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The Department of Labor (DOL) reported that as of Jan. 30, 2025, a total of 5,829 cases were issued Final Decision for fiscal year (FY) 2025 (first half of the visa cap) with a Requested Date of Need from Oct. 1, 2024, through March 31, 2025. Certified positions for this period were allocated for 108,189 workers.
The chart below indicates the number of Final Decisions issued and Positions Certified for filing windows from July 2024 to January 2025:
Final Decision
As of Jan. 7, 2025, U.S. Citizenship and Immigration Services received enough petitions to reach the additional 20,716 H-2B visas made available for returning workers for the first half of FY 2025 with start dates on or before March 31, 2025.
DOL is still processing Group A for applications received for Requested Date of Need from April 1, 2025.
This alert has been provided by the BAL U.S. Practice Group.
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On Jan. 17, the U.S. and Indian governments dedicated a new U.S. consulate site in Bengaluru, India.
Key Points:
Additional Information: Bengaluru (formerly called Bangalore) has been called “the Silicon Valley of India.” The U.S. government first established an office in Bengaluru in 1993. As the capital of the southern state of Karnataka, it is home to nearly 700 U.S. companies, including aerospace ventures.
Planned launches for 2025 include the jointly developed NASA-ISRO (Indian Space Research Organization) Synthetic Aperture Radar satellite and a U.S. mission to bring NASA-trained Indian astronauts to the International Space Station.
A fact sheet detailing business investments and developments in Karnataka can be downloaded here.
On Jan. 29, President Trump signed the Laken Riley Act into law, mandating that the Department of Homeland Security detain certain undocumented foreign nationals who have been arrested for certain crimes and authorizing states to sue the federal government for certain alleged failures related to immigration enforcement.
The Department of State announced that all visa interview and Applicant Service Center appointments in Colombia are canceled for Jan. 27-29, 2025.*
*Note that this alert has been updated to reflect the announcement that the cancelations have been extended to Jan. 29, 2025.
Additional Information: Following Colombian President Gustavo Petro’s refusal to accept two repatriation flights he previously authorized, U.S. Secretary of State Marco Rubio ordered a suspension of visa issuance on Jan. 26 at the U.S. Embassy Bogota consular section. Secretary Rubio also authorized travel sanctions on individuals and their families who were responsible for the interference of U.S. repatriation flight operations.
President Petro released a statement later on Jan. 26 confirming the Colombian government would accept all deportation flights.
The White House followed with a statement that declared penalties such as visa sanctions will remain in effect until the first planeload of deportees has arrived in Colombia.
BAL will continue to monitor the situation and report on updates as more information becomes available.
On Jan. 23, a Washington state federal district court judge issued a nationwide temporary restraining order (TRO) against President Trump’s Executive Order (EO) limiting birthright citizenship.
Additional Information: The case is one of multiple lawsuits filed by Democratic attorneys general and immigrant rights organizations challenging the order.
The “Protecting the Meaning and Value of American Citizenship” EO directs agencies not to recognize birthright citizenship for a child born in the U.S. if the father is not a citizen or green card holder and the mother is either in the U.S. unlawfully or in the U.S. lawfully but temporarily. The EO applies to births 30 days after publication.
U.S. Citizenship and Immigration Services announced that effective Jan. 22, it will waive the requirement to present documentation of COVID-19 vaccination(s) for certain adjustment of status (AOS) applicants.
On Jan. 20, the president issued the “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats” Executive Order (EO) that gives federal agencies a 60-day period to identify countries that may warrant restrictions affecting the ability of foreign nationals to travel to the United States. It did not announce specific travel restrictions.
Additional Information: The president has the authority to restrict the entry of foreign nationals or classes of foreign nationals into the United States and may impose additional restrictions deemed appropriate. Previous travel restrictions have been announced without prior warning and affected foreign nationals from specific countries, in certain nonimmigrant visa categories and those with connections to certain foreign institutions or organizations. Restrictions have also included heightened scrutiny and enhanced vetting of visa applicants.
U.S. immigration policies may change quickly and without prior notice. Foreign nationals are reminded to speak with their BAL team prior to international travel and to be aware of general travel requirements, including maintaining a valid visa in their passport. Foreign nationals may face delays in obtaining a visa appointment at a U.S. consulate or embassy or receiving their visa and should plan accordingly. They may also face further delays with U.S. Customs and Border Protection (CBP) during re-entry into the U.S. after travel.
BAL will continue to provide updates as additional information becomes available.
On Jan. 20, President Trump signed multiple Executive Orders (EOs) that are focused on immigration. Within those EOs are over 50 directives to government agencies.
Additional Information: There was no direct reference to the Deferred Action for Childhood Arrivals (DACA) program. Immigration policies and practices are subject to change, especially at the start of a new presidential administration. Employers are encouraged to work with their BAL team to determine the impact of policy changes on their program. BAL is monitoring policy developments and will continue to provide updates as more information is released.
The Fifth U.S. Circuit Court of Appeals ruled in Texas vs. USA on Jan. 17 that the Deferred Action for Childhood Arrivals (DACA) Final Rule is “substantively unlawful,” but will maintain status quo with DACA’s policy of forbearance and limit its injunction to Texas only.
Additional Information: DACA specifically offers removal protections and work permit eligibility to immigrants who arrived in the country without authorization as children and were 30 or younger when it was launched in 2012. In 2021, a district court held that Texas has standing to challenge DACA and that DACA is procedurally and substantively unlawful. The court halted the program and enjoined the government from approving any new DACA applications but stayed the effective date of its vacatur to all DACA recipients who had received their initial DACA status before the date of the order. In 2022, the Fifth Circuit appellate court affirmed in part and remanded because DHS had cured DACA’s procedural defect by promulgating a Final Rule.
U.S. Customs and Border Protection (CBP) announced today that Australia is now an official Global Entry partner country, making Australia one of 19 partner countries whose citizens can apply for Global Entry membership.
Additional Information: Global Entry is one of CBP’s four Trusted Traveler Programs. The program also provides access to TSA PreCheck for eligible members, offering quicker security screening for domestic travelers at participating U.S. airports.
Additional Global Entry partner countries include Argentina, Bahrain, Brazil, Colombia, Croatia, the Dominican Republic, Germany, India, Japan, Mexico, the Netherlands, Panama, the Republic of Korea, Singapore, Switzerland, Taiwan, the United Arab Emirates and the United Kingdom.
Global Entry partnerships enhance security and promote bilateral trade, tourism and cultural exchange by allowing pre-vetted, low-risk Australian citizens expedited customs and immigration processing upon arrival to the U.S.