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News Digest Special Edition: Understanding the January 20th Executive Orders

Jan 22, 2025 | Immigration Updates

Recent Executive Orders (EOs) have significant implications for immigration, creating critical priorities for employers and employees alike.

Below is an overview of the key areas affected and actionable recommendations to navigate these changes.

1. Maintaining Proof of Legal Status for Foreign National Workers

Employers must remind their nonimmigrant employees to:

  • Carry Required Documents at All Times: Employees and their family members must have updated I-94 records, I-797 approval notices, lawful permanent resident cards, and relevant visa documents readily available. Failure to do so can lead to problems.
  • Adhere to Job Specifications: Employees must strictly follow the job duties, worksite locations, and conditions outlined in their visa petitions. Any material changes in job conditions should be reported immediately for outside counsel to analyze for potential petition amendment.
  • Update Personal Information: Employees are required to keep their address updated with the employer, outside counsel, and USCIS using Form AR-11 to avoid legal complications.

Warning: Noncompliance can result in visa petition revocation, removal/deportation, and other severe consequences. Employers should ensure their workforce understands these obligations and provide resources to facilitate compliance.

2. Birthright Citizenship Policy Changes

The EO titled Protecting the Meaning and Value of American Citizenship introduces restrictions on birthright citizenship.  Effective February 19, 2025. Key changes include:

  • Eligibility Restrictions: Children born in the U.S. will not automatically receive citizenship if their parents are:
    • Unlawfully present in the U.S. and not U.S. citizens or lawful permanent residents.
    • Temporarily in the U.S. on nonimmigrant visas (e.g., B-1/B-2, F-1, H-1B, L-1, TN, O-1, P-1).

Recommended Actions for Work Visa Holders:

  • Plan to include children in future green card and immigration petitions.
  • Apply for or renew children’s U.S. passports using expedited processing to avoid delays.

Litigation Note: A federal judge has issued a temporary restraining order, blocking this EO for the time being. While its future is uncertain, employees should take precautions and secure documentation for their children promptly.

3. Travel Ban and Potential Restrictions

The EO titled Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats mandates a review of countries with potentially insufficient visa vetting processes. A travel ban could be implemented within 30 to 60 days. The same EO will implement extreme vetting for visa applicants, which would cause delayed visa issuance.

Advisory for Employees:

  • Nonimmigrant employees and their families are strongly advised to avoid travel during this period.
  • Visa applicants should plan for additional time when applying for visas at consulates abroad.

4. Increased Worksite Investigations

The EO titled Securing Our Borders allocates more resources toward enforcement, which could result in:

  • Increased USCIS/FDNS site visits.
  • Department of Labor investigation.
  • I-9 Notices of Inspection.
  • ICE Raids.
  • Discrimination investigations by the Department of Justice’s Immigrant and Employee Rights division.

Best Practices for Employers:

  • Conduct at least bi-annual internal audits for I-9 and Department of Labor compliance.
  • Ensure document retention policies and purging cadences meet legal requirements.
  • Train Front Desk and HR personnel and managers to handle unannounced investigations appropriately.

Conclusion: Staying Informed and Prepared

The changes introduced by these Executive Orders demand immediate attention from both employers and employees. By staying proactive, conducting regular compliance audits, and providing resources to your sponsored foreign nationals, you can mitigate risks and ensure adherence to evolving immigration policies. WR Immigration is closely monitoring policy developments and will share news as it becomes available. Please reach out to your designated attorney for assistance.

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Corporate + Counsel Special Edition:

Employment Based Immigrant Visa Limits Met for FY2024 – Q&A with Charlie Oppenheim (Past DOS Chief, Visa Controls) Charles Oppenheim, WR Immigration’s Director of Visa Consulting and a retired U.S. Department of State Chief of Visa Controls, brings unmatched expertise from decades of managing the Visa Bulletin. His experience provides unique insights into the “how” and “why” behind the Department of State’s—and to some extent, USCIS’s—approach to immigrant visa allocation and processing. Recent announcements that visa number limits have been reached for almost all employment-based categories have left many foreign nationals and their supporters puzzled, asking, “Why did this happen so early?” and “What does this mean for my clients, customers, colleagues, or me?” Fortunately, Charlie is here to expertly answer those questions. Ceri: The Department of State “State” recently announced that the annual limits for the EB-1, EB-3, EW and EB-5 (unreserved) categories have been reached. Can you explain the factors that contribute to these categories hitting their annual limits more than 1 month before the end of the fiscal year?  Charlie:   The State Department’s goal is to maximize number use under each of the various annual limits.  They do so by establishing monthly targets regarding the amount of […]

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