Helena Wasey Abede, Catherine Betts, Kirat K. Goraya, Author at Laborsphere

Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) Under the Trump Administration 2.0

President Trump has ordered a review of Temporary Protected Status (TPS) designations made under the Biden administration. The President has previously stated that he intends to revoke TPS for Haitians and Venezuelans, two of the three largest groups of TPS beneficiaries in the United States. During his first administration, he chose to let TPS designations expire for several countries before being blocked in court. Other humanitarian immigration programs like Deferred Enforced Departure (DED) may be at risk under the new Trump administration. The administration’s actions in choosing to extend or eliminate TPS and DED designations for countries up for expiration in 2025 will inform how the administration will proceed with the humanitarian programs.

To view the full alert, visit the Faegre Drinker website.

Deferred Action for Childhood Arrivals (DACA) Under the Trump Administration 2.0

With the future of the DACA program remaining uncertain in 2025 and beyond, it is crucial for employers to take immediate action if they haven’t already. Employers should familiarize themselves with their workforce and screen their employees for other potential benefits, exploring options to transition them to another nonimmigrant status where feasible. While DACA provides temporary relief, it does not lead to lawful permanent residence or other immigration statuses. However, DACA recipients are still eligible to apply for nonimmigrant status, file for adjustment of status based on an immigrant petition, or seek other immigration benefits or protections they may qualify for. Given the time of year, it is particularly advantageous to assess H-1B visa eligibility in preparation for the upcoming H-1B cap lottery in the spring.

To view the full alert, visit the Faegre Drinker website.

USCIS Announces H-1B Cap Has Been Reached for Fiscal Year 2024

On December 13, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it had received enough petitions to meet the annual numerical allocation of 85,000 H-1B visas for fiscal year 2024 (FY2024), which includes 65,000 regular and 20,000 U.S. advanced degree (U.S. master’s degree) cap petitions. The next period during which registrants will be allowed to submit H-1B cap registrations is expected to be in the first couple of weeks of March 2024 for an October 1, 2024, (FY2025) employment start date for successful registrants.

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