Immigration - Page 2 of 16

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.

Extreme Vetting at U.S. Embassies and Consulates

Executive Order “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats” directs federal agencies, including the U.S. Department of State, to re-establish enhanced vetting and screening processes for foreign nationals seeking a visa or immigration benefit of any kind. Agencies are to vet and screen visa applicants to the maximum degree possible, particularly foreign nationals applying and arriving from nations with identified security risks. It is expected that additional vetting and screening requirements will only add to increased wait times for visa clearances at U.S. embassies and consulates. The order further directs the administration to begin the process of restoring a potential travel ban within 60 days.

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

What if Our Business is Visited by ICE?

Immigration and Customs Enforcement (ICE) is one of several government agencies that may appear unannounced at your workplace. ICE can carry out three different actions at a place of business: inspecting employers’ Form I-9 records via a Notice of Inspection, conducting a search (commonly known as a “raid”) via a judicial warrant, or arresting and detaining an individual via an arrest warrant. ICE audits and raids cannot be prevented, but preparing now can mitigate the consequences of such government actions.

View the full article on the Faegre Drinker website.

UK Introduces Electronic Travel Authorisation (ETA) Scheme for Visa-Exempt Travellers

The ETA will apply to visitors from visa-exempt countries, requiring them to obtain permission to travel to the UK for short-term stays (up to six months). Individuals who are planning to travel to the UK must confirm whether they need an ETA based on their travel purpose and immigration status, and if needed, apply for and have approved an ETA application before they travel, to ensure compliance with UK entry requirements.

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

USCIS Announces H-1B Cap Has Been Reached for Fiscal Year 2025

U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to meet the annual numerical allocation of 85,000 H-1B visas for fiscal year 2025, which includes 65,000 regular and 20,000 U.S. advanced-degree cap petitions. The FY 2025 registration process was the first under USCIS’s new beneficiary-centric process, in which registrations were selected by unique beneficiary rather than by number of submitted registrations.

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

Digitalizing the UK Immigration System: eVisas

All individuals currently holding a UK Biometric Residence Permit (BRP) are invited to create a UK Visas and Immigration eVisa account, as BRPs will cease to be an accepted method of proving UK immigration status from March 31, 2025. We provide instructions for setting up and tips for managing your eVisa account.

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