EB-5 and Trump 2.0

Opportunities and Challenges

As President-elect Trump takes office again on January 20, 2025 all immigration is up in the air. The EB-5 Immigrant Investor Program is no exception. Immigration is one of Trump’s top priorities so EB-5 investors should be prepared for changes and take advantage of the program.

Some see opportunities for growth and stability, others see challenges and slowdowns, but potential reforms could attract investors eager for a favorable environment and a more efficient application process.

EB-5 Under Trump?

Trump’s second term will be a mixed bag for EB-5:

Opportunities:

• Business friendly policies, tax cuts and deregulation will create an investment immigration friendly environment.
• A merit based system will streamline the process and attract high net worth investors.
• Global alliances and support for emerging markets like cryptocurrency will create more investment opportunities.

Challenges:

• Previous delays and strict adjudication policies still a problem for EB-5.
• Travel bans and increased scrutiny during Trump’s first term showed us we need clear and consistent policies that prioritize economic growth, which has created uncertainty for foreign investors contemplating opportunities in the U.S.

For EB-5 investors, Trump 2.0 may mean a focus on economic contributions and business growth. By fixing inefficiencies and innovation the administration can make the US the go to destination for investment immigration.

This guide looks at the history, what to expect under Trump 2.0 and strategic advice for investors.

EB-5 Immigrant Investor Program

The EB-5 program was created in 1990 to stimulate economic growth in the US through foreign investment and in return provide permanent residency (green cards) to the investors, their spouses and minor children.

Here’s a summary:

Key Requirements

Investment Amount:

• $800,000 for Targeted Employment Areas (TEAs) which are rural or high unemployment areas.
• $1,050,000 for non-TEA areas.

Job Creation:

• The investment must create at least 10 full time jobs for US workers.

Proof of Funds:

• Investors must provide documentation to prove the lawful source of their funds.

With its dual focus on economic growth and job creation, the EB-5 program is most relevant during economic recovery or political shifts. Regulatory policies and market developments have a significant impact on foreign investors interested in the EB-5 program, particularly those looking to diversify their portfolios within the U.S. market.

How It Works

1. Initial Application (I-526 or I-526E):
   Investors submit their petition to prove they meet EB-5 requirements.
2. Conditional Green Card:
   Upon approval investors and their families get a 2 year conditional green card and can live and work in the US.
3. Removal of Conditions (I-829):
   After 2 years investors file to remove conditions and prove their investment met the program’s requirements including job creation.

How have previous Administrations managed the EB-5 program?

Trump Administration (2017-2021)

• Minimal Direct Changes: Trump’s overall immigration policies were restrictive but EB-5 was left alone.
• Processing Delays: Big backlogs in I-526 and I-829 processing during Trump’s first term. Investors were frustrated and the program slowed down.
• Support for Real Estate: Trump’s background in real estate aligned with the program’s focus on development projects so there’s potential for EB-5 growth.
• Economic Growth: Trump recognized the importance of investment immigration and excluded EB-5 from the broader immigration bans during his first term.
• Focus on Illegal Immigration: Trump’s administration’s focus on illegal immigration could lead to significant changes in the immigration landscape, particularly affecting investor visas and the EB-5 program.
• Some policies created bottlenecks but his administration laid the groundwork for a business friendly approach.

Biden-Harris Administration (2021-2024)

• Reform and Integrity Act (RIA) of 2022: The Biden administration passed the RIA to fix the program, reduce fraud and introduce visa set-asides for rural and high unemployment areas.
• Backlog Reduction: Efforts to speed up processing times included premium processing and online filing.
• Engagement: Secretary of Homeland Security Alejandro Mayorkas has been meeting with EB-5 leaders so the administration is supportive of the program.

Trump’s First Term: Mixed Impact on EB-5

EB-5 was largely left alone during Trump’s first term but investors still faced challenges especially with processing times and additional requirements for green card issuance.

Key Events During Trump’s First Term

Minimal Policy Changes for EB-5:

• Unlike H-1B or family based immigration the EB-5 program was not restricted or rolled back.

Processing Delays:

• I-526 Petitions: Processing times for initial petitions increased by several years so investors were uncertain.
• I-829 Petitions: Removal of conditions also had big backlogs so permanent green card approvals were delayed.
• These delays were part of broader USCIS inefficiencies during Trump’s term.

Green Card Issues:

• Public Charge Rule: Adjustment of status applicants had to provide extensive proof of financial self sufficiency under the revised public charge rule.
• Consular Delays: Overseas applicants experienced inconsistent and slow processing through U.S. embassies with many cases lacking transparency.

Requests for Evidence (RFEs):

• USCIS was more stringent in reviewing petitions and asking for more documentation to support eligibility.

Hong Kong’s Reclassification (July 2020):

• Trump stopped recognizingHong Kong as an autonomous region so Hong Kong investors were pushed into Mainland China’s longer EB-5 visa lines.
• EB-5 applications from Hong Kong dropped significantly as Hong Kong was a major source of EB-5 applications.

More Scrutiny and Delays:

• Removal of deference in adjudications means more scrutiny on petitions and longer processing times.
• Travel bans targeting Muslim countries created uncertainty for potential investors and sent a bad message to foreign nationals.

EB-5 Processing During Trump’s First Term

The first Trump administration saw an initial increase in productivity of the Immigrant Investor Program Office (IPO) in processing EB-5 cases but it couldn’t keep up with demand.

IPO Productivity

• 2017: IPO was facing growing demand with backlog increasing from 12,453 to 24,992 cases.
  • IPO hired more officers including former Adjudicator Greg Sheehan who saw a big increase in productivity.
• 2018:
  • IPO processed over 15,000 I-526s and reduced backlog to under 15,000 cases.
  • China demand decreased so IPO slowed down production due to lower volume.

Unsustainable Processing Pace

While the Trump administration improved backlog management the rapid pace of processing was not sustainable in the long term. But the infrastructure and resources built during this period will be the foundation for future progress.

Is IPO Ready for Today’s Demand?

Current IPO Capacity

FOIA request revealed that as of May 29, 2024:

• IPO has 300 staff including:
  • 73 adjudicators
  • 23 economists
• Compared to 2018, IPO has slightly fewer staff but more efficient since the backlog is manageable and post pandemic improvements.

Post-RIA Shift

The EB-5 Reform and Integrity Act of 2022 (RIA) has changed how IPO processes cases:

• FY 2024 Data:
  • 815 I-526E petitions processed.
  • 5,293 I-526E petitions pending.
• According to Sheehan, IPO is ready to transition smoothly from pre-RIA to post-RIA demand and focus on I-829 petition processing efficiency.

What to Expect Under Trump 2.0?

A second Trump administration could bring more challenges to EB-5 investors and build on what we saw during his first term. Here’s what we think:

Higher Costs

• Filing fees across all immigration categories will increase and add more financial burden to investors.
• Additional costs could be fees for expedite or RFE response.

Tougher Scrutiny

• USCIS will ask for more RFEs and denials and require investors to provide more documentation to prove:
  • Lawful source of funds.
  • Job creation through their investment.
  • Compliance with other EB-5 requirements.
• Consular interviews and application reviews will be more intense especially for applicants from countries considered national security risks.

Processing Delays

• Backlogs will get worse due to limited USCIS resources and stricter review process.
• Investors should expect longer wait times for initial petition and green card approval.
• USCIS and DOS delays will discourage potential investors.

Increased Security Measures

• Applicants from certain countries will be subject to additional security screening. This will disproportionately affect investors from countries flagged as national security risks.

Travel Bans

• If new travel bans are implemented investors from certain countries will have trouble entering or exiting the US and managing their investments or meet residency requirements.

Legal and Regulatory Changes

• Trump’s administration will bring a new SEC with different priorities.
  • For example, changes to the definition of “accredited investors” will impact EB-5 eligibility and access.
  • A less aggressive SEC will also change oversight of large real estate deals involving EB-5 funding.
• There’s also a chance to reverse some of the USCIS operational changes made during the Biden administration.

Political Climate and Xenophobia

• Some think anti-immigration rhetoric will impact EB-5 policies especially CFIUS oversight of foreign funded real estate projects.

Why EB-5 will still have advantages

Despite all these challenges EB-5 is still a unique immigration pathway compared to other visa options.

Trump supporters argue that his presidency will be good for EB-5

A Stable Immigration Option

Compared to other US immigration programs EB-5 is one of the most stable:

• Job Creation: Tangible and measurable, a core requirement of EB-5 is a bipartisan priority.
• No Cost to Taxpayers: The program is self funded through private investment so it’s politically attractive.
• Economic Growth: EB-5 drives development in rural and high unemployment areas.

This stability is reassuring for both entrepreneurs and investors alike, ensuring continued interest in the program.

More Oversight

Government is improving financial and informational systems to prevent fraud and compliance. This will be more visible as IPO emphasizes transparency and transaction review.

Certainty through the RIA

• EB-5 Reform and Integrity Act (RIA) locks in the program framework until March 15, 2027 so investors can plan ahead.
• Investors can file now knowing the minimum investment and rules are fixed.

Concurrent Filing of AOS

• Investors filing through regional centers in TEAs can file AOS with the initial I-526E petition. Others who are filing I-526 can file the AOS if their priority date is current.
• This gives you:
  • Work Authorization (EAD): A 5 year renewable employment permit.
  • Advance Parole: Permission to travel internationally while waiting for green card approval.

Economic Priorities align with EB-5

• Trump’s emphasis on job creation and economic growth both align with EB-5 goals.
• EB-5 is an economic priority for policymakers so there’s less chance of sudden and drastic changes
• Advocates will lobby Congress to increase EB-5 visa caps and expedite processing to maximize economic benefits.

Trump’s history with Real Estate

• Trump’s background in real estate is closely tied to EB-5 funded development projects which will thrive under an administration that supports them.
• Lower taxes and faster approvals will make real estate an even more attractive sector for EB-5 investors
• Tax policies for high net worth individuals (HNWIs) during his previous administration made the US an attractive destination for foreign investors.
• Experts think this will keep interest in EB-5 going.

Neutral to Favorable Policy Environment

During Trump’s first term EB-5 was largely untouched by broader immigration restrictions.

Many expect similar treatment in Trump’s second term and focus on investor confidence.

Trump’s policies are expected to influence foreign investment positively, particularly in sectors like real estate and digital assets.

Opportunities from H-1B and Visa Restrictions

• A stricter H-1B visa will redirect skilled workers and entrepreneurs to EB-5 like what happened from 2017 to 2020.
• This will grow the EB-5 applicant pool and investment in US businesses.
• The backlogs in EB-3 and EB-2 for Indian nationals with wait times of over 10 years will push more Indian professionals in the US on H1B to pursue EB-5.

Lobbying for Program Changes

• Raise the Visa Cap: There’s hope that the lobbying to increase the annual EB-5 visa cap will bear fruit under Trump.
• Faster Processing: Advocates will push for USCIS to improve efficiency to make the program more attractive to foreign investors.

Pro-Business Policies & Tax Cuts for High Net Worth Individuals

Republican administrations including Trump have always supported tax cuts for high net worth individuals. This could:

• Reduce the tax burden on EB-5 investors.
• Make the US a more attractive destination for foreign capital.
• Trump’s promise to lower corporate taxes and reduce regulatory burdens will encourage foreign investment.
• His administration’s tax reforms in his first term resulted in trillions of dollars in cuts that benefited corporations and high income earners making the environment more attractive for foreign investors.
• Significant Tax Reforms: Trump’s administration’s efforts to lower corporate taxes and deregulate the business environment resulted in substantial tax cuts, positioning the U.S. as an appealing destination for foreign investment.

Merit Based Immigration

Trump’s merit based immigration system will align well with EB-5:

Economic Contributions:

• A points based system that prioritizes skills and investments will make the program more attractive to high net worth individuals.
• Global trends are shifting towards skilled immigrants and investor driven policies and Trump’s reforms will make the US a leader in attracting top tier investors.
• Promoting Legal Immigration: By focusing on legal immigration through programs like EB-5, the administration aims to stimulate job creation and contribute positively to the economy.
• Streamlined Application Process:
• Merit based reforms will create a faster pathway for EB-5 applicants, less bureaucracy and less delays.

Simplifying EB-5 Regulations

• Deregulation will simplify the approval process for EB-5 projects and make it easier for foreign entrepreneurs to set up businesses in the US.
• With the Fraud Detection and National Security (FDNS) framework in place the integrity of the EB-5 program can still be maintained while reducing unnecessary bureaucracy.

Market Optimism: The Investor’s Reaction

After Trump’s election, markets surged:

• Stock Market:
  • US stocks hit all time highs.
• Dollar:
  • Dollar had its best day since 2022, as global investors flocked to the US market.

Trump’s Vision for the SEC and Cryptocurrency

SEC Regulatory Changes

• Trump has promised to overhaul the SEC including firing Chair Gary Gensler whose strict regulations have been criticized for killing innovation.
• A more relaxed SEC will reduce the compliance burden on EB-5 projects and crypto backed investments making it more attractive for entrepreneurs.

Cryptocurrency is the New Frontier

• Trump’s crypto friendly approach will attract foreign investors:
• His endorsement of Senator Cynthia Lummis a crypto advocate means he will support digital asset innovation.
• A federal Bitcoin reserve and approved Bitcoin ETFs will make the US a more attractive crypto investment destination.
• Crypto and EB-5:
  • A regulated crypto market will provide legal ways for foreign investors to use digital assets in EB-5 projects.
  • Crypto backed investments will provide new opportunities for diversification in the US market.
  • Transform Traditional Investment Paradigms: The emergence of cryptocurrencies offers innovative engagement opportunities for foreign investors, potentially reshaping established investment strategies.

Global Partnerships: Foreign Investment

Trump’s relationships with global leaders including Saudi Crown Prince Mohammed bin Salman and Turkish President Recep Tayyip Erdogan will bring more foreign direct investment to the US:

• Saudi Diversification:
• As Saudi Arabia reduces its dependence on oil its sovereign wealth fund will invest in US real estate and infrastructure projects.
• Turkey’s Strategic Location:
• Turkey as a bridge between Europe and Asia provides opportunities for US businesses and foreign investors to partner.

These relationships are expected to facilitate increased foreign direct investment in the U.S., particularly in sectors like real estate and infrastructure.

This will bring more foreign investment to EB-5 projects and the economy.

How to Navigate the New Landscape as an EB-5 Stakeholder

Whether you are optimistic or cautious you should act now.

1. File Applications Now

• Investors should file now to avoid delays from policy or procedural changes.
• Filing now will reduce the impact of processing times and fees rising.

2. Stay Up to Date on Policy Changes

• Attorneys and investors should follow USCIS, SEC and Congress for updates on new regulations.
• Subscribe to newsletters or alerts from immigration law firms to be informed.

3. Get Professional Help

• Work with experienced immigration attorneys who know the EB-5 process.
• Attorneys can help with RFEs, consular interviews and find alternative paths if needed.

4. Advocate

• Lobbying should focus on increasing the EB-5 visa cap and reducing processing times to make the program more attractive to foreign investors.

5. Diversify Your Investment Strategy

• Invest in projects with track record of success especially in TEAs to reduce risk and ensure job creation requirements are met.

6. Plan for Delays

• Build in flexibility to your timeline especially if you need to sync your green card process with business or personal commitments

EB-5 Controversy

Keep an Eye on Family Connection to EB-5

There has been some controversy around EB-5 thanks to high profile players like Jared Kushner, Trump’s son-in-law and former White House Advisor. With deep ties to luxury real estate and political influence Kushner’s family business shows how the program has become a powerful tool for developers and raises questions of conflict of interest.

The program was ignored at first but became a lifeline for developers after the 2008 financial crisis.

Kushner and EB-5: Using Influence

Family Ties and Conflicts of Interest

Jared Kushner resigned from Kushner Companies when he became a senior White House advisor to Donald Trump but the family name was still used in EB-5 pitches overseas.

• Real Estate Promotions in China:
  • Kushner representatives were actively marketing to Chinese investors saying that funding projects with the family would get US visas.
  • Events featured properties with the Kushner name to leverage the political connections to attract investors.

Critics’ Complaints

The Kushner family using EB-5 shows how the program is used to benefit luxury real estate instead of its intended purpose of helping rural or distressed areas.

EB-5 Original Purpose vs. Reality

The Intent: Direct Investment to Needy Areas

EB-5 was meant to invest foreign capital in struggling communities to revitalize the economy in:

• Rural Areas: Areas with low population density.
• Urban TEAs: Areas with high unemployment.

The Reality: Funding Luxury Projects

• Luxury over Necessity:
  • High end projects like Miami’s Skyrise and Los Angeles’s Century Plaza Hotel have received hundreds of millions in EB-5 funding.
  • These projects rarely align with Congress’s original intention for the program.
• TEA Gerrymandering:
  • Developers manipulate Census tracts to include high unemployment areas to qualify their luxury projects for the investment threshold (then $500,000).
  • Example: Manhattan’s Hudson Yards used Census data from Harlem to qualify as a distressed area despite being one of the most expensive neighborhoods in New York.

How EB-5 Became a Chinese Magnet

China’s EB-5

• High Demand: Chinese investors are the majority of the program, looking for US residency for their families.
• Visa Backlogs: Demand has created years long wait times for visas and has diminished the program’s promise of speed.

Low Returns, High Appeal:

For wealthy Chinese families the visa is the main goal:

• Lower Risk Threshold: Investors prefer the $500,000 option even if returns are minimal.
• Luxury over Necessity: A prestigious address is more important than the intention to help struggling communities.

The Kushner Effect: Warping EB-5

Advantages for Connected Developers

Projects associated with politically connected families like the Kushners have an added draw for foreign investors:

• Perceived Safety: Investments with the White House seem less risky.
• Access to Foreign Capital: Developers with political ties can get ahead of the line for a share of the 10,000 annual EB-5 visas.

Case Study: 666 Fifth Avenue

• Project: Kushner Companies considered using EB-5 to redevelop the Manhattan skyscraper with Chinese insurer Angbang.
• Impact: The $850 million project could have used up 50% of the program’s annual visa allocation showing how big luxury projects overshadow smaller, more meaningful projects.

Democracy Forward Sues Trump Administration Over Jared Kushner’s EB-5 Role

Democracy Forward, a watchdog group, filed a lawsuit Thelawsuit was filed in the U.S. District Court for the District of Columbia against the Trump Administration seeking transparency on Jared Kushner’s involvement in the EB-5 Immigrant Investor Program. The lawsuit was filed after federal agencies, including the Department of State (DOS), Department of Homeland Security (DHS), and U.S. Citizenship and Immigration Services (USCIS) failed to disclose critical information about Kushner’s connection to the program.

The lawsuit raises concerns about the EB-5 program being used to benefit Kushner Companies’real estate projects and cites federal investigations into these allegations.

Key Points and Concerns

1. Federal Investigations Into Kushner Companies

• Kushner Companies, owned by Jared’s family, used the EB-5 program as a major funding source for their real estate projects.
• Federal prosecutors in New York and the Securities and Exchange Commission (SEC) began investigating after Nicole Kushner Meyer, Jared’s sister and a principal at Kushner Companies, used her family’s ties to the White House to attract foreign EB-5 investors.

2. Jared Kushner’s Role and Security Clearance Scandal

• Kushner was initially denied top secret clearance due to concerns about foreign influence tied to his business.
• The Washington Post reported that officials from at least four countries discussed using Kushner’s business ties for leverage.
• President Trump personally overruled and granted Kushner top secret clearance.

3. Timing of EB-5 Program Renewal

• May 2017: President Trump reauthorized the EB-5 program just before it was set to expire.
• Hours later Nicole Kushner Meyer pitched a family real estate project in New Jersey to Chinese investors, calling it a “Kushner family project” and referencing the EB-5 program.
• Promotional materials included video of President Trump, raising questions about whether White House policy was influenced by Kushner’s financial interests.

Democracy Forward Statement

Anne Harkavy, Executive Director of Democracy Forward:

“A nice way of saying this White House has no conflict of interest policy might be ‘ethically challenged.’ The public deserves to know if helping out the Kushner family was why President Trump reauthorized the EB-5 program and to what extent Kushner’s personal financial needs are driving White House policy on this.”

Has EB-5 Gone Back to Its Roots?

The RIA law was an attempt to address the EB-5 deficincies:

• Tighten TEA Definitions: Stop gerrymandering by making the definitions of distressed areas more strict.
• Focus on Rural Communities: Shift investment away from urban luxury projects to areas that need economic growth.
• Increase Oversight: Monitor transactions to ensure compliance and prevent misuse.

The Future of EB-5 in a Political World

The Kushner family’s use of the EB-5 program shows the bigger problems with the program. While intended to help struggling communities the program has been hijacked by luxury developers. Projects tied to influential families like the Kushners only exacerbate

FAQ: EB-5 Investor Green Card Program Under Trump 2.0

General EB-5 Questions

1. What is the EB-5 investor green card program?
The EB-5 program allows foreign investors to get a U.S. green card by investing in projects that create or preserve at least 10 full-time U.S. jobs. The minimum investment is $800,000 in a Targeted Employment Area (TEA) or $1,050,000 elsewhere.

2. Has the EB-5 program changed under Trump?
Trump’s previous administration left the program mostly intact but processing delays and stricter adjudication standards made it tough. In 2025 reforms implemented under the EB-5 Reform and Integrity Act (RIA) of 2022 are in place to increase transparency and fraud prevention. But how Trump 2.0 will affect the program is unknown.

3. How long does it take to process an EB-5 application?
Processing times for Form I-526 (initial petition) and Form I-829 (removal of conditions) vary depending on backlogs and USCIS efficiency. As of now pre-RIA cases are slowly getting cleared but applicants should still expect a multi-year process.

Questions About Trump’s Policies and How They Affect EB-5

4. Will Trump’s business friendly policies help EB-5 investors?
Yes, Trump’s focus on economic growth and deregulation is good for the EB-5 program’s goal of job creation and foreign investment. His administration will be more investor friendly.

5. Will stricter immigration policies affect EB-5?
Trump has advocated for stricter immigration controls but his policies target addressing illegal immigration or unskilled immigration. EB-5 which requires job creation and significant investment is in line with his merit based immigration and unlikely to be restricted.

6. Will Trump increase EB-5 visa numbers?
Increasing the annual EB-5 visa cap (currently 10,000 visas per year including family members) would require congressional action. While Trump may support the program this would require bipartisan legislation.

7. How will Trump address fraud and misuse in EB-5?
The RIA introduced more compliance measures and increased oversight of EB-5 projects. Trump’s administration will likely enforce these regulations with a focus on fraud prevention and transparency.

Investment Questions

8. What are Targeted Employment Areas (TEAs) and will the definition change?
TEAs are areas of high unemployment or rural areas, qualifying investments for the lower $800,000 threshold. Past misuse involved gerrymandering but the RIA defined TEAs more clearly. Trump’s administration will likely continue to enforce these stricter rules.

9. How does the U.S. government ensure my investment is used properly?
The RIA requires regional centers to comply with strict reporting, auditing and transparency requirements. These measures ensure funds are used for job creating projects and protect investors from fraud.

10. Can EB-5 funds be used for luxury projects?
Developers used to gerrymander to qualify luxury projects for TEA status. Under the RIA this practice has been curtailed. Now projects must meet stricter geographic and job creation requirements.

Processing and Adjudication

11. Will processing times get better in Trump’s second term?
USCIS has been working to clear backlogs but pre-RIA cases are still taking time. Trump’s administration will likely prioritize efficiency, hire more adjudicators and focus on post-RIA petition processing.

12. How will the transition from pre-RIA to post-RIA cases affect processing?
Post-RIA cases benefit from streamlined process and clearer compliance guidelines. As adjudicators focus more on these newer cases processing times will get better over time.

13. Is premium processing available for EB-5?
USCIS recently expanded premium processing to some EB-5 forms. But availability depends on your case type and filing status. Check with your attorney to see if your case is eligible.

Regional Centers and Project Selection

14. What is the role of regional centers in EB-5?
Regional centers pool EB-5 funds to finance projects, manage compliance and job creation. They simplify the process for investors by handling paperwork and operational details.

15. What to look for in an EB-5 project?
Projects with a proven track record of job creation, financial stability and a reputable regional center. Due diligence is key to minimize risk and comply with EB-5 requirements.

16. Are there risks investing through a regional center?
Yes, risks include project failure, delays or non-compliance with USCIS requirements. Working with experienced attorneys and reputable regional centers can minimize these risks.

Global Investor

17. Will Trump’s second term bring more global investors to EB-5?
Yes, Trump’s business friendly stance and focus on job creation will likely attract more global interest especially from countries like India, China and Vietnam which already dominate EB-5 filings.

18. How does EB-5 compare to similar programs in Canada or Australia?
EB-5 offers U.S. residency and citizenship but processing times are longer than similar programs in Canada or Australia. But the U.S. market is larger and has more opportunities so many prefer EB-5.

19. Will Chinese investors face more hurdles?
Chinese investors still face visa backlogs due to high demand. Trump has tightened U.S.-China relations but EB-5 is not directly affected as it’s an economic benefit program.

Compliance, Fraud and Oversight

20. How does the government prevent fraud in EB-5 projects?
The RIA introduced mandatory audits, background checks and stricter reporting requirements for regional centers. These measures are designed to ensure compliance and protect investors.

21. Can I lose my investment or visa eligibility?
Yes, risks include project failure, job creation shortfalls or failure to meet USCIS requirements. Careful project selection and legal guidance can minimize these risks.

22. What if my project doesn’t create enough jobs?
If the 10 jobs per investor aren’t created, your petition will be denied. Regional centers often structure projects to exceed the job creation minimums to minimize this risk.

Future of EB-5

23. Will the EB-5 investment amounts increase?
The RIA locked in the current amounts ($800,000 for TEAs, $1,050,000 for others) until March 15, 2027. After that they may adjust for inflation.

24. Can EB-5 visas be taken from other immigration categories?
Trump’s administration may advocate for taking visas from other categories (e.g. EB-3 for unskilled workers) to programs like EB-5 which align with his merit-based immigration priorities. But that would require congressional approval.

25. How does Trump’s administration view EB-5 compared to other immigration programs?
EB-5 is more favorable than unskilled or family-based immigration categories as it aligns with Trump’s economic growth and job creation focus.

EB-5 Tips for 2025 and Beyond

• Start Early: File your petitions as soon as possible to avoid processing delays or policy changes.
• Stay Informed: Follow USCIS and Trump administration updates on EB-5.
• Hire Experts: Work with experienced immigration attorneys and reputable regional centers.
• Pick Proven Projects: Go with projects that have a track record of compliance and job creation.
• Plan for Delays: Factor in the backlogs in your timeline.

EB-5 in the Trump 2.0 Era

The EB-5 Immigrant Investor Program has survived multiple administrations and is here to stay as part of U.S. economic policy. Trump’s second term will bring both opportunities and challenges. Proper planning, informed decision making and professional guidance will help investors navigate the changes.

Call the Herman Legal Group if you have questions about EB-5 or need help with your petition.

Trump 2.0: Immigration Policies Likely to Impact Family & Employment

Introduction

With Trump re-elected, we need to know what will happen to marriage-based immigration, K-1 visas, CR1/IR1 visas and green cards. While his second term policies are still unknown, we can look to his past actions and statements, including numerous immigration executive orders, to get a sense of what might change. Here’s what applicants and sponsors can expect and what to do.

As the U.S. heads into a second Trump administration, understanding the immigration policy changes is key for families and businesses. Here’s what to analyze and how to prepare:

• Actions taken 2017-2021 during his first term.
• Campaign statements and proposed policies.
• Reversals and adjustments made by the Biden administration, many of which will be rolled back. President Biden has revoked several of Trump’s immigration executive orders, reshaping the immigration landscape.

Whether you are a foreign worker, a family seeking immigration benefits or an employer of international talent, you need to be prepared.

Trump and K-1 and CR-1: Marriage-Based Immigration

Trump’s Immigration Policy

• Trump’s immigration policy has been about reducing immigration, including marriage-based immigration.
• The Trump administration has taken many steps to reduce the number of immigrants entering the US, including tighter visa requirements and more visa application scrutiny. A directive from President Trump emphasized the importance of not taking shortcuts in the enforcement and administration of these laws, highlighting the need to administer immigration laws effectively.
• The administration’s “America First” policy puts American citizens first, not immigrants.

Impact on Marriage-Based Immigration

• Trump’s policies have had a big impact on marriage-based immigration, including K-1 visas and CR-1 visas.
• He’s made these visas more difficult with more documentation and more scrutiny of applicants by immigration officers.
• Processing times for these visas have also gotten longer, causing delays and uncertainty for applicants.
• Issuance of green cards to those outside the U.S. has declined, impacting family reunifications and employment-based immigration.

K-1 Fiancé(e) Visas

• Trump has made K-1 fiancé(e) visas more difficult with more documentation and more scrutiny of applicants.
• Processing times for K-1 visas have also gotten longer, causing delays and uncertainty for applicants.
• K-1 visa denial rate has also increased, with some reports saying up to 30% of applications are being denied.

Visa Applications

• Trump may make changes to visa applications, more requirements and more scrutiny of applicants during the immigration process.
• He may also lengthen processing times for visa applications, more delays and uncertainty for applicants.

Families and Employers

• Trump’s policies have impacted families and employers who rely on marriage-based immigration.
• More scrutiny and processing times for visa applications, especially those involving legal immigration, means more delays and uncertainty for families and employers.
• The denial rate for visa applications has also affected families and employers, causing separation and disruption.

Be Prepared for Policy Changes

• Families and employers should be prepared for policy changes by staying up to date on immigration laws and policies.
• Applicants should also make sure they meet the requirements for their visa application and have all documents.
• Applicants should also be prepared for delays and uncertainty in the process and plan accordingly.

What to Do Now?

File Before January 20:

• File your case under current rules before requirements get stricter, as seen during the previous Trump administration.
• Apply for citizenship, green cards or family-based visas now.

Bolster Financial Evidence:

• Max out your Adjusted Gross Income on your 2024 tax return.
• Minimize deductions to meet financial eligibility thresholds.

Expedite Interviews:

• If you have a pending USCIS or consular interview, schedule it ASAP to avoid delays from new policies.

Prepare for RFEs:

• Check documentation twice to make sure you meet all requirements.
• Load up applications with strong evidence of bona fide relationships to ensure the USCIS reviewing officer can assess your eligibility without needing additional documentation.

Get Professional Help:

• Immigration laws are complicated and ever-changing. Work with an immigration expert to help you navigate the process.

Families and Employers

To guide your strategy in preparing for Trump 2.0, the following chart will provide some key guidance.

Family-Based Immigration

Policy Area	Trump’s First Term	Biden Administration	Second Trump Term Expectations
Public Charge Rule	Introduced strict financial proof	Reversed rule	Likely reinstatement, reflecting President Trump’s last term policies
Adjustment Interviews	Mandatory for all cases	Waived for low-risk cases	Universal reinstatement
Sponsor Income Requirements	Increased income thresholds	Restored previous thresholds	Higher financial requirements
Form I-944	Required detailed financial proof	Eliminated	Likely reinstatement
K-1 Fiancé Visas	Slower processing and increased RFEs	Stabilized	Potential additional scrutiny

Processing and Procedures

Policy Area	Trump’s First Term	Biden Administration	Second Trump Term Expectations
Requests for Evidence (RFEs)	Increased RFEs, particularly for employment cases	Reduced issuance	Higher rates of RFEs as USCIS reviewing officer examines applications more thoroughly
Processing Times	Lengthened processing times	Improved efficiency	Anticipated delays
Premium Processing	Limited availability	Expanded premium processing	Potential restrictions

Entry and Admissions Policies

Policy Area	Trump’s First Term	Biden Administration	Second Trump Term Expectations
Travel Bans	Imposed regional bans targeting nations	Rescinded bans	Potential expansion to new regions
Enhanced Vetting	Introduced social media reviews	Limited screening	Broader scrutiny
Refugee Caps	Significantly reduced quotas	Increased admissions	Stricter limits

Employment-Based Immigration

Policy Area	Trump’s First Term	Biden Administration	Second Trump Term Expectations
H-1B Wage Requirements	Increased wage thresholds	Reverted to prior calculations	Higher wage thresholds
Specialty Occupation	Narrowed definitions	Broadened criteria	Stricter eligibility
H-4 Work Authorization	Threatened removal	Preserved authorization	Likely elimination
Compliance and Oversight	Enhanced audits and reviews	Reduced compliance pressure	Stricter compliance requirements
OPT and STEM OPT	Heightened scrutiny	Expanded opportunities	Stricter oversight

Actionable Insights

Takeaways

For Families:

• Start financial preparations early, like building up savings and gathering documentation like tax returns, credit reports and proof of income.
• Work with immigration experts to navigate the restrictions and explore waiver options where possible.
• Prepare a Safety Plan.

For Workers:

• Keep detailed job descriptions and supporting documents to match stricter eligibility requirements.
• Stay up to date on policy changes, use expedited filing where possible and explore alternative visa options if needed.

For Employers:

• Conduct proactive audits to prepare for regulatory changes.
• Develop contingency hiring plans, such as diversifying talent sources or remote work for critical roles.
• Work with legal teams to address potential issues for high-priority positions that require specialized visas.

Trump to Overhaul Immigration from Day One

President-elect Donald Trump is preparing to remake the U.S. immigration system from day one on January 20, when he takes office. Immigration has been a big part of Trump’s platform and his second term will deliver on the promises he made during the 2024 campaign.

Trump’s Plan: Immigration Reform from Day One

From his campaign speeches to policy statements, Trump has made immigration reform his top priority. His latest moves include high-profile appointments and a clear timeline for action. Here are the key parts of his plan:

• Mass Deportations: Crack down on undocumented immigrants, starting with those who have committed crimes.
• End Birthright Citizenship: Eliminate automatic citizenship for those born on U.S. soil to undocumented parents.
• Border Security: Restart the southern border wall and deploy advanced technology.
• Secure the Border: Trump will issue immigration executive orders on day one to harden the border.

Key Appointments

Trump has tapped immigration hawks to lead the charge:

• Stephen Miller: As deputy chief of staff, Miller will help shape and execute broad immigration policies.
• Tom Homan: Back as “border czar,” Homan has years of enforcement experience and promises to move fast.

Both have been on the airwaves, explaining the administration’s plans to crack down on immigration and secure the border.

Legislative Agenda: Reconciliation Package

The administration will use the budget reconciliation process, which allows some measures to pass with a simple majority in Congress. Here’s what’s expected to be in the package:

• More ICE Funding: To support mass deportations and enforcement.
• Border Infrastructure: Additional funding for walls, barriers and technology at entry points.
• More Border Agents: To handle the expected surge in enforcement.

Republicans hope to get this to Trump’s desk by late January or early February.

Executive Orders on Day One

Trump will sign multiple executive orders on his first day, one of which Miller described as an order to “secure the border.” These will include:

• Immediate asylum halts.
• Expedited deportations for undocumented immigrants.
• Policies to pressure sanctuary cities to work with federal immigration authorities.

A Second Term with a Plan

Unlike his first term, Trump has a plan and experience. As immigration advocate Ira Mehlman says:

“They’ve had four years to learn the system and they’re ready to do it.”

Economic and Human Costs

While Trump’s base supports his stance, critics warn of big economic and social costs. Here are the concerns:

• Economic Disruption: Deporting millions of workers from industries like agriculture, construction and hospitality which rely heavily on undocumented labor.
• Family Separations: Deportation policies will split families, including those with mixed immigration status.
• Legal Challenges: Democratic governors and advocacy groups have vowed to fight ending birthright citizenship, predicting many court battles.

Tough Policies with a Path for Dreamers

Trump has hinted he’s open to a legislative solution for Dreamers, young people brought to the US illegally as children. But that will likely require Democratic support for more border security.

Opposition and Legal Barriers

Democratic leaders and immigration advocates are gearing up to push back. Senate hearings have already shown differing views:

• Republican Arguments: Advocates like Patty Morin say undocumented criminals are a danger, citing personal stories as proof of need for tougher enforcement.
• Democratic Arguments: Critics, including Sen. Dick Durbin, say mass deportations would be expensive and inhumane and advocate for targeted enforcement and a path to legal status.

Durbin summed up the opposition’s view:

“Deporting every undocumented immigrant would cost hundreds of billions and tear families apart. Let’s focus on those who are a real threat.”

What’s Next? A Country Divided on Immigration

As Trump takes office the fight over immigration policies will be front and center in both the political and legal arenas. With his base behind him and Democratic governors and advocacy groups opposed, the country is in for an immigration showdown.

Whether it works will depend on his administration’s ability to get through Congress, public opinion and the courts. One thing is for sure: immigration will be a hallmark of his presidency.

