January 2025 Visa Bulletin
The Department of State publishes a monthly Visa Bulletin which identifies all immigrant visa “preference” categories and indicates whether a backlog exists for each one. The categories are separated into two charts: a “Final Action” chart and a “Dates for Filing” chart for both family and employment-based immigration.
USCIS has determined that Chart B (Dates for Filing) must be used in January 2025. 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.”
Link: Visa Bulletin For January 2025
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
IDC NEWS - “Post-Election Immigration Landscape” presented by IDC to the Association of Independent Colleges and Universities in Massachusetts
Last month Partners Richard Iandoli, Prasant Desai, Madeline Choi Cronin and Mary E. Walsh presented on the “Post-Election Immigration Landscape” for the Association of Independent Colleges and Universities in Massachusetts. The presentation covered what to expect in the first 100 days of the new Trump administration and action items for colleges and universities to take to support their non-citizen student populations. A copy of the presentation can be found at the link below.
Resumption of Visa Processing at US Embassy in Lebanon
The U.S. Embassy in Beirut has resumed regular nonimmigrant and immigrant visa processing. Nonimmigrant visa interviews are expected to be scheduled beginning January 1, 2025. Applicants should be aware that supporting documents such as marriage certificates may take a bit longer than normal to secure from various Lebanese municipalities and Ministries due to the backlog caused by the recent hostilities.
Continuing Issues with National Visa Center’s Consular Electronic Application Center (CEAC)
Since Fall 2024, users have reported intermittent technical issues when attempting to upload documents or pay fees for immigrant visa applications on CEAC. As of the end of December, several technical fixes have been implemented by the National Visa Center and more are planned. Users are directed to the DOS troubleshooting page for guidance on workarounds for specific error messages they may receive.
Link: Troubleshooting
Final Rule Permanently Increases the Automatic Extension Period for Certain Employment Authorization Document Renewal Applicants
DHS finalized the temporary rule published in the Federal Register in April 2024 that permanently increases the automatic extension period of employment authorization and the EAD document from up to 180 days to up to 540 days from the expiration date stated on the expiring EAD card for certain renewal applicants who have timely filed a Form I-765. The measure reduces the likelihood that eligible renewal EAD applicants will experience a lapse in employment authorization or employment authorization documentation while USCIS processes their renewal applications. The automatic extension period for eligible renewal EAD applications that were pending or are filed on or after May 4, 2022, is up to 540 days. An EAD that is expired on its face is considered unexpired when combined with a Form I-797C receipt notice indicating a timely filed EAD renewal application, assuming all other automatic extension requirements are met. Individuals and their employers may use the USCIS Automatic Extension Eligibility Calculator to confirm eligibility requirements and determine an auto-extended EAD expiration date. This final rule will be effective on Jan. 13, 2025
Report Showing Key Findings on Wages, Occupations, Locations of Black Immigrant College Graduates
The Immigration Research Initiative and the Presidents’ Alliance on Higher Education and Administration issued a joint report entitled “Black Immigrant College Graduates: Where they live and where they work.” Based on analysis of the 2022 American Community Survey 5-year data, the report focuses on individuals who identified as Black and said they had at least a bachelor’s degree. Immigrants were defined as anyone living in the US and born in another country, except if their parents were US citizens when they were born. Three types of Black immigrants were distinguished: childhood arrivals; international students; and foreign educated. Key findings included:
Nearly 1 in every 5 Black college graduates are first-generation immigrants.
Of the 5.3 million Black college graduates in the US, 18% are immigrants and
82% are US born.
There are 976,000 Black immigrant college graduates working in the US as of 2022
The most common jobs for Black immigrants with college degrees are in healthcare, education, and business.
Immigrants account for almost one-fifth of all Black college graduates in the labor force.
Nearly 74% of all Black immigrant college graduates live in ten states: NY, FL, TX, MD, GA, CA, NJ, MA, VA, and PA.
Details of the report can be found at: Black Immigrant College Graduates: Where they live and where they work - Presidents' Alliance
USCIS Updates Guidance on Flexibilities Available in Emergencies or Unforeseen Circumstances
USCIS updated its Policy Manual to clarify flexibilities that may be available to applicants requesting immigration benefits while facing an emergency or unforeseen circumstance. The update explains that during certain emergencies the Agency may exercise its discretion to implement flexibilities relating to requests for extension of stay and change of status; applications for employment authorization; requests for document replacement; abandonment or failure to respond to requests for evidence; fee waivers; expedited processing; and satisfactory departure.
