Immigration Updates For November 2024

A monthly publication of the International Law and Immigration Section of the California Lawyers Association.

• Editor-in-Chief: Radhika Balaji
• Contributions by Anitha Tamizharasan

DHS and DOL to Issue Over 64,000 Additional H-2B Visas for Fiscal Year 2025

On November 27, 2024, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have announced a temporary final rule authorizing 64,716 additional H-2B temporary nonagricultural worker visas for fiscal year 2025. These supplemental visas are designed to assist industries such as hospitality, landscaping, and seafood processing that face labor shortages. Of the total, 44,700 visas are designated for returning workers, while 20,000 are reserved for nationals from specific countries in Central America and Haiti. The visas are distributed across four time periods in FY 2025, each with distinct application timelines and start dates. Employers must demonstrate substantial harm without these workers, conduct U.S. labor market testing, and obtain DOL certification. Measures to prevent worker exploitation and ensure compliance are included in the rule.

For more information, visit here.

Lebanon Designated for Temporary Protected Status: Federal Register Notice Published

On November 26, 2024, the Department of Homeland Security (DHS) has published a Federal Register notice officially designating Lebanon for Temporary Protected Status (TPS) for 18 months. Initially announced by Secretary Alejandro N. Mayorkas on October 17, 2024, this designation enables eligible Lebanese nationals, as well as stateless individuals last residing in Lebanon, to apply for TPS. Approximately 11,000 individuals who have continuously resided in the United States since October 16, 2024, and have been physically present since November 27, 2024, may now submit their applications. The registration period runs from November 27, 2024, through May 27, 2026. Eligible applicants can file Form I-821 for TPS and Form I-765 for Employment Authorization Documents (EADs). Additionally, a Special Student Relief notice accompanies this designation, permitting F-1 Lebanese students to apply for employment authorization, work additional hours, and reduce their course loads while maintaining F-1 status. For details on eligibility and application processes, refer to the Federal Register notice or visit here.

CBP Introduces Global Entry Partnership with Japan

U.S. Customs and Border Protection (CBP), on November 26, 2024, has announced Japan as the 18th Global Entry partner, enhancing travel and security cooperation between the two nations. This partnership allows pre-approved, low-risk Japanese travelers to benefit from expedited customs and immigration processes when entering the U.S. Applicants undergo thorough background checks, interviews, and Japanese government vetting. The initiative bolsters secure travel, trade, and cultural exchange while supporting airport modernization. Global Entry members also enjoy TSA PreCheck for faster domestic screenings and can use the Global Entry Mobile App for simplified entry. Partner countries include Germany, India, the United Kingdom, and a few others. The announcement is available here.

CBP Honors Exceptional Employees at Annual Awards Ceremony

U.S. Customs and Border Protection (CBP) celebrated the achievements of over 360 employees at the Commissioner’s Annual Awards Ceremony on 20 November 2024, held at the Daughter of the American Revolution Constitution Hall in Washington, D.C. The awards recognized exceptional service across 22 categories, including heroism, integrity, leadership, and volunteer service. Honorees played key roles in enhancing border security, combating transnational crime, and safeguarding communities. Over the past two years, CBP has seized over 50,000 pounds of fentanyl, intercepted forced labor-linked shipments, and confiscated counterfeit goods valued at more than $366 million. Senior Official Troy A. Miller praised CBP employees for their dedication and resilience, acknowledging their vital contributions to national security. For additional details, click here.

DHS Restricts Goods from 107 PRC-Based Companies Due to Forced Labor Practices

The Department of Homeland Security (DHS), on behalf of the Forced Labor Enforcement Task Force (FLETF), has announced on November 22, 2024, the addition of 29 new companies from the People’s Republic of China (PRC) to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, raising the total number of entities on the list to 107. This action reflects the ongoing commitment to combating forced labor in U.S. supply chains and holding perpetrators of human rights violations accountable, particularly in the Xinjiang Uyghur Autonomous Region (XUAR).