What to Expect from the Trump Administration

Executive Orders and Policy Changes on Day One

The administration will move quickly in several areas:

USCIS Adjudication Practices:

• Reinstatement of policies that allow for more denials without first requesting additional evidence.
• No deference to prior approvals, more denials and longer processing times.

Humanitarian Programs:

• TPS and parole programs for countries like Cuba, Haiti, Nicaragua and Venezuela will be terminated.
• DACA statusis unclear, will create workforce disruptions.

I-9 Audits and Worksite Inspections:

• More frequent audits, investigations and site visits to verify H-1B and L-1 compliance.

Travel Restrictions:

• More travel bans and increased visa interview screening will make international travel for employees more complicated.

USCIS Vigorously Enforce Immigration Law

• Tighter Scrutiny:
• USCIS will take no shortcuts, looking for minor errors or inconsistencies in applications.

Delays and Denials:

• More scrutiny means longer processing times and higher denial rates.

Requests for Evidence (RFEs)

• Historical Trend: During the previous Trump administration, RFEs skyrocketed for trivial reasons, causing system-wide slowdowns.
• Future Expectation: Be prepared for more documentation and detailed responses to avoid delays.

Extreme Vetting

• Consular Interviews: You may be required to:
• Turn over your phone for inspection of contact lists and photos.
• Share your social media usernames and passwords.
• Provide 15 years of travel, employment and address history.
• Answer ideological questions about U.S. culture and values.

Public Benefits and Financial Eligibility Rules

• Expanded Ineligibility:
• Previously included cash welfare recipients (e.g. SSI, food stamps).
• May include non-cash benefits like Medicaid, subsidized housing and Medicare Part D.
• May disqualify sponsors who ever received public benefits in their lifetime.
• New Proposals:
• Require proof of assets in addition to income.
• Require health insurance for sponsors and applicants.
• Impact: Sponsors will have to show higher financial stability and comply with stricter definitions.

Best and Brightest

• Eligibility Changes: New rules may favor immigrants with advanced education, specialized skills and good health over family based applicants.
• Refugee Admissions
• Refugee admissions were cut to historic lows during Trump’s presidency.

Mandatory Interviews

• Current Practice: Waivers are often granted when sufficient evidence shows a bona fide relationship.
• Expected Change: The USCIS reviewing officer may have the discretion to waive mandatory interviews if sufficient evidence of a bona fide relationship is provided. However, there is an expected change towards mandatory interviews for all K1 and CR1/IR1 applicants, leading to longer processing times.

Delays and Backlogs

• Total Impact: Stricter rules and more requirements means slower case resolution, backlogs and denials.

Higher Standards for U.S. Citizenship

• Civics Test: Expect a more difficult civics test with more questions and higher passing scores, reversing Trump’s previous changes.
• Ramping up of denaturalization efforts.

Family-Based Immigration

• Proposed Changes:
• Eliminate eligibility for parents and siblings of U.S. citizens to immigrate.
• Only spouses and minor children.

Long-Term Immigration Reform

As his term goes on, Trump will likely:

H-1B Program Reform:

• Redefine “specialty occupation” criteria.
• Higher wage requirements for H-1B workers.
• Prioritize cap registrations by salary.

Visa Denials and Restrictions

• H-1B Visas: Denial rate for initial H-1B employment applications rose to 24% in 2018 and 21% in 2019 from 6% before Trump was elected. Renewals also saw increased scrutiny with denial rate of 12% in 2018 and 2019.
• Court Challenges: After lawsuits, denial rate fell to 2% in 2022. But Trump’s team left a 2020 rule in place to reinstate restrictions which could be re-imposed in a second term.
• L-1 Visas: Trump used immigration law to bar entry for intra-company transferees, but courts ruled he overstepped his authority.

F-1 OPT Programs:

• Reduction or elimination of Optional Practical Training (OPT) forinternational students.
• Specific Work Authorization Programs:

End to Employment Authorization Documents (EADs)

* for H-4 spouses and other individual programs.

Merit-Based Immigration:

• Prioritize highly skilled, educated workers with good economic prospects over family based immigration, emphasizing the importance of legal immigration to attract and retain top talent.
• Proposals include wage floors, recruitment requirements and protections for American jobs and wages.

End Birthright Citizenship:

• A controversial proposal to deny automatic citizenship to children born in the U.S. to non-citizen parents.

For Employers

Tougher Visa Adjudications

• Expect more documentation requirements for H-1B, L-1 and O-1 visa petitions.
• Routine applications will be delayed, especially those not done through premium processing.

Travel Disruptions

• New travel bans will complicate both personal and business travel.
• Employers should plan ahead for potential delays or denials that will leave employees stranded abroad.

More Stringent Screening

• Visa applications will require more scrutiny for ideological affiliations or positions.
• Employers should prepare for longer consular processing times.

Increased Enforcement

• Expect more I-9 audits and potential workplace raids.
• Employers should have robust onboarding process, regular internal audits and compliance training for HR teams.

Financial and Operational Impact

• Higher prevailing wage requirements will impact H-1B workers and other employment-based visa categories.
• TPS and H-4 EAD terminations could result in losing key employees and disrupting business.

For Employers

Internal Housekeeping

• Audit I-9 and visa compliance regularly.
• Have escalation protocols for audits, raids or employee status changes.

Consult with Experts

• Stay in touch with immigration counsel to stay on top of the changing rules.
• Develop contingency plans for affected employees and workforce strategies to address potential disruptions.

Follow Policy

• Monitor legislative and regulatory changes especially those that impact employment based immigration.
• Be aware of new travel and visa restrictions to avoid surprises.

Plan for Workforce Changes

• Identify roles that will be impacted by changes to visa or work authorization programs.
• Plan alternative staffing and workforce strategies.

Economic Impact of Immigration Policies

Policies during Trump’s previous administration suggest this plus the pandemic reduced the foreign born workforce. The impact was measurable:

• GDP Growth Decline: Economist Madeline Zavodny estimated that between 2016 and 2022 U.S. GDP was $335 billion lower than it would have been if the foreign born working age population had continued to grow at previous rates.
• Labor Shortages: A smaller working age population means higher wages and shortages in industries that rely on foreign workers like technology, agriculture and hospitality.

Project 2025: The Second Trump Term Blueprint

Developed by the conservative Heritage Foundation with input from former Trump administration officials, Project 2025 outlines the immigration policies Trump could implement if re-elected.

Temporary Work Visa Overhaul

• H-1B Program: The plan will turn H-1B into an elite program for the highest paid foreign workers, top talent only, and discourage lower wage applications.
• H-2A and H-2B Visas: The plan will freeze the list of countries eligible for these visas which would severely impact sectors like agriculture, hospitality and construction by reducing foreign labor availability.

Increased Vetting and Enforcement

• Longer Background Checks: USCIS staff will focus more on security vetting which could delay processing of work permits and other benefits.
• More Frequent Permit Renewals: Immigrants will have to renew their work permits more frequently which will add to the backlogs.
• Deportation of Denied Applicants: Project 2025 recommends deporting individuals whose immigration benefit applications are denied even if they are legally in the US.

What’s at Stake

For Businesses and Workers

• Agriculture: Niskanen Center says freezing H-2A visa updates could reduce farm labor by 10% which would mean higher costs and lower productivity.
• Tech Industry: Limiting H-1B visas to top earners would disadvantage smaller tech companies that can’t compete with the big players for talent.
• Hospitality and Construction: These sectors that rely heavily on H-2B workers would face severe labor shortages and higher costs.

For Immigrants and Families

• Immigrants with pending status could face prolonged uncertainty and deportation if benefits are denied or delayed.
• Humanitarian parole programs like Venezuelans, Ukrainians and others could be eliminated.

Trump’s Promise of the Biggest Deportation Operation in U.S. History

Now that the 2024 presidential election is over the biggest question being asked is what will the second Trump administration do on immigration?

Former president Donald Trump made immigration the centerpiece of his campaign and promised the “biggest deportation operation in American history” if re-elected. His proposals go way beyond what he did in his first term and will impact millions of immigrants and change the way America approaches immigration enforcement, border protection, security and family reunification.

Trump’s immigration platform goes beyond undocumented immigrants. His policies will change the very fabric of U.S. immigration, legal pathways, citizenship and protections for asylum seekers.

“Liberation Day” and New Immigration Enforcement

Some of Trump supporters have characterized November 5, 2024 as “Liberation Day” — the day when Trump won the election and put him on the path to free America from “foreign occupation” by gangs and drug cartels.

Trump has pledged to move significant federal law enforcement resources to immigration enforcement, especially against gang and cartel activity. Federal law enforcement officers will play a crucial role in executing large-scale immigration enforcement operations and arresting undocumented individuals as part of this initiative.

Key Themes and Anticipated Changes

“Our Country is Full”

In 2019, President Trump tweeted, “Our Country is Full,” signaling an emphasis on restricting immigration. His administration’s focus included building border walls, deporting undocumented immigrants, altering DACA, and scrutinizing naturalized citizens. Applicants for fiancé, spouse, and family visas should expect stricter requirements and longer wait times.

Get Ready for a Big Change in U.S. Immigration Policy

As the new administration begins, Trump’s plan is clear: border walls, mass deportations and less humanitarian protection. Employers, immigration advocates and migrants should stay informed and consider getting ahead of the changes.

In this article we will look at Trump’s immigration policies, the social and economic consequences and the bigger picture for immigrant communities and the country.

American People Want Aggressive Immigration Enforcement

Before we get into the policies of the second Trump administration, we need to first look at what the voters said on November 5, 2024.

Recent polling shows Americans are more in favor of stricter immigration policies, in line with former President Donald Trump’s position. According to the AP VoteCast survey, more Americans now favor deporting undocumented immigrants rather than a pathway to legal status. This shift underscores the public’s support for stricter immigration law and highlights the legal implications of such policies.

AP VoteCast Results

• Deportation: 4 in 10 voters think undocumented immigrants should be sent back to their country of origin, up from 3 in 10 in 2020.
• Less Support for Legal Status Pathways: While most voters still support legal status for undocumented immigrants, that number has dropped since the last election cycle in 2020. This means the electorate is more hardline on immigration.

Trump’s Immigration Message and Its Impact

• Border Crossings and Crime: Trump has made the surge in illegal crossings at the U.S.-Mexico border a national security threat, linking it to crime. During the last Trump administration, there were significant changes in immigration policy, including a revised civics test for US citizenship and proposed extreme vetting measures for immigrants. He has focused on immigration in swing states, framing it as a national security issue.
• Falsehoods: Trump has falsely and controversially accused Haitian immigrants in Ohio of doing strange things, including eating pets. While these claims are not true, they may have played well with voters in battleground states far from the border like Pennsylvania, Michigan and Wisconsin.

Strong Support Among Trump Voters

• Deportation in Key States: In Pennsylvania, Michigan and Wisconsin, 8 in 10 Trump voters favor deportation over a pathway to legal status. This is high in these states so Trump’s immigration message is resonating.

This shows Trump’s tough stance on immigration is working more than ever with more voters in favor of more.

But we’ll see if Americans will continue to support this when they watch on the news every night: families being torn apart, parents being arrested and imprisoned and children crying.

Trump’s Immigration Plan

Trump’s immigration plan goes beyond deportation and enforcement, he wants to overhaul the entire U.S. immigration system. Here are the main parts of his plan:

Mass Deportations on a Massive Scale

Number: Trump wants to deport up to 20 million people, including undocumented immigrants and those with temporary legal status. This is more than any previous deportation effort and includes people who have lived in the U.S. for years. The immigration courts are already overwhelmed, and such a large-scale deportation plan would exacerbate the backlog in asylum system, necessitating a significant expansion of resources to handle the influx of new cases.

Trump’s Vision for Mass Deportations

• Broader Reach: Trump has promised the “biggest deportation program in U.S. history,” targeting undocumented immigrants, especially those accused of violent crimes. During the campaign he pointed to examples of undocumented immigrants to make his point, but some were debunked.
• Targeted Areas: Trump has named specific places like Springfield, Ohio and Aurora, Colorado as the first areas to focus on, saying he would take away temporary legal status from certain immigrant groups in those areas. His team has also mentioned deporting individuals with extremist ties, like “pro-Hamas radicals” from college campuses.
• Advisors: Trump’s campaign press secretary said his plan is total, he will use every federal and state resource to do mass deportations.

How Mass Deportations Would Be Enforced

Military and Law Enforcement: President Donald Trump officials say he would use a wide range of resources to enforce deportations of unauthorized immigrants, including the U.S. military, National Guard and local law enforcement. This could mean extensive cooperation with state and local police to find and detain undocumented immigrants.

Executive Authority: Trump could use emergency powers and numerous executive orders and actions to speed up deportations and bypass some protections for undocumented immigrants. Legal scholars say he could use obscure wartime provisions that were used for mass detentions in the past, like during World War II for Japanese, German and Italian nationals.

More Contracts with Private Companies: The deportation process would likely involve private contractors for detention facilities, transportation and deportation flights. Private companies already manage many parts of immigration detention and this could increase if deportation efforts grow.

Historical Comparison: Trump’s plan is modeled after Eisenhower’s “Operation Wetback” in the 1950s where the U.S. forcibly deported people of Mexican descent, including U.S. citizens. But Trump’s is bigger and broader, targeting long-time residents and new arrivals.

More ICE: The new administration will remove the limits on Immigration and Customs Enforcement (ICE) put in place by the Biden administration so ICE will be more active against undocumented people in the U.S.

Alien Enemies Act: new Trump administration will use the Alien Enemies Act to target violent gangs like Venezuela’s Tren de Aragua and cartel members with a focus on reducing organized crime in immigrant communities.

Logistical and Legal Hurdles

Experts say deporting 20 million people in 4 years is impossible without significant resources, an expanded law enforcement workforce and a lot of money: Mass deportations at this scale means massive arrests, detentions and immigration hearings. Each stage requires due process which means legal representation, appeal rights and judicial review. To achieve this scale would mean bypassing or stretching legal protections — which would be challenged in court.

Extraordinary Economic Hurdles

Cost of Mass Deportations

• Cost Estimates: According to estimates by Vice President-elect J.D. Vance and the American Immigration Council, deporting 1 million people a year would cost $88 billion a year. Deporting the entire 11 million undocumented population would take 10 years and cost nearly $1 trillion.
• Detention Capacity: ICE currently has capacity for 41,500 people a day, it peaked at 55,000 during Trump’s first term. To support the scale Trump envisions, detention facilities would need a 24 fold increase in capacity which is logistically and financially impossible.
• Private Contractor Opportunities: Trump’s plan will create opportunities for private contractors in detention, transportation and security as private companies will be able to expand their role in detention facility management, flight operations for deportations and other services.

Court Challenges

• Immigration advocates and civil rights groups will sue against mass deportation policies citing constitutional protections and due process rights. But Trump’s influence on the judiciary during his first term, including hundreds of conservative judges, may make it harder to do so. Legal advocacy groups like the ACLU are preparing to sue against mass deportations to defend constitutional rights like due process and protection against unreasonable search and seizure

Community/State Resistance:

• Some states and local governments will resist federal efforts, especially those with pro-immigrant policies. Local governments and advocacy organizations are preparing to counter deportations by offering legal resources and challenging enforcement in court. Local governments and immigrant communities are organizing resources to provide legal aid, rapid response networks and to educate immigrants about their rights.

Militarized Immigration Enforcement and National Guard

Trump’s immigration enforcement plan includes a big increase in immigration enforcement with military and local police.

• Deploying Military and Law Enforcement: Trump’s plan includes using National Guard troops to assist in immigration enforcement, raids and detaining undocumented individuals with local law enforcement. Trump’s advisor Stephen Miller has talked about creating a new deportation force with military personnel and federal agents in states with cooperative officials.
• Sweeps and Raids: The plan would involve big raids in immigrant communities and workplaces, increasing the risk of wrongful arrests, racial profiling and rights violations.

Response:

• Limit Local Involvement: Many states and cities with pro-immigrant policies are preparing to opt out of mass deportations. They are passing laws and policies to prevent local law enforcement from being used in federal immigration enforcement.
• Documentation and Accountability: Legal organizations are organizing to document and challenge militarized enforcement abuses and ensure transparency and accountability.

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Dismantling Humanitarian Protections: Ending Asylum and TPS

Trump’s immigration plan includes ending asylum protections and revoking humanitarian protections for people from conflict zones.

Reviving Title 42, Asylum Restrictions & TPS

• Title 42: Trump will revive Title 42, a public health policy implemented during COVID-19 that allowed for rapid removal of migrants. He will likely use it to block asylum claims broadly.
• Remain in Mexico Policy: Trump will bring back the policy forcing asylum seekers to wait in Mexico while their cases are processed. Critics say this policy puts vulnerable people in harm’s way and limits access to legal assistance.
• Ending Asylum: Trump’s administration will end asylum for those seeking protection at the border. Asylum is a fundamental right under U.S. and international law for people fleeing persecution. Trump’s restrictions would severely limit asylum claims at U.S. borders, forcing migrants to stay in dangerous conditions in their home countries.
• TPS Protections: Temporary Protected Status (TPS), which allows people from countries in crisis to live in the U.S., would also be curtailed under Trump’s plan. Revoking TPS would affect hundreds of thousands of people who have lived in the U.S. for years, uprooting their lives and possibly forcing them to return to dangerous conditions.

Humanitarian Parole

• CBP One App: The Biden administration’s use of the CBP One app for hundreds of thousands of migrants could be severely limited or ended.
• Targeted Programs: Programs for 30,000 migrants per month from countries like Cuba, Haiti, Nicaragua and Venezuela would be eliminated as Trump tightens border security.

Response:

• Court Intervention: Legal organizations are preparing to defend asylum and TPS.
• Legislative Advocacy: Immigration advocates are working with pro-immigrant lawmakers to protect TPS and asylum programs and the human rights of removing these protections.

Family Rights: Birthright Citizenship and Public Education

The administration is also planning to take away certain rights from immigrant families, including birthright citizenship and public education for undocumented children.

• Birthright Citizenship: Trump wants to repeal birthright citizenship for children born in the U.S. to undocumented parents, challenging a long-standing interpretation of the 14th Amendment. If implemented, this policy would strip millions of U.S.-born children of their citizenship and create a generation without legal status.
• Public Education: Trump’s advisors have suggested revisiting the Plyler v. Doe decision which guarantees public education for all children. Cutting off education would force families to leave the country or not enroll their children in school, causing long-term harm to children’s education and social development.

Response:

• Constitutional Defense: Legal advocates will challenge attempts to restrict birthright citizenship which has constitutional roots and historical precedent.
• State Protections: States can pass laws affirming education for all children and set up systems to keep schools open and safe for undocumented

Ideological Screening of Immigrants

• Screening Criteria: Trump will screen out individuals whose views he deems anti-American. This will target groups he has labeled as “communists, Marxists and socialists.”
• Student Visas: Trump will revoke student visas for individuals involved in pro-Palestinian or anti-Israel protests. Such criteria raises freedom of expression and the chilling effect on international students.

Public Charge Rule

• Welfare Restrictions: Trump will re-impose a stricter public charge rule which will limit green cards for immigrants who are likely to use public assistance. This rule was designed to ensure self-sufficiency and will make it harder for low-income immigrants to get permanent residency.

Travel Bans

• Targeted Travel Bans: Trump will bring back travel bans from countries he considers security threats. These bans will likely target countries with history of political instability or terrorism and restrict travel from those regions to the U.S.

Mexican Goods Tariffs

• Tariff Threat: Trump will impose 25% tariff on all Mexican imports if Mexico doesn’t take more action to stop the flow of drugs and migrants into the U.S.
• Pressure: The goal is to get Mexico to increase border enforcement by using economic leverage to get cooperation on migration and crime.

Border Wall

• Wall Expansion: Trump will restart the U.S.-Mexico border wall which saw over 450 miles built during his first term.
• More Security: Trump will “fix our borders” and stop unauthorized entry, he says border security is key to American safety.

While Trump’s plans have practical and legal obstacles, his influence on the judiciary and potential congressional support will make it more doable this time around. But implementing such a massive program will require navigating logistical challenges, getting funding and overcoming legal hurdles.

Congressional Role in Challenging Immigration Policies

Congress will have a big role in responding to Trump’s immigration plans. Lawmakers can limit funding, exercise oversight and shape legislation.

• Funding Control: Congress can restrict funding for immigration enforcement and detention facilities which will limit the scale of Trump’s deportation efforts. By blocking additional funding for ICE and CBP, Congress can limit the capacity for mass deportations and detention camp expansions.
• Oversight and Accountability: Congress can exercise oversight by holding hearings, issuing subpoenas and holding federal agencies accountable for civil rights. Pro-immigrant lawmakers are working to hold agencies accountable for any abuse.
• Alternative Legislation: Pro-immigrant lawmakers are pushing for legislation that provides clear immigration pathways, protects families and humane border management.

Defending American Values: Changing the Narrative

A big part of resisting Trump’s immigration agenda is to change the national conversation around immigration.

• Public Education and Awareness: Advocates are educating the public about the contributions of immigrants and the harm of extreme enforcement. By sharing stories of immigrant families and American values, advocates hope to counter xenophobic narratives.
• Polling and Research: Studies show most Americans support balanced immigration policies with a path to citizenship and humane treatment of immigrants. Advocates are using this data to drive public campaigns and legislative agendas.

Response:

• Community Engagement: Advocacy groups are mobilizing local communities to support inclusive immigration reforms and counteract fear-based narratives.
• Advocating for Humane Policies: By pushing for fair and humane immigration policies, advocates will shape future immigration reforms and protect all residents.

Biden Administration Preparing for Border Surge Before Trump Takes Office

With Donald Trump’s election, the Biden administration is preparing for a border surge at the southern border as immigrants try to get in before Trump’s policies kick in.

• Last-Minute Entries: With Trump’s tougher border policies coming, some experts say there could be a wave of migrants trying to get into the U.S. before he takes office. This “last-chance” influx will put more pressure on already overwhelmed border resources.

The Department of Homeland Security (DHS) has started developing contingency plans, expecting some migrants to try to get into the U.S. before the inauguration, fearing Trump’s policies.

DHS Meets to Discuss Border Readiness

• Planning Session: DHS Secretary Alejandro Mayorkas met with CBP and ICE officials to discuss preparing for a migrant surge. Topics included ICE bed space, managing asylum claims and processing times for those not eligible for asylum.
• Capacity Issues: Can DHS process a surge of migrants fast enough to avoid releasing into the U.S. due to capacity?

Migrant Messaging Causes Border Closure Fears

• WhatsApp Activity: Since Trump’s election, immigrants and smugglers have been messaging on WhatsApp saying “now is the time to come to the U.S.” These messages are common on migrant routes and reflect fear that Trump will close the border as soon as he’s in office.
• Misinformation Spreading: Messages on WhatsApp are spreading false information, some saying the cutoff is January 10 instead of January 20, Trump’s inauguration date.

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CBP’s Message to Migrants: “Don’t Believe Smugglers”

• Don’t Enter Illegally: A CBP spokesperson told migrants to use safe and legal entry methods and not to believe smugglers. CBP said U.S. immigration laws are still in effect and migrants should use legal channels.

Smugglers Take Advantage of Trump’s Return to Push Migrants to Cross Fast

• Shelters in Mexico on High Alert: Shelters along the U.S.-Mexico border are preparing for a surge of migrants seeking temporary housing before trying to get into the U.S.
• Shelter Operators Worried: In Tijuana, Gustavo Banda, who runs the Templo Embajadores de Jesus shelter housing around 1,400 migrants, said smugglers, or “coyotes,” will pressure migrants to try to get in before Trump takes office. Despite the uncertainty, Banda is trying to keep migrants calm and remind them no policies have changed yet.
• Nogales Shelter Ready: Francisco Loureiro, who runs a shelter in Nogales, has seen increased anxiety among migrants, many of whom use CBP’s ONE app for asylum appointments. He’s recently prepared his facility for an influx.

Migration Caravan in Mexico Heads to Northern Border

• From Chiapas: A caravan has recently left Chiapas, near the Guatemala border, and is moving north. Caravans are common but the timing has raised concerns that more migrants will head to northern border areas like Nogales before Trump’s policies kick in.

Economic and Logistical Costs of Mass Deportations

Carrying out Trump’s deportation plan would require massive resources. The Supreme Court has previously ruled on issues related to citizenship rights and equal access to education, which could play a significant role in the legal challenges against such mass deportation policies when the Trump administration regains office.

Let’s get into it:

Financial

• Cost: According to the American Immigration Council, deporting one million people a year would cost around $1 trillion over a decade. That’s for increased staffing, detention facility expansion and transportation.
• Economic Impact: Deporting millions could shrink U.S. GDP by 4.2% to 6.8% over a decade as undocumented workers fill essential jobs in industries like agriculture, construction and caregiving.

Workforce

• Industries at Risk: Agriculture, hospitality and healthcare rely heavily on undocumented workers. Sudden deportations would lead to severe labor shortages, increased costs and delays in goods and services.
• Inflation: Removing millions from the workforce would drive up inflation as the economy adjusts to decreased productivity and rising labor costs in those industries.

Tax Revenue Loss

• Contribution: In 2022, undocumented immigrants paid around $100 billion in federal, state and local taxes. Their removal would reduce tax revenue and strain government resources, impacting public services like schools and infrastructure.

Social and Family Impact: Lives Upended and Communities Rocked

Trump’s deportation plan would devastate families, especially mixed-status households. Here’s what it would look like:

Family Separations

• Citizen Children: 4.4 million U.S. born children have at least one undocumented parent. Mass deportations would put these children at risk of being separated from their parents and facing emotional and economic hardship.
• Community Trauma: Deportations on this scale would disrupt entire communities. As seen in Tennessee, raids leave children without caregivers, cause spikes in school absenteeism and require emergency support from local organizations.

Chilling Effect on Immigrant Families

• Access to Public Services: Many undocumented individuals will avoid hospitals, schools and public services due to fear of deportation. During Trump’s first term, immigrant families limited their outings and public activities to reduce their chances of running into immigration enforcement.
• Health and Safety Risks: Avoiding healthcare services would put entire communities at risk, especially those where undocumented workers hold frontline jobs in essential industries like healthcare, sanitation and food service.

The Political Landscape and Anti-Immigrant Sentiment

Public support for stricter immigration enforcement has increased and recent polls show a majority of Americans support deporting millions of undocumented individuals. Trump has exploited this sentiment, framing immigration as a threat to American identity, economic stability and national security. His language has gotten more extreme:

• Xenophobic Language: Trump regularly describes immigrants in a negative light, saying they “poison the blood” of the nation and “destroy the fabric of our country”. This kind of language not only creates fear but dehumanizes immigrants and shapes public opinion.
• Misinformation: Trump has spread lies that undocumented immigrants contribute to crime and other social ills. Studies show that immigrants, including undocumented ones, are less likely to commit crimes than U.S. born citizens.

Contingency Planning: What Advocates and Communities Are Doing

Ahead of potential policy changes, immigrant rights organizations are mobilizing and preparing legal responses:

Emergency Toolkits and Rapid Response

• Resource Distribution: Advocacy groups are creating toolkits for communities to respond to workplace raids and ICE operations, so affected families can know their rights and get legal help.
• Community Networks: Local organizations are preparing to provide support through networks of volunteers, legal experts and community leaders who can offer rapid assistance.

Legal Challenges and Advocacy

• ACLU and Other Legal Organizations: Groups like the ACLU will challenge Trump’s policies in court, especially around issues of constitutionality like birthright citizenship and ideological screenings.
• Public Awareness Campaigns: Immigrant rights groups are educating the public on the facts of Trump’s proposals, to debunk myths and highlight immigrants’ economic and social contributions.

Life Under Threat: A Look Back at the 2018 Tennessee Raid

As a snapshot of what an aggressive enforcement strategy might look like, let’s remember what happened in 2018.

In 2018, almost 100 workers were arrested in a massive immigration raid at a meatpacking plant in Tennessee, including Nayeli, a mother and long-time plant employee. The raid, with helicopters and federal agents, left a community in shock. Children came home to find their parents missing and hundreds of students were absent from school the next day. For many families the fear and trauma still lingers.

Nayeli, one of those arrested and released, still fears these big raids will come back. She now organizes for immigrant rights in her community and advocates for protections and policies that recognize immigrants’ contributions. Her story shows the human impact of immigration raids and what many fear could happen on a much bigger scale.

What to Expect from the Second Trump Administration on Employment-Based Immigration?

With Trump back in the White House, big changes are coming to U.S. immigration policies, especially for employment-based immigration. From stricter visa requirements to program terminations, Trump’s second term will increase scrutiny and add new restrictions. Employers and visa holders should prepare now by understanding what’s coming and taking proactive steps to minimize risk.

Key Takeaways: Get Ready for Immigration Changes

• Act Fast: Employers and visa holders should speed up application processes and file now under current rules.
• Expect Delays and More Scrutiny: Higher RFE rates and delays in visa approvals are likely under a new, tougher regime.

H-1B Visa Holders and H-4 Spouse Work Authorization

More Scrutiny and Requirements

• H-1B Petition Scrutiny: Expect more scrutiny of H-1B petitions, especially around job requirements, which could lead to more RFEs and denials.
• Specialty Occupations and Documentation: Petitioners may need to provide more detailed evidence of the field of study and skills required for the H-1B position, especially for positions with third-party worksites. This could include contracts and Statements of Work (SOW) for the entire employment term.
• Salary Increases: Employers may need to raise H-1B salaries, as previous attempts have included pushing for higher salary caps.

H-4 EAD (H-4 Spouse Work Authorization)

• H-4 EAD Rescission: The Trump administration previously tried to end the H-4 EAD program and could do so again. If rescinded, H-4 spouses would lose work authorization.
• Impact of “Bundled Processing”: Currently, H-1B, H-4 and H-4 EAD applications can be filed together for faster processing. This practice may end, causing delays in work authorization renewals and employment gaps for H-4 spouses.
• EAD Auto-Extensions: Automatic work authorization extensions during renewal processing may be limited, adding complexity and risk for H-4 workers waiting for EAD renewals.

Visa Interview Waiver (Dropbox) and Processing Delays

Trump’s administration may eliminate the visa interview waiver (or “dropbox”) for visa renewals which would mean:

• Longer Processing Times: Eliminating the dropbox would mean more in-person interviews, slowing down the process and creating backlogs.
• Third-Country Nationals: The Department of State may limit visa interview availability at third-country U.S. consulates, extending wait times for renewals and initial visa applications.

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L-1 Visa Holders and More Restrictions for Specialized Workers

L-1 Intra-Company Transfers

• Higher Denial Rates for L-1B: L-1B (specialized knowledge workers) will likely face more scrutiny, requiring detailed explanations of job duties and specialized skills.
• L-2 Spouse Work Authorization: The automatic work authorization rule for L-2 spouses could be eliminated, meaning they would need to apply separately and potentially face employment gaps.

Visa Interview Waivers and Renewal Delays

• Remove Dropbox Eligibility: Like H-1B visa holders, L-1 visa applicants may lose the ability to file dropbox renewals, which would mean longer wait times and less predictable processing.

F-1 Students and OPT/CPT Changes

Trump’s administration may re-impose strict work authorization rules for F-1 students:

Curriculum Practical Training (CPT) and Day-1 CPT

• Greater Scrutiny: F-1 students will face more scrutiny, especially those who use “Day-1” CPT. Documentation and compliance will be key as USCIS may require more evidence of eligibility.

STEM OPT Program

• STEM OPT Elimination: Although STEM OPT survived previous challenges, Trump could still try to rescind it. New restrictions on third-party work placements or the extension period could also be added.

Unlawful Presence Rule

• Immediate Unlawful Presence for Status Violations: A previous rule attempted to make F-1 students unlawfully present immediately upon status violation. Although blocked by the courts, it could be re-introduced.

Green Card Applicants: Processing and Visa Availability

Employment-Based Visas

• Caps on Immigrant Visas: Trump has proposed limiting immigrant visas, including employment-based visas, for countries with high backlogs like India and China. This would require Congressional approval but is possible with a Republican-majority Congress.

PERM Labor Certification Delays

• Longer Processing Times for Labor Certifications: Underfunding for Department of Labor (DOL) resources could mean even longer processing times for prevailing wage determinations and PERM certifications, potentially months of delays for green card applications.

Public Charge Criteria and EAD/AP Validity Terms

• New Public Charge Rules: Trump may tighten public charge rules making it harder to prove financial independence.
• Shorter Validity for Work and Travel Permits: Currently, Employment Authorization Documents (EAD) and Advance Parole (AP) permits can be valid for up to 5 years; the administration may shorten the validity to 1 or 2 years, adding more renewals for applicants.

Lawful Permanent Residents (LPRs) and Naturalization Challenges

More Vetting for Naturalization

• Tougher Civics Test: Trump’s previous administration tried to make the civics test harder for naturalization. This could come back, making the process more difficult for those seeking U.S. citizenship.

Procedural Challenges for Green Card Holders

• More Documentation for Sponsorship: Family members of green card holders or U.S. citizens may need more documentation, especially if public charge rules expand.

Temporary Protected Status (TPS) and Visitor Visa Applicants

Limiting TPS Eligibility

• Fewer TPS Countries and Duration: Trump may try to restrict the TPS program by reducing the number of eligible countries or time frame, affecting those relying on TPS for work and residency authorization.

Longer Visa Wait Times and Entry Restrictions

• Longer Wait for Visitor Visas: If the visa interview waiver program is reduced or eliminated, expect longer wait times for B-1/B-2 visitor visas, especially for countries flagged for high risk.

What to Do: Minimize Your Exposure

Take proactive steps now to mitigate some of the risks:

• File Now: Employers should file H-1B and L-1 petitions as soon as possible to avoid future restrictions. Consider bundling H-4 EAD applications with H-1B or H-4 petitions for concurrent processing.
• Use Premium Processing: For faster response times, use or upgrade to premium processing when available.
• Get Visa Stamps and Renewals: Get visa stamps now to avoid future processing delays.
• H-4 EAD Alternatives: With H-4 EAD at risk, look for other work authorization options.
• Be Prepared for More Documentation: F-1 students on CPT and OPT, especially those on Day-1 CPT, should comply with all regulations and keep detailed records.

Conclusion

While President Trump’s reelection may introduce significant changes to immigration policies, early preparation and professional guidance can help you navigate potential challenges. By submitting applications promptly, strengthening financial records, and anticipating stricter rules, you can increase your chances of success.

Don’t face these changes alone—seek professional assistance to ensure your application meets all requirements. Stay proactive, stay informed, and take action to protect your immigration goals.

 

 

Will Trump End DACA?

The Dreamers Under Trump

Donald Trump is back in office January 20, 2025, and DACA is once again on everyone’s mind. Over 500,000 people currently have DACA protections and are wondering if they will lose those protections and possibly face being placed in removal proceedings?

“Our Home is Here”: How Dreamers are Preparing for a Trump Presidency

Why This Matters

3.6 million Dreamers in the U.S. but only a fraction have legal status.

530,000 are currently enrolled in DACA, down from 800,000. 1/3 of DACA holders live in California.

DACA doesn’t offer a path to citizenship but allows recipients to live, work and drive in the U.S.

As Trump takes office in January, the future of DACA is uncertain. With Trump’s deportation promises, advocates are calling for action now to protect current status and navigate the uncertain future.

Advocates are telling beneficiaries to renew now and prepare for policy changes.

What is DACA?

DACA was established by executive order by President Barack Obama in 2012 and provides temporary protection from deportation and work permits to undocumented immigrants brought

To qualify, you must:

• Age: Under 31 as of June 15, 2012 (born after June 16, 1981).
• Entry Age: Entered the U.S. before 16th birthday.
• Residency: Continuous U.S. residency since June 15, 2007 up to application date.
• Physical Presence: Present in the U.S. on June 15, 2012 and at time of application.
• Legal Status: No lawful status as of June 15, 2012.
• Education or Military Status: Currently in school, graduated, GED, honorably discharged from U.S. Armed Forces or Coast Guard.
• Criminal History: No felony convictions, significant misdemeanors or three or more other misdemeanors and no threats to national security or public safety.

There are currently 530,000 Dreamers. But the program is temporary and in legal limbo. Courts have ruled a president can end DACA if done properly so the program is precarious.

Key features:

• Residence Authorization: Can live in the U.S.
• Work Permits: Can get work authorization.
• Employer-Sponsored Health Insurance: Some get health insurance through their job.
• Educational Opportunities: Many use DACA to pursue higher education and professional certifications.

There are about 530,000 Dreamers nationwide, but new applications have been blocked since 2017. 160,000 of those are in California.

