Immigration Updates For January 2025

January 10, 2025

The Department of Homeland Security (DHS) is extending Temporary Protected Status (TPS) for El Salvadorfor 18 months, from March 10, 2025, to September 9, 2026, due to ongoing environmental disasters. This means 232,000 current beneficiaries can re-register to keep their TPS and work authorization. The 60-day re-registration period starts when the Federal Register notice is published. To prevent work permit gaps, DHS is automatically extending existing TPS-based work permits through March 9, 2026. Pending TPS and work permit applications will be processed normally.

El Salvador was initially designated for TPS on the basis of environmental disaster, following two separate massive earthquakes in 2001 that resulted in a substantial disruption of living conditions, at the request of the country’s government, and because El Salvador temporarily was unable to adequately handle the return of its nationals. After its initial designation, El Salvador’s TPS designation was extended 11 consecutive times under the same statutory basis of environmental disaster. On June 13, 2023, Secretary Mayorkas announced the reconsideration and rescission of the termination of TPS designation for El Salvador and extended the TPS designation on the basis of environmental disaster through March 9, 2025.

For full details, check the Federal Register notice or USCIS website.

January 10, 2025

On January 6, DHS, through ICE, carried out its fifth removal flight to China in under seven months, repatriating Chinese nationals with final removal orders. This flight is part of ongoing cooperation with China to combat illegal migration and human smuggling, contributing to a 62% decrease in encounters of Chinese nationals at the U.S. Southwest Border. Since June 2024, DHS has significantly reduced unlawful border crossings, including a 70% drop in encounters between ports of entry. DHS has also conducted over 740 international repatriation flights to 160+ countries, including China.

From the implementation of the June 4 Proclamation through the end of November, DHS has operated more than 740 international repatriation flights to more than 160 countries—including the PRC, Colombia, Ecuador, Peru, Egypt, Mauritania, Senegal, Uzbekistan, and India. In the previous fiscal year, FY2024, DHS removed or returned more than 742,000 individuals, more than any year since FY2010

For more details, visit DHS Removal Flight Announcement.

January 10, 2025

USCIS has reached the cap for the 20,716 additional H-2B visas for returning workers with start dates on or before March 31, 2025. The final receipt date for petitions was January 7, 2025.

However, USCIS is still accepting petitions for the 20,000 visas reserved for workers from Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, as well as petitions exempt from the cap.

On Dec. 2, the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly published a temporary final rule increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for all of fiscal year 2025.

Employers with unaccepted petitions are encouraged to apply under the country-specific allocation while visas remain available.

Only U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm (permanent and severe financial loss) if they cannot employ all the H-2B workers that they request on their Form I-129 petition may file H-2B petitions under this temporary increase. In addition, employers may only request workers who have been issued an H-2B visa or otherwise granted H-2B status in FY 2022, 2023, or 2024, unless they are petitioning for workers under the 20,000 country-specific allocation.

For full details, visit the USCIS H-2B visa page.

January 13, 2025

USCIS has announced updated filing procedures for Form I-140, Immigrant Petition for Alien Workers, following changes to the permanent labor certification process.  The U.S. Department of Labor (DOL) has begun issuing permanent labor certifications using a new edition of the Form ETA-9089, Application for Permanent Employment Certification, which is required for several of the Form I-140 classifications.

Since June 1, 2023, the DOL has required employers to use the Foreign Labor Application Gateway (FLAG) system for Form ETA-9089, collecting more details on job opportunities. Now, USCIS requires employers submitting Form I-140 to include a printed, signed Final Determination from DOL, which will be considered an original labor certification. For Schedule A occupations, Form I-140 petitions must include an uncertified Form ETA-9089, a signed Final Determination, and a valid prevailing wage tracking number. For National Interest Waiver (NIW) requests, Form I-140 must include Appendix A of Form ETA-9089 and the signed Final Determination.

These updates do not change USCIS processing but clarify the required documents for labor certifications, Schedule A applications, and NIW requests.

Find more details on the Petition Filing and Processing Procedures for Form I-140 page.

January 15, 2025

USCIS has updated its policy on EB-2 petitions with a National Interest Waiver (NIW). This guidance clarifies how USCIS evaluates:

Eligibility: Applicants must meet EB-2 requirements (advanced degree or exceptional ability).

NIW Criteria: We assess the relevance of the applicant’s work to national interest and their ability to advance the proposed endeavor.

Evidence: Letters of support, business plans, and other evidence help determine national importance. While not required, letters from interested government agencies or quasi-governmental entities in the United States (for example federally-funded research and development centers) can be helpful evidence and, depending on the contents of the letters, can be relevant to all three prongs.

This update, effective immediately, applies to all new and pending NIW petitions. For more info, visit Employment-Based Immigration: EB-2.

January 15, 2025

The Department of Homeland Security’s H-1B and H-2 final rules will take effect on January 17, 2025, modernizing and enhancing the H-1B and H-2 visa programs. USCIS will also release a revised Form I-129 to reflect these changes.

H-1B Final Rule: Streamlines approval, boosts flexibility, and strengthens program integrity.

H-2 Final Rule: Improves worker protections, adds consequences for violations, and provides more flexibility for H-2A and H-2B workers. Starting Jan. 17, USCIS will reject Form I-129 petitions using the 04/01/24 edition. Only the 01/17/25 edition will be accepted for petitions received on or after Jan. 17.

For more details, visit the USCIS website.