Emergencies and unforeseen circumstances may include:
Natural disasters (for example, hurricanes, wildfires, or other severe weather);
National emergencies (for example, public health emergencies);
Conflicts abroad; or
Other unforeseen circumstances (for example, terrorist attacks, mass shootings, or cyber-attacks) that may present unanticipated challenges.
For example, the Agency may exercise its discretion for certain students and:
Suspend limitations on employment, authorize off-campus work, or a reduced course load;
Permit students who fail to maintain their F-1 or M-1 nonimmigrant status to apply for reinstatement to student status if otherwise eligible;
Allow exchange visitors who fail to maintain their J-1 nonimmigrant status to request reinstatement under U.S. Department of State regulations; and
If otherwise eligible, qualify F-1 students experiencing severe economic hardship for off-campus employment authorization or other relief.
Link: Chapter 2 - Emergencies or Unforeseen Circumstances-Related Flexibilities | USCIS
Report on Federal and State Tax Contributions by Undocumented Immigrants
The Institute on Taxation and Economic Policy, a non-profit, non-partisan tax policy organization, analyzed data on federal, state, and local tax payments made by undocumented immigrants nationwide. The resulting report contains estimates of the overall tax contributions of the approximately 10.9 million undocumented immigrants living in the U.S. as of 2022, as well as state-by-state estimates for those immigrants’ payments of state and local taxes. The report also forecasts the growth in tax contributions that would occur under a scenario in which these taxpayers were granted work authorization.
Report Highlights
Undocumented immigrants paid $96.7 billion in federal, state, and local taxes in 2022. Of that, $59.4 billion went to the federal government and $37.3 billion was paid to state and local governments.
Undocumented immigrants paid federal, state, and local taxes of $8,889 per person in 2022. In other words, for every 1 million undocumented immigrants who reside in the country, public services receive $8.9 billion in additional tax revenue.
More than a third of the tax dollars paid by undocumented immigrants go toward payroll taxes dedicated to funding programs that these workers are barred from accessing. Undocumented immigrants paid $25.7 billion in Social Security taxes, $6.4 billion in Medicare taxes, and $1.8 billion in unemployment insurance taxes in 2022.
At the state and local levels, slightly less than half (46 percent, or $15.1 billion) of the tax payments made by undocumented immigrants are through sales and excise taxes levied on their purchases. Most other payments are made through property taxes, such as those levied on homeowners and renters (31 percent, or $10.4 billion), or through personal and business income taxes (21 percent, or $7.0 billion).
Six states raised more than $1 billion each in tax revenue from undocumented immigrants living within their borders: California ($8.5 billion), Texas ($4.9 billion), New York ($3.1 billion), Florida ($1.8 billion), Illinois ($1.5 billion), and New Jersey ($1.3 billion).
In a large majority of states (40), undocumented immigrants pay higher state and local tax rates than the top 1 percent of households living within their borders.
Income tax payments by undocumented immigrants are affected by laws that require them to pay more than otherwise similarly situated U.S. citizens. Undocumented immigrants are often barred from receiving meaningful tax credits and sometimes do not claim refunds they are owed due to lack of awareness, concern about their immigration status, or insufficient access to tax preparation assistance.
Providing access to work authorization for undocumented immigrants would increase their tax contributions both because their wages would rise and because their rates of tax compliance would increase. Where work authorization provided to all current undocumented immigrants, their tax contributions would rise by $40.2 billion per year to $136.9 billion. Most of the new revenue raised ($33.1 billion) would flow to the federal government while the remainder ($7.1 billion) would flow to states and localities.
The U.S. stands to lose $8.9 billion in tax revenue for every 1 million undocumented immigrants who are sent out of this country under a program of mass deportation.
Department of State Updates Countries on J-1 Skills List for First Time Since 2009
On December 9, 2024, the Department of State (DOS) updated the J-1 Exchange Visitors Skills List by removing more than 30 countries. The list determines whether a J-1 visa visitor is subject to the foreign residence requirement that requires them to return to their home country for two years after completion of their J-1 program. J nonimmigrant exchange visitors from countries who were subject to the foreign residence requirement based on the skills list in the past no longer need to return to their countries for two years after their studies in the United States. DOS is not updating the skills on the list, just those countries that are subject. The revision applies retroactively to individuals who were admitted in J status or obtained J status before December 9, 2024.
