New Advocacy Section of Iandoli, Desai & Cronin Website

We are adding a new section to our website where we will share immigration advocacy resources like Know Your Rights flyers, information about volunteer opportunities to assist immigrants in Massachusetts and New England, links to nonprofit entities and immigrants’ rights advocacy groups, as well as information about state-level legislative efforts that would create positive immigrant-friendly policies in Massachusetts and New England. It will be updated on a monthly basis.

December 2024 Visa Bulletin

Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.

For the December Visa Bulletin, the EB-1 preference category on the Final Action Chart was published as being current for all countries other than China and India.

U.S. Citizenship and Immigration Services (USCIS) determined that Chart B (Dates for Filing Chart, Employment-Based Visa Applications) could be used by employment-based applicants in December, and Chart B (Dates for Filing Chart, Family-Based Visa Applicants) could also be used by family-based applicants in December. Both the EB-2 and EB-3 preference categories remain backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority dates become “current.”

The complete Visa Bulletin can be found on the Department of State website.

If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).

OFLC Releases Data and Program Statistics From Employers for Fourth Quarter of Fiscal Year 2024

The Department of Labor’s Office of Foreign Labor Certification (OFLC) has released data and selected program statistics for the fourth quarter of fiscal year 2024, along with the foreign labor recruiters list for the H-2B program. The releases include:

• A comprehensive set of public disclosure data drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

• Selected program statistics for the fourth quarter of fiscal year 2024 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

Department of Justice Reaches Settlement Agreement Regarding Discrimination Against Worker Due to Immigration Status

On November 15, 2024, the Department of Justice (DOJ) announced that it reached a settlement agreement with Key Fortune, Inc., doing business as Express Employment Professionals (Express), a staffing company in Rancho Cucamonga, California. The agreement resolves DOJ’s determination that Express “discriminated against a worker because of her immigration status by refusing to continue to honor her valid document that showed her permission to work in the United States.” DOJ said the agreement also resolves the agency’s determination “that Express refused to place her on an assignment until she presented a specific document showing her future permission to work.”

Under the terms of the settlement, Express will pay a civil penalty of $2,200 to the United States and pay the worker backpay of $1,748.45 plus interest, less any tax withholding required by law. The agreement also requires the company to train its personnel on anti-discrimination requirements, review its employment policies, and be subject to departmental monitoring.

USCIS Reaches Fiscal Year 2025 H-1B Cap

USCIS announced on December 2, 2024, that it has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2025. 

USCIS will send non-selection notices to registrants through their online accounts over the next few days. When USCIS finishes sending these non-selection notifications, the status for properly submitted registrations that we did not select for the FY 2025 H-1B numerical allocations will show: 

• Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration. 

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2025 H-1B cap. USCIS will continue to accept and process petitions filed to: 

• Extend the amount of time a current H-1B worker may remain in the United States; 

• Change the terms of employment for current H-1B workers; 

• Allow current H-1B workers to change employers; and 

• Allow current H-1B workers to work concurrently in additional H-1B positions. 

USCIS Updates Guidance on Advance Parole in Extensive FAQ for DACA Recipients

U.S. Citizenship and Immigration Services (USCIS) has updated its extensive list of frequently asked questions and answers (FAQ) about Deferred Action for Childhood Arrivals (DACA) and the use of advance parole. Generally, USCIS said, it will issue an advance parole document if the DACA recipient wants to travel outside the United States for:

• Humanitarian purposes, including to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative;

• Educational purposes, such as semester abroad programs and academic research. Travel for educational purposes means travel affiliated with an institution that provides education as its primary purpose. A DACA recipient does not need to be enrolled in the institution with which the program is affiliated but must be enrolled in the program they will be traveling with; or

• Employment purposes, such as overseas assignments, interviews, conferences, trainings, consular appointments for an employer-sponsored nonimmigrant visa, or meetings with clients overseas.

Travel for vacation is not a valid basis for advance parole, USCIS said.

The FAQ also includes a summary of DACA-related court decisions, and examples of documents to submit to demonstrate that the applicant meets the threshold criteria for DACA.

U.S. Visa Guidance for Individuals Affected by Events in Lebanon

On October 28, 2024, the Department of State (DOS) issued guidance regarding the facilitation of family reunification for Lebanese visa applicants. They indicated that DOS has resumed full immigrant visa processing at Embassy Beirut for Lebanese family members of U.S. citizens. Routine nonimmigrant visa processing is unavailable in Beirut at this time, but individuals may apply for a nonimmigrant visa at any other U.S. embassy or consulate as a Third Country National.

Immigrant Visas:

• In order to facilitate family reunification, DOS resumed full immigrant visa processing at Embassy Beirut for Lebanese family members of U.S. citizens.

• The National Visa Center (NVC) will directly email petitioners, beneficiaries, and representatives of spouses, children under 21, and parents of U.S. citizens with approved I-130 petitions to provide an immigrant visa interview appointment date and instructions. 

• Immigrant visa cases will continue to be processed according to the final action date published in the Visa Bulletin.  In November/December, Embassy Beirut will schedule for interview currently eligible family preference immigrant visa cases and nonimmigrant Fiancé (K-1) visa cases.  