Commitment to Ending Forced Labor

Secretary of Homeland Security Alejandro N. Mayorkas emphasized the importance of the UFLPA in addressing forced labor, noting, “Forced labor is a violation of basic human rights,” and highlighting the DHS’s efforts to protect U.S. businesses from inadvertently profiting from such practices. The addition of these companies to the Entity List marks a continued commitment to safeguarding global trade and workers’ rights.

Enforcement Measures

Effective November 25, 2024, U.S. Customs and Border Protection (CBP) will implement a rebuttable presumption that goods produced by the newly listed entities, particularly those sourced from the XUAR or linked to Uyghur and other minority labor trafficking practices, will be prohibited from entering the U.S. unless CBP determines with clear evidence that the goods were not made with forced labor.

The UFLPA Entity List has also been updated with corrections, including the renaming of Xinjiang East Hope Nonferrous Metals Co., Ltd. to clarify its distinction from another entity.

The UFLPA’s Impact

Since its enactment, the UFLPA has significantly impacted U.S. supply chains. DHS’s efforts, through its enforcement of the act, have led to the examination of over 10,000 shipments, valued at more than $3.6 billion. The expansion of the Entity List underscores the U.S. government’s commitment to ethical sourcing and global labor rights.

For more information on the FLETF’s work and to access the updated UFLPA Entity List, visit the DHS website at here.

CBP Partners with Safe Skies LLC to Enhance Luggage Inspection Tools

On November 20, 2024, U.S. Customs and Border Protection (CBP) announced it partnership with Safe Skies LLC under the Donations Acceptance Program to provide TSA Universal Master Tools and training to CBP officers at ports of entry. These tools enable officers to efficiently open and re-lock Safe Skies compatible luggage locks during inspections, ensuring traveler convenience and luggage integrity. “This partnership enhances accessibility for authorized personnel to inspect luggage while safeguarding borders and protecting the public,” said Diane J. Sabatino, Acting Executive Assistant Commissioner, Office of Field Operations. Safe Skies founder David Tropp expressed enthusiasm for the collaboration, highlighting the mutual benefits for CBP and travelers. The initiative streamlines inspections, reduces wait times, and minimizes luggage damage, fostering a collaborative effort to improve security and the travel experience. Public-private partnerships like this support CBP’s Resource Optimization Strategy, enhancing services and infrastructure at ports of entry. For more details, visit here.

USCIS Revises Guidance on Custody Criteria for Children Seeking U.S. Citizenship

USCIS has updated guidance on legal and physical custody requirements for children acquiring U.S. citizenship under INA sections 320 and 322 and claims under former INA section 321. Key updates include expanded criteria for legal custody, clarification on physical custody, and detailed instructions for adjudicating derivation claims. Effective November 19, 2024, the changes ensure consistent determinations and align with Executive Order 14012 to reduce citizenship barriers. For more details, refer to the policy alert.

DHS Updates List of Countries Eligible for H-2A and H-2B Visa Programs

DHS, in collaboration with the Department of State, has released the updated lists of countries eligible for H-2A and H-2B visa programs, effective Nov. 8, 2024. Belize has been added to the list, and no countries were removed. Nationals from designated countries can participate in these programs until Nov. 7, 2025, while USCIS may consider petitions from non-designated countries on a case-by-case basis. For more information on this announcement that was published on November 18, 2024, visit the H-2A and H-2B program pages.

DHS Carries Out Removal Flight to China

The U.S. Department of Homeland Security (DHS) conducted a third large-scale removal flight to the People’s Republic of China (PRC) on November 16, 2024, carrying Chinese nationals without legal status in the United States. This operation highlights ongoing DHS cooperation with international partners, including the PRC, to combat illegal immigration and human smuggling networks. DHS continues to enforce immigration laws by swiftly returning individuals without a lawful basis to stay and promoting safe, legal migration pathways. Since the implementation of President Biden’s Proclamation in June 2024, DHS has executed over 640 repatriation flights to more than 155 countries, marking a significant increase in removals in FY2024.

