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November 29, 2024 - Weekly Immigration News Update

Posted by Keshab R. Seadie | Nov 29, 2024 | 0 Comments

​​​Dear Clients and Colleagues,


We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:

The Importance of Timely Visa Stamping in Light of Potential Policy Changes
As immigration policies in the United States can shift dramatically with changes in administration, it is crucial for individuals holding or seeking H-1B, L-1, or other employment-based and business visas to be proactive in securing visa stamping at a U.S. embassy or consulate prior to traveling. This is especially important given the possibility of a return to more restrictive visa regimes, similar to those implemented during the prior New administration.
 
During the previous administration, sudden travel bans, administrative processing delays, and heightened scrutiny of visa applications created significant hurdles for foreign nationals. Many individuals found themselves unable to return to the U.S. after traveling abroad due to unforeseen changes in policy or additional processing requirements.
 
To avoid potential disruptions to employment and personal plans, we strongly urge our clients to apply for visa stamping as soon as they are eligible. Early action ensures that you have sufficient time to navigate potential administrative delays and mitigates risks associated with sudden policy shifts.
 
By securing your visa stamp in advance, you can safeguard your ability to travel internationally without jeopardizing your status or employment in the United States. Preparation and timely action are key to navigating an uncertain immigration landscape.
DHS Offers Temporary Protections and Expanded Work Options for Lebanese Nationals

On October 17, 2024, the Department of Homeland Security (DHS) announced new immigration measures for Lebanese nationals in the U.S., including Temporary Protected Status (TPS), Deferred Enforced Departure (DED), and Special Student Relief for F-1 students.

Key Points:

  • TPS Designation: Lebanon is designated for TPS for 18 months due to ongoing conflict, allowing eligible nationals who have been in the U.S. since October 16, 2024, to apply for protection from deportation and work authorization.
  • DED Extension: Eligible Lebanese nationals are also covered under DED through January 25, 2026, providing deportation relief and the ability to apply for Employment Authorization Documents (EADs).
  • Special Student Relief: F-1 students from Lebanon can apply for work authorization, work additional hours, and reduce their course load while maintaining F-1 status.

These actions are expected to benefit approximately 11,000 Lebanese nationals and 1,740 F-1 students, offering temporary reprieve and employment opportunities amid Lebanon's instability. DHS encourages eligible individuals to monitor upcoming Federal Register notices for application details.

DHS and DOL Announce 65,000 Additional H-2B Visas for Fiscal Year 2025

In a significant move to support U.S. employers facing labor shortages, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have issued a temporary final rule (TFR) authorizing an additional 64,716 H-2B nonagricultural worker visas for fiscal year (FY) 2025. These supplemental visas aim to address critical workforce needs in industries such as hospitality, landscaping, seafood processing, and more, where employers have struggled to find U.S. workers who are available and qualified for temporary jobs.

Secretary of Homeland Security Alejandro N. Mayorkas emphasized the economic benefits of these visas, stating, “There are employers across the country that would suffer greatly without H-2B workers. Authorizing these supplemental visas helps U.S. employers fill those positions, fuel our economy, and reduce irregular migration while providing a safe and lawful pathway to the United States for noncitizens prepared to work.”

Visa Allocations and Eligibility
 
The supplemental allocation for FY 2025 is divided into four categories:
  1. First Half of FY 2025 (Oct. 1, 2024–March 31, 2025): 20,716 visas for returning workers who held H-2B status in FY 2022, 2023, or 2024.
  2. Early Second Half of FY 2025 (April 1–May 14, 2025): 19,000 visas for returning workers with H-2B status from prior fiscal years.
  3. Late Second Half of FY 2025 (May 15–Sept. 30, 2025): 5,000 visas for returning workers with previous H-2B status.
  4. Entire FY 2025: 20,000 visas reserved for nationals from Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, regardless of prior H-2B status.
Employers requesting visas for the first half of FY 2025 may file petitions immediately, while those requesting visas for the second half must wait until 15 days after the statutory cap is reached.
 
Protecting U.S. Workers and H-2B Employees
 
Employers must attest to impending irreparable harm without the ability to hire H-2B workers and prove through certification from the DOL that no qualified U.S. workers are available for the temporary positions. The temporary final rule also introduces additional scrutiny for employers with a history of labor law violations to ensure compliance with program requirements.
 
To further protect H-2B workers from exploitation, DHS is modernizing the program through proposed rule changes aimed at improving flexibility and worker protections.
 
The Role of the H-2B Program
 
The H-2B visa program is designed to meet U.S. employers' temporary nonagricultural labor needs, including peak load, seasonal, intermittent, or one-time occurrences. It plays a vital role in ensuring that critical industries can continue operating efficiently while upholding protections for both U.S. and foreign workers.
 
For more information on the H-2B program and FY 2025 allocations, employers are encouraged to review the DHS and DOL guidelines.

Sincerely,

Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C.

Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.

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Keshab R. Seadie

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