Under Biden, advocates tried to defend DACA, including appealing the Texas district court’s ruling that the program is illegal. He also expanded medical insurace coverage for DACA holders. If Trump tells the Justice Department to drop those appeals, DACA will be terminated. The government could also use the information provided by DACA applicants to deport.

Personal Stories: What happens if I lose DACA

For many, the end of DACA is not just a policy change, it’s a life changing event. Here are a few profiles in courage:

• Hans Miguel Esguerra hasn’t been to the Philippines in over 20 years and is worried about supporting his family if his work authorization expires.
  • “It’s not just me I’m preparing for,” he said. “This affects my family and the support I give them.”
• Financial challenges are already hitting recipients like delayed renewal processing and debt and employment gaps.

Ramiro Luna: Advocating and Anxious

• Community Leader: Luna, 41, is the executive director of Somos Tejas, a nonprofit that does political advocacy.
• Living in Fear: Despite his work in immigrant communities, Luna admits the emotional toll of living under an anti-immigrant administration.
• Family Worries: His mom’s deep fear of deportation is what many immigrant families are worried about.

Karina Serrato Soto: Planning for the Worst

• Building a Life: Serrato Soto, a middle school math teacher and mom of two U.S. born kids, has managed to buy a house and put down roots in Dallas.
• Parental Precautions: She’s asked her legally living mom to take care of her kids if necessary—a reality her mom can’t accept.
• Emotional Burden: The deportation threat has weighed heavily on Serrato Soto and her family.

Jonathan Alvizo: Climbing Walls

For Jonathan Alvizo, 30, an art director and DACA recipient, the program is a blessing and a curse.

• Early Arrival: Alvizo arrived in the U.S. in 2001 at 6 years old, two weeks before 9/11.
• Life with DACA: While he’s thankful for the work permits and deportation protection, he says it’s like “climbing a wall and falling back down.”
• Future Worries: With Trump’s history of trying to dismantle the program, Alvizo’s sense of security is shaky.

In the meantime, resilience is key in the immigrant community. Advocates and recipients will fight to keep their rights and stay here.

• “Our home is here, and we mean it,” says Macedo do Nascimento, summing up the unshakeable spirit of the Dreamers

The Policy Reversals

Trump’s first term was tough on undocumented immigrants:

• Family separations at the border.
• Trying to end DACA, which was blocked by the Supreme Court in 2020 due to procedural issues.

Advocates worry those policies will return and create fear among DACA recipients and their families.

Trump’s History with DACA

In 2017, during his first term, Trump tried to terminate DACA, citing its legality. The decision was met with immediate lawsuits. In 2019, the Supreme Court ruled against the administration, saying it didn’t provide a valid reason to end the program. Despite that, lawsuits against DACA have continued. In 2021, a federal judge declared the program unconstitutional, blocking new applicants.

Current Situation and Legal Landscape

The DACA lawsuits are far from over. Experts say the case will go to the Supreme Court again, possibly as late as summer 2026. In the meantime:

• Renewals for current DACA recipients are open, two-year terms.
• Research shows the program’s effects: 50% drop in undocumented college students in California since restrictions on new DACA applications.
• Many are no longer eligible for other forms of immigration relief, so they’re more dependent on DACA.

What to Expect Under the Trump Administration

During the campaign, Trump talked tougher on immigration, so DACA is in danger again.

Trump’s second term is full of uncertainty. He hasn’t said what he’ll do to DACA, but his campaign focused on stricter immigration and mass deportations. Legal and political analysts say there are several possibilities:

1. Terminate DACA

Trump could try to end the program again, maybe this time with a more calculated approach to address past court criticisms. He might provide a detailed reason to meet legal standards, like broader immigration policy goals.

Trump may end DACA altogether, stop new applications and renewals. That would:

• Take away work permits from Dreamers.
• Put them at risk of deportation.
• Disrupt their lives and communities.

2. Let It Play Out the Courts:  Supreme Court Decision

• With a conservative Supreme Court, Trump may choose to let the judicial process unfold and avoid political fallout. If the court rules against DACA, recipients will face immediate uncertainty.

3. Renewal Restrictions

The administration could limit renewals or tighten eligibility requirements:

• Tougher background checks.
• Shorter renewal periods.
• No new applications.

This would leave Dreamers in limbo and more vulnerable.

4. Work Authorization Changes

Work permits, the heart of DACA, could be changed. Possible changes:

• Limit the types of jobs Dreamers can work.
• Shorten work permits.
• Increase fees for renewal applications.

This would impact Dreamers’ financial stability and career prospects.

5. Push for Immigration Legislation

Public sympathy for Dreamers, many of whom are students or essential workers, might keep Trump from acting immediately. Instead, he could focus on other immigration priorities like border security or visa restrictions.

Trump might push for comprehensive immigration reform. That could mean:

• A legislative solution for Dreamers in exchange for border security.
• Limits on family-based immigration.

Effects on DACA Recipients

The uncertainty around DACA has big implications for recipients. Most are in their late 20s and have built their lives around the program. For many, DACA is not just a legal status but a lifeline to:

• Higher education, including grad school.
• Job security and career advancement.
• Financial stability, including access to loans and mortgages.

Without DACA, recipients will face big disruptions: job loss, deportation risk and reduced access to resources.

Effects on Education and Financial Aid

Federal Student Aid

Current proposals would limit access to federal student loans and grants to institutions that offer in-state tuition to undocumented immigrants, including Dreamers. If that happens:

• Affected States:
  • 26 states and Washington, D.C. where Dreamers currently qualify for in-state tuition would have to decide whether to keep eligibility or lose federal funding.
• Student Impact:
  • Barriers to higher education and limited financial aid for Dreamers and U.S. citizens.

State Impact

• States like California, Texas and New York with large undocumented student populations will have to make tough decisions on funding and tuition policies.
• State legislatures will have to pass new laws to protect educational opportunities for Dreamers.

Workforce Impact

• Educational Disruption: Reduced access to higher education will limit Dreamers’ ability to enter skilled professions.
• Economic Consequences: Fewer opportunities for Dreamers will mean a less diverse and skilled workforce for industries that rely on them.

What Dreamers Can Do

Experts advise eligible DACA recipients to renew as soon as possible. Renewals currently take 4 months and may take longer under Trump. Consider:

In case of changes, proactive steps can help Dreamers cope with this uncertainty:

1. Renew Early

• Submit renewal applications as soon as possible to avoid gaps in status.

2.Stay Informed

Follow reliable news and government sources for updates.

• Join support networks and advocacy groups for timely updates and resources.
• U.S. Citizenship and Immigration Services (USCIS)
• Immigration law firms
• United We Dream

3. Get Legal Advice

• Talk to an immigration attorney to:
• Know your rights.
• Explore options.
• Plan for contingencies.
• Review changes with your attorney regularly to stay ahead of the curve.

4. Other Relief Options

May Include:

• Family-based petitions.
• U visas for crime victims.
• Asylum claims.
• Adjustment of status through marriage or employment sponsorship if eligible.
• An immigration attorney can help you determine the best options for your situation.

5. Financial and Career Resilience

• Online or part-time education to minimize costs while keeping skills up-to-date.
• Save for legal and renewal costs to manage uncertainty.

6.Documentation:

Make sure personal and legal documents are up-to-date and accessible.

Moving Forward

DACA is temporary so we need a permanent solution for Dreamers. As policies change, the push for stability and recognition of Dreamers’ contributions will continue. If you’re affected by these changes, get support and be proactive about your future.

Support for Dreamers

Organizations like Sacramento State’s Dreamer Resource Center help undocumented students. These centers offer:

• Legal clinics and consultations.
• Financial aid guidance.
• Mental health and wellness support.
• Advocacy for inclusive policies.

Business and Community Leaders

• Business leaders must stand up for their DACA employees who are part of the workforce.
• DACA recipients work in essential jobs like teaching and nursing so they are vital to the community.
• Advocate: Join local and national campaigns for immigration reform and for Dreamers.
• Network: Connect with community organizations that offer resources, legal help and emotional support.

Legal Challenges and Ongoing Advocacy

The Biden administration’s push to codify DACA faces legal obstacles:

• The Fifth Circuit Court of Appeals is still reviewing the program.
• States are challenging expansions like including DACA recipients in the Affordable Care Act marketplaces.
• Initial DACA applications have been on hold since 2021.

The National Immigration Law Center (NILC) plays a pivotal role in the fight against anti-immigrant policies, emphasizing the urgency and determination to protect DACA recipients and advocate for the rights of all immigrants.

Advocacy in Action

United We Dream is mobilizing to defend DACA from a potential GOP-led White House and conservative Supreme Court:

·         “We weren’t going to get caught by surprise again,” said Juliana Regina Macedo do Nascimento, a DACA recipient and advocate.

• Groups will challenge anti-immigrant policies and protect the most vulnerable.

Despite all this immigrant advocacy groups are preparing for the worst.

 

Understanding DACA: Origins and Challenges

What Is DACA?

• Established in 2012: Initiated through executive action by President Barack Obama.
• Eligibility Criteria: Protects undocumented immigrants who entered the U.S. as children before 2007, allowing them to obtain work permits and avoid deportation.
• Renewal Process: Recipients must renew their status every two years, a process fraught with uncertainty.

Political and Legal Threats

• Trump Administration’s Stance: Trump previously sought to terminate the program, but the Supreme Court blocked his efforts in 2020.
• Current Legal Battle: A 2023 ruling declared the program illegal due to its creation via executive action. The Biden administration has appealed, leaving the program’s fate in the hands of the courts.
• Congressional Challenges: With Republicans gaining control of Congress, legislative solutions for DACA recipients appear unlikely.

DACA by the Numbers

• Active Recipients: Over 535,000 individuals currently benefit from the program.
• Demographics:
  • Country of Origin: The majority are from Mexico, followed by El Salvador and Guatemala.
  • State Distribution: Most recipients reside in California, Texas, and New York.
• Public Opinion: Polls consistently show that most Americans support a pathway to legal status for DACA recipients.

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DACA Court Case Updates: What’s Happening in the Courts

 

The Deferred Action for Childhood Arrivals (DACA) program, which gives deportation protection and work authorization to over 500,000 undocumented individuals brought to the U.S. as children, is under attack in the courts.

Despite changes in the policy and ongoing processing of renewal requests, initial DACA requests are currently prohibited as dictated by a federal district court of ruling.

On September 13, 2023 a federal judge ruled the revised DACA policy is unlawful, just like previous previous rulings.

This adds to the uncertainty around DACA’s future as the decision has been appealed to the U.S. Fifth Circuit Court of Appeals and that case is ongoing.

Without protections, DACA recipients are at risk. So we need legislation.

The Supreme Court could decide the program’s fate in the next two years.

Current Status and Recent Court Activity

An October 10, 2024 hearing in federal court may end up determining the fate of the Deferred Action for Childhood Arrivals (DACA) program.

Here are the arguments, what’s at stake and what could happen.

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Fifth Circuit Court of Appeals: Update

• Status: The Fifth Circuit Court of Appeals is considering the legality of DACA. Oral arguments were held on October 10, 2024. The decision could be big for the program and thousands of DACA recipients.
• Background:

Texas Argument: Financial Burden on States

• Increased State Costs: Texas says DACA recipients use public resources like healthcare and education and that costs to the state.
• Terminate: Texas Attorney General Ken Paxton says ending DACA would reduce these costs as recipients would leave the U.S. if the program is ended.
• Quote from Texas: “DACA imposes significant financial burdens on states like Texas and we should just get rid of it,” Paxton said.

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Biden Administration’s Argument: Protecting DACA Recipients

• Texas Right to Sue: The Biden administration argues Texas doesn’t have standing to challenge DACA, citing a recent Supreme Court decision that limited Texas’s standing in a similar immigration case.
• Protect Current DACA Recipients: Justice Department lawyer Brian Boynton asked the court to keep DACA protections for current recipients even if new applications are blocked.
• Broader Impact: The Biden administration says ending DACA would upend the lives of thousands who have built careers, families and communities in the U.S., and argues that the executive authority allows the administration to protect these individuals.

The Judges

 

Judicial Panel: The case is before a three-judge panel:

• Judge Jerry Edwin Smith – Reagan appointee
• Judge Edith Brown Clement – Bush appointee
• Judge Stephen A. Higginson – Obama appointee

Appeal: If the decision is adverse to DACA the case will go to the Supreme Court which previously blocked the Trump administration’s attempt to end the program but has not yet ruled on the legality of DACA.

Timing: A decision from the Fifth Circuit could come in a few months. This will either affirm or block DACA and will likely be appealed to the Supreme Court for the final decision.

Opening Briefs: For Federal Government

For DACA Recipients

For Texas

Reply Briefs: Federal Government

Daca Recipients

Supreme Court’s Involvement

 

• Review: If the Fifth Circuit decides against DACA the Biden administration will likely appeal to the Supreme Court. The Court could then take the case and hear it as early as spring 2025.
• Supreme Court Ruling: A decision will be huge. If the Court agrees with the Fifth Circuit, DACA would end and:
  • No Renewals: DACA recipients would not be able to renew.
  • Loss of Work Authorization: Over 500,000 would lose their right to work and could be deported.
  • Economic Impact: 1,000 DACA recipients would lose their jobs each week for two years if renewals stop.

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Next Steps

• Decision forthcoming: The three-judge panel has not given a timeline but any decision will be appealed to the Supreme Court.
• Previous Precedent: In 2020 the Supreme Court blocked an attempt to end DACA on procedural grounds. But the Court has not ruled on whether DACA itself is lawful.

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Quotes from Supporters

Vice President Kamala Harris: A long-time advocate for DACA, Harris said, “As Attorney General of California, as a U.S. Senator and now as Vice President I’ve fought to defend and protect DACA. We must get a path to citizenship for Dreamers.”

• Advocates worry: Ending DACA would harm recipients many of whom have lived in the U.S. most of their lives and have U.S. born children who depend on their ability to work.

FAQS on DACA in Light of Litigation

• What if the Fifth Circuit agrees with Judge Hanen?

If the Fifth Circuit rules DACA is unlawful:

• Status quo might continue and current DACA recipients can renew while the case goes to the Supreme Court.
• Or DACA recipients can keep their status and work authorization until it expires and not be able to renew.
• Immediate loss of deportation protection and work authorization for all DACA recipients is unlikely.

What does this mean for current DACA recipients?

• Renewals: Current DACA recipients can submit renewal applications to renew their status and Employment Authorization Document (EAD) before it expires. USCIS recommends submitting renewals 120-150 days before the expiration date.

What if My DACA has Expired?

• If your DACA expired less than a year ago you can apply as a “renewal” applicant.
• If your DACA expired more than a year ago or was terminated you are now an “initial” applicant. USCIS accepts these applications but cannot approve them until the injunction is lifted.

Can New Applicants Apply Now?

• Those who have never had DACA can file an initial application but USCIS cannot approve it until the injunction is lifted. Filing fees are non-refundable and applications will be held.
• Due to a court order, USCIS will accept but not process initial DACA requests.

What about Initial Applications filed since July 16, 2021?

• Because of the court order DHS is permanently barred from approving initial DACA applications. Applications filed since July 16, 2021 will be held and filing fees will not be refunded.

Can I get Advance Parole for current DACA recipients?

• Yes, advance parole is available for current DACA recipients who meet the eligibility criteria including educational, employment or humanitarian reasons. Recipients with advance parole can continue to travel and return to the U.S. as before. See CLINIC’s Advance Parole FAQs for more information.

Will My Information be shared with ICE?

• Personal information in DACA applications is protected under USCIS policy and will not be shared with ICE unless enforcement is initiated for a criminal offense, fraud or security risks. Information about family members is also protected.

Where can I find more information?

• USCIS has up-to-date DACA litigation information and FAQs on their website. See USCIS DACA FAQs.

Tips for DACA Recipients

• Understand the Injunction. USCIS is not processing initial DACA applications due to the injunction. Anyone applying as an initial applicant, including former DACA holders with a gap over one year, should know that their application will not be processed at this time.
• Identify When and How to File for Renewal. Make sure you are aware of the importance of filing on time. You should file for renewal within 120-150 days prior to expiration.

• USCIS continues to process DACA renewal requests despite ongoing legal challenges. This ensures that current grants and renewals will be honored until expiration unless individually terminated.

• Understand Advance Parole Benefits and Risks. Educate yourself on advance parole benefits if you have immediate family members. This travel authorization can help certain relatives adjust status. Talk to a lawyer about inadmissibility risks that could complicate reentry especially if you have a criminal record.
• Screen for Other Immigration Relief. Consider other immigration options as DACA recipients may have other paths to relief or permanent residency. A deeper dive into your situation may reveal new eligibility based on changed circumstances, such as the U Visa for Victims of Crime. Look into relief options in removal proceedings such as VAWA or non-LPR cancellation.
• Follow Legislative Updates. Stay informed on any legislative changes that could open up paths to permanent residency for DACA recipients.

A History of DACA Legal Challenges

As they say, to know what the future holds, you have to know the history. It is important to know the history of DACA litigation, and the opposition that really gained momentum starting in 2017.

Early Challenges and Supreme Court Review in 2020

• Initial Legal Battles: The DACA program was created in 2012, was modified in 2014, but faced intense opposition in 2017 when the Trump administration tried to end it. Lawsuits followed and in 2020 the Supreme Court ruled that the termination was procedurally improper and DACA could continue.
• Procedural Focus: The Supreme Court’s 2020 decision did not address whether DACA was legal; it only found that the Trump administration didn’t follow the process.

Judge Andrew Hanen’s Decisions

• 2021 Decision: In 2021, Judge Andrew Hanen of the Southern District of Texas ruled that DACA was illegal, saying the Obama administration had exceeded its authority by creating DACA without Congressional approval. He issued an injunction on new applications but allowed current recipients to renew.
• Biden Administration’s Response: In response, the Biden administration tried to codify DACA through a formal rulemaking process in 2022. ButJudge Hanen blocked the new regulation and stuck to his opinion that DACA was illegal.

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DACA Timeline & Key Decisions

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• 2012: DACA was created under Obama administration to protect young people who were brought to the U.S. illegally as children and gave them work permits and relief from deportation.
• 2018: Texas and nine other states sue DACA. Claims: Texas argued that the Department of Homeland Security (DHS) violated the procedural and substantive requirements of the Administrative Procedures Act (APA) and the Constitution’s Take Care clause.
• 2020: Supreme Court rules the Trump administration’s attempt to end DACA was procedurally improper and DACA can continue temporarily.
• 2021: Judge Hanen rules DACA is illegal, blocks new applications but allows renewals. Hanen ruled DACA was illegal because it didn’t go through the formal rulemaking process required for federal regulations.
• 2022: Biden administration issues a DACA rule. In response to ongoing lawsuits, the Biden administration issued a final rule to formally codify DACA hoping to make it legal. But Judge Hanen blocked that rule and this is the current ruling.
• 2023: Judge Hanen who has previously ruled against DACA said the Biden administration’s attempt to codify the program into a federal regulation was illegal. Those already in the program will continue to have status for now. New DACA applications are still blocked as they are not allowed to apply. Hanen sympathized with DACA recipients and their families but said only Congress can create immigration laws. He said the Executive Branch can’t bypass Congress to implement policies even to address emergencies.
• 2024: The Fifth Circuit is currently hearing the appeal of Hanen’s ruling. A decision is pending which can be appealed to the Supreme Court.

Wider Impacts on Dreamers and Their Families

The Economic and Social Consequences of Ending DACA

• Workforce Contributions: DACA recipients are a big part of the U.S. workforce, with over 300,000 Dreamers working in healthcare, education and business services. Their contributions are worth around $14 billion annually.
• Family and Community Effects: One-third of DACA recipients are married and many have U.S. born children. Ending DACA would affect not only the recipients but also their families and communities, including around one million U.S. citizens who live in households with a DACA recipient.
• Financial Losses: If DACA ends, states will lose over $150 billion in tax revenue and hundreds of billions in economic contributions.

Congress Inaction and Need for Legislative Fix

Why Congress Must Act

• Stalled Process: Since DACA was created in 2012, there has been no movement in Congress to pass a bill to create a permanent solution for Dreamers.
• Eligibility Limitations: DACA’s eligibility requirements which require applicants to have been in the U.S. since 2007 have not been updated. This excludes a big chunk of young immigrants who have arrived since then and are otherwise eligible.
• Ineligible Dreamers: There are around 2 million young immigrants in the U.S. without DACA protections, 400,000 of whom would be eligible but can’t apply due to court injunctions. Most undocumented high school graduates today are not eligible under current DACA rules.

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Recent Actions by the Biden Administration

• Expanded Parole: The Biden administration has introduced measures to expand “parole in place” for the spouses of U.S. citizens, giving potential temporary relief to some Dreamers and their families. This is now been struck down in federal court.
• Simplified Waiver Process: Changes to the D-3 waiver process will reduce obstacles for some Dreamers to have a legal way in on a work visa and potential green card.

Need for Legislation

• Congress’s Job: While administrative actions give temporary relief, only Congress can pass a permanent solution, a pathway to citizenship for Dreamers.
• Take Action: As DACA is in legal limbo, advocates say we need a legislative fix that will give permanent protection and stability to Dreamers.

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Biden’s New Policy Makes Work Visa Process Easier for U.S. Graduates and Dreamers

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On June 21, 2024, the Biden administration announced a new policy to simplify the work visa application process for foreign nationals educated in the U.S., including DACA recipients, also known as Dreamers.

This will help highly skilled individuals who graduated from U.S. colleges and universities to stay in the country and contribute to the economy.

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Policy Highlights

• What’s New: U.S. graduates, including DACA recipients, can now apply for work visas faster if they have a job offer in their field. For DACA holders, it is complicated. See below.
• Objective: This policy will keep highly educated individuals as they can contribute to U.S. competitiveness and innovation.
• Broader Context: This fits with the administration’s overall approach to support immigrants, especially Dreamers, by recognizing their value to the U.S. workforce and society.

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Policy: Easier Pathways for High Skilled Workers

1. Simplified Application Process

• Clarification and Changes: The government will simplify and speed up the employment visa application process so it’s more clear and accessible for skilled graduates, including DACA recipients.
• Why: By doing so, the administration hopes to make it easier for highly educated immigrants to stay in the U.S. and fill jobs in various fields.

2. U.S. College Graduates First

• Eligibility: The new policy doesn’t change the basic requirements for work visas like H-1B. But there may be prioritization for applicants who graduated from U.S. colleges, including Dreamers.
• How it Works: Details are still to be announced but it may involve giving preference to applicants with U.S.-based education which could increase their chances in the selection process.

3. Waivers for Prior Unlawful Presence

• Waiver Changes: For individuals with prior unlawful presence in the U.S., the policy will provide more clarity and speed up the waiver process.
• Consular Discretion: Consular officers will have more discretion to recommend waivers for applicants and DHS will grant them. This could give Dreamers more flexibility to get visas despite past immigration issues.

4. National Interest

• Retention: The U.S. government considers retaining foreign-educated talent as in the national interest.
• Employers and Talent Shortages: The policy also helps American businesses address talent shortages, especially in high demand areas.

5. Expanded Definition of High Skilled Jobs

• Job Categories: The government may expand the definition of “high skilled jobs” beyond STEM fields to include non-STEM roles that require advanced education and specialized skills.
• More Fields: This could open up more visa paths for individuals in various fields and make the U.S. a more welcoming place for skilled workers.

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Why This Matters for Dreamers

For Dreamers, this means a clearer pathway to long term stability in the U.S. Currently DACA only provides temporary work permits but H-1B visas provides a separate status and can lead to permanent residency.

• Path to a Green Card:
• Dual Intent: H-1B visas have “dual intent” which means recipients can work in the U.S. while pursuing permanent residency.
• Employer Sponsorship: With an H-1B visa, employers can sponsor employees for a green card and a pathway to citizenship through EB-2 or EB-3.
• Past Barriers: Many Dreamers faced barriers in getting work visas due to prior unlawful presence. This new policy could remove some of those barriers and give them more stable employment and immigration options.

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Background and Issues

• Historical Context: While Dreamers with degrees have been eligible for H-1B visas, the process was difficult because of prior unlawful entry which affected their ability to get certain benefits.
• Legal Risk: With DACA’s legal status always under threat, some have been hesitant to apply for work visas (by leaving the U.S. and pursuing consular processing) fearing changes in DACA policies could affect their visa eligibility.

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Streamlining the 212(d)(3) Waivers: For DACA Recipients, Dreamers and Others

The 212(d)(3) waiver, also known as the D-3 waiver, is a lifeline for DACA recipients and Dreamers applying for temporary work visas at U.S. Embassies. This waiver allows eligible individuals to get nonimmigrant visa status without facing years of exclusion from the U.S. By fixing this process, DACA recipients and others can get stable employment, pathway to permanent residency and potentially citizenship.

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D-3 Waiver Updates

• New State Department Policy (July 2024): The State Department updated the Foreign Affairs Manual to state that D-3 waivers for individuals with U.S. degrees who are offered U.S. based employment is in the public interest. This will prioritize and expedite the waiver process for qualified applicants.
• Interagency Collaboration: The Department of Homeland Security (DHS) is working with other agencies to streamline the waiver process to support DACA recipients and other eligible individuals to get nonimmigrant employment based visas.

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Why D-3 Waivers Matter for DACA Recipients and Dreamers

Overcoming Nonimmigrant Visa Barriers

• Legal Pathways: DACA recipients and other Dreamers who have degrees and work skills can qualify for employment based visas such as the H-1B visa for specialty occupations.
• Potential Block: Because many DACA recipients lived undocumented in the U.S. prior to DACA, they may be subject to immigration bars if they leave the country and will be restricted from re-entering the U.S. for up to 10 years. The D-3 waiver can temporarily lift these bars so they can re-enter the U.S. with a valid visa.

Eligibility and Impact

• Educational and Workforce Readiness: According to FWD.us, 49% of DACA recipients have some college education and many have degrees:
• 40,000 have associate degrees
• 70,000 have bachelor’s degrees
• 17,000 have advanced degrees
• Employer Sponsorship: By being sponsored for work visas, DACA recipients can get stable work authorization which also benefits U.S. employers by allowing them to retain skilled employees.
• Pathway to Residency and Citizenship: For certain visa categories like H-1B, sponsorship can create a pathway to permanent residency and ultimately citizenship.

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Current D-3 Waiver Process and Issues

The current D-3 waiver process requires applicants to leave the U.S., apply for a visa at a U.S. consulate or embassy and wait for approval from the Department of State and DHS. This process is full of risks and uncertainties as applicants only find out the outcome after they leave the U.S. and can be away for a long time.

Key Issues

• Inconsistent Processing Times: Processing times vary by location and are unpredictable for applicants and employers.
• Risk of Extended Exclusion: If the waiver is denied, applicant may be barred from re-entering the U.S. for up to 10 years.
• Employer uncertainty: Employers can’t retain skilled employees who are stuck outside the country.

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D-3 Waiver Process Improvements

The new Foreign Affairs Manual updates are a step in the right direction. It states that it is in the public interest to admit individuals who have U.S. degrees or skilled credentials and that these cases should be prioritized.

Additional Reforms Needed

To make it even better:

• Pre-Departure Waiver Approval:

• Allow applicants to apply and get waiver approval before leaving the U.S. like the provisional unlawful presence waiver for green card applicants. This would reduce time outside the U.S. and increase chances of re-entry.

• Centralized and Uniform Processing:

• Designate specific embassies and consulates to process D-3 waiver requests so processing is centralized and applicants don’t have to travel as much.
• Process at third country consulates so it’s easier and less expensive for applicants.

• Consolidated Approval Process:

• Consolidate waivers within DHS and DOS so the process is streamlined and uniform across all locations.

These wouldn’t create new visa categories, just streamline the waiver process for existing visa pathways so more eligible individuals can participate in the program.

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Impact if Implemented

If done, this could benefit tens of thousands of DACA recipients, Dreamers and other qualified individuals:

• Economic Benefit: Allowing individuals to get visas without long absences would strengthen the U.S. workforce across industries.
• Employer Benefit: Streamlined waivers would allow employers to invest in and retain skilled workers, long term team stability.
• Greater Certainty for Applicants: Predictable processing and pre-approval options would encourage more Dreamers and DACA recipients to apply for nonimmigrant visas and open up pathways to long term residency and citizenship.

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The new Foreign Affairs Manual updates are a step in the right direction for a more streamlined D-3 waiver process but there’s more to be done. By having pre-departure waiver approvals, centralizing processing and standardizing across locations, DHS and DOS can make it easier for qualified individuals to get visas, return to the U.S. quickly and contribute to American society.

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How to File for DACA Renewal

Deferred Action for Childhood Arrivals (DACA) grants work authorization and protection from deportation to eligible young immigrants who came to the U.S. as children. Despite ongoing legal challenges, courts are mandating the continuation of processing DACA renewal requests. With ongoing legal challenges and policy changes, it’s crucial to stay up to date. Here’s a comprehensive guide to DACA renewal eligibility, renewal application process, and how to navigate the process.

DACA Renewal Reminders

Processing Time for Renewals

• USCIS Processing Time: USCIS aims to process most DACA renewals within 120 days. Current data shows the median processing time for FY 2023 was about a month, but some requests in early FY 2024 took up to 2 months.
• Filing Window: USCIS recommends filing between 120-150 days(4-5 months) before the current DACA period expires. Filing within this window minimizes the chance of status lapses and work authorization.

2. Don’t File Early

• Filing Early Doesn’t Expedite Processing: Filing your renewal more than 150 days before your current DACA expires will not speed up the process. Filing outside the recommended window may not get you any processing benefits.

Recent Court Decisions on DACA

1. September 13, 2023 Court Decision on DACA’s Lawfulness

• Judge’s Order: September 13, 2023, U.S. District Judge Andrew Hanen ruled the DACA Final Rule is unlawful. This decision expands a prior 2021 injunction, blocking new applications but allowing current recipients to stay in status.
• Partial Stay: The judge’s order keeps existing DACA protections in place for current recipients. But no new applications will be processed under this order, although USCIS will accept initial applications and not take any action on them. While individuals may apply for consideration of DACA, the current regulations prevent DHS from granting initial DACA requests due to ongoing legal challenges.

2. Current and New Applicants

• Current Recipients: Those with valid DACA and EADs will keep their protections until their current period expires and can continue to live and work in the U.S. without fear of deportation.
• New Applicants: USCIS will accept initial applications but cannot process them. Only renewals for existing DACA recipients will be reviewed.

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DACA Eligibility

Basic Eligibility for Initial Applicants

Though initial applications are not being processed, it’s good to know the eligibility requirements in case of future changes. Applicants must meet:

• Age Requirement: Under 31 as of June 15, 2012.
• Date of Arrival: Arrived in the U.S. before 16th birthday.
• Continuous Residency: Lived in the U.S. since June 15, 2007, up to the time of application.
• Physical Presence: Physically present in the U.S. on June 15, 2012, and at the time of filing.
• No Lawful Status: Had no lawful immigration status on June 15, 2012.
• Education and Military Service: Currently in school, graduated from high school, GED, or honorably discharged from the military.
• Criminal Record: Not convicted of a felony, significant misdemeanor or 3+ misdemeanors and not a threat to public safety.

Individuals who obtained their initial DACA status prior to July 16, 2021, are still recognized in terms of their current grants and related employment documents.

Age Requirements

• Birthdate Cutoff: You must be born on or after June 16, 1981.
• Under 16 on Arrival: DACA applicants must have arrived in the U.S. before 16 to be eligible.

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How to File for DACA Renewal

1. Collect Supporting Documents

To support your application for DACA renewal, gather documents that prove you meet each eligibility requirement.

Examples of Required Documents:

• Proof of Identity: Passport, national ID or government-issued photo ID.
• Proof of Arrival Before 16: Passport stamps, school records or other immigration documents.
• Proof of Continuous U.S. Residency Since June 15, 2007: School transcripts, employment records, pay stubs or medical records.
• Proof of Presence on June 15, 2012: Rent receipts, utility bills, dated bank transactions or school records.
• Proof of Educational or Military Status: U.S. high school diploma, GED or military discharge papers.

2. Fill Out the Required Forms

Applicants must fill out:

• Form I-821D: Consideration of Deferred Action for Childhood Arrivals.
• Form I-765: Application for Employment Authorization.
• Form I-765WS: Worksheet to support the work authorization request.

Note: Make sure to use the latest versions of these forms from the USCIS website, as older forms will be rejected.

3. Pay the Required Fee

DACA applications require a non-refundable filing fee of $85. There is no fee waiver for DACA but fee exemptions are available in limited cases for those who can’t afford the fee. I-765 filing fee if filing by paper is $520, and $470 if filing online.

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Fee Exemptions: Limited Availability

USCIS offers fee exemptions for DACA applicants in extreme financial hardship. To be eligible, you must show one of:

• Severe Disability: Unable to care for oneself due to a chronic disability, with an income below 150% of the poverty level.
• High Medical Debt: $10,000 or more in medical expenses in the past year, with an income below 150% of the poverty level.
• Minor with Limited Financial Support: Under 18 years old, income below 150% of the poverty level and homeless, in foster care or no family support.

Documentation for Fee Exemptions:

• Affidavits from organizations.
• Tax returns, bank statements or other income proof.
• Medical records or bills to prove unreimbursed expenses.

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Using a USCIS Online Account for DACA Applications

USCIS has an online account system for applicants to manage their DACA cases.

Benefits of a USCIS Online Account:

• Track your case in real time.
• Get updates and notifications directly.
• Update your contact information and personal details easily.

For legal representatives, having a USCIS account allows you to manage multiple clients’ cases, making it easier to track DACA cases.

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Travel for DACA Recipients

DACA recipients should be aware that some travel restrictions will impact their continuous residence.

• Travel Before August 15, 2012: Short trips outside the U.S. before this date generally don’t affect eligibility.
• Advance Parole Required: For travel after August 15, 2012, you must get advance parole or you will lose DACA and re-entry may be restricted. Unauthorized travel will result in termination of DACA.
• How to Apply for Advance Parole: You can apply for advance parole for humanitarian, educational or employment purposes.

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Criminal Convictions that Affect DACA Eligibility

Some convictions will disqualify you from DACA. These include:

• Felony Convictions: Any felony is disqualifying.
• Significant Misdemeanors: Domestic violence, DUI, drug trafficking, firearms offenses.
• Multiple Misdemeanors: Three or more non-significant misdemeanors not from the same incident will disqualify you.

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Protect yourself from Immigration Scams

USCIS warns applicants to beware of scams and get information only from official sources. Unauthorized individuals will promise faster service for a fee but they can’t expedite the process.

• Find a Reputable Attorney: USCIS has resources to help you find licensed attorneys or accredited representatives. Always check the qualifications of any advisor before sharing personal info or paying fees.

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DACA Fraud

Applicants should be aware of the serious consequences for lying on DACA applications.

• Consequences of Lying: Fraudulent applications are a federal crime, punishable by fine or imprisonment. False statements can lead to deportation and impact future immigration opportunities.

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Why Timing Matters for Renewal

To keep your DACA and Employment Authorization Document (EAD) benefits, you need to renew before your current DACA and EAD expires. Renewing too close to the expiration date can result in your EAD expiring and you may not be able to work legally and could start accruing “unlawful presence” which can impact future adjustments to a lawful immigration status.

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USCIS Recommended Renewal Timeline

Apply 120-150 Days Before Expiration
USCIS advises DACA recipients to submit their renewal applications 120-150 days before their current DACA and EAD expiration date. This is called the “application window”. Applying within this window will avoid gaps in protection and work authorization.

The DACA Renewal Calculator at the end of this guide will help you find this 120-150 day application window.

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Get Ready for Your Renewal

• Check Your Expiration Date:
  Find the expiration date on your EAD. Use this date as your reference point.
• Plan Ahead for Documents:
  Gathering required documents including any police records may take time. Plan ahead so you have everything ready for a smooth process.
• Consult with an Attorney:
  Before applying, consult with a licensed attorney or accredited representative from a non-profit organization that specializes in immigration services. They can give you personalized advice based on your case.
• Schedule Legal Help Early:
  It can take weeks to get an appointment with a legal service provider or find a free legal clinic. Start early so you can get the help you need.

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DACA Renewal Calculator

• Enter your EAD expiration date(example: January 01, 2024)
• See the recommended dates to submit:

• Submit AFTER: (Date 150 days before EAD expires)
• Submit BEFORE: (Date 120 days before EAD expires)

Using this guide and calculator will help you avoid delays and stay protected under DACA. Always recommended to consult with a legal expert for specific situations.

