Biden Administration’s ‘Parole in Place’ Program Struck Down by Federal Judge

On November 7, 2024, U.S. District Judge J. Campbell Barker, of Texas, struck down the Biden administration’s “Keeping Families Together” parole-in-place policy, implemented on August 19, 2024, which allowed the undocumented spouses and stepchildren of U.S. citizens who had been in the United States for at least 10 years to remain in the country to apply for permanent residence without the threat of deportation.

Judge Barker determined that the Biden administration lacked statutory authority for the program. He found that the program would put a strain on the resources of the state of Texas, which would “incur concrete harm on account of increased costs” such as providing food assistance and educational and healthcare services to the additional population.

USCIS Announces Applicants Must Now File Medical Exams at Time They Initially File Green Card Application

On December 2, USCIS announced that going forward certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, will be required to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, at the same time as their Form I-485 or the Form I-485 may otherwise be rejected. USCIS has now revised the Form I-485 instructions to make filing the two forms together a requirement. USCIS made this change to reduce the number of Requests for Evidence they issue before adjudicating a Form I-485, which slows down adjudication timelines.

Employment Authorization for Eligible Lebanese Nationals with F-1 Status Experiencing Severe Economic Hardship Due to Crisis in Lebanon

The Department of Homeland Security (DHS) is suspending certain regulatory requirements for F-1 nonimmigrant students from Lebanon who are experiencing severe economic hardship as a direct result of the current crisis in Lebanon. This Special Student Relief (SSR) will cover eligible F-1 students from Lebanon from November 27, 2024, to May 27, 2026. The Federal Register Notice was published in the Federal Register on November 27, 2024.

Designation of Lebanon for TPS

On November 26, 2024, the Department of Homeland Security (DHS) posted a Federal Register Notice designating Lebanon for Temporary Protected Status (TPS) for 18 months, from Nov. 27, 2024, through May 27, 2026.  

This designation allows eligible Lebanese nationals (and individuals having no nationality who last habitually resided in Lebanon) to obtain TPS if they have resided continuously in the United States since or before October 16, 2024, (“continuous residence”). They also must have been physically present in the United States continuously since November 27, 2024 (“continuous physical presence”). DHS estimates about 11,000 individuals will be eligible for TPS under the designation of Lebanon. 

Lebanon’s 18-month designation went into effect on November 27, 2024, and individuals must also prove their continuous physical presence in the United States since the date provided in the Federal Register notice. The Federal Register notice explains how to apply for TPS and for an Employment Authorization Document.  

Learn More About How E-Verify+ Streamlines Employment Eligibility Verification on Thursday, Nov. 14, 2024 at 2 - 3 p.m. Eastern

From the Public Engagement Division -

Learn More About How E-Verify+ Streamlines Employment Eligibility Verification

Thursday, Nov. 14, 2024, 2 - 3 p.m. Eastern

U.S. Citizenship and Immigration Services invites you to learn about E-Verify+, a new service of E-Verify that streamlines employment eligibility verification. During our national stakeholder engagement on Thursday, Nov. 14, from 2 - 3 p.m. Eastern, the USCIS Immigration Records and Identity Services Directorate will highlight the benefits of using this free and easy service, provide guidance on how to use it, and explain how the “plus” provides employers added efficiency, reduces burden, and gives employees more control over their personal information and verification of their employment eligibility in the United States. To learn more, get an early preview into what E-Verify+ has to offer here: Inside E-Verify+ video!

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To Register:

1. Visit our registration page.

2. You will be asked to provide your email address and select “Submit.”

3. On the next screen, you will see a notification that you successfully subscribed to this event.

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Once we process your registration, you will receive a confirmation email with the engagement link.

If you have any questions, or if you have not received a confirmation email within three business days, please email us at public.engagement@uscis.dhs.gov.

To request a disability accommodation to participate in this engagement, email us at public.engagement@uscis.dhs.gov by 5 p.m. Eastern on Thursday, Nov. 7.

