WR Immigration News Digest

Feb 13, 2025 | Immigration Updates

DHS Terminates 2023 Venezuela TPS, 2021 Designation Still Valid

On February 5, 2025, the Department of Homeland Security (DHS) announced the termination of Temporary Protected Status (TPS) for Venezuelan nationals under the 2023 designation, effective April 7, 2025. This does not affect Venezuelan nationals covered under the 2021 TPS designation, which remains valid until September 10, 2025. A legal challenge to the termination of the 2023 designation is anticipated, which may impact future developments.

Impact: Global mobility teams should review the status of affected employees and prepare for potential changes in work authorization.

Trump Offers U.S. Refuge to South Africa’s Afrikaners Amid Aid Cut

On February 7, 2025, President Trump signed an executive order halting foreign aid to South Africa and directing priority resettlement for Afrikaner refugees facing government-sponsored racial discrimination, including property confiscation. The order instructs the Departments of State and Homeland Security to prioritize Afrikaners for admission through the U.S. Refugee Admissions Program. However, some Afrikaner groups have expressed their desire to remain in South Africa.

Impact: Global mobility teams should monitor this development for potential impacts on refugee admissions and resettlement processes, particularly for affected employees or candidates.

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Immigration Update

In this edition, find the latest news on DHS’ announcement on DACA policy, the latest guidance for diversity visa selectees, USCIS’ updated guidance for religious workers, and more.   DHS Announces Final Rule to ‘Preserve and Fortify’ DACA Policy The Department of Homeland Security (DHS) announced a final rule to “preserve and fortify” the Deferred Action for Childhood Arrivals (DACA) policy for certain eligible noncitizens who arrived in the United States as children. DACA allows beneficiaries an opportunity to receive a renewable, two-year work permit. DHS said that DACA has allowed more than 800,000 young people, dubbed “Dreamers,” to remain in the United States. The rule, effective October 31, 2022, was published in the Federal Register on August 30, 2022. It continues the DACA policy announced in a 2012 memorandum from Janet Napolitano, then-Secretary of Homeland Security, that DACA recipients should not be a priority for removal. DHS received more than 16,000 comments during the public comment period. The final review codifies existing DACA policy, with limited changes, and replaces the DACA policy guidance set forth in the 2012 Napolitano memorandum. The final rule: Maintains the existing threshold criteria for DACA; Retains the existing process for DACA requestors to seek work […]

Good News for H-1B Applicants as Biden Administration Delays Wage-Based Selection Process for H-1Bs

Many H-1B applicants were extremely concerned about the prior administration’s proposed wage-based section system that would disadvantage recent U.S. graduates and certain professionals in favor of applicants with the higher paid jobs. DHS has indicated it will delay the effective date of the final rule titled “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions,” until December 31, 2021. The proposed rule amends the process by which USCIS would be selecting H-1B registrations for filing of H-1B cap-subject petitions. Under the delayed rule, USCIS would have first selected registrations based on the highest occupational employment statistics prevailing wage level that the offered wage equals or exceeds for the relevant standard occupational classification code and area(s) of intended employment.  If implemented, the rule would have favored higher paid occupations. Last Friday on February 5, 2021, USCIS announced the FY2022 H-1B cap initial registration period will open March 9, 2021.  The delayed final rule means this H-1B cap registration will follow current regulations, which is a lottery involving random selection.  For more information about the FY 2022 H-1B cap registration process and timeline, please read WR’s alert here. Sources: DHS delays effective date of H-1B selection final rule Federal Register, Modification Of Registration Requirement […]