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What to Do Now: Renewal and Advance Parole

Renewal is still important to stay under DACA. Here’s what to consider:

• Renewal Timing: U.S. Citizenship and Immigration Services (USCIS) recommends submitting renewal applications 120-150 days before expiration. Renewals are being processed quickly, in weeks or even days in some cases.
• Wind-Down: Even if DACA is ruled unlawful, the courts may allow a 2-year wind-down, so recipients can renew and stay protected for a little while. This would give recipients time to explore other options.

Advance parole allows DACA recipients to travel abroad for:

• Humanitarian Needs: Visit sick relatives, attend funerals or get medical treatment.
• Educational Purposes: Participate in study abroad programs or academic conferences.
• Employment Purposes: Attend international work assignments, interviews or training sessions.

Travel Risks: Although advance parole is still available, legal uncertainty is a risk. If DACA is terminated while you’re abroad, re-entry could be complicated. Always consult with a legal expert before traveling.

Potential for adjustment of status through marriage to US Citizen: Re-entry to the U.S. on advance parole, will cure the prior “entry without inspection,” thus making the DACA recipient eligible for adjustment of status through marriage to a U.S. citizen.

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Long-Term Options for DACA Recipient

Since DACA is temporary, it’s important to explore other immigration options. DACA recipients should get screened regularly as life changes may open up new paths. Some options include family-based petitions, employment-based visas, U visas and more.

A. Family-Based Petitions

Family-based petitions allow certain family members to sponsor DACA recipients for permanent residency:

• Immediate Relatives of U.S. Citizens: Spouses, parents and unmarried minor children of U.S. citizens can often apply without waiting for a visa to become available. This path is faster than others since it’s not subject to visa quotas.
• Preference Category Relatives: Adult or married children of U.S. citizens and spouses or children of lawful permanent residents (LPRs) may have longer waits. These cases are subject to visa availability and may require additional steps.

For some, family-based petitions may allow adjustment of status in the U.S. so you don’t need to go through consular processing abroad which can be risky.

B. Employment-Based Immigration

DACA recipients may also be eligible for employment-based visas, especially those with specialized skills or education:

• H-1B Visas: DACA recipients with a bachelor’s degree or higher and specific skills may be eligible for this visa which is commonly used by tech companies and other specialized industries.
• Other Employment-Based Categories: Some may be eligible under employment-based immigrant visa categories for individuals with extraordinary ability, professional achievements or investment interests. An employer must sponsor these applications and visa numbers are capped annually.

DACA recipients should consult with an immigration attorney who specializes in employment visas to see if you qualify as this path requires a well-prepared application and often a long wait.

C. U Visa for Crime Victims

The U visa is an option for DACA recipients who have been victims of certain crimes and have cooperated with law enforcement:

• Eligibility: To qualify, applicants must be victims of certain crimes (e.g. domestic violence, assault) that occurred in the U.S., cooperate with law enforcement and meet other requirements.
• Deferred Action with Bona Fide Determination (BFD): Recently, USCIS has accelerated the U visa process through the BFD, granting work authorization and deferred action to eligible applicants while they wait for full adjudication. This can get work authorization for DACA recipients earlier than before.

This visa also offers a path to LPR status after 3 years, so it’s a long-term solution for those who qualify.

D. Travel on Advance Parole for Adjustment of Status

Advance parole can be important for DACA recipients who are pursuing family-based petitions especially if they entered the U.S. without inspection:

• Adjustment Eligibility: DACA recipients who enter the U.S. on advance parole are considered “inspected and paroled” which is a key requirement for adjustment of status.
• Immediate Relative Requirement: This path is most useful for immediate relatives of U.S. citizens. Other family members in preference categories may still have restrictions due to specific adjustment bars.

However, travel on advance parole is not a guarantee of re-entry and may be risky so consult a lawyer.

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Other Immigration Options and Considerations

245(i) Adjustment Eligibility

Under the Immigration and Nationality Act (INA) § 245(i), some individuals can adjust status in the U.S. even if they entered without inspection or worked without authorization. Key points:

• Grandfathered Petitions: If a family or employment petition was filed on or before April 30, 2001 and the applicant was named or qualified as a derivative beneficiary, they may be eligible for adjustment.
• With Newer Petitions: If the original petition is no longer valid, 245(i) eligibility can be used with a newer petition and adjust status without leaving the country.

This is great for older DACA recipients or those whose parents had petitions filed before 2001.

Employment-Based Adjustment with Current Employer

Some DACA recipients may be eligible for an employment-based adjustment due to their professional qualifications and work history:

• Professional Degrees and High Demand Skills: Many DACA recipients have bachelor’s or advanced degrees and can qualify for employment-based sponsorship through their current employer.
• Corporate Support: Companies, especially in tech and other high-demand fields, are interested in sponsoring DACA employees to retain talent.

Given the complexity of employment-based visas, recipients should consult with specialized immigration lawyers to navigate these options.

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Plan for Uncertainty

Since DACA is in legal limbo, recipients should explore all possible immigration options. Here’s what to do:

• File DACA Renewals on Time: Submit renewal applications within USCIS’s timeframe to avoid gaps in protection.
• Use Advance Parole Wisely: Advance parole is still available but travel should be planned carefully given the legal risks.
• Get Screened Broadly: DACA recipients should get screened for family-based, employment-based and other forms of immigration relief.
• Stay Informed: Legal and policy changes can affect DACA’s future. Recipients should stay up to date and consult with immigration lawyers as needed.

Traveling for DACA Recipients: How to Apply for Advance Parole (And Attain Eligibilty to Adjust Status)

Advance Parole is a permit that allows DACA recipients to travel outside the U.S. and re-enter lawfully. But there are rules and procedures to follow. Below we explain how to apply, eligibility, required documents and tips for safe travel.

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Before You Travel

• Approval Required: DACA recipients must wait until their DACA is approved before traveling. Traveling outside the U.S. without approved Advance Parole will result in loss of DACA status.
• Re-entry Not Guaranteed: Even with Advance Parole, re-entry is subject to inspection at the border and can be denied.
• Get Legal Advice: Consult with an immigration lawyer before making travel plans to understand the risks.

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What is Advance Parole?

Advance Parole is a travel document issued by USCIS that allows DACA recipients to leave and re-enter the U.S. legally. It’s usually for:

• Humanitarian: Visiting sick or elderly relatives, attending funerals or medical treatment.
• Educational: Study abroad programs or academic research.
• Employment: Overseas assignments, conferences, training or work-related meetings.

Filing Fee: $630

Advance Parole Benefits and Limits

Benefits

• Legal permission to travel and re-enter the U.S.
• Opportunities for academic, employment or family travel.
• Potential enabling of eligibility to adjust status

Limits

• Delayed or Denied Re-entry: You can be denied re-entry when you return to the U.S.
• Limited to Approved Purposes: Travel for vacation or leisure will not be approved.
• Time-Limited: Travel must be done within the time frame approved by USCIS.

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Who Can Apply for Advance Parole?

DACA recipients can apply for Advance Parole if:

• They have approved DACA.
• They have a valid reason for travel under humanitarian, educational or employment categories.

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How to Apply for Advance Parole

Step 1: Check Eligibility and Purpose of Travel

Before applying for Advance Parole, consult with an immigration attorney to confirm your eligibility. Certain factors like removal orders or unlawful presence may bar your re-entry to the U.S.

Common Questions on Eligibility

• How do I check my immigration history? Contact an attorney to review your file.
• Can I travel with a removal order? Travel with caution and consult an attorney

Purpose of Travel

• Humanitarian: Visits for medical treatment, funerals or family emergencies.
• Educational: Academic programs or research abroad.
• Employment: For work assignments, conferences or training abroad.

Basic Eligibility Questions: Answering “No” to any of the following means you are not eligible for Advance Parole now.

• Is your DACA approved?

• Renew at least 120 days before expiration.

• Do you need to travel for education, employment or humanitarian purposes?

• Select all that apply: Education, Employment, Humanitarian.

• Do you have a passport?

Further Questions
If you answer “Yes” to any of the following, consult an immigration attorney before applying for Advance Parole.

• Have you been in removal proceedings?
• Do you have other pending immigration applications?
• Will your DACA expire during your travel dates?
• Do you have a criminal record or outstanding fines?

Step 2: Fill out Form I-131, “Application for Travel Document”

• On Part 2 of the form, check Box 1.d under “Application Type” for Advance Parole.
• Enter your travel dates and purpose.
• Leave reentry permits and refugee travel documents sections blank.

Step 3: Gather Supporting Documents

Provide proof of why you need to travel. Examples:

• Humanitarian: Medical records, death certificates or proof of family relationship.
• Educational: Acceptance letters to study abroad programs, research approval or letters from academic advisors.
• Employment: Employer letters, conference invitations or work-related travel documentation.

Step 4: Assemble the Application Package

Package contents should include:

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  1. Cover Letter: Be brief and state the purpose of your trip and list the documents you are including.
  2. Form I-131: Fill out USCIS Form I-131(Application for Travel Document). Right now it must be submitted as a paper application.
  3. Purpose Statement: State clearly why your travel is necessary (humanitarian, education or employment).
  4. Supporting Documents: See below for required documents based on purpose of travel.
  5. DACA Approval Notice: Include a copy of your most recent I-797.
  6. Employment Authorization Document: Include a copy of your EAD.
  7. Passport Photos: Two recent passport sized photos.
  8. Application Fee: A check or money order for $630 made out to “U.S. Department of Homeland Security.”

Supporting Documents

• Education: Official enrollment letters, program syllabi, acceptance letters or letters from academic advisors explaining how the travel will benefit your studies.
• Employment: Employer letters explaining the need for travel, conference registration or invitations for work related events.
• Humanitarian: Medical records for yourself or ailing relatives, birth or death certificates to prove relationships and statements from family members.

Tip: Make two copies of your application. Keep one with you during travel and leave one with a trusted contact in the U.S.Completed I-131 application

Step 5: Submit

• Mailing Address:
• USCIS
• P.O. Box 5757
• Chicago, IL 60680-5757
• Keep a Copy: Always keep a copy of your application and supporting documents.

Step 6: USCIS Resources

Check the USCIS I-131 instructions for more information.

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Step 7: Travel Preparation

Documents to Carry

• Original Advance Parole approval (I-512L)
• DACA Approval Notice
• Supporting documents for purpose of travel

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Step 8: Re-entering the U.S. with Advance Parole

When you get back, you will go through inspection at the port of entry and CBP may ask you questions about your trip. Stay calm and have all your documents ready.

Advance Parole Travel Tips

• Consult an Immigration Attorney: Before you leave, consult with an attorney to confirm your travel plans are safe and to discuss any risks.
• Monitor Travel Dates: Don’t exceed the time frame on your Advance Parole.
• Leave Early: Plan to return well before your Advance Parole expires to account for delays.
• Bring Documents: Bring your Advance Parole and DACA approval notices with you.
• Leave with Someone You Trust: Make sure a family member or representative in the U.S. has copies of your approval documents in case of an emergency.
• Emergency Contacts: Carry contact information for family members and legal representatives.

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Emergency Advance Parole Requests

For emergency situations, you may be able to request expedited processing of Advance Parole. But the reason must be serious, like a medical emergency or family emergency. Always check with USCIS for current instructions on emergency requests.

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Traveling on Advance Parole Risks

Traveling abroad with Advance Parole has risks, including being denied re-entry. Travel history may also impact future immigration options so consult with an immigration attorney to consider these risks.

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More Resources

• Immigrants Rising Advance Parole Travel Guide: Funding, application process and travel tips with audio stories from DACA recipients.
• American University’s Defending the AU Dream Initiative: Traveling abroad as a DACA recipient.
• Immigrant Legal Resource Center (ILRC): DACA re-entry guide for Advance Parole holders.

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Advance Parole FAQs for DACA Recipients

General Advance Parole Question

What is Advance Parole?
Advance Parole is a permit that allows certain immigrants, including DACA recipients, to re-enter the United States after traveling abroad. Without it, you can lose DACA and face big legal problems when you re-enter.

Why would a DACA recipient want Advance Parole?
DACA recipients may need to travel abroad for specific reasons such as educational programs, job opportunities, family events (weddings or funerals) and humanitarian purposes. Advance Parole allows you to travel without losing DACA. In some cases, re-entry on Advance Parole renders the individual eligible to adjust status via marriage to a US citizen.

What are the valid reasons to apply for Advance Parole as a DACA recipient?
Valid reasons include:

• Educational: Study abroad programs, academic research etc.
• Employment: International work training, assignments etc.
• Humanitarian: Visiting a sick or deceased relative, medical needs etc. USCIS reviews applications on a case-by-case basis so documentation supporting the purpose is required.

Is Advance Parole a guarantee I can re-enter the U.S.?
No, Advance Parole is permission to apply for re-entry but not a guarantee of admission. U.S. Customs and Border Protection (CBP) officers have the discretion to deny entry if they find grounds for inadmissibility or other issues.

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Eligibility and Application Process

Can any DACA recipient apply for Advance Parole?
Generally, DACA recipients can apply but they cannot have certain criminal backgrounds or immigration violations that would make them ineligible. They must also have a valid reason to travel.

How do I apply for Advance Parole?
You need to fill out Form I-131 (Application for Travel Document), submit it to USCIS along with supporting documentation for your travel purpose and pay the filing fee. Applications are processed by USCIS and can take several months to be approved.

What documents do I need?
Supporting documents vary depending on the reason for travel:

• Humanitarian: Medical records, doctor’s letters or death certificates.
• Educational: School letters, program information or itinerary.
• Employment: Employer letters, details of the assignment etc.

How long does it take for USCIS to process Advance Parole for DACA?
Processing times vary but it usually takes 3-6 months. Apply early as expediting is rare and only granted in exceptional circumstances.

Can I expedite my Advance Parole?
Expedites are only granted for urgent humanitarian reasons such as a medical emergency or death in the family. You must submit evidence of the emergency and request an expedite directly to USCIS.

Can I file Advance Parole online?

No, currently it must be mailed.

What if I need a document translated?

Include a certified translation if necessary.

Can I file for DACA renewal and Advance Parole at the same time?

Yes, you can but make sure to follow each process correctly

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Traveling with Advance Parole

How long can I travel outside the U.S. on Advance Parole?
The approved period varies depending on your application. USCIS generally issues Advance Parole for short trips (usually no more than two to four weeks). Extended stays can raise flags with CBP upon re-entry.

Can I extend my Advance Parole if my trip needs to be longer?
No, Advance Parole cannot be extended. If you need to stay longer you may need to reapply but this can cause complications when re-entering the U.S.

What if my Advance Parole expires while I’m outside the U.S.?
If your Advance Parole document expires you may not be able to re-enter the U.S. and risk losing your DACA status. Plan your travel and return before it expires.

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Risks and Consequences

Can traveling on Advance Parole help with future immigration status adjustments?
Traveling on Advance Parole can allow you to re-enter on “parolee” status which some DACA recipients find helpful for adjusting status if they marry a U.S. citizen or have other paths to legal permanent residency.

Are there any risks with Advance Parole for DACA recipients?
Risks:

• Denial at the border: CBP has the discretion to deny re-entry.
• Immigration changes: Policies or regulations can change while you’re outside the U.S.
• Criminal history: Even minor offenses can cause issues at re-entry.

Will traveling on Advance Parole affect my DACA status?
Not directly but any legal or immigration issues found upon re-entry can affect your DACA status. Make sure you meet all entry requirements and disclose any prior immigration violations.

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Uncommon Questions or Situations

Can I apply for Advance Parole if my DACA is about to expire?
Yes but it’s risky. Make sure your DACA is valid for the entire duration of your trip and ideally until you return to avoid complications.

What if my Advance Parole is denied? Will it affect my DACA?
A17: Denial of Advance Parole does not affect your DACA status. But any issues found during the application process (like past violations) can affect your status or future applications.

Can I apply for Advance Parole multiple times?
Yes but each application requires justification and is reviewed individually. Multiple applications may raise questions about the legitimacy of your travel needs.

I’m married to a U.S. citizen will Advance Parole automatically allow me to adjust my status?
No. While some DACA recipients have used Advance Parole to help with status adjustments, being married to a U.S. citizen does not automatically qualify you. Each case is unique and it’s best to consult an immigration attorney.

Is Advance Parole guaranteed if I have an emergency reason?
No. While humanitarian emergencies are valid reasons, USCIS still reviews and may deny applications based on individual circumstances or documentation.

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After Approved Advance Parole

Do I need to carry any specific documents when I travel?
Yes, carry your Advance Parole document, DACA approval notice, valid passport and any additional documents supporting your travel reason (e.g. doctor’s letter, employer’s letter).

Should I notify anyone before I leave and upon return?
It’s a good idea to notify an immigration attorney or family member of your travel plans and you may also want to notify USCIS if you have specific reasons to keep them informed.

Do I need to notify my school or employer about my travel plans?
Yes, it’s often required by your school or employer especially if your travel affects your job or educational program. Schools may even need to sign supporting documents if the travel is educational.

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Where will re-entry be processed?

Re-entry will be processed at the U.S. port of entry.

What if CBP asks to search my electronic devices?

This is allowed under U.S. law; remove any sensitive data before you travel. Don’t post unrelated travel photos on social media to minimize scrutiny.

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Lost Advance Parole Document?

Contact USCIS if your document is lost or stolen.

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Advance Parole allows DACA recipients to travel but you must follow all the rules and understand the risks. With proper planning and documentation, you can make the immigration process much easier and minimize travel risks. Always consult an immigration attorney.

Adjustment of Status Through Parole in Place for Family Members of U.S. Military Personnel

The “Parole in Place” (PIP) program allows family members of U.S. military members and veterans to potentially adjust their status and become lawful permanent residents (green card holders) even if they entered the U.S. illegally. PIP is not a separate immigration status but a tool to help non-citizen family members become permanent residents without having to leave the U.S.

What is Parole in Place (PIP)?

PIP is a temporary permission to be in the U.S. (usually in one-year increments) and allows eligible individuals to apply for a work permit. This is a benefit for non-citizen family members of U.S. military members to get lawful statusand potentially apply for a green card even if they entered the U.S. illegally.

With PIP, eligible applicants can adjust status without leaving the country and re-entry issues.

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Who is eligible for Parole in Place?

You may be eligible if:

• You entered the U.S. illegally
• You are the spouse, widow/widower, or unmarried minor child of:
• An active-duty member of the U.S. armed forces
• A Selected Reserve member of the Ready Reserve
• A veteran who served honorably in the U.S. armed forces or the Selected Reserve

Note: PIP is discretionary, approval is not guaranteed. USCIS will grant it only if they think it serves a public benefit, like military family unity. Individuals with criminal convictions or other serious issues may not be eligible.

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How to Apply for Parole in Place

To apply for PIP, gather and submit the following documents to U.S. Citizenship and Immigration Services (USCIS):

Form I-131, Application for Travel Document

• Check the box in Part 1, Question 8A to select PIP as the purpose.

Proof of Relationship to Military Member

• Submit marriage or birth certificates, with translations if not in English.

Evidence of Military Service

• Copies of military ID (DD Form 1173), enlistment papers or other official documents proving military service.

Two passport-style photos of the applicant.

Additional Supporting Evidence

• Letters from community members or employers, volunteer work and educational achievements may help your case. If you have a criminal record, include proof of rehabilitation (consult an attorney for guidance on criminal issues, as these can affect eligibility).

Note: There is no fee for PIP. Submit your application to the USCIS field office serving your area, some offices may have additional requirements (e.g. a written statement explaining how you entered the U.S. or proof of an I-130 petition).

After submission, USCIS may schedule an interview, which is usually short but can be longer if more information is needed.

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If Parole in Place is Granted: What’s Ne

You’ll receive an I-94 card as proof of PIP status. This card is good for one year and should be kept safe as it allows you to:

• Apply for a work permit (EAD) through USCIS.
• Adjust status and apply for a green card if unlawful entry was the only issue.

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Family Members Eligible for a U.S. Green Card

Under U.S. immigration law, only certain family members of U.S. citizens are eligible for a green card as “immediate relatives”:

• Spouse or widow/widower
• Unmarried child under 21
• Parent

Immediate relatives have priority for green cards without long waiting lines and PIP allows them to adjust status in the U.S.

How to File for Adjustment of Status

Once PIP is approved you can:

• Form I-130: The U.S. citizen family member should file this if it hasn’t already been filed.
• Adjustment of Status Application (Form I-485): Attach your PIP approval notice to your application.

Consult an attorney for guidance on filing a family-based green card application as the process can be tricky.

Important Notes

PIP applications have a high denial rate and success depends on the strength of your case. It’s recommended to get legal help especially if you have other issues (e.g. criminal history) that can affect your adjustment to permanent residence. An immigration attorney can also help you with local requirements and USCIS office pr

Dreamers by the Numbers

1. Population: Who are the Dreamers?

• Eligibility Criteria: The 2023 Dream Act (S. 365) defines Dreamers as undocumented immigrants who entered the U.S. before age 18 and have been here for at least 4 years prior to the bill’s enactment. They must be inadmissible or deportable under immigration law or have TPS and have completed or be in high school.
• Number of Beneficiaries: 2.3 million would get a pathway to citizenship, about 1/5 of the undocumented population in the U.S.
• DACA-Eligible: Over 1 million of these Dreamers are eligible for Deferred Action for Childhood Arrivals (DACA) which protects immigrants who entered the U.S. in 2007 or earlier, were under 16 and met certain education or military service requirements.
• Current DACA Status: About 590,000 Dreamers had active DACA as of late 2022 and 400,000 more could qualify if new applications were allowed. Due to recent court decisions, about 95,000 are waiting for DACA approval.
• School-Aged Dreamers: About 600,000 young people are not eligible for DACA as they arrived after the 2007 cut-off.

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2. Age: A Young Population

• Youth Demographics: Over 1.5 million Dreamers eligible under the 2023 Dream Act are under 30, median age 24.
• Minors: About 600,000 are under 18, 1.7 million are adults. Many minors can’t apply for DACA as the entry requirements are outdated, since DACA was created in 2012 and has not been updated.

3. Origins and U.S. Arrival: Diverse Backgrounds, Deep Roots

• Years in the U.S.: 1.7 million Dreamers or 76% of those covered by the Act entered the U.S. in 2012 or earlier, have been here over 10 years.
• Age at Entry: 76% arrived before age 13, spent their formative years in the U.S.
• Country of Birth: While almost half (1 million) of eligible Dreamers were born in Mexico, the rest come from:
• Asia: 370,000 from countries like India, China and the Philippines.
• Central America: 320,000 from countries like El Salvador, Guatemala and Honduras.
• South America: 160,000 from countries like Colombia and Venezuela.
• Caribbean: 120,000 from Haiti, Dominican Republic and Jamaica.
• Africa and Middle East: 110,000 from various African and Middle Eastern countries.

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4. Education: Many Dreamers are in School

• Educational Attainment: To be eligible for the Dream Act, Dreamers must have completed high school or equivalent, be in school or have served honorably in the U.S. military.
• High School Graduates: 1.6 million Dreamers have graduated high school or GED, 250,000 have college degrees or diplomas.
• Students: 900,000 Dreamers are in school, 600,000 K–12 and 300,000 college. Of these 300,000 are eligible for DACA, others arrived too recently to qualify.

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5. Workforce: Filling Gaps in High-Demand Sectors

• Employed in Critical Industries: 1 million Dreamers are employed in industries with severe labor shortages, job opening rates above 5%.
• Sector Breakdown:
• Construction: 190,000
• Retail Trade: 190,000
• Food Services and Accommodation: 170,000
• Manufacturing: 140,000
• Business and Professional Services: 140,000
• Healthcare and Social Assistance: 110,000
• Transportation and Warehousing: 80,000
• Total Workforce Participation: 1.3 million Dreamers or 60% of those covered by the Act are in the workforce.

6. Economic Impact: Growing the U.S. Economy

• Current Impact: Despite limited protections, Dreamers contribute about $45 billion to the U.S. economy through wages and $13 billion in federal, state and local taxes.
• Future Projections: FWD.us estimates DACA recipients alone could contribute $390 billion in wages and $117 billion in taxes over the next 10 years if they were given permanent residency and work authorization.

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7. Family Ties: Supporting U.S. Citizen Families

• Parental Status: 475,000 Dreamers are parents to at least one U.S. citizen child, 750,000 U.S. citizen minors with a Dreamer parent.
• Marital Ties: 200,000 Dreamers or 10% of those covered by the Act are married to U.S. citizens. Many more Dreamers have close family ties to U.S. citizens but current laws prevent them from getting permanent residency despite these ties.

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Why the Dream Act Matters

The Dream Act of 2023 will provide a pathway to citizenship for Dreamers, ending years of uncertainty and allowing them to fully contribute to American society. With their youth, education, work skills and deep family ties, Dreamers are uniquely positioned to strengthen the U.S. workforce and economy. Passing this legislation would not only recognize their contributions but also secure a better future for American families and communities. Only by giving them a path to citizenship can Congress ensure Dreamers can continue to build their lives in the country they call home.

What if DACA Ends? Jobs, Families, Communities

Since 2012, the Deferred Action for Childhood Arrivals (DACA) program has given protection from deportation and work authorization to young undocumented immigrants, allowing them to build lives, families and careers in the U.S. Despite its success, DACA is under legal threat. If it ends or renewals stop, the impact will be catastrophic for recipients, their families and the U.S. workforce and economy.

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If DACA Ends

1. Job Losses: Thousands Each Week

• Daily Job Losses: If renewals stop, 1,000 DACA recipients would lose their jobs every business day for the next 2 years. That’s 18,000 jobs lost each month and workforce shortages across multiple industries.
• Impact on Essential Workers: The following sectors would be hit hardest:
• Healthcare: 1,500 healthcare workers (doctors and nurses) would lose their jobs each month.
• Education: 700 educational professionals (teachers and aides) would be forced out of work.
• Personal Care: 600 caregivers in child and senior care would lose their jobs monthly, affecting vulnerable community members.

Estimated Monthly Job Losses by Sector

• Office Administration: 2,700
• Sales: 1,900
• Transportation: 1,800
• Construction: 1,800
• Food Preparation/Service: 1,700
• Healthcare: 1,500
• Production: 1,200
• Management: 1,000
• Building Maintenance: 800
• Education: 700
• Personal Care: 600

Total Jobs Lost Monthly: 18,600

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2. Economic Impact: State by State

• State-Level Impacts: The states with the largest DACA recipient populations (California and Texas) would be hit the hardest:
• California: 5,200 monthly job losses, 500 healthcare workers, 200 educators
• Texas: 2,600 monthly job losses, 200 healthcare, 100 education
• Other States: Illinois, New York, Arizona, Florida would also be hit hard, with economic ripples across their local communities.

3. Shrinking DACA Population: A Generation Without Opportunity

• No New Applications: DACA is currently closed to new applicants due to legal restrictions and about 600,000 eligible Dreamers are without protection.
• Backlog: About 100,000 applications are pending at USCIS but cannot be processed due to court orders. 120,000 young undocumented high school graduates in 2023 are ineligible for DACA and have limited options.
• A Generation Without Opportunity: As DACA recipients age, younger Dreamers are growing up without DACA.

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The Impact on Families: Deportation Risks for Loved Ones

1. Family Separation: 1,000 U.S. Citizens Daily

• Family Members at Risk: Ending DACA would not only affect recipients but also put their U.S. citizen family members at risk of being separated. Over 2 years, more than 1,000 U.S. citizens each day would see a loved one (parent, spouse or sibling) face deportation.
• Children: 12,600 U.S. citizen children each month could see a parent become deportable, leading to uncertainty, stress and possible family separation.
• Spouses: 4,000 U.S. citizen spouses could lose their partner’s protection, putting families under immense emotional stress.

Monthly Numbers of U.S. Citizen Family Members Affected

• California: 2,700 children and 1,300 spouses
• Texas: 2,400 children and 800 spouses
• Other States: New York, Arizona, Washington, Colorado, Nevada, North Carolina, Florida would also be hit hard.

2. The Human and Financial Cost to Familie

• Mental Health: Deportation threats weigh heavily on families, affecting children’s school performance and adults’ work productivity.
• Financial Stress: Losing a family member’s income due to deportation or job loss could destabilize family finances, leading to housing insecurity, reduced access to healthcare and other financial hardships.

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We Need Action Now

DACA has been a lifeline for hundreds of thousands of young immigrants who have made the U.S. their home, contributing to the economy and their communities. With the program under attack like never before, only Congress can provide a permanent solution to protect Dreamers and prevent the disaster of ending DACA.

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Why a Permanent Solution Matters

• Workforce and Economy: DACA recipients are part of the U.S. workforce. Losing them would hurt businesses, hospitals, schools and other critical infrastructure, exacerbate labor shortages and costs.
• Families and Communities: Dreamers are part of American society. Many have U.S. citizen children and spouses, own homes and contribute to their communities. Congress must act so they can stay, work and thrive in the U.S.

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DACA 12 Years Later: Lives

The Deferred Action for Childhood Arrivals (DACA) program has allowed undocumented youth to build lives in the U.S., many now working, in college and raising families. As DACA turns 12, the program is under legal attack and recipients and their families are in crisis. Here’s the situation.

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DACA’s History and Purpose

• 2012: The Obama administration created DACA to give temporary deportation relief to young immigrants who came to the U.S. as children. It allowed recipients, known as Dreamers, to work, study and live without fear of being deported.
• Initial Recipients: When DACA started, most recipients were high school or college students. Their average age was 21, half were in school and 60% were working. The average annual income was $4,000.

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12 Years of Growth: The Evolution of DACA Recipients

2024 vs. 2012

• Labor Force: 88% of DACA recipients are now in the workforce vs. 60%.
• Education: 99% have graduated high school, 49% have some college education.
• Income: Median annual income has jumped from $4,000 to $37,000.
• Family Life: 42% are married and 50% have children, they have put down deep roots in the U.S.

• To the Economy: Over the years, DACA recipients have added over $100 billion to the U.S. economy through taxes and spending.
• Stable Jobs: With DACA’s work permit, recipients have been able to have stable careers and benefit industries across the country, healthcare, education and technology.

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Personal Story: Reyna Montoya

Reyna Montoya, one of the first DACA recipients, went from student to teacher and community leader. DACA allowed her to graduate from college and make a difference in her community. Like many other Dreamers, she now advocates for a safer future and urges Congress to act.

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A New Profile: DACA Recipients Today

• Today’s DACA population looks different from the program’s early years:
  • Age and Time in the U.S.: The average DACA recipient is now 31 and has been in the U.S. for 25 years.
  • Widespread Presence: DACA recipients live in communities all over the U.S., with the largest populations in California (28%) and Texas (17%).
  • Family Life: Many DACA recipients live in mixed status households, often with U.S. born spouses or children, so family stability is key.

DACA Population Characteristics

• Labor Force: 83% are in the workforce.
• Education: 96% have graduated high school, 49% have some college education.
• Family Structure: 31% are married, 38% have children.
• U.S. Citizen Relatives: 1 million U.S. citizens live in households with DACA recipients.

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Uncertainty: Legal Challenges and Limited Access

was supposed to be temporary but congressional inaction has left recipients in limbo:

• Legal Threats: In recent years, court decisions have blocked new applications, leaving an estimated 600,000 eligible youth without access to DACA.
• Renewals Only: Current recipients can still renew but the program is still at risk of being ended permanently. If the courts strike down DACA, 1,000 jobs and family separations would occur every business day for the next two years.
• Frozen Eligibility: Since the eligibility date for DACA hasn’t been updated since 2012, many recent high school graduates can’t apply, despite having lived in the U.S. most of their lives.

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Congress Must Act Now

“DACA policy has given young undocumented immigrants a chance to build lives in the U.S. but without a permanent solution their future is uncertain. Congress can:

• Create a Pathway to Citizenship: By passing a bill, Congress can give Dreamers a permanent home in the U.S. which is where they have lived most of their lives.
• Protect Families: Many DACA recipients have U.S. citizen family members so a pathway to citizenship would prevent family separations and family stability.
• Include the Entire Undocumented Population: Expanding protections to all undocumented family members would keep millions of families together so they can fully participate in the economy and their communities.

Now is the Time

President Obama’s original DACA statement said it was temporary and that Congress needed to act. Twelve years later, the call to act is still urgent. With legal threats looming, Congress must pass a pathway to citizenship to give DACA recipients, their families and their communities stability and certainty.

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• The Dream Act: Stalled

Since its introduction over 20 years ago the Development, Relief, and Education for Alien Minors (DREAM) Act has been at the center of U.S. immigration reform. Designed to provide a pathway to legal status for undocumented immigrants who came to the U.S. as minors, often called Dreamers, the Dream Act continues to be a topic of political debate and hope for millions who want to fully participate in American society. This article will look at the history, main provisions, potential effects and current status of the Dream Act.

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History

The idea of the Dream Act was born out of the need to address the special challenges faced by undocumented immigrants brought to the U.S. as children. These young people, many of whom were raised in American communities and educated in American schools, find themselves in a legal limbo. They are American in culture yet undocumented in status, with limited access to work, education and financial aid because of their immigration status.

In 2001 Senators Dick Durbin (D-IL) and Orrin Hatch (R-UT) introduced the first version of the Dream Act to provide conditional residency to young undocumented immigrants and a pathway to permanent residency if they met certain educational or military service requirements. Since then various versions of the Dream Act have been introduced in Congress but despite broad public support the Act has not been passed into law. However it paved the way for other initiatives including Deferred Action for Childhood Arrivals (DACA) which temporarily protects eligible Dreamers from deportation.

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Main Provisions of the Dream Act

While different versions of the Dream Act have been introduced, most have had the same core criteria and goals. Main provisions of the Dream Act include:

1. Eligibility Requirements: The Act applies to undocumented immigrants who were brought to the U.S. as minors (often before age 16) and have been in the country for several years before the law is enacted. Applicants must generally show good moral character meaning they have not been convicted of certain crimes and are not a threat to public safety.
2. Education and Military Service: To get permanent legal residency eligible applicants often have to complete a period of higher education (such as an associate’s or bachelor’s degree) or serve in the U.S. military. This requirement is to show a commitment to American society.
3. Conditional Residency: Once initial eligibility requirements are met Dreamers can be granted conditional residency and can live, work and study in the U.S. without fear of deportation. Conditional residency status is usually for a certain period of time (e.g. six years) during which the individual has to meet educational or military requirements.
4. Pathway to Permanent Residency: Once the conditions are met Dreamers can apply for permanent legal residency (often called a green card) and eventually citizenship. This would allow them to fully participate in American society, access more job opportunities and contribute more to the economy.

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Economic and Social Effects

The Dream Act has big implications for Dreamers and the U.S. as a whole. Advocates say passing the Dream Act would bring significant economic benefits, support the American workforce and uphold American values of fairness and opportunity. Here are some of the main effects:

1. Economic Growth: Research shows Dreamers contribute to the U.S. economy. Studies say passing the Dream Act would add billions to the gross domestic product (GDP) over the next few decades. By giving Dreamers stable legal status the Act would allow them to get higher paying jobs, invest in education and contribute more in taxes and boost economic growth.
2. Meeting Workforce Needs: As the U.S. is facing a shortage of skilled labor Dreamers could fill gaps in key industries like healthcare, education, technology and manufacturing. Many Dreamers have pursued professional and technical education and are ready to meet current and future workforce needs.
3. Family and Community Stability: Dreamers are already part of American communities as family members, friends, colleagues and students. By giving them status the Dream Act would reduce the risk of family breakups due to deportation and strengthen community bonds and the social fabric of the country.
4. American Values: The Dream Act is in line with American values of opportunity, hard work and equality. Giving Dreamers a pathway to status would recognize their contributions, resilience and commitment to the country they call home.

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The Dream Act and Related Policies Today

1. Although the Dream Act has had bipartisan support for years it has faced political hurdles and has not passed. Each Congress brings new versions of the Act, some focusing on education and others on family members of Dreamers. Despite wide public support the political gridlock has stalled progress.

In 2012 the Obama administration introduced the Deferred Action for Childhood Arrivals (DACA) program. DACA provides temporary relief from deportation and work authorization for eligible Dreamers and allows them to renew every two years. While it’s temporary relief it’s not a permanent solution. Legal challenges and changes in administration policies have put the program in jeopardy and left DACA recipients in limbo.

In 2021 the American Dream and Promise Act passed the House of Representatives which included the Dream Act. But it did not move in the Senate. President Biden has said he supports comprehensive immigration reform including the Dream Act but the Act’s fate is up to bipartisan cooperation in Congress.

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For and Against the Dream Act

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For

1. Moral Imperative: Supporters say it’s unfair to punish young people who had no choice in coming to the U.S. and have spent most of their lives here.
2. Economic Growth: Many studies say legalizing Dreamers would increase their economic contributions and GDP and tax revenue.
3. Human Rights and Family Unity: The Act would prevent deportation and family breakups for hundreds of thousands of Dreamers and their families and uphold human rights.