Firm News - Congratulations to Richard!

We are proud to share that Richard Iandoli recently received the National Association of Foreign Student Advisers’ (NAFSA’s) New England Region’s ‘George Commentator Lifetime Achievement Award’.  It was awarded at the NAFSA Regional Conference in Hartford, CT on October 28, 2024 before 350 attendees.   This award is granted to a person who has provided extensive service to the regional and/or national NAFSA community.  As a long-time member of NAFSA, Richard has given decades of service and support to NAFSA and the community of international educators, professionals, scholars and their collaborators in the immigration law field. 

Congratulations, Richard, and thank you for your dedication to this community! 

November 2024 Visa Bulletin

The Department of State publishes a monthly Visa Bulletin which identifies all immigrant “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. In November 2024, the EB-1 preference category on the Final Action Chart remains current for all countries other than China and India. The EB-1 priority dates for China and India are November 8, 2022, and February 1, 2022, respectively. USCIS determined that Chart B (Dates for Filing) must be used. 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.”

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

Mid-year data indicates that international student commencements in Canada could drop by nearly 50% for 2024

An article published in the ICEF Monitor on September 11, 2024 reported that an ApplyBoard analysis found that the Canadian government’s two-year cap on new study permits, aiming for “zero growth” in international student, will severely impact demand for study in Canada.  The analysis suggests that in 2024, the number of study permits awarded could decrease by 47% compared to 2023.   In addition to study permit applications that were not approved, ApplyBoard attributes the overall drop in permits processed to students pausing or deferring their applications, or to students who pivoted to other destinations like the U.S., Germany, Italy, Australia, and the U.K., among others.

The analysis also observed that prospective international students are likely considering factors such as a new savings requirement of $20,000 CDN, the removal of the right of partners of students to receive an open work visa, and the elimination of post-study work eligibility for students enrolled in certain private-public partnership programs, among concerns for additional immigration rulings in the future. 

Canadian higher education organizations have expressed concern over the impact this trend would have in university budgets nationwide, and that some universities have already reported an impact on budgets from the decline in international enrollment. 

More information about this analysis can be found here.

U.S. Higher Education Urged to Diversify International Student Recruitment

According to the feature article in International Educator magazine’s September issue, there is a projected 15% decline in U.S. college students between 2025 and 2029.  This decrease is expected due to demographic changes such as declining birthrates both in the U.S. and worldwide. Countries like Japan and Spain have taken steps to recruit more international students to mitigate the impact of these demographic changes, while English speaking countries like Australia and Canada have taken steps to restrict international enrollments. According to these reports, supporting international enrollment and strategically recruiting a larger and more diverse population of international students could help ensure financial stability and prevent universities shrinking through attrition.

The International Educator article can be found here.

ICE Notice of Employment Authorization for Certain Lebanese Students

On October 18th, 2024, the U.S. Department of Homeland Security published a Special Student Relief Notice for F-1 nonimmigrant students whose country of citizenship is Lebanon, or individuals having no nationality who last habitually resided in Lebanon, so that eligible students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F-1 status through the Deferred Enforced Departure (DED) designation period. This action covers eligible Lebanese F-1 nonimmigrant students who meet the following requirements:

(1) Are a citizen of Lebanon regardless of country of birth (or an individual having no nationality who last habitually resided in Lebanon);

(2) Were lawfully present in the United States on July 26, 2024, in F-1 nonimmigrant status under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i);

(3) Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified for enrollment for F-1 nonimmigrant students;

(4) Are currently maintaining F-1 nonimmigrant status; and

(5) Are experiencing severe economic hardship as a direct result of the current humanitarian crisis in Lebanon.

Per the notice, this action applies to F-1 nonimmigrant students in an approved private school in kindergarten through grade 12, public school grades 9 through 12, and undergraduate and graduate education.  F-1 students covered by this notice who transfer to another SEVP-certified academic institution remain eligible for the relief provided by means of this notice.  Additional details on the Federal Register notice can be found here.