• Individuals wishing to transfer their immigrant visa case from Embassy Beirut to another U.S. embassy or consulate may contact NVC via the Public Inquiry Form and in the “Enter Your Inquiry Below” box, include:

• The U.S. embassy or consulate where you would like your case transferred; and

• Your likely dates of travel and your preferred date for a new appointment.

• Applicants are required to arrange their own travel to the alternate embassy or consulate for their visa appointment, including complying with any visa requirements for entering that country to attend their visa appointment.

• For any other inquiries regarding immigrant visas for Lebanese family members of U.S. citizens, please contact Embassy Beirut’s Visa Navigator at lb.usembassy.gov/visa-navigator/ or email BeirutIV@state.gov.

• For Individuals Seeking to File an Immigrant Visa Petition: 

• If the petitioner is in the United States:  File a petition with USCIS online at Petition for Alien Relative | USCIS.  You can request expedited processing. 

• If the petitioner resides outside the United States:  U.S. citizen petitioners residing abroad may qualify to file a petition in-person at a U.S. embassy or consulate for their spouse, unmarried child under age 21, and parents.  Please contact the embassy or consulate where you would like to file a petition to request this service.

Nonimmigrant Visas:

• Routine nonimmigrant visa processing is not available in Beirut at this time

• You can apply for a nonimmigrant visa at any U.S. embassy or consulate.

• Application instructions vary by embassy.  Follow the instructions on the website of the embassy or consulate where you would like to apply:  List of U.S. Embassies and Consulates.

• If you have a nonimmigrant visa application pending in Beirut, it cannot be transferred.  You must reapply at another location.

USCIS Updates Guidance on Determining Custody for Children Acquiring U.S. Citizenship

On November 19, 2024, U.S. Citizenship and Immigration and Services (USCIS) issued a policy alert regarding the legal and physical custody requirements for purposes of acquisition of U.S. citizenship under section 320 and naturalization under section 322 of the Immigration and Nationality Act (INA). USCIS also expanded guidance on derivation of citizenship before the Child Citizenship Act of 2000, under former INA section 321.

The update clarifies and expands the current guidance on determining legal and physical custody of children of U.S. citizens for acquisition of citizenship purposes. Specifically, the updated guidance:

• Expands guidance on when USCIS considers a child to be in the legal custody of the U.S. citizen parent, clarifies the effect of a nunc pro tunc (retroactive) correction of a custody order, and clarifies when USCIS may recognize private custody agreements;

• Clarifies that USCIS considers a U.S. citizen parent who has actual uncontested custody of a child to have legal custody for purposes of acquisition of citizenship when there is no judicial determination on legal custody and the relevant jurisdiction’s law does not determine which parent has legal custody of the child;

• Provides that a U.S. citizen parent has physical custody of a child when the child resides or physically lives with the parent;

• Expands guidance on adjudicating derivation of U.S. citizenship claims before the Child Citizenship Act of 2000, by providing detailed clarification on each of the requirements of former INA section 321, including the legal custody requirements; and

• Clarifies that USCIS cannot issue a Certificate of Citizenship to any applicant who does not take the Oath of Allegiance and is not eligible for a waiver of the oath.

This guidance became effective immediately and applies to applications that were pending on or after November 19, 2024. For more information, see Volume 12, Part H of the USCIS Policy Manual.

USCIS Updates Guidance on Lawful Admission for Permanent Residence Requirement for Naturalization

On November 14, 2024, USCIS issued a Policy Alert indicating that USCIS is updating Volume 12, Part D, Chapter 2 in the Policy Manual to clarify that an applicant for naturalization must show that they have been lawfully admitted to the United States for permanent residence in accordance with all immigration laws in effect at the time of admission or adjustment. Consistent with the 4th Circuit Decision in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024), USCIS will consider whether a naturalization applicant was lawfully admitted for permanent residence or was lawfully adjusted to permanent resident status at the time of their 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.

This guidance became effective immediately and applies to requests pending or filed on or after the publication date.

Trump names Future Officials for Department of Homeland Security and Border Duties

President-elect Donald Trump has named several future cabinet and administration officials, including, among others, South Dakota Governor Kristi Noem as the Secretary of Homeland Security, and Thomas Homan as the “Border Czar.” The President-elect also nominated Senator Marco Rubio for Secretary of State, and indicated that Stephen Miller will be White House deputy chief of staff for policy as well as the President-elect’s homeland security advisor.  

Ms. Noem is expected to be vetted by the Senate as part of the nomination process. She has taken hard line positions on border security in the past and previously joined Republican governors in sending troops to the border to assist in “Operation Lone Star” an effort by Texas to discourage migration across the Texas border. Mr. Homan is a former acting director of U.S. Immigration and Customs Enforcement (ICE) under the previous Trump administration. His duties and his relationship to DHS are unclear, as “border czar” is not a recognized cabinet position. However, according to a post on Truth Social from Trump, Mr. Homan will be “in charge of our Nation’s Borders (“The Border Czar”), including, but not limited to, the Southern Border, the Northern Border, all Maritime, and Aviation Security.” Mr. Miller’s appointment does not require Senate confirmation, either. His role places him in the White House where he is expected to take on a leading role writing and implementing Trump's immigration agenda.