Against

1. Encouraging More Illegals: Critics say legalizing Dreamers would encourage more undocumented immigration, they think it would create a pathway for future arrivals.
2. Cost: Some say the Act would increase public spending on education, healthcare and social services.
3. Rule of Law: Some say providing a pathway to citizenship undermines the enforcement of current immigration laws.

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The Dream Act is a symbol and a solution to a problem affecting millions of young people in the U.S. While the road to passage is uncertain the debate around the Dream Act shows we need a compassionate and forward thinking approach to immigration reform. For Dreamers passing the Act would mean more than status it would mean the opportunity to fully be themselves, enrich American society and build a secure and stable future. As the country figures out its immigration policy the Dream Act is a reminder of the values of resilience, opportunity and the American dream.

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DACA FAQ

General DACA Program Questions

1. What is DACA?

• Deferred Action for Childhood Arrivals (DACA) is a policy that allows some individuals who were brought to the U.S. as children and meet specific requirements to request deferred action from deportation and get a work permit.

2. Who is eligible for DACA?

• Eligibility requirements are: arrived in the U.S. before age 16, under age 31 as of June 15, 2012, lived in the U.S. since June 15, 2007, no lawful status as of June 15, 2012, meet education or military service requirements and no significant criminal record.

3. What does DACA give?

• DACA recipients get temporary protection from deportation and can apply for work authorization (EAD) which allows them to work legally in the U.S.

4. Is DACA a pathway to citizenship?

• No, DACA is not a direct pathway to citizenship or permanent residency (green card).

5. How long is DACA valid?

• DACA is granted for two years and recipients must apply for renewal before it expires.

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DACA Litigation and Status

c

1. Why is DACA in litigation?

• Various lawsuits argue that DACA was an overreach of executive power and should have been done through legislation instead of executive action.

2. What was the recent Texas court decision on DACA?

• In 2021 and 2023 Judge Andrew Hanen ruled that DACA is unlawful. Current DACA recipients can continue to renew but no new applications are being approved.

3. What happens if the Fifth Circuit or Supreme Court rules against DACA?

• If DACA is deemed unlawful recipients may lose their protections and work authorization. There could be a “wind-down” period to allow for adjustments but that depends on the court’s ruling.

4. Can I still renew if DACA is rescinded by a court?

• Renewals are being accepted now but may change depending on future decisions. Renew as soon as eligible.

5. Are there any legislative efforts to make DACA permanent?

• Yes, Congress has proposed bills like the DREAM Act to provide permanent protection for DACA recipients but none have passed yet.

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DACA and Health Care

1. Are DACA recipients eligible for Medicaid or other federal health programs?

• Generally DACA recipients are not eligible for Medicaid or other federal health insurance programs unless their state provides benefits for DACA recipients.

2. Can DACA recipients get ACA coverage?

• As of November 1, 2024 DACA recipients can purchase ACA health insurance but eligibility may be challenged in ongoing court cases.

3. Are there subsidies for DACA recipients on ACA plans?

• Yes, DACA recipients may be eligible for premium subsidies based on income which can help reduce the cost of health insurance.

4. Can using healthcare affect my DACA status or future immigration benefits?

• Enrolling in ACA health coverage and receiving subsidies are not considered public benefits for “public charge” purposes and should not affect future immigration applications.

5. Can DACA recipients get emergency Medicaid?

• Some states provide emergency Medicaid for DACA recipients which covers specific emergency services. Check with your state’s Medicaid office for eligibility.

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• DACA and Advance Parole (Travel Authorization)

• What is advance parole for DACA recipients?

• Advance parole allows DACA recipients to travel outside the U.S. for specific purposes (humanitarian, educational or employment) and return lawfully.

• Who can apply for advance parole under DACA?

• DACA recipients with approved DACA status can apply if they have a valid reason for humanitarian, educational or employment needs.

• What are the risks of traveling with advance parole?

• Advance parole allows you to re-enter but does not guarantee admission and CBP can deny entry based on certain factors.

• Can DACA recipients travel for vacation?

• No, vacation or leisure travel is not a valid reason for advance parole under DACA. Only humanitarian, educational or employment purposes are allowed.

• Can I apply for advance parole if I am in removal proceedings?

• Yes but very complicated. Consult an immigration attorney before applying for advance parole if you have removal proceedings in your record.

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DACA and H-1B Visas

• Can DACA recipients apply for H-1B visas?

• Yes, DACA recipients can apply for an H-1B visa but may face challenges due to their initial unlawful entry and lack of “lawful status”.

• Can my employer sponsor me for an H-1B visa if I have DACA?

• An employer can file an H-1B petition but DACA recipients are often not eligible to change to H-1B status in the U.S. due to their unlawful entry.

• Can advance parole help DACA recipients adjust to H-1B status?

• Yes, if a DACA recipient travels on advance parole and re-enters legally they may be eligible to adjust to H-1B status if sponsored by an employer.

• Does having DACA status affect my H-1B approval chances?

• DACA itself doesn’t affect H-1B approval but lack of lawful status may pose challenges for adjustment of status in the U.S.

• Should DACA recipients pursue H-1B sponsorship?

• It depends on individual circumstances. Consult an attorney to evaluate eligibility and risks before applying for H-1B.

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l

DACA and Adjustment of Status (Green Card Pathways)

• Can DACA recipients adjust their status to become green card holders?

• Some DACA recipients can adjust status through family petitions, marriage to a U.S. citizen or employment-based sponsorship if they meet the requirements.

• How does advance parole affect adjustment of status?

• If a DACA recipient travels on advance parole and re-enters legally they may be eligible to adjust status without leaving the U.S.

• Can I adjust status if I am married to a U.S. citizen?

• Yes, if a DACA recipient is married to a U.S. citizen and meets the requirements they may adjust status after re-entering the U.S. on advance parole.

• Is consular processing required for DACA recipients?

• Those who entered the U.S. unlawfully may need to leave for consular processing but advance parole can sometimes waive this requirement.

• What other family-based options are available for DACA recipients to adjust status?

• Immediate family members, such as U.S. citizen parents or spouses, can file family-based petitions that may allow for adjustment of status if the requirements are met.

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Employment and Work Authorization

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• Do I need to renew my work permits?

• Yes, work permits (EADs) under DACA are 2 year permits and must be renewed with each DACA renewal.

• Can DACA recipients get professional licenses?

• Licensing requirements vary by state but many states allow DACA recipients to get professional licenses in fields like healthcare, law and education.

• Can DACA recipients work for federal agencies?

• Generally no, but can work in certain positions with private federal contractors.

• Are there any job restrictions for DACA recipients?

• DACA recipients can work in most private sector jobs as long as they have valid work authorization.

• Can DACA recipients get unemployment benefits?

• Eligibility varies by state but DACA recipients with valid work permits may be eligible in some states if they meet the requirements.

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Educational Opportunities

• Can DACA recipients get federal financial aid?

• No, DACA recipients are not eligible for federal financial aid but may be eligible for state-based aid in some states.

• Can DACA recipients go to college or university?

• Yes, DACA recipients can go to college or university, though tuition varies by state, with some states offering in-state tuition to DACA recipients.

• Are there scholarships for DACA recipients?

• Many private scholarships are available to DACA recipients, public scholarships vary.

• Does DACA status affect internships or externships?

• DACA recipients with work authorization can participate in paid internships, but unpaid internships may have restrictions in some fields.

• Can I apply for study abroad programs?

• Yes, with advance parole approval DACA recipients can study abroad but must have a clear re-entry plan.

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Family Sponsorships and DACA

• Can U.S. citizen family members sponsor DACA recipients?

• Yes, U.S. citizens can file family-based petitions but DACA recipients may have issues adjusting status if they entered unlawfully.

• Can parents of DACA recipients apply for DACA?

• No, DACA is only for individuals who entered the U.S. as children and does not apply to parents.

• Can children of DACA recipients apply for DACA?

• No, DACA eligibility is based on strict requirements including entry dates. New applications are not being accepted.

• Can DACA recipients file petitions for family members?

• DACA recipients cannot sponsor family members for visas or green cards as they are not lawful permanent residents or U.S. citizens.

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DACA Renewal Process

1. How early should I apply to renew DACA?

• USCIS recommends applying 120 to 150 days before your current DACA expires.

2. Can I renew DACA if I am out of the country?

• It’s recommended to renew DACA while in the U.S. and DACA recipients should return to the U.S. before their DACA expires if they’re abroad.

3. What happens if I don’t renew before my DACA expires?

• If your DACA expires you will lose work authorization and protection from deportation until it’s renewed. Renew early to avoid gaps.

4. Can I apply for DACA renewal if I have new criminal charges?

• Consult an attorney, criminal charges may impact your eligibility for DACA renewal.

5. Is there a grace period for DACA renewal?

• No formal grace period but USCIS may accept applications submitted slightly after expiration in some cases.

6. What documents do I need to renew DACA?

• Form I-821D, Form I-765, Form I-765 Worksheet and supporting documents, including a copy of your current EAD.

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DACA in the Courts

• What’s the current status of DACA?

As of 2023, a district court in Texas again ruled that DACA was implemented unlawfully. New applications are not being processed but current DACA recipients can renew. First-time DACA applications are not being processed including those whose DACA has lapsed over a year. A 2024 hearing was held in October 2024 at the Fifth Circuit Court of Appeals to review the case.

How does this affect current DACA recipients?

Current DACA holders can renew their DACA and work permits. First-time applicants and those whose DACA has lapsed over a year ago are not eligible. Advance parole is available but no new initial DACA applications will be processed unless court decisions change.

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What is the Batalla Vidal case and how does it affect DACA applicants?

The Batalla Vidal case sought to provide relief to approximately 100,000 individuals whose DACA applications have been stuck due to conflicting court orders. On August 3, 2022 the New York court denied the request for relief so these applications are pending with no immediate resolution.

Does the Batalla Vidal decision change anything for current DACA recipients?

No, it doesn’t change the status quo for current DACA recipients. DACA holders can renew but no relief was granted to first-time applicants or those whose DACA has lapsed over a year ago.

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Should I submit my first time DACA application if I’m eligible?
A: This is a personal decision best made with an immigration attorney. USCIS will accept the application and payment but will not process or approve any first-time applications under current rules.

I already submitted my first time application?
If you’ve submitted a first-time DACA application it’s on hold. USCIS will keep your payment and send a receipt notice but the application will not move forward at this time

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Conclusion: DACA’s Future is Uncertain

DACA’s future is more uncertain than ever. As the Fifth Circuit Court of Appeals hears the case, a final decision from the Supreme Court could end the program for good, with huge implications for over 500,000 recipients, their families and communities. The Biden administration’s recent actions give temporary relief but no legislative solution leaves DACA recipients in limbo.

For over a decade, DACA has kept families together, supported the U.S. workforce and allowed young immigrants to build their lives in the only country they know as home. As the courts decide the program’s fate, the need for Congress to pass a permanent fix grows. Protecting Dreamers and a pathway to citizenship is crucial for the stability and prosperity of American communities and the economy.

Judge Hanen’s ruling against DACA makes clear the ongoing legal and political fight around the program and the need for legislative reform. As the Biden administration appeals, DACA’s future is uncertain and we’re looking to Congress and the Supreme Court for a solution. In the meantime, Dreamers and their allies will keep pushing for a safe and permanent path to citizenship.

We’ll see if the Court of Appeals or Supreme Court decides DACA’s fate but legislative reform is still needed.

S will accept the application and payment but will not process or approve any first-time applications under current rules.

I already submitted my first time application?
If you’ve submitted a first-time DACA application it’s on hold. USCIS will keep your payment and send a receipt notice but the application will not move forward at t

Concluscion

DACA’s future is more uncertain than ever. As the Fifth Circuit Court of Appeals hears the case, a final decision from the Supreme Court could end the program for good, with huge implications for over 500,000 recipients, their families and communities. The Biden administration’s recent actions give temporary relief but no legislative solution leaves DACA recipients in limbo.

For over a decade, DACA has kept families together, supported the U.S. workforce and allowed young immigrants to build their lives in the only country they know as home. As the courts decide the program’s fate, the need for Congress to pass a permanent fix grows. Protecting Dreamers and a pathway to citizenship is crucial for the stability and prosperity of American communities and the economy.

Judge Hanen’s ruling against DACA makes clear the ongoing legal and political fight around the program and the need for legislative reform. As the Biden administration appeals, DACA’s future is uncertain and we’re looking to Congress and the Supreme Court for a solution. In the meantime, Dreamers and their allies will keep pushing for a safe and permanent path to citizenship.

We’ll see if the Court of Appeals or Supreme Court decides DACA’s fate but legislative reform is still needed.

 

J-1 Skills List Update 2024

Big Policy Change Retroactively Eliminates 2 Year Home Residency Requirement for 35 Countries Including India, China and Brazil

The State Department has updated the Exchange Visitor Skills List effective December 9, 2024 and retroactively eliminated the 2-year home residencyrequirement for J-1 visa holders from 35 more countries.

These are the first changes to the Skills List since 2009 and will simplify immigration pathways for professionals and keep top international talent in the U.S.

This 2024 Skills List will be used by consular officers to determine the 2 year home country physical presence requirement in section 212(e) of the INA when issuing J exchange visitor visas.

This means that citizens of these countries who have already participated in US exchange programs will no longer be subject to the 2 year rule based on the Skills List.

These are in the Federal Register and have retroactive effect so many foreign nationals will be able to advance their careers or remain with loved ones in the US.

What’s the Big Deal

The Skills List has changed to reflect US immigration policy shifting with the global economy. By removing barriers for high skill professionals the US can attract and retain global talent and stay competitive in key industries.

• For Individuals: Easier access to career opportunities and long term residency pathways.
• For Employers: More flexibility in hiring and retaining international talent.

Let’s first understand the J-1 visa and the 2 Year Residency Rule.

J-1 Visa

TheJ-1 Exchange Visitor Program allows foreign nationals to come to the US for educational, cultural and professional exchange opportunities. These exchange visitor programs are designed for foreign nationals to engage in various professional and cultural activities in the United States. Common categories of J-1 visas include:

• Interns and Trainees
• Visiting Professors and Scholars
• Au Pairs
• Summer Work and Travel Participants

The 2 Year Rule

Some J-1 visa holders are required to go back to their home country (or country of last residence) for at least 2 years after completing their program. During this time they are not allowed to:

• Apply for an H, L or K visa or an immigrant visa (Green Card).
• Change to another nonimmigrant status while in the US.
• Adjust status to lawful permanent resident in the US.

When Does the 2 Year Rule Apply?

A J-1 visa holder is subject to the 2 year ruleif they:

1. Graduate Medical Training

• If they use a J-1 visa to participate in graduate medical training (e.g. residency or fellowship) in the US.

2. Government Funding

• If the individual’s exchange program is funded, fully or partially, by the US government, their home country’s government or an international organization. Examples include:
• Fulbright fellowships.
• Funding from US agencies like the National Institutes of Health (NIH) or National Science Foundation (NSF).

3. Skills List Designation

• If the individual’s field of study or research is on their home country’s Skills List. Updates to the Skills List can impact the two-year home residence requirement for J nonimmigrant exchange visitors, potentially allowing them to seek other visa options and remain in the U.S. long-term, particularly in academic and research settings.
• The Skills List identifies specific fields that are critical to their country’s development and encourages professionals in those fields to return and apply their skills.

What is the Exchange Visitor Skills List?

The Exchange Visitor Skills List is a list of countries and fields of expertise that are critical to a country’s development. The implications of J status for nonimmigrant exchange visitors in relation to the Skills List are significant, particularly concerning the two-year home residence requirement. Individuals from countries on this list who participated in J-1 exchange programs were required to:

• Go back to their home country for 2 years after completing their program (2 Year Residency Requirement)
• Meet this requirement (or get a waiver) before applying for US immigration benefits such as:
• Permanent residency (Green Card).
• Certain visa categories, H-1B (specialty occupation) or L-1 (intra-company transfer), K-1 fiancee

This requirement is to ensure that participating countries benefit from the expertise their citizens gain while in the US.

The latest update removed the 2 year residency requirement for 34 countries, leaving 27 countries still subject to the rule.

Why is the Skills List important?

The Skills List serves two purposes:

Global Development:

• By requiring exchange visitors to go back to their home countries, it ensures countries benefit from their citizens’ expertise.

U.S. Diplomacy:

• Exchange programs promote mutual understanding and cooperation between the US and other countries.

How to use the Exchange Visitor Skills List

Step 1: Is Your Country on the Skills List?

1. Find Your Country:

• Go to the Skills List by Country page to see if your country is on the list.
• Check the country on your Form DS-2019.
• Changes to the Skills List can affect the two-year home residence requirement for nonimmigrant exchange visitors, allowing those from countries removed from the list to more easily participate in the J-1 program.

1. If You Were a Permanent Resident Elsewhere:

• If you were a permanent resident in a country other than your nationality when you entered the US, use the Skills List for that country (as stated on your Form DS-2019).
• Outcome:
• Yes, My Country Is on the Skills List: Go to Step 2.
• No, My Country Is Not on the Skills List:
• You are not subject to the 2 year requirement based on the Skills List.
• But you may still need to meet the requirement if your program was:
• Funded by the US or your home country.
• Involved graduate medical education or training.

Step 2: Is Your Field of Study Included?

1. Find Your Field:

• Check your country’s Skills List to see if your field of study is listed.

2. Broad Subject Areas:

• If your field isn’t listed, look for broader subject areas (e.g., “engineering”, “healthcare”). Fields not listed directly often fall under larger categories in the Master Skills List.
• Outcome:
  • Yes, My Field is on the Skills List: You must meet the 2 year home-country physical presence requirement.
  • No, My Field is Not on the Skills List: You are not subject to the 2 year requirement based on the Skills List. But government funding or medical training may still require this.

Background

The Skills List is in line with US foreign policy goals as stated in:

• The Fulbright-Hays Act (1961):
  • To promote international cultural and educational exchange.
• The United States Information and Educational Exchange Act of 1948:
  • To encourage mutual understanding and peaceful relations among nations.

History of the Skills List

• 2024 Exchange Visitor Skills List – Federal Register Notice
• 2009 Exchange Visitor Skills List – Federal Register Notice
• 1997 Exchange Visitor Skills List  (PDF – 379 KB)
• 1984 Exchange Visitor Skills List  (PDF – 305 KB)
• 1972 Exchange Visitor Skills List  (PDF – 181

Updates to the Skills List can significantly impact J-1 visa holders, especially when considering the previously published skills list and its effect on the two-year home residence requirement.

The State Department will review and update the Skills List every 3 years from now on.

Administrative Notes

Exempt from Public Comment

The revised Skills List is exempt from public notice and comment under the APA because it is a foreign affairs function. Public input could:

• Complicate Diplomacy:
• Public disputes over the designations could harm US relations with the countries involved.
• Delay Implementation:
• Foreign policy decisions are sensitive and require quick action.

Why Was the Skills List Updated?

This is the first major update to the Skills List in 15 years. The State Department re-evaluated the criteria to reflect global changes in economic, educational and technological development.

Reasons for Removal

Economic Growth:

• Countries with higher per capita GDP are considered to have fewer skill shortages.
• Example: China and India have been removed because of the growth of their economies and education systems.

Country Size:

• Larger countries with more resources are assumed to be able to develop their own skilled workforce.

Migration Trends:

• Countries with significant outbound migration are still included to avoid the “brain drain”.

Progress in Key Sectors:

• Countries with progress in healthcare, education, technology and infrastructure no longer need external expertise in certain fields.
• Example: The Philippines is still on the list because of ongoing needs in specific fields, despite some economic growth.

How does the Department decide which countries are on the list?

The Department uses objective, data-driven criteria to evaluate a country’s development and workforce needs:

A. Low-Income Countries

• Definition: Countries with a per capita GDP below $7,500 (2023 dollars, PPP).
• Reason: These countries often lack the financial and institutional resources to develop a highly skilled workforce, so external expertise is needed.

B. Middle-Income Countries

• Definition: Countries with a per capita GDP between $7,500 and $15,000.
• Additional Factors:

1. Small Population or Size: Smaller countries may not have enough educational or professional opportunities.
2. Migration Trends: Countries with significant emigration lose skilled talent and have gaps in fields like healthcare or technology.

C. Migration Challenges (Brain Drain)

• Countries that have lost the most talent over the past 10 years are prioritized.
• Example: Countries with high emigration of medical professionals need those skills to support their healthcare systems.

Why these criteria matter

These thresholds reflect global development goals. They take into account:

• Standard of Living: Countries with lower GDP per capita need skilled professionals to improve economic and social progress.
• Human Capital Development: The Skills List keeps expertise in areas where it matters most.

2024 J-1 Skills List Highlights

1. Countries Removed from the Skills List

35 countries were removed in total, reducing the number of J-1 visa holders subject to the 2-year residency requirement

India, Brazil and China were removed from the Skills List and they send the most J-1 exchange visitors to the US.

Countries removed from the Skills List:

· Albania

· Algeria

· Argentina

· Armenia

· Bangladesh

· Bolivia

· Brazil

· Chile

· China

· Colombia

· Costa Rica

· Dominican Republic

· Gabon

· Georgia

· Guyana

· India

· Indonesia

· Kazakhstan

· Laos

· Malaysia

· Mauritius

· Namibia

· Oman

· Paraguay

· Peru

· Romania

· Saudi Arabia

· South Africa

· South Korea

· Sri Lanka

· Thailand

· Trinidad and Tobago

· Turkey

· United Arab Emirates

· Uruguay

2. Countries still on the Skills List

45 countries remain on the list. Here they are:

Belize

Benin

Burkina Faso

Burma (Myanmar)

Cambodia

Cameroon

Cape Verde

Congo, Dem. Rep.

Djibouti

Ecuador

El Salvador

Eritrea

Eswatini

Ethiopia

Fiji

Gambia, The

Ghana

Guatemala

Haiti

Honduras

Jamaica

Kenya

Kosovo

Lebanon

Liberia

Malawi

Mali

Mauritania

Mozambique

Nepal

Nicaragua

Niger

Nigeria

Palestinian Authority (West Bank and Gaza)

Philippines, The

Rwanda

Senegal

Tajikistan

Tanzania

Timor-Leste

Togo

Tonga

Venezuela, RB

Yemen, Rep.

Zambia

This list is based on the countries designated as needing specialized knowledge or skills for their development by the U.S. Department of State. Nationals of these countries participating in the J-1 Exchange Visitor Program in the designated fields are subject to the 2-year home-country physical presence requirement.

3. Retroactive

The changes apply to current and former J-1 visa holders.

• If your country is no longer on the list, the 2-year residency requirement no longer applies to you even if it did at the time of your admission.
• Former J-1 participants who were subject to the rule based on the 2009 Skills List can now benefit from the retroactive removal of their country.

4. Unchanged Requirements for Other Reasons

The Skills List update does not affect J-1 visa holders subject to the 2-year requirement for:

1. Funding from U.S. or home country governments: For example, Fulbright or government-funded programs.
2. Graduate medical education or training: For example, ECFMG-sponsored programs.

Even if a country is no longer on the list, the 2-year requirement may still apply for the above reasons. Additionally, the requirement may still apply if an individual has received graduate medical education in the United States.

5. No Skills Changes

The countries changed, but the fields of expertise didn’t.

6. Easier Career Advancement

• Researchers and trainees can stay in the U.S. and continue their careers uninterrupted.
• J-1 holders from historically oversubscribed countries like India and China can now compete more easily for H-1B visas.

7. No Waiver Needed:

Previously, these individuals would have had to apply for a J-1 waiver to waive the home residency requirement. This process is long and painful, and is no longer necessary for those from the removed countries.

8. For Researchers and Scholars:

• J-1 is commonly used by postdoctoral researchers in U.S. universities and research institutions.
• Many institutions rely on international talent, with over 50% of postdoc positions filled by foreign nationals.
• By removing the Skills List for many countries, international researchers can more easily transition to long-term opportunities in the U.S. and contribute to science, technology and education.

What Should J-1 Visa Holders Do?

The new Skills List brings big benefits to J-1 participants from removed countries. Here’s what you should do.

1. Check Your Country on the 2024 Skills List

• See if your country is on the list.
• If not, the Skills List no longer applies to you.

2. Other Factors That May Apply

• Are you subject to the 2-year rule for:
  • Government funding: Programs funded by the U.S. or your home country.
  • Graduate medical education/training: Sponsored by organizations like ECFMG.

3. Advisory Opinion:

If unsure, you can request an Advisory Opinion from the Waiver Review Division. This will determine if the 2-year foreign residence requirement applies to your case. See travel.state.gov for more information

3. Stay in the U.S.

Foreign nationals no longer subject to the 2-year rule can:

• Change Status: Switch from J-1 to another nonimmigrant status (H-1B or L-1) without leaving the U.S.
• Apply for a Green Card: Seek permanent residency (family or work) without fulfilling or waiving the 2-year requirement.

Who is affected by the 2024 Skills List?

1. J-1 Holders Admitted or Acquiring Status On or After December 9, 2024

• If your country is on the 2024 Skills List:
• You are subject to the 2-year home residency requirement.
• If your country is not on the 2024 Skills List:
• You are exempt from the Skills List.

2. J-1 Holders Admitted or Acquiring Status Before December 9, 2024

• If your country was on a previous Skills List but is no longer on the 2024 Skills List:
• You are no longer subject to the 2-year requirement.
• Example: If you entered the U.S. in 2020 and your country is no longer on the list, the rule does not apply retroactively to you.
• For such applicant whose country has changed status on the Skills List, the procedures for evaluating applications will consider whether they are still subject to the two-year requirement based on previous listings or other factors.

3. Pending Waiver Applications

• Those with pending waiver applications where the country was on the 2009 Skills List but is now removed in the 2024 update:
• The Department will review your application to see if the requirement applies for other reasons (e.g. funding or medical training).
• If not, they will let you know.

Who is Not Affected by the 2024 Skills List?

The 2024 Skills List does not apply to J-1 exchange visitors subject to the 2-year rule for other reasons:

1. Government or International Funding

• If your program was funded by the U.S. government, your home government or an international organization (e.g. Fulbright programs).

2. Graduate Medical Training in the U.S.

• If you were sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG) for medical training.

If either of these apply to you, the 2-year rule still applies and you must fulfill the requirement or apply for a waiver.

If Your Country is Still on the List:

• You may still be subject to the 2-year home residency requirement.
• But you can apply for a J-1 waiver under these circumstances:
  • Government sponsorship waiver: A U.S. government agency needs you for a critical project.
  • Hardship waiver: Returning to your home country would cause undue hardship to a U.S. citizen spouse or child.
  • Persecution waiver: Returning would pose a significant risk to your safety.
  • No Objection Waiver: If your country issues a “No Objection Letter” stating it has no objection to you not fulfilling the 2 year residency requirement (not available to Foreign Medical Graduate J-1s).

See J-1 Waiver Division for more information.

Impact on Employers & U.S.

1. Fewer Barriers to Hiring  Global Talent

• Employers in STEM, healthcare and education can hire skilled workers and fill gaps in the workforce without the 2-year rule headaches.
• Companies can sponsor H-1B or Green Cards for eligible candidates more easily.

2. More Recruitment Opportunities

• Removal of residency restrictions allows international researchers and scientists to accept J-1 positions knowing they can stay in the U.S. longer.

3. J-1 for Start-Ups and Smaller Entities

• J-1 for Start-Ups and Smaller Entities

4.Innovation:

• Highly skilled workers, especially researchers and scientists, can stay in the U.S. and contribute to science, technology, healthcare and education.

5.Competitiveness:

1. By removing the obstacles, U.S. employers can attract and retain the best and brightest and keep the U.S. at the top of the innovation heap.
2. Attract More Researchers/Scholars. This makes the U.S. an even more attractive destination for international scholars and researchers.

How About Institutions?

• International offices at universities and research institutions should review the 2024 Skills List to advise students, researchers and scholars transitioning to other immigration statuses.

What’s Ahead for the J-1 Skills List?

The 2024 list is the first update in 15 years. The State Department plans to review the list every 3 years going forward to keep it current and aligned with U.S. foreign policy.

Two-Year Home-Country Physical Presence Waiver

If you are subject to the requirement but can’t fulfill it, you can apply for a waiver. Here are common scenarios:

1. Government Sponsorship

A U.S. government agency can request a waiver for you if your work is critical to a project.

2 Persecution

If returning to your home country would pose a significant risk to you, you may qualify for a waiver.

3. Hardship

You can apply for a waiver if returning to your home country would cause undue hardship to a U.S. citizen spouse or child.

4. No Objection Statement

Your home country can issue a letter stating it has no objection to you not fulfilling the 2 year requirement.

FAQS: 2024 J-1 Skills List & 212(e)

What is the 2-Year Home Residency Requirement?

This rule requires J-1 visa holders to be physically present in their home country for at least 2 years after completing their program before they can apply for certain U.S. immigration benefits.

Does this affect all J-1 Visa holders?

No. Only the Skills List. Government funding and medical training still trigger the requirement.

What should I do if I am impacted?

• Check the updated Skills List to see if your country is on it.
• Work with your employer or immigration attorney to figure out how this affects you.

Does this apply retroactively?

Yes. If your country is no longer on the Skills List, the rule no longer applies to you even if you were subject to it under the 2009 list.

Can I apply for a waiver if I’m still subject to the rule?

Yes, waivers are available for those subject to the 2-year rule due to funding or medical training. See Waiver Review Division.

What if my country is not on the Skills List?

• You are exempt from the 2-year requirement based on the Skills List.
• But funding from the U.S. government or graduate medical training may still trigger the requirement.

Can I work in the U.S. after my program?

• If subject to the 2-year rule, you cannot:
• Change to certain visa categories (e.g., H-1B, L-1).
• Apply for permanent residency (Green Card).

General

What is the J-1 Exchange Visitor Skills List?

The Skills List is a document maintained by the U.S. Department of State that lists countries and fields of expertise deemed critical to those countries. If a J-1 visa holder’s country and skillset is on this list, they are subject to the 2-year home residency requirement under INA 212(e).

This is to ensure participants return to their home country to share their skills and contribute to national development.

What is the 2-year home residency requirement?

The 2-year home residency rule prohibits certain J-1 visa holders from:

• Applying for certain visas (H-1B, L, K).
• Adjusting their immigration status to permanent residency (Green Card) while in the U.S.
• Changing to another nonimmigrant visa category in the U.S.

To get around this rule, affected individuals must either fulfill the 2-year stay in their home country or get a waiver.

Why is the 2024 Skills List update important?

The 2024 Skills List is a big change as 35 countries, including big ones like India, China and South Korea, were removed from the list. This means the home residency requirement no longer applies to those affected by the Skills List and applies retroactively to current and former J-1 visa holders.

Countries and Skills

Which countries were removed from the Skills List?

Albania

· Algeria

· Argentina

· Armenia

· Bangladesh

· Bolivia

· Brazil

· Chile

· China

· Colombia

· Costa Rica

· Dominican Republic

· Gabon

· Georgia

· Guyana

· India

· Indonesia

· Kazakhstan

· Laos

· Malaysia

· Mauritius

· Namibia

· Oman

· Paraguay

· Peru

· Romania

· Saudi Arabia

· South Africa

· South Korea

· Sri Lanka

· Thailand

· Trinidad and Tobago

· Turkey

· United Arab Emirates

· Uruguay

Which countries are still on the Skills List?

The updated list has 45 countries. Some countries still listed are:

• Philippines.
• Kenya.
• Bangladesh.

Were the skills updated for countries still on the Skills List?

No. The 2024 Skills List does not revise the fields of expertise. For countries still listed, the skills are the same as those in the 2009 Skills List.

Where can I get the full list of countries and skills?

The full list is available through the U.S. Department of State or through institutional international offices. You may also consult with immigration attorneys for more information.

Retroactive

Does the 2024 Skills List apply retroactively?

Yes. The update applies to all J-1 visa holders, including those who were J-1 under the 2009 Skills List. If your country was removed from the list, you are no longer subject to the 2-year home residency requirement.

I’ve already fulfilled part of the 2-year requirement?

The retroactive nature of this update does not undo time already served. However, if you have time left to serve but your country was removed, you no longer have to serve the 2 years.

What about pending waiver applications?

If you applied for a waiver based on the Skills List and your country was removed, you no longer need to apply for a waiver. Contact the Waiver Review Division to confirm your eligibility.

Does this affect those who have already returned to their home country?

No. This update does not apply to those who have already served their 2-year requirement. But those who want to re-enter the U.S. may have more immigration options.

Eligibility and Immigration Options

How does this benefit J-1 visa holders from removed countries?

If your country was removed from the Skills List, you can:

• Change Status: Switch from J-1 to another visa type (e.g. H-1B, L-1) in the U.S.
• Apply for Permanent Residency: Get a Green Card without serving the 2-year requirement.
• Apply for New Visas: Get work-related visas like H-1B or L without a waiver.

What if my country is still on the list?

If your country is still on the list, the 2-year home residency requirement still applies unless waived for other reasons.

Does this apply to J-2 dependents?

Yes. If the J-1 is no longer subject to the 2-year requirement, their J-2 dependents are also no longer subject to the requirement.

Waivers

What waiver options if I’m still subject to the 2-year requirement?

1. No Objection Statement: A statement from your home government saying they have no objection to waiving the requirement.
2. Exceptional Hardship: Showing significant hardship to a U.S. citizen spouse or child if you return to your home country.
3. Persecution: Showing you would be in danger if you return to your home country.
4. Government Request: If a U.S. government agency wants you to stay in the U.S.

Can I apply for a waiver now if my country is still on the list?

Yes. Waivers are still available for those whose countries are still listed or for those subject due to government funding or medical training.

Impact on Employers and Institutions

How does this benefit U.S. employers?

Employers get access to a bigger pool of international talent, especially in STEM, healthcare and education. This makes it easier to sponsor foreign workers for long-term visas or Green Cards.

Can employers sponsor J-1 visa holders for H-1B visas now without delays?

Yes. Employers can transition J-1 visa holders from removed countries to H-1B visas without the 2-year delay.

What should employers do with current J-1 employees?

• Check the updated Skills List to see who is no longer subject to the 2-year requirement.
• Consult with immigration experts to help transition eligible employees to permanent residency or other visa types.

Policy and Future Updates

Why was the list updated?

The State Department updated the list to reflect global economic and migration trends. It aims to:

• Support countries with lower levels of development.
• Address “brain drain” in countries with high outflow.
• Focus resources on countries that need skilled workers the most.

Will the list be updated again?

Yes. The State Department will review the list every 3 years to keep it current and relevant.

Will future administrations change this?

Policy can always change. Visa holders and employers should act now to take advantage of the current rules.

Miscellaneous

Does this affect other J visa categories?

This only affects the Skills List and the 2-year requirement for J-1 visa holders. Other J visa program requirements remain the same.

How do I check my current status?

Consult with:

• Your institution’s international office.
• A qualified immigration attorney.
• The U.S. Department of State’s Exchange Visitor Program website for official information.

What if I have more questions?

• Check your country on the updated Skills List.
• See if you’re subject to the 2-year requirement for other reasons.
• Contact the Waiver Review Division or an immigration expert.

Need More Information or Help?

Contact an Immigration Expert

The 2024 Skills List is a game changer in U.S. immigration policy. Many J-1 visa holders are now free and new opportunities are opening up. For researchers, scientists and academic institutions, this is a big barrier remover.

If you are impacted or need help, consult an immigration attorney to discuss your options and U.S. immigration regulations.

If you have questions about the 2024 Skills List and your J-1 or need J-1 waiver help, contact an immigration attorney. Immigration Attorneys like those at the Herman Legal Group, serve:

• Institutions.
• Individuals.
• Postdocs, researchers, scientists.

10 Steps To Undertake After Your I-130 Petition Is Approved

A Step by Step Guide

Getting an approved Form I-130, Petition for Alien Relative, is a big deal when it comes to reuniting with your loved ones in the US. But it’s just the beginning of a long process. This guide will walk you through what to do after I-130 is approved, what documents you need and other things to consider to make the process smooth.

What is Form I-130?

First let’s talk about Form I-130. Form I-130, Petition for Alien Relative is used by US citizens or lawful permanent residents (LPRs) to establish a qualifying relationship with a family member who wants to immigrate to the US. Only individuals with United States citizenship or lawful permanent residents can file this form on behalf of their relatives.

Filing the I-130 with U.S. Citizenship and Immigration Service (USCIS) is the first step towards getting a green card (lawful permanent residence).

Who Can I Sponsor with Form I-130?