Individuals with pending waiver applications who are nationals of countries removed from the skills list should no longer need a 212(e) waiver and should be able to proceed with adjustment of status / visa processing without the waiver. DOS has been notifying impacted applicants of the termination of the 212(e) waiver application.
Importantly, a J-1 visitor may still be subject to the two-year home residency requirement if they received funding from the U.S. government or their home country government, or if they have received graduate medical education or training in the United States.
Countries Removed from Skills List
Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile, China, Colombia, Congo, Costa Rica, Dominican Republic, Gabon, Georgia, Guyana, India, Indonesia, Kazakhstan, Laos, Malaysia, Mauritius, Montenegro, Namibia, Oman, Paraguay, Peru, Romania, Saudi Arabia, South Africa, South Korea, Sri Lanka, Eswatini (Swaziland), Thailand, Trinidad and Tobago, Turkey, United Arab Emirates, and Uruguay.
Link: Federal Register: Public Notice of Revised Exchange Visitor Skills List
DHS Issues New Rule: “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers”
The Department of Homeland Security announced a final rule on December 17, 2024, implementing significant changes to the H-1B program which allows U.S. employers to temporarily employ foreign workers in specialty occupations. While most of the changes affect H-1B workers, there are also provisions that impact other nonimmigrant classifications. Highlights of the final rule which becomes effective on January 17, 2025, are:
New I-129 Form, Petition for Nonimmigrant Worker
A new Form I-129 will be required as of 1/17/2025. There will not be a grace period allowing for submission of prior editions of the form.
H-1B Specialty Occupation Definition
The definition and criteria for specialty occupation positions was modified to emphasize the importance of considering the “beneficiary’s actual course of study” rather than just the title of their degree. A position can only be classified as an H-1B “specialty occupation” if it requires the theoretical and practical application of a body of highly specialized knowledge and requires at least a bachelor’s degree in a “directly related” specific specialty, or its equivalent. A generalized degree is insufficient; however, employers may accept a range of qualifying fields so long as the fields are related to the job duties. The rule clarifies that an occupation “normally” requiring a bachelor’s degree doesn’t mean that it must “always” require a bachelor’s degree but there must be a “logical connection” between the degree and position offered.
H-1B Cap Exemptions
DHS clarified and simplified eligibility for exemption from the annual cap on H-1Bs visas. Non-profits or governmental research organizations no longer need to be “primarily engaged” in research to be cap exempt.
Definition of Employment and Third-Party Worksites
The new rule replaces the existing regulation’s focus on the employer-employee relationship with a requirement to establish the existence of a bona fide job offer in a specialty occupation as of the requested start date. The definition of U.S. employer has been expanded enabling owner-beneficiaries to petition for themselves. The itinerary requirement has been eliminated. Petitioners are no longer required to submit specific day-to-day assignments for the full validity period but must demonstrate that the position will exist by the start date. USCIS has formalized the requirement for contracts, statements of work, and client letters to confirm bona fide job offers in third-party work locations.
Site Visits
USCIS’ authority to conduct inspections and impose penalties for failure to comply has been codified. The Rule expands authority and compliance requirements for H-1B site inspections. USCIS is authorized to conduct site visits at the petitioner’s worksite, neutral locations, and other places where H-1B work will be performed, including third-party customer locations (including, according to the Supplementary Information accompanying the Rule, at the private residence of the H-1B beneficiary, if H-1B work is remotely performed in the home).
Deference to Prior Decisions on All Nonimmigrant Classifications using Form I-129
The Rule codifies the existing USCIS deference policy, stating that USCIS will generally defer to prior determinations involving the same parties and underlying facts unless there is a material error, material change in circumstances or eligibility requirements, or new material information adversely impacting eligibility. The deference regulation applies to all petitions, not just extensions of status, and to all nonimmigrant classifications using Form I-129.
H-1B Cap-Gap Extensions
F-1 students with cap-gap are eligible for automatic work authorization extensions of up to one year. If the H-1B is not approved by 10/1 of the fiscal year, the F-1 student can continue working for up to one year with this new rule (extending the cap gap period from October 1 to potentially as late as April 1 of the following calendar year). The prior regulation had H-1B Cap Gap extensions run until September 30, the day before the fiscal year for which the petition was filed.
Link: DHS Announces H-1B Modernization Final Rule to Improve Program Integrity and Efficiency | USCIS