Legal Blogs and Updates

Increase in Cap-Gap Extension Period

Currently, F-1 student visa holders who present an Employment Authorization Document (EAD) and an H-1B receipt will have their EADs extended until October 1 of the same calendar year. Under a final rule published by U.S. Citizenship and Immigration Services (USCIS) on December 18, 2024, these individuals will have their work authorization extended through April 1 of the following calendar year. This action was taken because each year an average of 26,961 H-1B petitions filed on behalf of cap-gap beneficiaries remain unadjudicated on October 1, thus creating a gap in employment authorization.

Contact us with questions about the cap-gap extension period.

Immigration Customs and Enforcement Updates Fine Matrix for Form I-9 Violations

In its first update published since 2023, Immigration Customs and Enforcement (ICE) has published an up-to-date Fine Matix establishing how fines for I-9 violations will be calculated after an audit. Need link to Fine Matrix here.

Contact us with questions about I-9 compliance.

Vacated: Extended Temporary Protected Status for Venezuelans

By revoking the extension of Temporary Protected Status (TPS) for over 500,000 Venezuelans in the United States, Kristi Noem, the Secretary of Homeland Security, has reversed protections granted by President Biden at the end of his term. This decision halts the relief from deportation and work permits for Venezuelans. Those who initially received TPS in 2021 will maintain their protections through September 2025, while those who obtained it in 2023 will lose their temporary status on April 2, 2025.

Contact us with questions about TPS for Venezuelans.

President Trump Issued an Executive Order Concerning Visa Options for Individuals with Artificial Intelligence Expertise

On January 23, 2025, President Trump signed an Executive Order (EO) that revokes a Biden Administration EO that recommended policies to facilitate access to O-1, EB-1, EB-2, and entrepreneur parole visa options for foreign nationals with expertise in Artificial Intelligence (AI). The Biden Administration EO had recommended changes to the USCIS Policy Manual, which included examples of acceptable evidence, particularly highlighting those in critical and emerging technologies, such as AI.

Contact us with questions about O-1, EB-1, EB-2, and entrepreneur parole visa options.

USCIS Provides Immigration Relief in Emergencies and Unforeseen Circumstances, Including the California Wildfires

In the wake of the wildfires outside Los Angeles, USCIS is reminding the public that is offers immigration services that may help people affected by unforeseen circumstances such as natural disasters.

USCIS will consider requests to undertake the following measures on a case-by-case basis:

• Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States;
• Reparoling individuals previously granted parole by USCIS;
• Expediting the processing of advance parole requests;
• Expediting the adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expediting the adjudication of petitions or applications, including employment authorization applications;
• Granting fee waiver requests due to an inability to pay;
• Being flexible when those who received a Request for Evidence or a Notice of Intent to Deny are unable to submit evidence or otherwise respond in a timely manner;
• Being flexible when applicants are unable to appear for a scheduled interview with USCIS;
• Expediting the replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card), Employment Authorization Document, or Form I-94, Arrival/Departure Record; and
• Rescheduling a biometric services appointment.

Contact us with questions about USCIS relief in emergencies.

Romania Has Been Added to the Visa Waiver Program

The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. To be eligible, travelers must have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel. On January 10, 2025, the Secretary of Homeland Security, in consultation with the Secretary of State, designated Romania as a participating country in the VWP. Romania is the 43^rd member of the VWP.

Contact us with questions about the VWP.

Department of State Issues Disappointing February 2025 Visa Bulletin

USCIS determined that, for February 2025, all Employment-Based (EB) preference categories must use the Final Action Dates chart in the Visa Bulletin. The Final Action chart shows retrogression in almost every Employment-Based (EB) preference category.

Contact us with questions about priority dates and the Visa Bulletin.

USCIS Waives COVID-19 Vaccine Requirement for Adjustment of Status Applicants

USCIS requires that a complete medical exam be submitted with all green card applications. On January 28, 2025, reversing its previous policy, USCIS announced it no longer requires applicants to provide evidence of COVID-19 vaccinations.  

Contact us with questions about the I-693 Medical Exam requirement.

Court Rules DACA is Unlawful

On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit upheld a lower court’s decision declaring DACA unlawful. However, it modified the lower court’s remedial order by limiting the injunction to Texas only (as opposed to a national injunction), and only to the work-authorization component. The court also maintained the stay on the ruling pending further appeal, meaning that the ruling will not go into effect until an appeal has been heard by the U.S. Supreme Court. That stay allows renewals to continue, keeping the status quo in place; the stay allows current DACA recipients to renew their DACA protections. In sum, nothing has changed for DACA recipients at this time.

Contact us with questions about DACA.