US Citizens and US Permanent Residents can sponsor certain relatives, divided into two categories: Immediate Relatives and Family Preference.

Immediate Relatives

No wait times for this category which includes:

• Spouse of a US citizen (IR1).
• Parents of US citizens (IR5) (petitioner must be 21 or older).Unmarried children under 21 of a US citizen (IR2).
• Orphans adopted abroad (IR3) or in the US (IR4) by US citizens.

Family Preference Categories

These categories are subject to annual limits and have to wait for a visa number (which can take years)

• F1: Unmarried adult sons/daughters (21 or older) of US citizens.
• F2A: Spouses and unmarried children (under 21) of lawful permanent residents (LPRs).
• F2B: Unmarried adult sons/daughters of LPRs.
• F3: Married sons/daughters of US citizens.
• F4: Siblings of US citizens (petitioner must be 21 or older

How long does it take for I-130 approval by USCIS?

Factors to Consider:

1. Immigration Category: Immediate Relative vs. Family Preference.
2. Beneficiary’s location: Inside or outside the US.
3. USCIS Processing Center: Processing times vary by location.

Approximate Processing Times:

Processing times can range from 5 months to several years depending on the category and USCIS center. For the most up to date information, check the USCIS Case Processing Times tool.

How do I know if my I-130 was approved?

How to confirm I-130 approval:

1. Online:

• Use the USCIS Case Status Tool.
• Enter your receipt number (located on your Form I-797 receipt notice).
• Click “Check Status” for updates on your petition.

2. Call USCIS:

• Call theUSCIS Customer Servicenat 1-800-375-5283.
• Provide the necessary information (e.g., receipt number, petitioner’s details).

3. Wait for Official Notice:

USCIS will send you Form I-797, Notice of Action, approving your petition. Keep this document as it has important information such as your case number and next steps.

If you haven’t received it but see “approved” online, call USCIS to request a copy.

What does I-130 approval mean?

Key Points:

1. I-130 approval only confirms the relationship but does not grant a green card or visa.
2. You need to determine if the next steps can be taken immediately or if you need to wait for your priority date to become current.
3. Approval does not allow the beneficiary to stay in the US legally without proper status.

What’s Next?

After I-130 approval, the next steps depend on:

• Beneficiary’s location: Inside the US (Adjustment of Status) or outside the US (Consular Processing). Immigration services play a crucial role in guiding applicants through these processes.
• Immigration Category: Immediate Relatives can proceed immediately while Family Preference beneficiaries have to wait.

Immediate Relatives: Next Steps (Visa Number Always Available)

Some family members of US citizens can proceed immediately after Form I-130 approval:

• Spouses
• Unmarried children under 21
• Parents

No visa limits; go to next step.

Options:

• Adjustment of Status (AOS): If the beneficiary is in the US.
• Consular Processing: If the beneficiary is outside the US.

Family Preference Category Priority Date Waiting Period

For other relatives, such as siblings or married children, there is a waiting period — which can be many years. This depends on the family preference category and the Visa Bulletin.

Categories that require a current priority date:

• Spouses and unmarried children under 21 of permanent residents (F2A).
• Unmarried children over 21 of permanent residents (F2B).
• Married children of US citizens (F3).
• Siblings of US citizens (F4).

If your priority date is not current, you must wait before you can proceed to the next step.

Visa Bulletin and Priority Dates

What is the Visa Bulletin:

• The Visa Bulletin tracks the availability of immigrant visas for Family Preference categories.
• Check your priority date (the date the I-130 was filed) against the “Final Action Dates” chart in the Visa Bulletin.

How to Check Visa Availability:

• Visit theVisa Bulletin.
• Go to the Final Action Dates for Family-Sponsored Preference Cases table.
• Check your priority date (on your I-130 approval notice) against the dates for your category and country of origin.

If current, go to next step. If not, wait.

Adjustment of Status or Consular Processing

If the beneficiary is an immediate relative (spouse, parent or unmarried child under 21 of a US citizen) or the beneficiary’s priority date is current according to the Visa Bulletin, then you can go to next step.

Adjustment of Status (AOS):

AOS is available for beneficiaries who are physically present in the US and meet the following:

1. Lawful Entry: Beneficiary entered the US with inspection and was either admitted or paroled.
2. Current Visa Number: Immediate relatives don’t need to wait, but family preference beneficiaries must have a current priority date.
3. Nonimmigrant Compliance: The beneficiary must not have violated their visa terms, such as unauthorized employment (with some exceptions for immediate relatives).

Consular Processing (Outside the US):

For beneficiaries outside the US, Consular Processing involves applying for an immigrant visa at a US embassy or consulate. This path also applies to beneficiaries in the US who are not eligible for AOS.

Steps for Consular Processing

Step 1: NVC Processing

After USCIS approves the petition, the case is sent to the National Visa Center (NVC) for processing (if the beneficiary is abroad).

• NVC Responsibilities:
• Process the case for immigrant visa.
• Collect fees, supporting documents and visa application forms.

Step 2: Get NVC Case Number and Welcome Letter

• What happens:
• NVC assigns a case number and sends a welcome letter with instructions.
• Letter includes login details for the Consular Electronic Application Center (CEAC).

Step 3: Pay Fees

You must pay:

1. Immigration visa application fee, which is one of the financial obligations that must be fulfilled during consular processing.
2. Affidavit of Support Fee (Form I-864).

Fees are paid through the CEAC website.

Step 4: Submit Forms and Supporting Documents

DS-260 (Immigrant Visa Application):

• Fill out the DS-260 formonline at the CEAC portal.
• Personal details, employment history and travel history.
• Save the confirmation page for your records.

Form I-864 (Affidavit of Support):

• Form I-864 is completed by the petitioner to show financial ability to support the beneficiary.
• Include supporting documents:
• Tax returns.
• W-2s or 1099s.
• Proof of employment.

Civil Documents:

Upload or mail required civil documents, such as:

• Birth certificates.
• Marriage/divorce certificates.
• Police clearance certificates.
• Military or court records (if applicable).

Step 5: Medical Examination

• Schedule an exam with an embassy approved doctor.
• Get all required vaccinations.
• Bring the medical report to your visa interview.

Step 6: Schedule and Attend the Consular Interview

Preparing for the Interview:

• Bring the following:
• NVC appointment letter.
• Passport (valid for at least 6 months).
• DS-260 Confirmation Page.
• Civil documents (originals and photocopies).
• Medical report (sealed).

What happens during the interview:

• Answer questions about your relationship with the petitioner.
• Provide additional documents if asked.

If the visa is approved, the passport will be returned with an immigrant visa stamp.

Step 7: USCIS Immigrant Fee

• Pay the USCIS Immigrant Visa Feebefore you travel to the US.

Step 8: Enter the US

• Use the immigrant visa to enter the US.
• Upon entry, you will be a lawful permanent resident (green card holder).
• Green card will bemailed to the US addresslisted in your application.

Steps for Adjustment of Status (In the US)

Step 1: Prepare for AOS

Adjustment of Status is the process of applying for a green card while in the US.

AOS Eligibility:

• Physical presence in the US.
• Lawful entry (inspected and admitted or paroled).
• No significant immigration violations (overstay or unauthorized work may disqualify some applicants).

Avoid the 90-Day Rule

If you entered the US on a “single intent” visa (e.g., B-2, F-1), do not file Form I-485 within 90 days of your last entry or you may be suspected of misrepresentation.

Documents for Adjustment of Status

If the beneficiary is in the US and eligible for Adjustment of Status (AOS), prepare:

Forms:

• I-485: Green card application.
• I-864: Affidavit of Support.
• I-693: Medical Examination Form.
• I-765(optional): Work permit.
• I-131 (optional): Travel document.

Personal Documents:

• Passport.
• Birth certificate.
• Passport sized photos (as per USCIS specs).

Marital Documents (if applicable):

• Marriage certificate.
• Divorce or death certificates for previous spouses.

Financial Documents:

• Recent tax returns.
• Proof of employment.
• Bank statements or financial affidavits.

Criminal Records (if applicable):

• Police certificates.
• Certificates of rehabilitation.

Medical Examination (Form I-693)

All green card applicants must have a medical exam to meet health requirements.

What to do:

• Use the Find a Doctor Toolto find a USCIS approved doctor.
• Bring all vaccination records and ID.
• The doctor will do physical exams, blood tests and review vaccination history.
• You will receive a sealed I-693 to include in your application.

Step 4: Biometrics Appointment

• Attend the scheduled Biometricsappointment for fingerprints and photo.
• Reschedule if needed before the appointment.

Step 5: Respond to RFE

• If USCIS requests additional documents, submit them ASAP to avoid delays or denial.

Step 6: Interview at USCIS Field Office

• Attend if required.
• Bring original documents, interview notice and valid ID.

Step 7: Get your Green Card

• Once approved, green card will be mailed to you within a few weeks.

What if my I-130 is denied?

If USCIS denies your I-130, you can:

1. Appeal: File I-290B within 30 days of denial.

• Appeals are reviewed by the USCIS Administrative Appeals Office (AAO).

2. Judicial Review: If AAO denies your appeal, you can file in federal court.

Next Steps After Green Card

Once you get your green card you can:

• Apply for a Social Security Number.
• Apply for a driver’s license.
• Travel internationally (for short trips).

Selective Service

• Males 18-26 must register for Selective Service.

Removing Conditions on Residency

• If you get a conditional green card (2 year card) file Form I-751 to remove conditions 90 days before it expires.

Citizenship

• Spouses of U.S. citizens: 3 years.
• Others: 5 years of permanent residency.

Special Notes about I-130 and Green Cards

Special Notes for Family Preference Categories

• If the beneficiary is in a family preference category they must wait for their priority date to become current before proceeding with consular processing.

  How to Check Priority Date:

  1. Find your priority date on the I-797 approval notice.
  2. Check the Visa Bulletin published by the Department of State to see when your priority date becomes current.

Country Caps:

• Countries like India, Mexico and the Philippines may have longer wait times due to high demand and per-country caps.

Waivers for Unlawful Entry:

• If the beneficiary entered unlawfully they may need to file Form I-601A, Provisional Waiver of Unlawful Presence. Consult an immigration attorney.

Bottom Line

• Immediate Relatives (spouses, children under 21, and parents of U.S. citizens) can move forward after I-130 approval.
• Family Preference Beneficiaries must wait for visa availability which can be months or years depending on the category.
• Stay on top of things by submitting forms and documents promptly and keep in touch with the NVC.
• Make sure all steps, including the consular interview and medical exam, are done correctly to avoid delays.

FAQs Regarding What Happens After I-130 Approval

I-130 Approval General Questions

1. What does it mean when my I-130 is approved?

• Approval means USCIS has confirmed the petitioner’s relationship with the beneficiary. But it does not grant work, travel or permanent residence in the U.S. Approval is the first step in the green card process.

2. Is an approved I-130 the same as a green card?

• No. I-130 approval confirms the relationship but does not grant lawful permanent resident status or green card. More steps, such as filing I-485 (AOS) or Consular Processing, are required.

3. How will I know if my I-130 is approved?

• You will receive I-797, Notice of Action, from USCIS. You can also check your case status online using the receipt number from your I-797.

4. What happens if I do nothing after I-130 approval?

• If no further action is taken, the case will be closed. For family preference beneficiaries, the petition will stay at the NVC for some time but action is required to move forward.

5. Can I expedite I-130 approval?

• USCIS may expedite under certain circumstances such as urgent humanitarian needs, military deployment or severe medical emergencies. Evidence is required.

FAQs for Adjustment of Status (AOS) Applicants

6. What is Adjustment of Status (AOS)?

• AOS is the process of applying for a green card from within the U.S. without having to go back to your home country. It’s available to beneficiaries who meet the eligibility criteria.

7. Who is eligible for AOS after I-130 approval?

• To apply for AOS, you must:
• Be in the U.S.
• Have entered lawfully (e.g. on a visa or parole).
• Have an immediate visa number (applies to family preference beneficiaries only).
• Not have disqualifying immigration violations (some exceptions apply).

8. Can I apply for AOS on a tourist visa or ESTA?

• If you entered the U.S. on a nonimmigrant visa or under the Visa Waiver Program (ESTA), you can apply for AOS but you must prove you did not intend to adjust status at the time of entry. Filing within 90 days of entry may trigger the 90-day rule.

9. Can I apply for AOS if I overstayed my visa?

• Immediate relatives (spouse, parent or unmarried child under 21 of a U.S. citizen) can apply for AOS even if they overstayed. Family preference beneficiaries must generally maintain lawful status to be eligible.

10. What forms are required for AOS?

• Form I-485: Application to Register Permanent Residence or Adjust Status.
• Form I-864: Affidavit of Support (filed by petitioner).
• Form I-693: Medical Examination and Vaccination Record.
• Optional Forms:
• Form I-765 (Employment Authorization).
• Form I-131 (Travel Document/Advance Parole).

11. Can I work while my AOS application is pending?

• Yes, you can file for an Employment Authorization Document (EAD) with your AOS application.

12. Do I need a medical exam for AOS?

• Yes, a medical exam by a USCIS-approved doctor is required. The doctor will complete Form I-693 which must be submitted in a sealed envelope.

13. Will I have to go to an interview for AOS?

• Most AOS applicants will have to attend an interview. USCIS may waive the interview for certain categories such as parents of U.S. citizens or minor children.

14. How long does AOS take after I-130 approval?

• Timeframe varies but generally 12-18 months from filing Form I-485 to green card approval.

FAQs for Consular Processing Applicants

15. What is Consular Processing?

• Consular Processing is the process of applying for an immigrant visa at a U.S. embassy or consulate in your home country after I-130 approval.

16. What happens after USCIS approves my I-130 and sends my case to NVC?

• NVC assigns a case number and sends a Welcome Letter with instructions for the next steps, including paying fees, submitting documents and completing the visa application.

17. How do I pay NVC fees?

• Fees, including the Immigrant Visa Fee ($325) and Affidavit of Support Fee ($120) are paid through the Consular Electronic Application Center (CEAC).

18. What forms are required for Consular Processing?

• Form DS-260: Immigrant Visa Application.
• Form I-864: Affidavit of Support (filed by the petitioner).

19. What documents are required for NVC?

• Birth and marriage certificates.
• Police clearance certificates.
• Valid passport.
• Divorce or death certificates, if applicable.

20. Do I need a medical exam for Consular Processing?

• Yes, you will need to have a medical exam with a U.S. embassy-approved doctor in your home country. Results will be submitted to the embassy.

21. What happens during the consular interview?

• You will attend an interview at the U.S. embassy or consulate. Bring all required documents including the DS-260 confirmation page, medical exam results and supporting documents. The consular officer will decide whether to issue the visa.

22. How long is the immigrant visa valid?

• Typically 6 months from date of issuance. You must enter the U.S. before it expires.

23. What happens after I enter the U.S. on an immigrant visa?

• You will become a lawful permanent resident upon entry. The physical green card will be mailed to the U.S. address provided in your application.

FAQs About Priority Dates and Visa Bulletin

24. What is a priority date?

• The priority date is the date USCIS received your I-130 petition. It’s the date you are in line for visa availability under the family preference categories.

25. How do I know if my priority date is current?

• Check the Visa Bulletin published monthly by the U.S. Department of State. Compare your priority date with the dates listed under your category and country.

26. What happens if my priority date isn’t current?

• You will have to wait until your priority date becomes current to proceed with Consular Processing or Adjustment of Status.

---

General

27. Can I file I-130 and I-485 at the same time?

• Yes, concurrent filing is allowed for Immediate Relatives of U.S. citizens when a visa number is always available.

28. Can I-130 be transferred to a different USCIS office or embassy?

• Yes, under certain circumstances you can request a transfer if you or the beneficiary moves.

29. What if I change my address after I-130 approval?

• Update your address using Form AR-11 so you receive all correspondence.

30. What if my I-130 beneficiary has a criminal record?

• A criminal record may affect eligibility but waivers may be available depending on the offense. Consult an immigration attorney.

31. Can I withdraw an I-130 after approval?

• Yes, you can withdraw a petition by submitting a written request to USCIS. However, this may affect the beneficiary.

32. Can I expedite Consular Processing?

• Expedites are granted in emergency situations such as medical emergencies, humanitarian needs or military deployment.

33. Can my I-130 approval expire?

• An I-130 petition is valid indefinitely as long as the petitioner is eligible, but delays in further processing may result in the case being closed.

34. Can my I-130 be denied due to a criminal record?

A criminal record may impact approval but doesn’t automatically deny. Legal advice is necessary to address your situation.

35. How long to get a green card after I-130 approval?

• Immediate Relatives: 12-24 months, regardless if in the U.S. or abroad
• Family Preference: Varies based on visa availability, 2-20+ years.

36. How long does USICS take to adjudicate the I-130?

Varies by category and service center, few months to several years.

37. Can I visit the U.S. after I-130 approval?

Yes, if you have a U.S. visa. and CBP determines you are not an intending immigrant on that trip and otherwise eligible to enter.

38. How long to get a green card after I-130 approval?

• Immediate Relatives: Can proceed immediately if in the U.S. or abroad.
• Family Preference Categories: Varies widely, months to over 10 years based on visa availability and country limits.

39. What if my visa is denied?

• You can appeal or reapply depending on the denial reason.

Why Legal Help Matters

The immigration process is complicated. An experienced immigration attorney will make sure your case is done correctly and efficiently to minimize delays and get approved. You are invited to contact Herman Legal Group to help you along the way.

Get started today.

Media Source Immigration Expert: Event Speaker

Richard Herman: Your Go-To Immigration Expert in an Era of Uncertainty

As the 2025 political landscape shapes up under Donald Trump’s return to the presidency, anxiety is skyrocketing over his potential crackdown on immigration. From the threat of mass deportations to stringent restrictions on H-1B workers, F-1 students, TPS holders, and family-based visa applicants, America’s immigration system is bracing for seismic changes.

In this climate of fear and uncertainty, journalists, podcast hosts, and event organizers need a trusted expert to navigate these issues with clarity, insight, and passion.

Enter Richard Herman, one of the nation’s most dynamic, unique and respected voices on immigration law and policy. Richard Herman navigates the complexities of immigration politics in the current political landscape, providing essential perspectives on the intersection of cultural perceptions and policies.

Why Journalists and Media Professionals Turn to Richard Herman

Richard Herman is not just an immigration lawyer—he’s a storyteller, thought leader, and advocate who cuts through the noise to deliver facts, insight, and perspective on the most pressing immigration issues of our time. His blend of legal expertise, real-world experience, and engaging communication style makes him the perfect source for journalists and event organizers alike.

1. Expertise That’s Always Relevant

Richard specializes in dissecting hot-button topics like:

• Mass Deportations: What could happen to millions of undocumented immigrants and how this impacts communities.
• H-1B Workers: The potential rollback of visa programs that power America’s tech industry.
• Foreign Investors and Entrepreneurs (E-2, EB-5, L-1):  Will immigration restrictions reduce immigrant entrepreneurs desire to come to the U.S.?
• F-1 International Students: How restrictions could derail the future of global talent in the U.S.
• Family-Based Immigration: Delays, denials, and increased scrutiny for marriage-based green cards and fiancé visas.
• TPS Holders: What Trump’s policies could mean for over 800,000 individuals who have lived and worked legally in the U.S. for decades.
• Asylum Seekers: The humanitarian and legal challenges of those fleeing persecution.
  • Challenges within the U.S. asylum system: The significant backlog of cases and the legal requirements of asylum law, which mandate the processing of asylum claims. The surge in asylum-seekers and their dire circumstances have led to increased scrutiny and misunderstanding of the system, particularly in political discourse.
• Immigration Enforcement: The complexities and challenges faced by immigrants, influenced by various factors including climate change and credential recognition. This includes addressing common queries and challenges within the immigration process.

His ability to translate complex legal topics into digestible, compelling stories empowers audiences to understand the stakes and take action.

2. A Voice for Clarity in Chaotic Times

Richard has been featured in top-tier news organizations such as The New York Times, NPR, ABC News, and Forbes, providing clear, concise, and impactful commentary. He brings a sharp, balanced perspective that resonates with audiences, breaking down complex issues into relatable stories that matter.

3. Engaging, Thought-Provoking Speaker

For event organizers, Richard’s keynotes deliver a mix of inspiration, education, and provocation:

• Memorable Content: Richard speaks to the heart of immigration, explaining how immigrants fuel America’s economy, culture, and innovation.
• Real Stories: From immigrant entrepreneurs to families torn apart by deportation, Richard’s storytelling connects data to humanity.
  • He also discusses the impact of deportations on Latin America, highlighting the complex effects on both destination and origin countries.
• Action-Oriented: He doesn’t just inform—he motivates audiences to think critically and act decisively.

 Timely Topics for Journalists and Organizers

With Trump promising an immigration crackdown, Richard is prepared to comment on:

• What Trump’s mass deportation plan could look like: Legal realities, logistical challenges, and humanitarian crises.
• How tighter visa restrictions could impact U.S. industries: From tech startups to universities, the ripple effect of losing global talent.
• TPS terminations and their economic and human toll: The fight to protect immigrants who have lived legally in the U.S. for decades.
• Marriage-based green cards and fiancé visas under scrutiny: How Trump’s policies could increase denial rates and separate families.
• The impact of mass arrests and detentions: Examining what this means for immigrants and their U.S.-born families.

 

 

Who Is Richard Herman?

Richard Herman is not your average immigration lawyer. A former resident of Moscow, Russia, with nearly 30 years of U.S. immigration law experience, he is:

A Legal Expert: Recognized in Best Lawyers in America© and Super Lawyers© for his innovative approaches to immigration law.

An Author: Co-author of Immigrant, Inc. — a groundbreaking book on how immigrant entrepreneurs are driving the U.S. economy

A Global Advocate: Known for his work in promoting immigrant-friendly policies that revitalize cities (like his hometown of Cleveland) and foster economic growth.

A Thought Leader: Frequently featured in national media, including The New York Times, ABC News, NPR, FOX News, and Forbes.

Fresh Ideas and Original Insights on Global Migration

Richard is not just an expert in immigration law—he’s a forward-thinker who challenges conventional narratives.

1. Immigrants as Economic Engines

At a time when immigrants are often viewed in a negative light, Richard seeks to raise awareness that the foreign-born demographic is an entrepreneurial and talent-rich resource that helps make America great.

The significant number of immigrants living in the U.S., particularly those born in Mexico, has notably increased, impacting the economy through their contributions and demographic shifts.

It is no accident that forty-six percent of the Fortune 500 were founded by immigrants, or their children.

Research demonstrates that immigrants, when compared to American-born, are:

·         Twice as likely to launch a business in the U.S.;

·         Twice as likely to invent and own a U.S. patent;

·         More likely to have the international relationships and cultural skills to navigate new export markets and attract investment from abroad.

·         Richard highlights how immigrants drive innovation, revive neighborhoods, and create American jobs.

2. The Immigrant Mindset

Richard believes that immigrants have something more important to share with us than just their entrepreneurial output and innovation.

They have something to teach us.

Richard talks of immigrants as our “Dream-Keepers” — the ones that most fervently believe that the American Dream is alive and well.  Their entrepreneurial and abundance mindset can help all of us, American-born included, by inspiring all us to “Think Like an Immigrant!”

Richard’s philosophy of “Thinking Like an Immigrant” celebrates the resilience, creativity, and entrepreneurial spirit of immigrants.

He shares actionable insights from his book Immigrant, Inc. to inspire businesses, communities, and individuals.

Immigration Policy Reform Advocacy

Richard is a vocal advocate for comprehensive immigration reform, emphasizing economic development, national security, and social unity. He highlights how media framing of immigrants’ legal status influences public opinion and policy debates, noting that different portrayals by conservative and liberal outlets can significantly impact attitudes toward immigration policies and reform.

What Sets Richard Herman Apart?

1. Decades of Experience in Immigration Law

Richard has been at the forefront of immigration law for nearly 30 years. His firm, Herman Legal Group, represents a diverse clientele—from Fortune 500 companies hiring H-1B professionals to families seeking asylum and undocumented workers facing deportation. The firm also addresses the challenges faced by unauthorized immigrants, including navigating the shifting political landscape and policy responses. He is a rich resource for breaking down complex immigration issues and offering fresh perspectives on policy, law, and the immigrant experience in America.

2. A Deeply Personal Connection to Immigration

Richard’s wife, Kimberly Chen, immigrated to the U.S. from Taiwan, overcoming undocumented status to become a physician. Together, they’ve raised their children to be proud Americans and citizens of the world. This personal perspective enriches Richard’s advocacy and fuels his passion for welcoming immigrants. Additionally, the evolving status and demographics of Mexican immigrants in the U.S., who often achieve homeownership rates comparable to the state average after years of residence, further highlight the importance of supporting immigrant communities.

3. Proven Leadership and Vision

As co-author of Immigrant, Inc., Richard pioneered the conversation on how immigrants drive the U.S. economy. He has advised cities like Cleveland and Detroit on using immigration to revitalize their economies and has partnered with national organizations to advocate for pro-immigrant policies.

 4. A Track Record of Media Excellence

Richard has worked with hundreds of journalists, podcast hosts, and event organizers. He:

• Provides insightful, on-the-record quotes that spark discussion.
• Shares links to reports and data, making stories more robust and impactful.
• Simplifies complex immigration policies into clear, consumable narratives.
• Collaborates with political science experts to provide informed commentary.

5. A Masterful Public Speaker

Richard lights up events with dynamic presentations tailored to audiences ranging from corporate leaders to community activists. His signature talks, like “Immigrants Make America Stronger” and “Think Like an Immigrant,” leave audiences informed, inspired, and ready to engage. Research conducted by scholars at institutions like the University of Southern California on media framing and public opinion regarding immigration further underscores the importance of his message.

What Richard Offers to Journalists and Event Organizers

For Journalists and News Organizations

• On-Record Quotes: Clear, concise, and impactful commentary.
• Background Information: Comprehensive insights into immigration law and policy.
• Story Angles: Unique perspectives that go beyond surface-level reporting.
• Data and Reports: Links to credible sources to enhance investigative journalism.

For Podcasts and Radio Shows

• Engaging Conversations: Richard’s interviews are thought-provoking, energetic, and rich with real-world stories.
• Timely Insights: He speaks to the most pressing immigration issues of the day, offering actionable takeaways.

For Event Organizers

• Keynote Speeches: Richard is a dynamic public speaker who delivers keynote addresses that are educational, motivational, and unforgettable. memorable.
• Customized Content: He tailors presentations to your audience, whether it’s a corporate event, university lecture, or community gathering.
• Expert Panels: Richard is a natural choice for panel discussions, offering a blend of expertise, charisma, and empathy.
• Richard has delivered keynote speeches for:

Michael Bloomberg’s Partnership for a New American Economy.

Universities, Chambers of Commerce, and Nonprofits nationwide.

 

Signature Topics Include:

·         The power of immigrant entrepreneurship

·         Urban revitalization through immigration

·         The importance of global diversity and inclusion.

·         Rethinking immigration policy for the 21st century.

Richard tailors his presentations to the audience, blending storytelling with actionable insights to leave a lasting impression.

How to Contact Richard Herman

• Email: richardtmherman@gmail.com
• Office: (216) 696-6170
• Cell: (216) 375-0231
• Virtual Availability: Richard is equipped with a professional studio for remote interviews and presentations.
• Travel Nationwide: Richard is available to travel for keynotes, panels, and live interviews.

Why Choose Richard Herman?

As fear and anxiety about immigration policies escalate, Richard Herman stands as a trusted, authoritative voice who can cut through the chaos. His legal expertise, passion for immigrant rights, and ability to connect with audiences make him the ultimate resource for journalists and event organizers seeking to inform, inspire, and lead critical conversations.

Don’t just cover immigration—bring it to life. Contact Richard Herman today to elevate your story or event with unparalleled insight and perspective.

 

 

 

Richard’s Social Media Promotions

How this expert can help promote your show, event or publication:

• LinkedIn – 2,800 connections
• Twitter: – 3,200 followers
• Email marketing – 7,000 emails
• Facebook:  2,500 connections

 

Richard’s Background Links

Richard Herman, Founder of Herman Legal Group

Richard’s Book:  Immigrant, Inc.

Book’s Promo Video

Super Lawyer Magazine Article on Richard:

Richard Herman Recognized as Super Lawyer

Super Lawyer Magazine, Listing for Immigration Lawyers

Article by Richard:  Latinos Magazine, “Immigrants Are Not the Problem, They Are Part of the Solution”

Immigrants Are Not the Problem, They Are Part of the Solution

Immigration, Cities, Growth, Immigrant-Friendly Cities

Article by Richard:  Governing magazine:  “The Resource We Are Throwing Away:  Entrepreneurial Immigrants”

 

 

MEDIA MENTIONS

 

 

New York Times, “Ailing Midwestern Cities Extend Immigrant a Welcoming Hand to Immigrants,” Julia Preston, 2013,

Washing Post Writers Group, “Cities Scramble for Immigrants,”  Peirce, Neal, Sarasota Times, May 17, 2004.

Super Lawyers,” A Lawyer Without Borders ,” Kashuba John, January 2006

Crains Cleveland, ” Cleveland must be better at attracting immigrants, “Herman, Torres, April 2020

Forbes, “The Immigrant Connection” Megha Bahree, Jan 2010

Cleveland.com,” Cleveland a Dying City, “Plain Dealer Guest Columnist, April 2010

Cleveland.com,” Attracting Immigrants to revitalize a city, ” Smith, Robert, April 2010

NPR Marketplace, “Michigan Wants 50,000 Skilled Immigrants to Save Detroit,” , Davidson, Kate, January 24, 2014

Smith, Bruce, Associated Press, “S.C. Forum Told Nation Should Welcome Immigrants,” June 11, 2012

New York Times,  “Immigrants Seen as a Way to Refill Detroit Ranks,” Davey, Monica, January 24, 2014,

Huffington Post, Are Donald Trump & Cleveland Mayor Frank Jackson Strange Bedfellows on Immigration? 2016

Governing, The Resource That We’re Throwing Away: Entrepreneurial Immigrants, 2016

AlJazeera,  “U.S. Cities Race to Attract Immigrants,” Lubell, David, December 2013

The Atlantic, “Why American Cities Are Competing Over Immigrant Populations”Hesson,” Ted, November 2015

Belt Magazine,“Come to Cleveland, Maybe Not”Mcgraw, Daniel, March 2014

US News , “U.S. News – Best Lawyers”

Vilcek,“The Vilcek Foundation -“ “Herman, Richard” December 2015

NPR Ideastream,” “Making Change: Cultivating a New Ethnic Mix,”Barnett, David, May 2007

NHPR,” The Economic Argument for Immigration,”Knoy, Laura, April 2012

New Georgraphy, “Will a Dying City Finally Turn to Immigrants,” Herman, Richard, March, 2010

Case Western Reserve University, “Global Cleveland,” Smith, Robert,

Inc, “New Startup, ” Rubin, Courtney,

The Buffalo News, “Immigrant- Economic Engine regional Economy Benefiting From New Businesses” Sapong, Emma, January 2012

Slide Share, ” https://www.slideshare.net/RichardHerman1/immigrant-entrepreneurs-a-key-to-rebuilding-us-economy, Herman, Richard,

The Blade, Ohio- lags- Michigan thrives in start ups by immigrants“, Brickey, Homer, August 2022

SlideShare, “Richard Herman,” Herman, Richard,

Immigration Daily, “Demographic, Drucker, and the Entrepreneurial Society,” Herman, Richard,

Malone University,” WorldView Forum: Welcoming the Sojourner: Christian, Legal, and Economic Perspectives,” October 2017

Policy Bridge Immigration,” Immigration Path to Prosperity or Calmity,” Brown, Gregory, December 2010

Cleveland.com, ” A- list Authors, “March 2010

AS/ COA, “Ailing Midwestern Cities Extend a Welcoming Hand to Immigrants,” Preston, Julia, October 2013

Madison.com, “Pittsburgh lacks immigrants to staff restaurants,” Mccart, Melissa, November 2014

Future of Capitalism, ” Future of Capitalism, “Smith, Robert,

Scene, “A Global Mess: Can Global Cleveland and New Leader Joe Cimperman Turn the Corner and Actually Attract and Engage Immigrants?” Chilcote, Lee, February 2016

ABC News, “Foreign Students Get Longer U.S. Stay, “Gross, Grant,

Al Dia, “A City that Lacks Immigrants to Staff Restaurants, ”

Wilson Quarterly,” What Next for the Start- Up Nation?” Dan Sernor, Saul Singer,  2010

Fordham Urban Law Journal,  https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2623&context=ulj

Yale Law School, “https://www.academia.edu/26994035/U_S_Policy_Regarding_Highly_Skilled_

Immigrants_Change_Whose_Time_Has_Come_w_Peter_Schuck_” Schuck, Peter,

Great Lakes Geek, Midwest Conference 2010,

Foster Global, “Immigrant Start- ups seen as key to reinventing Michigan,” Yung, Katherine, January 2011

Seattle Times,”Its time to cool the anti- semetic immigrant rhetoric,” Seattle Times Staff, November 2011

Slideshare, “Mentality of Success: Learning from the Immigrant Business Experience, Herman, Richard, April 2012

“Immigrant Entrepreneurs: The Face of the New Nashville, Hull, Spencer, March 2010

Cleveland.com,”La Navidad Para Ninos shares Christmas spirit with Latino Community in Painesville” Dejong, Lisa, December 2016

Huffpost, “If Immigration is a Game, Lets play to win”, Herman, Richard, August, 2012

Lawprofessors, “Richard Herman, ICE issues New Guidance on Prosecutorial Discretion“Herman, Richard, April 2022

The Columbus Dispatch, “To revive economy, Dayton reaching out to immigrants” October 2013

SlidetoDoc,”Building an Ecosystem to Support and Attract Immigrant Entrepreneurs “June 2014

Scribd, “We Are All Immigrants” Herman Legal Group,

New York Times,” Immigrants seen as way to refill detroit ranks” Davey, Monica, January 2014

Huffpost, ” Time to Think Like an Immigrant ” Herman, Richard, September 2010

Nepal24hrs.com,  ” Richard Herman Reflects on the Racist Trump Immigration ” Herman, Richard, July 2020

Borkena, ” Immigrants Seen as a Way to refill Detroit Ranks ” January 2014

Google, ” The Legal Warriors ”  Attorney Joseph Patrick Meissner,

Cleveland. com , “A Stronger Community wide effort to welcome Immigrants is needed” February 2013

Expanded,” Write the check get a green card ” Bruns, Adam,

New Geography, ” The best cities for minority entrepreneurs “Kotkin, Joel, 2011

^ Miller, Chad R. (2010-08-01). “Book Review: Herman, R. T., & Smith, R. L. (2010). Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy (and How They Will Save the American Worker). Hoboken, NJ: Wiley. Krikorian, M. (2008). The New Case Against Immigration: Both Legal and Illegal. New York, NY: Sentinel”. Economic Development Quarterly. 24 (3): 304–305. doi:10.1177/0891242410377643. ISSN 0891-2424.

^ Harmon, Lute, “A Prize Worth Pursuing,” Inside Business, November, 2009

 • Immigrant, Inc. Video

• “Why Immigrants Can Drive the Green Economy,” Immigration Policy Center, June 23, 2010,

• Herman Legal Group

 

 

 Richard’s SPEAKING ENGAGEMENTS

Conference name	Title	Date
Numerous Conference & Speeches	Immigration Reform	2012
Hispanic Leadership Conference	Immigrants — Making America Stronger	2012
Need for Immigration reform	Think Like an Immigrant	2011
Immigrant Entrepreneurship Summit	Immigrant Entrepreneurs	2011
National Immigrant Integration Conference	Immigration Reform	2010

Immigrants Can Save Northeast Ohio	Immigrants Can Save Northeast Ohio	2010
Facing the Fire	New Alliances	2005

Past Keynotes at various chambers of commerce in Des Moines, Oklahoma City, Raleigh, Charleston, Indianapolis.  Speaker at National Immigrant Integration Conference, Boston.  Former speaker for Partnership for a New American Economy, coalition of 500 mayors and CEOS, founded by Michael Bloomberg and Rupert Murdoch.  Quoted i

Mayors Entrepreneurship Conference, October 16, 2014, Louisville, Kentucky, Immigrant Entrepreneurs & Globalization (Hosted by Kauffman Foundation & City of Louisville)

re:public XIII, November 10, 2014, Amelia Island, Omni Resort, Keynote: “How Immigrants Can Help Drive Economic Growth in Your City/State” (hosted by Center for Digital Government & Governing Magazine)

“Immigrant, Inc.” Keynote, St. Louis Economic Partnership, and Mosaic, July 16, 2014, St. Louis, MO

Case Western Reserve University,  February 18. 2015, Cleveland, Ohio, Keynote, “How International Students Can Make the Most of Their American Experience.”