January 15, 2025

The Department of Homeland Security (DHS) announced on Jan. 10, 2025, an 18-month extension of Temporary Protected Status (TPS) for Venezuela, from April 3, 2025, to Oct. 2, 2026, due to ongoing political and economic crises in Venezuela.

Current TPS beneficiaries: Must re-register between Jan. 17, 2025, and Sept. 10, 2025, to maintain TPS and employment authorization.

Eligibility: Individuals must meet TPS eligibility criteria, including national security and public safety vetting.

EAD extension: Certain Employment Authorization Documents (EADs) are automatically extended until April 2, 2026.

TPS beneficiaries under the 2021 or 2023 designations will be allowed to re-register for the extension. Pending applications will be processed, and approved TPS will extend through Oct. 2, 2026.

For full details, including eligibility and procedures, refer to the Federal Register notice.

January 15, 2025

The Department of Homeland Security (DHS) announced on Jan. 10, 2025, an 18-month extension of Temporary Protected Status (TPS) for Sudan, from April 20, 2025, to Oct. 19, 2026, due to ongoing armed conflict and conditions that prevent safe return.

Current TPS beneficiaries: Must re-register between Jan. 17, 2025, and March 18, 2025, to maintain TPS and employment authorization.

EAD extension: Certain Employment Authorization Documents (EADs) are automatically extended until April 19, 2026.

Eligibility: TPS beneficiaries must continue meeting eligibility requirements, including national security vetting.

For more details on re-registration and EAD renewal, refer to the Federal Register notice.

January 15, 2025

The Department of Homeland Security (DHS) announced an 18-month extension of Temporary Protected Status (TPS) for Ukraine, from April 20, 2025, to Oct. 19, 2026, due to ongoing armed conflict and conditions preventing safe return.

Current TPS beneficiaries: Must re-register between Jan. 17, 2025, and March 18, 2025, to maintain TPS and employment authorization.

EAD extension: Certain Employment Authorization Documents (EADs) are automatically extended until April 19, 2026.

For more details on re-registration and EAD renewal, refer to the Federal Register notice.

January 16, 2025

In December 2024, border encounters hit 47,300, the lowest since July 2020, marking a 60% drop since the President’s proclamation last summer. DHS removed nearly 700,000 individuals in FY 2024—the most since 2010. Key actions include expanding biometric screening, fast-tracking removals, and increasing Border Patrol agents to over 24,000. The strategy is proving effective, but long-term change requires Congressional reform.

For full details, visit DHS press release.

January 17, 2025

Under Secretary Mayorkas, the U.S. Department of Homeland Security (DHS) has significantly bolstered border security, making it stronger than four years ago. Despite a historic rise in global migration, DHS has expanded capabilities, enhanced partnerships, and focused on workforce well-being.

Key results include:

• 60% drop in unlawful crossings from May-Dec 2024.
• 685,000 removals in FY 2024, a record high.
• 85% reduction in northern border encounters.
• Cutting-edge tech deployed to combat narcotics smuggling.

DHS has also worked internationally to curb irregular migration and human trafficking, leading to a 90% drop in migration through the Darien Gap. Efforts to expand lawful pathways include the Safe Mobility Initiative, helping over 10,000 refugees avoid dangerous border journeys.

For more details, visit DHS Fact Sheet.

January 21, 2025

Acting DHS Secretary Huffman announced two key directives to enhance border security and empower law enforcement:

Ending “Sensitive Area” Restrictions: The directive removes Biden-era guidelines restricting ICE and CBP enforcement near certain locations, enabling law enforcement to target criminals more effectively.

Ending Humanitarian Parole Abuse: The directive reinstates a case-by-case evaluation for humanitarian parole, reversing widespread abuse in the Biden-Harris Administration that allowed 1.5 million migrants to enter without proper vetting.

The new policies are aimed at preventing criminals from evading justice and restoring the original intent of the parole system. This action will return the humanitarian parole program to its original purpose of looking at migrants on a case-by-case basis. In all circumstances only when an individual alien demonstrates urgent humanitarian reasons or a significant public benefit derived from their particular continued presence in the United States arising from such parole.    

For more details, visit DHS Statement.

January 21, 2025

DHS has announced the immediate restart of the Migrant Protection Protocols (MPP), which allows the return of certain migrants to neighboring countries while they await removal proceedings.

Initially launched in 2019, MPP was suspended by the Biden Administration but has now been reinstated following legal challenges. The decision comes after a court ruling and a dismissal of the government’s appeal, reinforcing that the policy will remain in effect.

For more information, visit DHS Announcement.

January 22, 2025

Effective Jan. 22, 2025, USCIS will no longer require applicants for adjustment of status to provide proof of COVID-19 vaccination on Form I-693 when applying to become permanent residents of the US. No Requests for Evidence or Notices of Intent to Deny will be issued based on the absence of COVID-19 vaccination documentation. Applications will not be denied for this reason.

The announcement can be found here – Report of Immigration Medical Examination and Vaccination Record | USCIS

January 28, 2025

Following the Jan. 20, 2025 Executive Order, Securing Our Borders, USCIS is pausing the acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, while it reviews all categorical parole processes as required by the order.

The January 28^th announcement is available at Update on Form I-134A | USCIS

January 29, 2025

President Trump has signed the Laken Riley Act into law, which mandates the federal detention of illegal immigrants accused of serious crimes, including theft, burglary, assault on law enforcement, and offenses causing death or serious injury. Named after a Georgia nursing student killed by a criminal immigrant, the law aims to enhance public safety and prevent the release of violent offenders into U.S. communities.

For more details, visit Laken Riley Act Announcement.