenship and Immigration Services (USCIS): A table in the final rule shows that overall, of those eligible for premium processing in fiscal years 2018 through 2022, 57 percent chose to submit a premium processing request: If USCIS receives a Form I-907 postmarked on or after February 26, 2024, with the incorrect filing fee, it will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt, USCIS said. Details:  Back to Top DOS Proposes Supplemental Questionnaire for Passport Applications The Department of State (DOS) has published a 60-day notice seeking public comment on a proposed supplemental questionnaire to an existing passport application that would solicit information relating to the respondent’s identity, including family and birth circumstances, that is needed before passport issuance. If such information on Form DS-5513 is needed, a passport agency will […]

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