CBP Adjusts Operating Hours at Northern Border Ports of Entry

U.S. Customs and Border Protection (CBP), in collaboration with the Canada Border Services Agency (CBSA), will implement changes to the hours of operation for 38 northern border ports of entry starting at midnight on January 6, 2025. These updates aim to enhance border security while supporting legitimate cross-border trade and travel. CBP officers will be reassigned to busier locations to maximize resource efficiency and strengthen national security efforts. The adjustments formalize existing hours at 13 ports, expand hours at eight ports, and reduce hours at a few to align resources with operational needs. Travelers will have alternative crossing options within a reasonable distance. These changes were coordinated with CBSA to ensure seamless operations on both sides of the border. Most northern border ports, including those operating 24/7, will remain unaffected. For details on updated operating hours by state, visit https://www.cbp.gov/newsroom/national-media-release/cbp-aligns-hours-operations-northern-border-ports-entry.

DHS to Increase H-2B Visa Cap by Nearly 65,000 for FY 2025

The Department of Homeland Security (DHS), in coordination with the Department of Labor (DOL), has announced on November 15, 2024. the availability of 64,716 additional H-2B visas for Fiscal Year 2025, beyond the usual 66,000 cap. These visas will help meet the seasonal labor needs of U.S. businesses in industries such as hospitality, landscaping, and seafood processing. The allocation includes 20,000 visas for workers from select countries and 44,716 for returning workers. DHS aims to provide businesses with ample time to plan ahead, while ensuring robust protections for both U.S. and foreign workers. For more information, visit the USCIS H-2B page.

USCIS Clarifies Lawful Admission Requirement for Naturalization

On November 14, 2024, U.S. Citizenship and Immigration Services (USCIS) has updated its policy manual to clarify that naturalization applicants must demonstrate they were lawfully admitted for permanent residence in accordance with all immigration laws in effect at the time of admission or adjustment. This update aligns with the 4th Circuit’s decision in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024), stating that the lawful admission requirement applies to the initial admission or adjustment, regardless of whether they were lawfully admitted for permanent residence at the time of any subsequent reentries to the United States. The guidance is effective immediately and applies to all pending and new naturalization requests. For more details, visit the Policy Alert.

Department of Homeland Security Unveils New Framework for Safely Deploying AI in Critical Infrastructure

On November 14, 2024, the Department of Homeland Security (DHS) released a groundbreaking set of guidelines called the “Roles and Responsibilities Framework for Artificial Intelligence in Critical Infrastructure.” This framework, developed with input from industry, academia, civil society, and government, provides recommendations for ensuring the safe use of AI across critical infrastructure sectors such as energy, transportation, and telecommunications. The framework outlines responsibilities for key stakeholders, including cloud providers, AI developers, infrastructure operators, civil society, and public sector entities, aiming to enhance security, protect civil rights, and promote responsible AI deployment. The DHS emphasizes the importance of collaboration to ensure AI’s potential benefits while mitigating associated risks.

Immigration Medical Exam Valid Indefinitely for Certain Afghan Nationals

US Citizenship and Immigration Services (USCIS) has updated its policy guidance on November 13, 2024, to confirm that immigration medical examination documentation for certain Afghan nationals who arrived during Operation Allies Welcome (OAW) is now valid indefinitely. These individuals, meeting specific conditions, will not need to repeat their medical exams when applying for lawful permanent resident status (Green Card). This policy change is effective immediately for any Form I-485 applications pending or filed on or after November 13, 2024. The update aligns with a recent Centers for Disease Control and Prevention decision. For more details, visit the Policy Alert.

U.S., Canada, and Finland Sign Agreement to Collaborate on Arctic and Polar Icebreaker Development

The United States, Canada, and Finland signed a Memorandum of Understanding (MOU) on November 13, 2024, to collaborate on the development and production of Arctic and polar icebreakers. This agreement builds on the ICE Pact launched at the NATO Washington Summit in July 2024, aiming to strengthen international cooperation in the Arctic and Antarctic regions. The partnership focuses on improving shipbuilding capabilities, enhancing security, and fostering a competitive, resilient shipbuilding industry. The ICE Pact involves sharing knowledge, developing a skilled workforce, engaging with allies, and investing in research and development to meet the growing demand for these essential vessels. For more details, visit here.