  Annual Latino Multicultural Business & Professional Networking Event, August 17,  Keynote, 2014, Cleveland

 Annual Conference, Ohio LULAC (League of United Latin American Citizens), April 16, 2014, Columbus, Ohio, Keynote

 Ohio State University

 Wright State University

 Dennison University

 Cleveland State University

 Kent State University

 Malone University

 Kent State University

Youtube, Diversity for Growth, Herman, Richard, August 2015

The Post and Courier,” Immigration creates more jobs, speakers say,” Slade, David, March 2018

https://ww1.prweb.com/prfiles/2021/01/21/17677235/immigration%20expert

%20source%20for%20journalists.pdf

Wright State University, ” Workshop Focuses on Supporting immigrant entrepreneurs in Dayton,” Mihalek, Bob, March 14

 

 

 

H4 EAD, Trump: Which Will Prevail?

The H4 EAD has been a lifeline for thousands of H1B spouses, allowing them to work in the US while their family goes through the long green card process.

The H4 visa allows spouses and children of H1B visa holders to live in the US. Over time, the Employment Authorization Document (EAD) for H4 visa holders has allowed some H4 spouses to work, contribute to the economy and support their families. This policy is particularly significant for highly skilled workers in the EB-2 and EB-3 categories, as it helps them navigate the lengthy green card process.

The H4 EAD program for spouses and children of H1B visa holders has tremendous untapped potential to address labor shortages, drive economic growth and attract global talent. Current US policies limit work eligibility for H4 spouses much more than countries like Canada. Expanding work authorization for all H4 visa holders would bring huge benefits to US economy, workforce and innovation ecosystem.

Trump’s Return

On January 20, 2025, President Donald Trump will be back as US President. With Republican controlled Congress, Trump will likely repeat what he did in his first term and try to make significant changes and possibly eliminate the H4 EAD program launched by Obama in 2015.

Trump’s second term will be all about American workers and H4 work permits are on the chopping block again.

Key Questions

• Not If, But When: Advocates believe the debate will be on the timing and not whether or not changes, such as elimination, will happen. There are ongoing legal challenges to the H-4 EAD rule, with various lawsuits claiming it impacts job availability for American workers.
• Sectoral Impact: Elimination of H4 work permits will impact industries where H4 spouses currently work, IT, healthcare and finance.

H1B holders and their H4 spouses are getting anxious again. The rollback of Employment Authorization Documents (EADs) for H4 visa holders will disrupt lives of H4 spouses of H1B workers who rely on this provision for employment, independence and social integration.

Trump’s First Term

We will discuss and analyze Trump’s attempts to restrict and eliminate the H4 EAD in the article below, but here are the major points for now:

• Attempted Elimination:

Under the first Trump administration, DHS attempted to eliminate the H4 EAD through a proposed regulation. A second Trump administration could bring significant changes to U.S. immigration policies, including stricter immigration compliance and possible reinstatement of previous employment-related restrictions.

• Biometric Requirements:

USCIS introduced a rule requiring H4 spouses to submit fingerprints and biometrics for EAD renewals and created delays.

• Processing Delays:

Lawsuits showed that simple processes that took 12 minutes under normal circumstances took over a year.

• Intentional Barriers:

USCIS policies seemed to be designed to prevent H4 spouses from getting work authorization and many lost their jobs.

Here’s a detailed analysis of the program history, risks under Trump 2.0 and what H4 EAD holders and applicants can do to prepare.

What’s at Stake for Families?

For hundreds of thousands of H1B/H4 families who are waiting years (and even decades) for employer based green cards, the rollback of work permits is not just a policy change but a question of livelihood, independence and future stability.

Key Concerns

1. Financial Dependence: Many families rely on dual incomes to manage high cost of living in the US.
2. Career Loss: Skilled professionals will stagnate in their careers, lose years of experience and opportunities.
3. Community Integration: Without work permits, spouses will lose access to basic tools like SSNs and driver’s licenses and will be further isolated.

What’s at Stake for US Economy?

Rolling back H4 EAD eligibility will shrink the US economy by at least $7.5 billion to $13 billion annually and more if families leave for more welcoming countries.

Keeping dual income families will lead to higher consumption, savings and investments and long term economic stability.

Economic and Social Impact of H4 EAD

Boosting US Workforce

1. Addressing Labor Shortages:

• Many H4 spouses are qualified for high demand STEM roles where unemployment rates are very low and job vacancies are high.
• US can tap into this skilled workforce to address critical shortages in technology, healthcare and engineering.
• Median salary for H4 EAD holders: $111,632/year (more than double the median US salary of $53,490).
• Businesses should prioritize workforce planning to prepare for potential changes in U.S. immigration policy, ensuring compliance and mitigating risks associated with disruptions.

Encouraging Entrepreneurship:

• H4 EAD holders can start businesses and create jobs for US workers.
• 7% of H4 EAD holders are entrepreneurs and employ over 30,000 US workers, showing their potential to contribute to economic growth.

Productivity:

• H4 spouses can work and get better job matches for their skills and increase overall economic efficiency and innovation.

Talent Retention

• Green Card Backlogs:
• Long wait times (10-15 years for Indian applicants) discourage H1B workers from staying in the US. H4 EAD provides financial and psychological stability and encourages families to stay.
• Attracting Talent: Global Competitiveness:
• Countries like Canada and Australia already allow spousal work authorization. US is less attractive without programs like H4 EAD.

Canada Is Moving In, Luring skilled migrants away from US.

• Spouses of skilled temporary foreign workers in Canada can work for any employer in any occupation upon arrival without needing a separate EAD application.
• Processing times are as short as 2 weeks for spousal work permits.
• Canada has no country based green card caps so faster transition to permanent residency.
• Global Skills Strategy ensures quick visa approvals for high-skill immigrants. Between 2016 and 2021, number of Indians becoming permanent residents in Canada increased by 115% while number of Indian students in STEM graduate programs in US decreased by 15% during the same period.

Overview of H4 EAD

For those who are not familiar with H4 EAD, first let’s understand H-1B and H-4 visas.

H1B Visa: A Gateway for Skilled Workers

H1B is a non-immigrant worker visa for professionals.

• Purpose: Allows foreign nationals with specialized knowledge and bachelor’s degree or higher to work in US in fields like technology, engineering, healthcare and finance.
• Salary: The salary must meet or exceed the prevailing wage as determined by Department of Labor.
• Duration: 3 years initially and extendable up to 6 years.
• Green Card Pathway: Many H1B workers transition to lawful permanent residency (LPR) through employer sponsorship but due to annual caps and per-country quotas, wait times can be decades for applicants from high demand countries like India and China.

H4 Visa: For Family Dependents

• H4 visa is a temporary nonimmigrant visa for spouses and minor children of H visa holders, mainly H1B workers.

• Eligibility: Issued to spouses and unmarried children (under 21) of H1B visa holders.
• Validity: Matches the duration of H1B holder’s visa including extensions. H4 visa is tied to H1B visa holder’s status. If H1B worker loses their status (e.g., through job loss or visa expiration), their H4 dependents also have to leave US.
• Purpose: To allow families to stay together while H1B holder works or transitions to permanent residency.

What Is H4 Work Permit?

H4 EAD was introduced in May 2015 under Obama administration. H4 EAD allows spouses of H1B visa holders to work in US, to help families maintain financial stability. This work authorization was a lifeline for many families facing green card backlogs, so spouses can:

• Earn extra income.
• Get Social Security Numbers (SSNs).
• Open bank accounts.
• Get state issued driver’s license.
• Build careers and contribute to US industries.

The H4 EAD plays a significant role in legal immigration policies by providing employment opportunities to spouses of H1B visa holders.

Without EAD, H4 visa holders are stuck in dependent status with no way to work legally in US, restricting their financial stability and social integration.

Created Through Executive Action

Like DACA, H4 EAD program is vulnerable to elimination through new executive orders or legislation.

Eligibility for Employment Authorization (EAD)

Pursuant to the 2015 DHS rule, H4 visa holders can apply for EAD if:

• H1B spouse has I-140 approved OR
• H1B is extending beyond 6 years due to green card backlogs under AC21.
• Submit I-765. H4 visa holder submits employment authorization application
• Flexibility: Unlike H1B, H4 EAD allows unrestricted employment—H4 visa holders can work for any employer, be self employed, work as freelancer, start a business and hire employees
• Validity: EAD is tied to H4 visa and requires renewal upon expiration.

Why H4 Work Permit Matters

H4 EAD is not just about income; it’s about independence and inclusion. Losing this authorization means:

• Financial Instability: Many families rely on dual incomes, especially with high cost of living in US.
• Career Delay: Skilled professionals on H4 visas, many with advanced degrees, may lose years of career momentum.
• Integration & Social Isolation: Not being able to get SSN or driver’s license creates barriers to everyday activities like banking and commuting. Working spouses integrate more into American society, achieve higher socio-economic mobility.
• Family Dynamics: Employment reduces dependence on H1B holder and promotes gender equality within immigrant families.

This has been a lifeline for many, especially in Indian diaspora, for H4 spouses not only to join the US workforce, but also create a dual income stream into the home, either through employment or entrepreneurship.

In short, EAD is not just about employment; it’s a lifeline for many families and a pathway for dependent H4 spouses to integrate into American society

H4 EAD by the Numbers

H4 Visa Issuance Trends

• H4 visa issuances have increased:
• 1992: 24,756 visas.
• 2019: 125,999 visas.
• Most are issued to Indian nationals since they have high representation in H1B visas.

Characteristics of H4 Spouses

• Highly Educated:90% of H4 visa holders have bachelor’s degree and over 50% have graduate degree.54% have STEM degrees and are prime candidates for technology, engineering and science roles.
• Mostly Female:90% of H4 visa holders are women. 67% are from India and 6% are from China.
• Underutilized Workforce:Only 27% of H4 spouses with temporary visa are employed and many face barriers to get jobs due to restrictive policies.Among employed, 42% work in STEM fields, they can address talent shortages in these areas.
  

Characteristics of H4 EAD Holders

Educational Background of H-4 EAD Holders

• 90% of H4 EAD holders have bachelor’s degree or higher, many in high demand industries like technology and healthcare.

H4 EAD Employment Statistics

• 2/3 of H4 EAD holders work in computer and math occupations.
• Major employers are Google, Microsoft, Amazon and Facebook.

H4 EAD Geographic Distribution

• Top States:California (28,033 EAD holders), Texas (13,579), New Jersey (11,996) have the most approvals.Tech Hubs: Cities like Silicon Valley, Seattle and Austin are top due to high concentration of H1B workers.

H4 ED Gender and Nationality

• Gender:93% of H4 EAD holders are women, same as the broader gender imbalance in family based immigration.
• Nationality:93% of EAD holders are Indian nationals, 5% are from China.

Number of Approved H4 EADs

• 2015: 26,858
• 2016: 41,526
• 2017: 36,366

Potential Impacts of H4 EAD Rescission

Job Loss:

• Over 90,000 H4 EAD holders will lose their jobs, 93% of them are women.

Economic Costs:

• Businesses will face higher turnover and recruitment costs to replace skilled workers who might leave US.

Family Separation or Exodus From U.S.:

• Financial pressure may force families to separate or leave the U.S. H1B workers may move to countries that offer better opportunities for their spouses.

H4 EAD History

“You have to know the past to understand the present.”

Carl Sagan

To know the risks and shape of future, let’s first look back to the history and evolution of H4 EAD program.

The EAD rule was implemented to address the problems faced by immigrant families stuck in green card backlogs, especially those from India.

How H4 Work Authorization Was Established?

• May 12, 2014: DHS proposed the rule and opened it for comments.
• February 25, 2015: DHS finalized the rule after comments and minor revisions for clarity.
• May 26, 2015: Rule became effective, eligible H4 spouses can start applying for EADs.

Public Comments

• Supporters: Economic and personal benefits, no disruption to businesses.
• Opponents: Labor market competition and misuse.
• Resolution: DHS kept the rule, minimal impact on overall workforce (<1%).

Purpose of the Regulation

This regulation addresses several problems faced by H1B families:

1. Long Green Card Wait Times: As of 2023, the employment based green card backlog for Indian workers (EB-2 and EB-3 categories) is over 1 million. Without reforms, some may face 54-134 years of wait for permanent residency.
2. Economic Impact: Highly educated spouses, many of whom work in critical sectors like healthcare and tech, contribute to US economy.
3. Reducing Economic Hardship: Many families rely on one income during long green card wait times, financial strain. H1B families face financial strain, especially in high cost areas like California and New York.
4. Retaining Skilled Workers: Prevents H1B workers from giving up on green card due to family financial pressure. Businesses lose H1B talent when families struggle financially.
5. Global Standards: Brings US immigration policies in line with competing countries like Canada and Australia which allow work for immigrant spouses. Other countries with similar immigration systems grant work authorization to spouses, giving them an edge in attracting top talent.
6. Entrepreneurship: Promotes innovation and economic growth by allowing skilled H4 spouses to contribute to the workforce

Legal Authority for the Rule

DHS authority comes from:

• Homeland Security Act of 2002: Gives the Secretary of Homeland Security authority over immigration laws.
• Immigration and Nationality Act (INA): Employment eligibility for noncitizens, Section 274A(h)(3)(B).

Criticism and Challenges

While the rule has broad support, it faces opposition:

Critics argue that the H4 EAD rule takes jobs away from American workers and undermines the integrity of the immigration system. They also claim that it encourages more people to come to the U.S. illegally, hoping to benefit from similar programs in the future. Additionally, there are concerns about potential future restrictions on temporary protected status under a second Trump administration, which could impact many individuals and their employers who depend on TPS for extended work authorization.

Labor Market:

• Critics argue H4 spouses working increases competition for US workers.

Fraud:

• Misuse (falsified credentials or marriage fraud) was raised but largely unsubstantiated.

In 2015, the Projected Impact of the Rule

First Year Impact

• 179,600 H4 spouses will be eligible for EADs.
• 55,000 new applicants projected annually after first year.

Economic Benefits

For Families:

• Two incomes reduce financial strain and better quality of life.

For Employers:

Retain skilled H1B workers and reduce turnover costs.

For the Economy:

• Promotes entrepreneurship and innovation, especially in STEM.

Costs

• Application fees and time spent filing are by applicants.
• Federal processing costs are offset by fees collected.

H4 EAD Eligibility Requirements

To apply for H4 EAD you must meet both of the following:

H1B Relationship:

• You must be in H4 status, which is granted to dependents (spouses or children) of H1B visa holders.

H1B Spouse’s Eligibility:

Your H1B spouse must be one of the following:

• Approved Form I-140: Your H1B spouse is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; OR
• H1B Extension under AC21: Your H1B spouse has been granted H1B extension beyond 6 years under AC21 because they:
  • Filed labor certification or Form I-140 at least 365 days before reaching H1B limit.
  • Are waiting for green card due to employment based green card backlogs (priority date is not current).

How to apply for H4 EAD

Step 1: Fill out Form I-765

• Use the latest version of Form I-765from the USCIS website.
• Use eligibility code (c)(26) for H4 dependent spouses applying for EAD.

Step 2: Gather Required Documents

Include the following with your application:

Proof of H4 Status:

• Current I-797 approval notice for I-539.
• OR copy of I-94 showing current H4 admission or extension.

Identity:

• Government issued photo ID such as:
• Passport (biometric page).
• Previous EAD (if any).
• National ID card with photo.
• Visa issued by a US consulate.

Proof of H1B Spouse:

• Copy of marriage certificate.

Proof of H1B Spouse’s Status:

• Copies of H1B holder’s:
• Current and prior I-94.
• Current and prior I-797 (for I-129).
• Passport pages showing validity.

Eligibility: Depending on your spouse’s status:

• For Approved Form I-140: Copy of I-140 approval notice (I-797).
• For H1B Extension under AC21:Evidence that I-140 or labor certification was filed 365+ days before H1B limit.DOL correspondence or I-140 receipt notice showing AC21 eligibility.

Passport Style Photos:

• 2 identical color photos, 2×2 inches, USCIS requirements.

Translations (if applicable):

• If submitting non-English documents, include certified English translations. Translator must certify the accuracy and their ability to translate.

Step 3: Submit I-765

Choose the correct filing address based on your application type:

• Standalone I-765: Submit to the Lockbox address on the Direct Filing Addresses for I-765 webpage. Alternatively, file online.
• Filing with other forms:If filing with I-539 (Change/Extend H4 status) or I-129 (H1B petition for spouse), file at the service center processing I-129.

How USCIS Processes H4 EAD

Processing Time:

• USCIS processes I-765 applications in 3-6 months, but varies.
• Check your application status online using your receipt number.

Decision:

• USCIS will only adjudicate H4 EAD application after confirming H4 status and H1B eligibility of your spouse.

Approval and Validity:

• EAD validity is same as H4 status, as shown on I-94.
• If H4 or EAD expires, you need to file for extensions to continue working.

Renewal and Automatic Extensions

Renewing H4 EAD:

• File another I-765 no more than 180 days before current EAD expires.
• Include updated evidence of eligibility.

Automatic EAD Extensions:

• In some cases, you may be eligible for automatic extension of work authorization while renewal application is pending.

Bundling H4 EADS with H1B Extension Application

Edakunni v. Mayorkas.  Over 40 companies including Amazon, Google and Apple are part of a lawsuit to bundle H4 EAD applications with H1B extensions to speed up processing.

The settlement now permits bundling but a new administration can bring back similar hurdles.

Bundled Processing

• How It Works: USCIS allows H1B, H4 and H4 EAD to be filed together, known as “bundled processing”.
• When bundled, all applications are adjudicated at the same time. If H1B is filed under premium processing, H4 and H4 EAD will be processed faster even though standalone H4 EAD is not eligible for premium processing.
• Benefits:Faster approval for H4 and H4 EAD when bundled with premium processing H1B applications.Reduced waiting time for employment authorization.

Auto-Extensions

Current Policy:

• H4 EAD holders who file for timely renewal are eligible forautomatic extensionsof work authorization if their H4 status is already extended.
• Impact:
• This policy reduces employment gaps and provides more stability for individuals and employers.

Common Mistakes and How to Avoid Them

Incomplete Applications:

• Make sure all sections of I-765 are filled out correctly.
• Review your supporting evidence to avoid RFEs.

Incorrect Filing Fees:

• Pay the exact fee amount listed for I-765. USCIS will reject incorrect payments.

Misfiling Forms:

• Make sure I-765 is filed at the correct Lockbox or service center. Filing at the wrong address will delay or invalidate your application.

Fraud or Scams:

• Be careful of unauthorized practitioners who offer false promises. Use only official USCIS resources or a licensed immigration attorney.

Problems with Current Policy

Barriers to Entry and Delayed Access:

• Spouses typically wait 6+ years before they can get EAD as eligibility depends on the H1B holder’s green card application progress.
• EAD processing time is 6-8 months which means more delays and employment gaps.

Complex Alternatives:

• Some H4 spouses apply for their own H1B visa which requires:
• Employer sponsorship which is expensive and uncertain.
• H1B lottery which has less than 20% success rate due to caps on visa issuance.
• These barriers keep many H4 visa holders out of the workforce.

The Case for Automatic H4 EAD

Instead of eliminating or restricting H4 EAD, the White House and Congress should work together to unleash the potential of H4 visa holders by:

Immediate Work Authorization for H4 Spouses:

• Remove the requirement for H1B spouse to be in green card queue before H4 spouse can apply for EAD.
• Grant work authorization to H4 visa holders upon arrival in US.
• A larger talent pool makes US more competitive in the global economy.
• Granting work eligibility could free up H1B slots for more skilled workers to come to US.

Equity/Parity with Other Visa Categories:

Spouses of L1 (intra-company transferee), E1 (treaty trader) and E3 (Australian specialty worker) visa holders are automatically eligible to work. Granting similar rights to H4 spouses aligns US policy with these precedents

Retain Talent:

Dual income families are less likely to leave US for countries like Canada and will keep top talent in the American economy

Simplify Processing:

• Reduce EAD processing time from 6-8 months to less than 30 days.
• Concurrent processing of H4 visa and EAD with H1B application.

Increase Public Awareness:

• Educate employers and policymakers about the economic benefits of using H4 talent to fill talent gaps.

Trump’s Administration’s Previous Position on H4 Work Permits

During his previous presidency, Donald Trump issued the “Buy American, Hire American” executive order to protect US workers.

Trump’s Efforts at H4 EAD Rescission (2017-2021)

During his first presidency, Trump’s “Buy American, Hire American” executive order aimed to prioritize US workers for jobs.

In 2018, Department of Homeland Security (DHS) proposed a regulation titled “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”.

Under this policy:

• The administration proposed to rescind H4 EAD rule citing job competition. In 2021, Biden withdrew Trump’s propsal.
• Although the proposal was not finalized, it created uncertainty for thousands of families.

Timeline

Original Date Announced

December 14, 2017

DHS published a notice in the Unified Agenda of Regulatory Actions that it intends to rescind a rule making spouses of H1B visa holderswho hold H4 visas eligible to work. [ID #492]

RIN: 1615-AC15: Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization

April 4, 2018 USCIS reports efforts to narrow eligibility for nonimmigrant worker programs

Subsequent Trump-Era and Court Action(s)

November 1, 2018

Removing H­4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization

DHS once again published in the Unified Agenda its intention to rescind the rule providing for work authorization for certain H-4 nonimmigrants.

View Document

August 26, 2020

Removing H-4 Dependent Spouses From the Classes of Aliens Eligible for Employment Authorization

The Unified Agenda published on August 26, 2020, noted that DHS will publish a notice of proposed rulemaking (NPRM) in September 2020 modifying the final rule published by DHS in 2015 that extended eligibility for employment authorization to certain H– 4 dependent spouses of H–1B. The new proposed rule will rescind the earlier 2015 rule, making this class of aliens ineligible for employment authorization.

View Document

Problems with H4 EAD Rule Rescission

The proposal was widely panned for its economic and social impact, especially for skilled professionals in critical sectors like healthcare, IT and education

The Trump era proposal to rescind H4 EAD faced both procedural and moral challenges:

1. Economic Impact: Many skilled professionals, mostly women, would have been forced out of the US workforce.
2. Family Strain: Families dependent on two incomes would have faced financial difficulties.
3. Industry Impact: Tech, healthcare and education would have lost talent.

Expert Analysis

• A 2019 Forbes article noted the high economic and social cost of removing H4 visa holders from the workforce.

Advocates pointed out the H4 EAD promotes gender equality and financial independence for immigrant families

Why Was the Rescission Rule Withdrawn by Biden?

Biden reversed Trump’s move and kept H4 EAD. This decision:

• Gives stability to families waiting in green card backlog.
• Allows skilled spouses to contribute to sectors with labor shortages.
• Eases economic disruption in immigrant communities.

Immigration experts said removing H4 work permits would disproportionately harm families already waiting for years in green card processing.

Biden issued a regulatory freeze memo on January 20, 2021 and all rulemaking was put on hold. As a result:

• January 25, 2021: The H4 EAD Rescission Regulation was withdrawn from OMB review.
• This fits with President Biden’s overall immigration agenda which is inclusive and immigrant workforce integration.

The Legal Challenge: Save Jobs USA vs. DHS

It was just Trump. Since its introduction, the EAD rule has been opposed by many, mainly those who claim it hurts American jobs.

From the beginning, the H4 EAD rule has been challenged in court.Save Jobs USA, an organization of U.S. born tech workers, has argued:

• DHS has no authority to issue work permits to H4 visa holders.
• Allowing H4 spouses to work creates unfair competition for American workers.

Timeline of the Lawsuit

1. 2015: Save Jobs USA filed the initial lawsuit.
2. 2017-2020: Trump administration considered rescinding the rule but did not finalize any changes.
3. 2021: Biden administration sided with H4 EAD and Save Jobs USA filed motions for summary judgment.
4. March 2023: US District Court ruled in favor of DHS.
5. August 2024: US Court of Appealsaffirmed the district court’s decision.  In a big win for immigrant families and the industries that rely on them, the US Court of Appeals for the DC Circuit upheld the 2015 H4 EAD. This means the government has the authority to issue work permits to H4 spouses.

Federal Court Ruling: Highlights

US Court of Appeals for the DC Circuit, Judge Justin R. Walker wrote the opinion. Key points:

• DHS Authority: The court cited previous cases that upheld DHS’s authority to create work authorization programs, including OPT for F-1 students.
• Binding Precedent: The court found Save Jobs USA did not present substantial evidence to distinguish H4 EAD from similar precedents.

Support from Major Organizations

Companies and business groups filed an amicus brief in support of H4 EAD during the lawsuit. They argued:

• Repealing H4 work authorization would slow down U.S. economic growth.
• It would push highly skilled immigrant talent to other countries, hurt innovation and global competitiveness.

Court Decisions: The courts have upheld the EAD rule, the Department of Homeland Security has the authority to issue work permits to H4 visa holders.

Despite these decisions, advocacy groups are still challenging the policy, adding more uncertainty for affected families

More importantly, the rule can still be rescinded or restricted by Trump’s incoming administration.

Biden’s H4 EAD Codification

President Biden’s U.S. Citizenship Act of 2021, announced on January 20, 2021, attempted to create a more permanent H4 EAD. Key points:

• Codify H4 EAD into law to prevent policy changes.
• Fix systemic issues:
• Clear green card backlogs.
• Recapture unused visas.
• Reduce wait times for employment based visas.
• Eliminate per-country visa caps.

The bill did not pass.

What Is Likely to Happen to the H-4 EAD Program by Trump in 2025?

The Trump administration previously tried to rescind H4 EAD as part of the “Buy American, Hire American” agenda. Though it didn’t happen during the first term, a second term could bring it back. Key risks:

1. Elimination Through Executive Action

• Process: Rescinding H4 EAD through executive rulemaking would likely involve a notice-and-comment period, so implementation would be delayed by several months.
• Impact: This would give affected families some time to find alternatives, but uncertainty would remain until the process is complete.
• This would have huge implications:
  • Economic Impact: Families would lose income, impact spending and investment.
  • Career Disruption: Many H4 visa holders in key industries would have to leave their jobs.
  • Community Integration: Without work authorization, spouses can’t fully participate in American life.

2. Legislative

• Republican-Controlled Congress: With Republican majorities in both chambers, changes can be made through legislation, faster to pass and harder to undo.
• Broader Impact: Legislative changes can target not only H4 EAD but also other immigration programs like OPT or STEM visas.

3. Bundled Adjudication

• Current Practice: USCIS allows H4 and H4 EAD to be bundled with the H-1B petition, so if premium processing is used for the H-1B, processing is faster.
• Impact: Trump could eliminate this policy, forcing standalone processing of H4 EAD applications, which would mean longer wait times.

4. Biometrics Requirement

• Background: Previous administrations required biometrics for H4 and H4 EAD applicants and it caused huge processing delays.
• Impact: Requiring biometrics again could mean long wait times and employment gaps for H4 EAD holders during renewals.

5. Automatic Extensions

• Current Practice: H4 EAD holders with timely filed applications get automatic extensions if their H4 status is valid.
• Impact: Stopping automatic extensions would mean applicants would have to stop working while waiting for approval, affecting families and employers.

What Should H-4 Holders Due to Prepare for Trump 2.0?

Proactive planning is key to minimize the risks. Here are the steps H4 EAD holders and applicants can take to protect their status and work authorization:

1. Apply for H4 EAD Now

• Why Now?: With changes possible, apply for work authorization before new policies kick in.
• Who Should Apply?H4 spouses who haven’t applied for H4 EAD yet.H4 EAD holders whose EAD is about to expire.

2. Renew Early

• When to Renew: File extension within 180 days of EAD expiration.
• Benefits of Early Renewal: Avoid employment gaps due to processing delays or new rules.

3. File Under Premium Processing

• Why:Bundling H4 and H4 EAD with premium processing H1B petition gets faster adjudication.
• What to Do:If your spouse’s H1B is due for renewal, file all applications together under premium processing.

3. Expedite I-140

• Premium Processing: If the principal H1B has a pending I-140, consider upgrading to premium processing for faster approval. Talk to your spouse’s employer to request premium processing for I-140.
• Why: I-140 approval is often required for H4 spouse to qualify for EAD.

4. Talk to Your Employer About Premium Processing

• PERM and I-140 Filing: If your employer hasn’t filed PERM or I-140 yet, discuss filing under premium processing to make H4 EAD eligible.

5. Keep Documents

• Stay Ready:
• Keep all required documents (e.g. I-94, approval notices) up to date to avoid delays in application processing.
• Be Prepared:
• Make sure all applications are fully documented to avoid RFEs.

6. Explore Other Work Authorization Options

• If H4 EAD is eliminated, explore other visa categories or work authorization pathways like O-1, H1B, E-2, TN, EB-5. Talk with an immigration attorney to explore other options,

7. Talk to Immigration Attorneys

• Find immigration law experts that you trust to keep you advised on the latest developments and innovative workarounds. Talk to your own immigration attorney or your employer’s legal team to plan for different scenarios.

8. Build Financial Cushion

• Plan now to minimize financial impact of EAD revocation.

9. Employment Gaps

• If you’re using H4 EAD for work, plan for employment gaps due to policy changes or processing delays.

10. Communicate with Employer

• If you’re working on H4 EAD, keep your employer informed about your immigration status and potential changes to avoid confusion.

11. Stay Informed

Follow Policy Updates: Monitor USCIS, advocacy group and legal expert news to stay ahead of changes.

Join Advocacy Groups

• Organizations like Immigration Voice support H4 EAD holders. Join them for support and resources. Contribute your voice and perspective.

Challenges for H4 EAD Holders

Even if H4 EAD program isn’t eliminated completely, other changes could affect work authorization:

• Longer Processing Times: Standalone applications without premium processing could take months.
• Employment Gaps: Without auto-extensions, renewal applicants would have to stop working while applications are pending.
• More Stringent: Applicants may face more documentation requirements and higher denial rates under new rules.

A Tough Road Ahead

H4 work permits are uncertain with Trump’s return and policy rollbacks. For many H1/H4 families, EAD is not just about jobs, it’s about independence, dignity and ability to contribute to American dream.

Background on 2015 DHS Rule that created H-4 EAD

For those interested in the rationale of the 2015 H-4 EAD Rule should read the Rule published in the Federal Register. The summary of the Rule follows and will provide additinal evidence and support for those looking to support the program in 2025 and beyond.

H-4 EAD Overview

The Department of Homeland Security (DHS) created a rule to allow H-4 visa holders—spouses of H-1B visa holders—to work in the US to alleviate hardships and support US businesses by keeping highly skilled foreign workers. Here is a summary of the current framework, eligibility, public comments and the final rule.

H-4 Visa: Supporting H-1B Families

• Eligibility: Issued to spouses and unmarried children (under 21) of H-1B visa holders.
• Duration: Same as the primary H-1B visa holder’s stay.
• Work Authorization: Previously H-4 visa holders could not work in the US, causing financial and personal hardships for many families.

Background: Green Card Backlog

H-1B Families Challenges

Long Wait Times:

• Employment based (EB) immigrant visas especially for individuals from oversubscribed countries like India and China have long backlogs—often decades.
• H-1B workers cannot file for adjustment of status unless their priority date is current.

Economic and Emotional Strain:

• Single income households struggle financially while waiting for green card approval.
• Dependents face isolation and lack of integration opportunities due to work restrictions.

Impact on US Employers

• Workforce Disruptions:
• Skilled workers may leave the US due to green card delays and businesses have to find replacements.

Legislative Relief:

• To address this issue Congress passed provisions under AC21 to allow H-1B extensions beyond 6 years and to reduce disruption to employers.

DHS’s Rule for H-4 Work Authorization

Proposed Rule (2014)

May 12, 2014

DHS proposed to amend the regulations to allow certain H-4 dependent spouses to apply for employment authorization if the H-1B visa holder:

1. Is the principal beneficiary of an approved Form I-140 (Immigrant Petition for Alien Worker), or
2. Has extended H-1B status under AC21 due to pending or approved employment based immigration petitions.

Key Changes in the Rule

• Eligibility: Added H-4 spouses to the list of individuals who can file Form I-765 (Application for Employment Authorization).
• Documentation Requirements: Listed the supporting evidence H-4 spouses need to submit to establish eligibility.

Public Comments on the Proposed Rule

During the 60 day comment period, DHS received almost 13,000 comments. Here are the comments:

Supportive Comments (85%)

Economic Benefits:

• Dual income households lead to more disposable income, tax revenue and community contributions.
• H-4 spouses joining the workforce will strengthen US innovation and economic growth.

Social Impact:

• Reduces isolation, financial dependence and empowers women, reduces domestic stressors and mental health challenges.
• Promotes family stability and integration into US communities.

Competitiveness:

• US immigration policies should be aligned with other countries that offer work rights to dependents.
• Helps retain highly skilled H-1B workers, reduces workforce disruption to employers.

Opposing Comments (10%)

• Labor Market Concerns:Some feared competition to US workers and potential downward pressure on wages.
• Others questioned DHS’s authority to grant employment authorization to H-4 dependents.

Mixed Comments (3.5%)

Eligibility Scope:

• Some commented that the rule was too narrow and excluded dependents of other visa categories.
• Others felt it was too broad and would invite misuse or fraud.

Final Rule

After comments, DHS finalized the rule with minor tweaks to clarify and address filing issues.

Eligibility Clarifications

H-4 spouses can file for employment authorization if:

• The H-1B visa holder is the principal beneficiary of an approved Form I-140, or
• The H-1B visa holder has extended status under Section 104(c) of AC21.

Filing Process Changes

• Allowed to file Form I-765 with Form I-539 (Application to Extend/Change Nonimmigrant Status) for expedited processing.

Projected Numbers

• Year 1: 179,600 H-4 spouses eligible to apply.
• Annual growth: 55,000 new applicants per year.

H-4 Work Authorization Benefits

For Families

• Dual income, less financial stress.
• Integration into US society, long term stability.

For Employers

• Retain H-1B workers during green card processing, reduced turnover costs.
• Helps businesses in key STEM fields.

For the Economy

• Adds skilled workers to the workforce, innovation and productivity.
• Consumer spending and homeownership, local economies.

Background and Public Comments

1. H-4 Dependents of H-1B1, H-2, H-3 Nonimmigrants

Public Comments

• Over 200 commenters suggested to extend employment authorization to H-4 dependents of non-H-1B visa holders, including:H-1B1: Specialty workers from Chile and Singapore.H-2A: Temporary agricultural workers.H-2B: Temporary non-agricultural workers.H-3: Trainees.
• Reason:Expanding eligibility would make US more competitive by bringing in more skilled workers and economic contributions from a larger pool of dependents.

DHS Response

• Current Limitations:
• H-1B visa holders have “dual intent” and can pursue LPR without losing nonimmigrant status. This is not available to H-1B1, H-2 or H-3 visa holders.
• Congress, through AC21, specifically allowed H-1B visa holders to extend their stay during green card processing, which is not applicable to other H categories.
• Future Options:
• DHS recognized the idea has merit but wants to address these issues step by step. Expanding eligibility might be considered in future rulemaking.

2. All H-4 Dependents of H-1B Visa Holders

Public Comments

• Over 150 commenters asked DHS to grant employment authorization to ALL H-4 dependents of H-1B visa holders, not just those whose spouses are on a green card path.
• Reason:
• The rule should be consistent with other visa categories like L-1, E-1, E-2 and E-3 where all dependent spouses are eligible for employment authorization.

DHS Response

Legal Barriers:

• Congress explicitly allowed employment authorization for dependents of L-1, E-1, E-2 and E-3 visa holders but not H-1B dependents. DHS’s regulatory authority does not permit to extend the same to all H-4 dependents.Policy Focus:
• DHS focused on dependent spouses of H-1B visa holders who are actively pursuing LPR status to address green card delays while staying aligned with AC21.

3. Employment Authorization “Incident to Status”

Public Comments

• Over 60 commenters asked for automatic employment authorization upon H-4 approval, eliminating the need to file Form I-765.
• Reason:
• Streamlining would reduce administrative burden and allow dependents to start working immediately.

DHS Response

Administrative Barriers:

• Automatic employment authorization requires USCIS systems to verify eligibility independently. Current systems cannot verify spousal relationships or green card progress without manual adjudication.
• Accuracy:
• Filing Form I-765 ensures only eligible applicants get employment authorization, minimizing errors or unauthorized work.

4. Timing of Employment Authorization

Public Comments

• Some commenters asked for employment authorization EARLIER in the green card process, such as:When a PERM labor certification is filed.When a Form I-140 petition is pending.

