January 2025 Immigration Law Update: Key Changes and Insights
Laken Riley Act - Major Legislative Change
On January 29, 2025, the Laken Riley Act was signed into law after passing both Houses of Congress. This new law grants state Attorneys General the power to sue countries that refuse to accept their deported nationals, including nations like India, China, Russia, Venezuela, and Cuba. The statute creates a path for federal litigation that could potentially suspend all visa processing from these countries.
What does this mean for nonimmigrants?
Given the potential for visa processing delays or suspensions from countries covered by this law, nonimmigrants from these nations are advised to reconsider any international travel plans for the time being. We strongly recommend staying in the U.S. until we have more clarity on how this law will be enforced.
What should you do if you're affected?
If you're a nonimmigrant from one of the affected countries, please contact us for advice on how to manage your immigration status. This situation is evolving, and we'll keep you updated on the latest developments.
H-1B Site Inspections: Be Prepared
USCIS has conducted random, unannounced site visits for H-1B petitioners for over 15 years to verify company details, job responsibilities, pay rates, and more. It’s essential for companies to be ready for these inspections at any time.
What to expect during an H-1B site visit
USCIS officers may visit your office or, if applicable, your employee’s home if they are telecommuting. These officers typically arrive in business casual attire and will ask to see documentation related to the employee’s role and employment. Be sure to have a point person on-site and know where the necessary records are kept.
How we can help
We recommend establishing a plan for handling site visits and making sure your company is ready. Contact us to help you prepare and ensure compliance.
I-9 Readiness: Prepare Now for Rising Immigration Enforcement
With increased attention on immigration enforcement, it’s critical to ensure your I-9 forms are in order. The Department of Homeland Security (DHS) allows employers to conduct internal I-9 audits, which can help identify and correct any errors before ICE comes knocking.
Why conduct an internal I-9 audit?
An internal audit can save you time, money, and avoid fines. It’s a good practice to make I-9 audits a regular part of your company’s compliance efforts.
What steps should you take now?
Consider developing an I-9 policy manual for your company and scheduling regular audits. We can guide you through the process to ensure compliance.
Annual H-1B CAP Lottery: Changes to Filing Fees
For the upcoming 2025 H-1B CAP registration period, the filing fee has increased from $10 to $215 per person. The registration window will open from March 6 to March 20, 2025.
What’s the impact?
While the filing fee increase is significant, no other major changes are expected in the H-1B process this year. If you plan to participate in the CAP lottery, we recommend preparing your registration early.
“Deference Memo” Now Law: More Protection for H-1B Extensions
A significant change for H-1B extensions: The "Deference Memo" has now been codified into law, providing more protection for companies and employees applying for H-1B extensions. This regulation prevents USCIS from arbitrarily reversing previously approved cases.
What does this mean for your H-1B extension?
This is a positive development for H-1B extensions, offering more security for companies. We will be referencing this law when filing all H-1B extensions going forward to ensure the best possible outcome.
Public Charge Rule: Potential Impact
Although President Biden’s Executive Order eliminated the I-944 form (a requirement under Trump’s administration for Adjustment of Status applicants), there is concern that the rule may be revived under President Trump’s recent actions. This would reintroduce the I-944 form and its associated burdens.
What should you do?
Stay informed about any developments regarding the reintroduction of the I-944 form and let us help you prepare for any changes that might affect your Adjustment of Status process.
CAP-GAP Extension Protection: Expanded for OPT Employees
The CAP-GAP extension period for OPT employees selected in the H-1B CAP lottery has been extended from October 1 to April 1, providing an extra six months to manage the transition from OPT to H-1B status without the need for premium processing.
How does this affect OPT employees?
This new rule offers additional flexibility for OPT employees selected in the H-1B CAP lottery and eliminates the need for expensive premium processing. Contact us for guidance on how this can benefit your employees.
These are just a few of the key updates affecting our clients. We’ll continue to monitor these changes and provide guidance as the situation evolves. Please contact us if you have any questions or need assistance navigating these new developments.