DHS Response

Approval-Based:

• Employment authorization tied to approved Form I-140 petition ensures applicants are on the LPR path, reduces frivolous filings.
• Allowing based on pending applications could result in ineligible individuals getting benefits if the applications are denied.Policy Balance:
• Limiting to approved cases is consistent with DHS’s goal of promoting compliance with U.S. immigration laws and efficient resource management.

5. H-4 Dependent Minors

Public Comments

• Less than 40 commenters asked for employment authorization for H-4 dependent minors citing:
• Lack of work experience.
• Financial burden of post-secondary education.
• Risk of aging out of H-4 status before green card eligibility.

DHS Response

• Consistency Across Categories:
• Employment authorization is limited to dependent spouses in other visa categories (e.g., L and E visas). Extending to minors would create inconsistencies.
• Focus on Spouses:
• DHS focused on addressing family economic burdens through spousal work authorization which indirectly supports dependent minors.
• DACA Comparison:
• The Deferred Action for Childhood Arrivals (DACA) program is for a different context and does not provide a basis to extend employment to H-4 minors.

Final Rule and Policy Priorities

Key Points

Employment authorization is for H-4 dependent spouses of H-1B visa holders who:

1. Have an approved Form I-140.
2. Have extended H-1B status under AC21.

• Not for:
• H-4 dependents of other H visa categories.
• H-4 minors.
• H-4 spouses at earlier stages of the green card process.

Policy Reasoning

• Targeted Impact:
• Focused on H-1B spouses addresses the biggest economic and personal burdens.
• Incremental
• DHS will consider further expansion but wants to take it slow and administratively feasible.

Requests for Expansion

1. Employment Authorization for H-1B Nonimmigrants

• Public Comments:
• Some commenters asked that H-1B visa holders get EADs to work for any employer, no employer specific restriction.
• Some suggested a single EAD for households with dual H-1B spouses to avoid having one spouse to switch to H-4 status.
• DHS Response:
• H-1B employment authorization is incompatible with the visa’s employer specific nature.
• Allowing EADs for H-1B workers would violate the terms of the H-1B classification which ties work authorization to a specific petitioning employer.
• Dual H-1B households can use existing options but an H-1B holder must change to H-4 status to be eligible for an EAD as a dependent.

2. H-4 Dependents not selected in the H-1B lottery

• Public Comments:
• Less than 20 commenters asked for employment eligibility for H-4 dependents whose H-1B petitions were not selected in the lottery.
• DHS Response:
• This rule is to retain H-1B workers already pursuing lawful permanent residency (LPR) and not to address broader issues in the H-1B program.

3. Dependents of other nonimmigrant categories

• Public Comments:
• Some asked for dependents of O-1 (extraordinary ability) and TN (NAFTA professionals) visa holders to be eligible for employment.
• DHS Response:
• There are significant differences between these categories and H-1B classification:
• O-1 and TN Visa Context: These categories have fewer visa backlogs and faster LPR processing for dependents.
• Foreign Policy Considerations: TN visas are governed by international trade agreements like NAFTA which are outside the scope of this rule.

Opposition to the H-4 EAD Rule

1. Displacement of U.S. Workers

• Comments:
• Some thought the rule would increase competition for jobs, unemployment and lower wages.
• DHS Analysis:
• The rule is targeted, affects a small population (0.1156% of the U.S. civilian labor force).
• High skilled immigration including H-4 dependent employment benefits the U.S. economy in the long run through innovation, consumption and job creation.
• Existing anti-discrimination laws protect U.S. workers from being unfairly displaced by nonimmigrant labor.

2. Not Necessary

• Comments:
• Some argued existing immigration laws already allow H-4 dependents to change to employment authorized categories so the rule is redundant.
• DHS Analysis:
• The rule addresses gaps that prevent H-1B visa holders from remaining in the U.S. because their spouses can’t work.
• DHS quoted many H-1B families and employers that the rule is necessary to retain workers and prevent families from leaving the U.S.

3. Impact on other immigration categories

• Comments:
• F-1 student graduates and other nonimmigrants felt the rule was unfair as they have more stringent paths to employment than H-4 dependents.
• DHS Response:
• The rule is targeted to address the specific challenges faced by H-4 dependents of H-1B workers including long green card backlogs.

4. Impact on Universities

• Comments:
• Universities worried about decline in enrollment if H-4 dependents choose to work over education.
• DHS Response:
• The rule gives more choices to H-4 dependents but does not take away their ability to pursue education.
• The net effect on university enrollment is unknown, some say increased family income will lead to more educational spending.

Requests for more restrictive policies

1. Limit eligibility by skills or sectors

• Public Comments:
• Some asked to limit eligibility to H-4 dependents with advanced degrees, STEM qualifications or specific skillsets.
• DHS Response:
• The rule is to support U.S. businesses and retain H-1B workers regardless of the academic or professional background of their spouses.

2. Reciprocal employment policies

• Public Comments:
• Some suggested to grant employment authorization only to dependents from countries that offer similar rights to U.S. citizens abroad.
• DHS Response:
• The rule is to retain skilled workers for U.S. economic benefit and does not consider foreign reciprocity agreements which are foreign policy issues outside the scope of this rule.

3. Limit eligibility to AC21 extensions

• Public Comments:
• Some suggested to limit eligibility to spouses of H-1B workers who are benefiting from AC21 extensions.
• DHS Response:
• Including spouses of H-1B workers with approved Form I-140 petitions supports broader goals of retaining workers and minimizing disruption to U.S. employers.

Legal authority for the rule

• Challenges:
• Some argued DHS doesn’t have the authority to grant employment eligibility to H-4 dependents as Congress explicitly gave similar rights to L and E visa dependents.
• DHS justification:
• The Immigration and Nationality Act (INA) gives the Secretary of Homeland Security broad authority to determine the conditions of nonimmigrant admissions including employment authorization.
• Precedents show the Executive Branch has the authority to grant work eligibility by regulation without congressional approval.

Economic and labor market impacts

• Positive outcomes:
• DHS expects minimal disruption to the labor market as the number of eligible participants is small.
• Benefits:
• Increased household income for H-1B families.
• More economic contributions through consumer spending, real estate investments and tax revenue.
• Family unification and better integration into U.S. communities were mentioned by commenters.
• Displacement concerns:
• DHS found no evidence that the rule would harm native born workers or highly skilled H-1B visa holders.

Responses to comments on volume estimates and methodology

Comments on DHS’s estimates

• Opposing comments: Many commenters argued that DHS underestimated the number of H-4 spouses eligible for employment authorization.
• Alternate methodology:
• A commenter cited the Yearbook of Immigration Statistics and suggested using historical averages of spouses adjusting to Lawful Permanent Resident (LPR) status to estimate the volume of H-4 spouses.

DHS Response:

• Limitations of the suggested approach:
• The historical average doesn’t account for current H-1B nonimmigrants waiting for visas or distinguish between H-4 and other statuses.
• Not all H-1B spouses are in H-4 status so these calculations are less precise.
• Refined methodology:
• DHS used current data, considering the backlog of H-1B workers with approved I-140 petitions waiting for immigrant visas and the new flow of H-4 spouses becoming eligible.
• This approach captures the population more accurately.

Final estimate:

• Updated numbers:
• DHS revised its estimates to up to 179,600 H-4 spouses in the first year.
• This is a tiny fraction of the U.S. workforce (0.1156%) and doesn’t disrupt the labor market.

Costs and benefits

Comments on economic calculations:

1. Cost concerns:

• One commenter thought DHS overestimated costs by including opportunity costs (time H-4 spouses spend applying).

2. Benefits undervalued:

• Another commenter felt the rule didn’t account for economic and social benefits, including losses under current rule where H-4 spouses can’t work.

DHS’s position:

• Costs:
• Opportunity costs were calculated using minimum wage as a proxy for time value, which is a reasonable assumption.
• Even if H-4 spouses aren’t working, they face opportunity costs in deciding how to use their time.
• Benefits:
• The rule increases household income, social integration and reduces economic burden on H-1B families.
• It also helps U.S. employers by reducing H-1B workers abandoning the LPR process.

Improving the application process

1. Simplified filing process

• Comments:
• Commenters asked for streamlined or electronic filing options for Form I-765 (Employment Authorization Application).
• DHS Response:
• USCIS ELIS System:
• DHS is moving to an electronic system that will have real-time updates and notifications for all benefit programs including H-4 employment authorization.
• Paper filing until May 26, 2015 to avoid H-1B cap season overlap.

Employment Authorization Document (EAD) validity periods

Comments:

1. Match EAD to H-4 admission period:

• 9 commenters asked to align EAD with H-4 spouse’s authorized stay (up to 3 years).

2. Shorter probationary EADs:

• 1 commenter suggested 6 or 12 month EADs with proof of lawful work and tax payments.

DHS Response:

• Aligned validity periods:
• Will issue EADs matching H-4 dependent’s authorized stay to avoid gaps in authorization and reduce renewal frequency.
• Probationary EADs:
• Denied due to:
• No evidence of fraud or tax evasion among H-4 dependents.
• Administrative burdens from frequent renewals and potential gaps in employment authorization.

EAD renewals

Comments:

• 5 commenters asked to renew up to 6 months in advance to align with H-1B extension filing timeline.

DHS Response:

• Will allow concurrent filing of Form I-765 (EAD application with:
• Form I-539 (H-4 extension/change of status).
• Form I-129 (H-1B employer petition).
• USCIS will process Form I-765 after related petitions are adjudicated.

Documentation requirements

Comments:

• Commenters asked for clearer guidance on acceptable evidence for Form I-765 and how to get the required documents.

DHS Updates:

1. More guidance:

• Revised Form I-765 and instructions to make it clearer.
• Added checkbox for H-4 dependents to simplify processing.

2. Flexibility in documentation:

• Acceptable secondary evidence (e.g. affidavits) if primary evidence (e.g. original petitions) is not available.
• Applicants can also request documents from USCIS through FOIA.

Public concerns about volume, cost and integration

Integration and workforce concerns:

• DHS said the rule allows labor market entry for a small group and is in compliance with immigration laws.Expected outcomes:
• Financial stability for H-1B families.
• More income for local economies through employment.
• Less labor disruption for U.S. businesses that rely on H-1B workers.

Concurrent filings for employment authorization

What was asked:

• Commenters asked DHS to allow Form I-765 (Employment Authorization Application) to be filed with:
• Form I-140 (Immigrant Petition for Alien Worker).
• Form I-539 (Application to Extend/Change Nonimmigrant Status).

DHS Response:

• Allowed: Form I-765 with Form I-539 and if applicable, Form I-129 (H-1B Petition).
• Not allowed: Form I-765 with Form I-140.

Why Form I-765 can’t be filed with Form I-140:

• Different processing centers: Form I-140 and Form I-765 are processed at different USCIS locations.
• Separate eligibility processes: Determining the spousal relationship (required for H-4 eligibility) is not required for Form I-140 adjudication and complicates joint processing.

Premium Processing

What was asked:

• Premium processing for Form I-765 applications to speed up processing.

DHS Response:

• Denied:
• Operational challenges prevent us from meeting premium processing times for Form I-765.
• Premium processing is typically for employment petitions like H-1B, L-1 or E categories and select immigrant visa petitions.

Automatic extensions of work authorization

What was asked:

• Automatic 240-day extensions of work authorization after the current EAD expires.

DHS Response:

• Denied:
• Automatic extensions could allow H-4 spouses to work if their underlying H-4 or H-1B status extensions are denied.
• Recommendation: File all necessary forms (I-539, I-129, I-765) on time to avoid gaps in work authorization.

Filing fees

Key comments:

• Commenters mentioned fees:
• Some asked for fees to be waived for H-4 dependent spouses.
• Some said fees would generate revenue for USCIS.

DHS Response:

• No Fee Waivers:
• H-4 dependent spouses are married to employed H-1B workers so it’s unlikely they can’t pay the application fees.
• Fee waivers are available on a case-by-case basis as per 8 CFR 103.7(c)(3)(viii).

EAD restrictions for H-4 dependent spouses

Proposed restrictions:

• Caps on the number of EADs issued.
• Prohibit working in the same occupation or with the same employer as the H-1B spouse.
• Restrictions on specific employers or industries.

DHS Response:

• Denied All:
• The purpose of the rule is to retain highly skilled H-1B workers and their families by giving flexibility to H-4 spouses.
• Quotas, limits or restrictions would defeat this purpose.

Circular EADs

Issue:

• A commenter asked what would happen if spouses switch between H-1B and H-4 status to maintain EAD eligibility.

DHS Response:

• Not likely:
• Switching status would not help avoid the waiting period for LPR.
• LPR offers many advantages (e.g. unrestricted work, U.S. citizenship eligibility) over status changes.

Fraud and Public Safety Concerns

Key issues:

1. Resume or Credential Fraud:

• Commenters worried H-4 spouses would fake credentials.

2. Marriage Fraud:

• Concerns about marriages to get employment benefits.

3. Criminal Records:

• Request to exclude applicants with felony charges or convictions.

DHS Safeguards:

• Resume Fraud: Employers verify applicant credentials not DHS.
• Marriage Fraud: H-4 spouses must submit proof of marriage to the H-1B worker. Fraud detection measures include USCIS officer training and referrals for criminal investigations.
• Criminal Records: DHS will review on a case-by-case basis and deny if adverse findings.

Other Decisions

EAD validity:

• EAD will match H-4 spouse’s authorized stay (up to 3 years) so no need for frequent renewals.

EAD renewals:

• Renewal forms (I-765, I-539, I-129) can be filed up to 6 months in advance to avoid gaps in employment.

Simplified filing process:

• I-765 instructions clarified to include acceptable evidence for spousal relationship and status.
• Secondary evidence or affidavits allowed when primary evidence is not available.

No changes to H-1B program:

• Comments to eliminate or modify H-1B cap, flexible filing dates or exempt H-4 spouses from H-1B cap were outside the scope of this rulemaking and need congressional action.

Immigrant Visa Processing and Adjustment of Status

Public Comments:

• Over 30 commenters said:
• Eliminate worldwide visa quotas to reduce backlogs.
• Allow pre-registration of AOS applications even if visas are not available.
• Expedite for EB-2 and EB-3 categories.
• Issue one skilled worker visa per family unit instead of separate visas for family members.

DHS Response:

• These are outside the scope of this rulemaking as they would require changes to the immigration laws which can only be done by Congress.

H-1B Nonimmigrants and H-4 Dependent Status

Key points:

• H-1B status changes for H-4 spouse:
• H-4 dependent spouse’s employment authorization is dependent on the H-1B worker maintaining status.
• If the H-1B nonimmigrant loses status due to job loss or failure to extend status, the dependent spouse will also lose H-4 status and employment eligibility.

Environmental Considerations

Comments:

• 9 commenters raised concerns about population growth due to increased work authorizations.

DHS Analysis:

• Most of the people affected by this rule are already in the U.S. waiting for immigrant visas. This rule just speeds up their entry into the labor market and will not have significant environmental impacts.

Monitoring and Reporting

Public Comments:

• Some commenters asked DHS to:
• Track EAD adjudications for H-4 spouses.
• Publish annual reports on this rule.

DHS Response:

• DHS will keep records of all immigration benefits and will include H-4 EAD in the existing annual reporting.

Rule Effective Date

Public Comments:

• Many commenters wanted the rule to be effective immediately. Some wanted a sunset provision to review after a certain period of time.

DHS Decision:

• Effective 90 days from publication (May 26, 2015).
• A sunset provision was not practical as it would create unequal employment authorization validity periods.

Regulatory Impact Analysis

Key Points:

• Unfunded Mandates Reform Act of 1995:
• This rule will not impose unfunded mandates on state, local or tribal governments or private sectors over $155 million annually (adjusted for inflation).
• Small Business Regulatory Fairness Act of 1996:
• This rule will not cause economic disruption, increase cost or price or negatively impact competition or productivity.

Population Impact and Volume Estimates

Current Backlog:

DHS estimates:

• 179,600 H-4 dependent spouses will be eligible to apply for employment authorization in the first year.

New Eligibility per Year:

• 55,000 H-4 spouses.

Methodology:

• Data includes:
• Approved I-140s (employment-based immigrant petitions).
• H-1B extensions granted under AC21.

Key Assumptions:

• Historical H-1B data shows most applicants in these categories will adjust status in the U.S.
• Upper-bound estimate accounts for marital status and visa processing conditions.

Applicant Costs

Costs:

• Each applicant will pay:
• $380 I-765 filing fee.
• $56.18 for passport-style photos and time-related expenses.
• Total cost per applicant: $436.18.

Long-term Cost Projections:

• Year 1:
• 179,600 applicants: $78.3 million.
• Subsequent years:
• 55,000 applicants: $24 million.
• 10 years: $219 million – $257 million (depending on discount rate).

Broader Economic and Social Benefits

Benefits:

• Financial independence for H-4 spouses.
• H-1B family integration into U.S. communities.
• Retention of high-skilled talent for economic growth, innovation and competitiveness.

Costs related to H-4 EAD

1. Applicant Costs

H-4 dependent spouses applying for employment authorization will incur the following costs:

• Filing Fees:
• The I-765 filing fee for an H-4 EAD is $410 (up from $380 as USCIS increased fees recently).
• Two passport-style photos: $20.
• Time Costs:
• Filing I-765 takes approximately 3 hours and 25 minutes (DHS estimate).
• Opportunity Cost of Time:
• DHS uses the federal minimum wage of $7.25 per hour. Adjusted for benefits (paid leave, insurance, retirement) to $10.59 per hour.
• Opportunity cost per applicant: $36.18.
• Total Costs per Application:
• Fees + photos + opportunity cost = $466.18.

2. Total Costs

• Year 1:
• 179,600 applicants: $83.7 million.
• Subsequent years:
• 55,000 applicants: $25.6 million.

3. Renewals

• Renewals will cost the same: $466.18 per application. But the number of renewals will depend on the availability of employment-based green cards which varies by preference category and country of origin.

Cost to the Federal Government

• Fee-Based Funding:
• USCIS fees are designed to fully recover costs of adjudication, including overhead.
• So there is no additional cost to the federal government from the H-4 EAD program.

Economic and Geographic Impacts

1. U.S. Labor Market

• Labor Force Entry:
• 179,600 in year 1. 55,000 in subsequent years.
• That’s 0.1156% of the total U.S. civilian labor force (2013 data: 155.4 million).
• Top States:
• States with the most H-1B visa holders (California, New York, Florida, Texas, New Jersey) will be most impacted.
• Projected first-year workforce additions:
• California: 35,920 (0.19% of state labor force).
• New York: 25,144.
• Florida: 17,960.
• Texas: 16,164.
• New Jersey: 8,980.

2. Wider Impacts

• The program doesn’t introduce new workers into the U.S. economy but accelerates their entry into the labor market. This may help retain high-skilled workers by keeping families in the U.S. instead of leaving due to long green card waits.

Benefits of H-4 EAD

1. Economic Benefits

• Financial Relief for Families:
• Allowing spouses to work reduces financial burden on H-1B families and makes it easier to manage the cost of living in the U.S.
• Talent Retention:
• By supporting H-1B families, H-4 EAD helps retain high-skilled professionals in the U.S., technology, research and entrepreneurship.
• Global Standards:
• The U.S. is joining Canada and Australia which allow spousal work permits for temporary visa holders, making it more competitive in attracting global talent.

2. Social Benefits

• Integration into American Society:
• Employment opportunities lead to socio-economic advancement which correlates with better cultural integration for immigrant families.

Regulatory Impacts

1. Alternatives Considered

DHS considered several options before finalizing the H-4 EAD program:

• Broad Eligibility for All H-4 Spouses:
• Rejected because it would allow work authorization for spouses of H-1B holders not pursuing green cards, watering down the program.
• Limited Eligibility:
• Considered restricting eligibility to only H-4 spouses of H-1B holders with extensions under AC21 (H-1B extensions beyond the 6-year limit). But that was deemed too narrow and not enough to address the green card backlog.

2. Final Eligibility Criteria

• Work authorization is available to H-4 spouses of H-1B holders who:
• Have approved I-140 petitions, or
• Have H-1B extensions under AC21.

3. Regulatory Changes

• Update to Form I-765:
• The form now has a checkbox for H-4 dependent spouses, making it easier to process and reducing errors.
• Concurrent Filing:
• Eligible applicants can file Form I-765 with Form I-539 (H-4 status changes), faster adjudication.

1. Public Comments

• Over 180 comments raised issues like:
• Filing and renewal process.
• Premium processing for Form I-765.
• Fraud and documentation requirements.

2. DHS Response

• Premium processing is not available for H-4 EAD due to resource constraints.
• Applicants do not need to demonstrate financial necessity.

Projected Outcomes and Long-Term Impact

• Green Card Pursuits:
• By relaxing work restrictions, H-4 EAD encourages families to stay in the U.S. while waiting for green cards.
• Talent Retention:
• So workers don’t abandon the process. The rule: overposting<

The Rule

 

Accordingly, DHS amends chapter I of title 8 of the Code of Federal Regulations as follows:

PART 214—NONIMMIGRANT CLASSES

1. The authority citation for part 214 continues to read as follows:

Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305 and 1372; sec. 643, Public Law 104-208, 110 Stat. 3009-708; Public Law 106-386, 114 Stat. 1477-1480; section 141 of the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901 note and 1931 note, respectively; 48 U.S.C. 1806; 8 CFR part 2.

2. Section 214.2 is amended by revising paragraph (h)(9)(iv) to read as follows:

§ 214.2

Special requirements for admission, extension, and maintenance of status.

*

(h) *

(9) *

(iv) H-4 dependents. The spouse and children of an H nonimmigrant, if they are accompanying or following to join such H nonimmigrant in the United States, may be admitted, if otherwise admissible, as H-4 nonimmigrants for the same period of admission or extension as the principal spouse or parent. H-4 nonimmigrant status does not confer eligibility for employment authorization incident to status. An H-4 nonimmigrant spouse of an H-1B nonimmigrant may be eligible for employment authorization only if the H-1B nonimmigrant is the beneficiary of an approved Immigrant Petition for Alien Worker, or successor form, or the H-1B nonimmigrant’s period of stay in H-1B status is authorized in the United States under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), Public Law 106-313, as amended by the 21st Century Department of Justice Appropriations Authorization Act, Public Law 107-273 (2002). To request employment authorization, an eligible H-4 nonimmigrant spouse must file an Application for Employment Authorization, or a successor form, in accordance with 8 CFR 274a.13 and the form instructions. If such Application for Employment Authorization is filed concurrently with another related benefit request(s), in accordance with and as permitted by form instructions, the 90-day period described in 8 CFR 274.13(d) will commence on the latest date that a concurrently filed related benefit request is approved. An Application for Employment Authorization must be accompanied by documentary evidence establishing eligibility, including evidence of the spousal relationship and that the principal H-1B is the beneficiary of an approved Immigrant Petition for Alien Worker or has been provided H-1B status under sections 106(a) and (b) of AC21, as amended by the 21st Century Department of Justice Appropriations Authorization Act, the H-1B beneficiary is currently in H-1B status, and the H-4 nonimmigrant spouse is currently in H-4 status.

*

PART 274a—CONTROL OF EMPLOYMENT OF ALIENS

3. The authority citation for part 274a continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1324a; Title VII of Public Law 110-229; 48 U.S.C. 1806; 8 CFR part 2.

4. Section 274a.12 is amended by adding a new paragraph (c)(26), to read as follows:

§ 274a.12

Classes of aliens authorized to accept employment.

*

(c) *

(26) An H-4 nonimmigrant spouse of an H-1B nonimmigrant described as eligible for employment authorization in 8 CFR 214.2(h)(9)(iv).

*

5. Section 274a.13 is amended by revising the first sentence of paragraph (d), to read as follows:

§ 274a.13

Application for employment authorization.

*

(d) Interim employment authorization. USCIS will adjudicate the application within 90 days from the date of receipt of the application, except as described in 8 CFR 214.2(h)(9)(iv), and except in the case of an initial application for employment authorization under 8 CFR 274a.12(c)(8), which is governed by paragraph (a)(2) of this section, and 8 CFR 274a.12(c)(9) in so far as it is governed by 8 CFR 245.13(j) and 245.15(n). *

*

Jeh Charles Johnson,

Secretary.

 

Background on Save Jobs USA Litigation

Regardless of what Trump does in 2025 on the H-4 EAD, there will likely be extensive litigation in feeral courts. Becoming familiar wtih the history of the litigation will be helpful in understanding how future lititation may play out.

D.C. Circuit Affirms District Court’s Grant of Summary Judgment to DHS in Save Jobs USA v. DHS H-4 EAD Litigation

8/2/24  AILA Doc. No. 15052675. Business Immigration, H-1B & H-1B1 Specialty Occupation

August 2, 2024

The D.C. Circuit affirmed the district court’s decision awarding summary judgment to DHS, holding that Save Jobs USA had not meaningfully distinguished the case from binding precedent in Washington Alliance of Technology Workers v. DHS, in which the court held that the 2016 STEM Optional Practical Training (OPT) regulations were within DHS’s statutory authority to set the time and conditions of F-1 admission. The court reasoned that its recent decision in WashTech interpreted the INA to authorize immigration-related employment rules like the H-4 EAD rule, and that Save Jobs USA had made little effort to dispute that reading of WashTech. (Save Jobs USA v. DHS, et al., 8/2/24)

February 8, 2024

After SCOTUS denied cert. in Save Jobs USA v. DHS, et al., the plaintiffs appealed to the DC circuit court. AILA and AIC filed an amicus brief urging the circuit court to affirm the district court decision granting summary judgment.

The amici brief counters appellant’s argument that DHS does not have the authority to permit certain H-4 spouses to work by providing a detailed explanation of the shared congressional and executive responsibility in the INA that the executive followed for almost 35 years in authorizing work for certain categories of noncitizens and its subsequent ratification in 1986 when Congress explained that a noncitizen was “unauthorized” for purposes of the new employment verification provisions if not “authorized to be so employed by this Act or by the Attorney General.” 8 U.S.C. § 1324a(h)(3)(B).

October 30, 2023

The U.S. Supreme Court denied the petition for a writ of certiorari before judgment, leaving in place the March 2023 ruling from the U.S. District Court for the District of Columbia granting summary judgment in favor of DHS. Justice Kavanaugh took no part in the consideration or decision of the petition. (Save Jobs USA v. DHS, et al., 10/30/23)

 

March 28, 2023

Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia granted DHS’s motion for summary judgment, concluding that DHS possessed the requisite statutory authority to issue the H-4 EAD rule, and that the plaintiff had failed to demonstrate that the H-4 EAD rule was arbitrary and capricious. (Save Jobs USA v. DHS, et al., 3/28/23)

 

April 2, 2021

On April 2, 2021, Save Jobs USA filed its second renewed motion for summary judgment in the U.S. District Court for the District of Columbia. The updated court schedule is provided below:

May 3 – Defendant’s combined opposition and cross-motion
May 17 – Intervenor’s combined opposition and cross-motion
May 31 – Plaintiff’s combined oppositions and replies
June 14 – Defendant’s reply
June 28 – Intervenor’s reply

February 2, 2021

In light of recent executive and administrative actions, on February 2, 2021, Judge Chutkan ordered a joint status report due by March 5, 2021, advising the court: 1) whether the current dispute has been mooted or the parties anticipate that it will be mooted; 2) whether the parties wish to stay this action for any reason, including the parties’ negotiations over resolving this dispute; or 3) whether the parties agree that this litigation should continue as anticipated pursuant to the federal rules, local rules or a scheduling order.

October 5, 2020

On October 5, 2020, the parties provided a joint status report to the court. In the joint status report, DHS stated “[A]lthough DHS formally submitted the proposed rule, titled Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization (“H-4 EAD proposed rule”) to both the Office of Management and Budget (“OMB”) and Office of Information and Regulatory Affairs (“OIRA”) for review under Executive Order 12866 on February 20, 2019, this proposed rule is still in the same stage due to urgent competing priorities that have arisen during the COVID-19 pandemic.”

Save Jobs asked to move promptly for summary judgment. Immigration Voice (Intervenors) asked for a stay until after the Presidential election.

 

November 8, 2019

The court reversed the U.S. District Court for the District of Columbia’s 2016 grant of summary judgment in favor of DHS, concluding that Save Jobs USA had demonstrated that DHS’s H-4 EAD rule would subject its members to an actual or imminent increase in competition, and that it therefore has standing to pursue its challenge. (Save Jobs USA v. DHS, 11/8/19)

 

September 16, 2019

In a letter to the court, DHS states that,
“The proposed rule is currently undergoing the interagency process as required by Executive Order 12866. As previously indicated, DHS’s intention to proceed with publication of the H-4 EAD proposed rule remains unchanged. At this point, DHS has informed counsel that it believes the earliest possible publication date for that rule would be in spring 2020. Although that timeframe is aspirational, DHS believes that the September 27, 2019 oral argument should be removed from the calendar and postponed and DHS ordered to provide status updates in accordance with a schedule the Court deems appropriate.” (emphasis added)

In a response to order to show cause, Save Jobs USA argued that the appeal should move forward and that the court should hold oral argument as scheduled.

Immigration Voice, Sudarshana Sengupta, and Anuj Dhamija, submitted a letter, arguing that “based on prudential considerations and in the interest of judicial economy the oral argument should be removed from the argument calendar and indefinitely postponed.”

 

March 13, 2019

On March 13, 2019, the D.C. Circuit Court of Appeals granted the appellee’s consent motion for a 14-day enlargement of all parties’ briefing deadlines. The following revised briefing schedule will now apply in this case:

• Appellee’s Brief – April 1, 2019
• Intervenor for Appellee’s Brief – April 8, 2019
• Appellant’s Reply Brief – April 29, 2019

(Save Jobs USA v. DHS, 3/13/19)

 

January 23 , 2019

On January 23, 2019, the D.C. Circuit Court of Appeals granted the appellee’s motion for an enlargement of all parties’ briefing deadlines. The following revised briefing schedule will now apply in this case:

• Appellee’s Brief – March 18, 2019
• Intervenor for Appellee’s Brief – March 25, 2019
• Appellant’s Reply Brief – April 15, 2019

(Save Jobs USA v. DHS, 1/23/19)

 

December 17 , 2018

On December 17, 2018, the D.C. Circuit Court of Appeals granted a motion to intervene that Immigration Voice, a non-profit organization, filed with the court in March 2017. The court also ordered the case to be removed from abeyance and directed the clerk to enter a briefing schedule. The following briefing schedule will apply in this case:

• Appellant’s Replacement Brief & Appendix – January 16, 2019
• Appellee’s Brief – February 15, 2019
• Intervenors for Appellee’s Brief – February 22, 2019
• Appellant’s Reply Brief – March 15, 2019

(Save Jobs USA v. DHS, 12/17/18)

 

September 21, 2018

DHS submitted a status report in the case, which is still being held in abeyance. The status report indicates that DHS’s intention to proceed with publication of an NPRM concerning the H-4 EAD Rule remains unchanged and that DHS continues to proceed in line with that intention. Since the filing of the status report on 8/20/18, DHS senior leadership has reviewed the proposed rule and returned it to USCIS this month for revisions. When the necessary revisions are incorporated, USCIS will return the proposed rule to DHS for final clearance and submission to OMB. DHS anticipates that the rule will be submitted to OMB within three months. (Save Jobs USA v. DHS, 9/21/18)

 

August 20, 2018

DHS submitted a status report in the case, which is still being held in abeyance. The status report indicated that final DHS clearance of the proposed rule to remove from regulations certain H-4 spouses of H-1B nonimmigrants as a class of noncitizens eligible for employment authorization is ongoing. Senior levels of DHS leadership are actively considering the terms of the proposed rule for approval. Once it is cleared through DHS, it will be sent to the Office of Management and Budget (OMB) for review. (Save Jobs USA v. DHS, 8/20/18)

 

May 22, 2018

DHS submitted a status report in the case, which is still being held in abeyance. The status report indicated that the proposed rule to remove from regulations certain H-4 spouses of H-1B nonimmigrants as a class of noncitizens eligible for employment authorization is currently in final DHS clearance. Once it is cleared through DHS, it will be sent to the Office of Management and Budget for review. (Save Jobs USA v. DHS, 5/22/18)

 

February 28, 2018

DHS submitted a status report in the case, which is still being held in abeyance. The status report indicated that DHS intends to publish a Notice of Proposed Rulemaking to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of noncitizens eligible for employment authorization by June 2018. (Save Jobs USA v. DHS, 2/28/18)

According to USCIS data, 104,750 H-4 spouses have received employment authorization under the current H-4 employment authorization rule, which was published at 80 FR 10284 on 2/25/15.

 

November 17, 2017

The D.C. Circuit Court of Appeals granted the government’s motion to hold proceedings in abeyance pending further order of the court and denied the motion to reschedule briefing and oral argument. Parties were directed to file motions to govern further proceedings by January 2, 2018.

 September 27, 2017

DHS filed a motion to hold proceedings in abeyance through December 31, 2017. (Save Jobs USA v. DHS, 9/27/17)

 

September 20, 2017

Save Jobs USA filed a motion to reschedule briefing and oral argument.

 

June 23, 2017

The D.C. Circuit Court of Appeals granted the government’s motion to hold the proceedings in abeyance and denied the motion to reschedule briefing and oral argument. Parties were directed to file motions to govern further proceedings by September 27, 2017.

 

April 3, 2017

The government filed a motion with the D.C. Circuit Court of Appeals requesting that the court hold the proceedings in abeyance for 180 days, up to and including September 27, 2017, to permit DHS to reconsider the H-4 EAD rule and whether it should revise the rule through notice-and-comment rulemaking. (Save Jobs USA v. DHS, 4/3/17)

 September 27, 2016

The U.S. District Court for the District of Columbia granted summary judgment in favor of DHS, holding that Save Jobs USA lacked Article III standing to challenge DHS’s H-4 EAD rule.

 

May 24, 2015

Memorandum opinion denying Save Jobs motion, finding that Save Jobs failed to show it would suffer irreparable harm absent preliminary relief.

 

April 23, 2015

A group of tech workers formed by Americans who were employed at Southern California Edison, filed a complaint for declaratory and injunctive relief and a motion for preliminary injunction staying the implementation of USCIS’s final rule on employment authorization for certain H-4 dependent spouses.

H-4 EAD FAQs under Trump Policies 2025

H-4 EAD General Questions

1. What is H-4 EAD?
   H-4 EAD (Employment Authorization Document) is a benefit given to H-4 visa holders who are spouses of H-1B workers. They can work, start a business or freelance in the US if their H-1B spouse is pursuing employment based green card and has I-140 approved or has extended H-1B beyond 6 years under AC21 rules.
2. Why is H-4 EAD important?
   Thousands of skilled professionals, especially women, can contribute to the US workforce. It helps families to maintain financial stability and US employers to retain global talent.
3. Why is there concern about H-4 EAD?
   During Trump’s first term, the administration tried to rescind the program multiple times, claiming it creates job competition for US workers. If Trump is back in office in 2025, similar attempts to eliminate the program may resurface and create uncertainty for current and future EAD holders.
4. How will elimination of H-4 EAD affect US businesses?
   Removal of H-4 EADs will create major disruptions in industries like IT, healthcare, engineering and education as many H-4 EAD holders are highly skilled professionals in these fields.
5. What was the outcome of previous attempts to eliminate H-4 EAD?
   Attempts to rescind the program were met with lawsuits and delays. Advocacy groups, legal challenges and economic arguments prevented the Trump administration from ending it.

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Legal and Preparatory Steps

1. What to do if I have H-4 EAD now?

• Renew Early: Renew your H-4 EAD as soon as possible to get employment authorization for the maximum period.
• Explore Alternatives: Work with an immigration attorney to find other visa options or prepare for independent work authorization.
• Stay Informed: Monitor USCIS announcements and immigration policy changes.

2. What are the alternatives if H-4 EAD is rescinded?

• H-1B Visa: Apply for a work visa through employer sponsorship but keep in mind the lottery cap and job specific requirements.
• F-1 Student Visa: Transition to F-1 visa for education and potentially use OPT to work in the US.
• Green Card Process: Explore ways to get lawful permanent residency through employer or family sponsorship.
• International Work Options: Work remotely for a foreign employer if it complies with US immigration laws.

3. Can Immigration Attorneys help with H-4 EAD holders contingency planning?
   Yes, experienced immigration lawyers can assist with:

• Renewing H-4 EADs and dealing with delays.
• Finding work authorization alternatives.
• Creating a long term immigration strategy to get legal work status.

4. What if my H-4 EAD renewal is pending when the program is rescinded?
   Pending applications are usually processed under the laws in effect at the time of filing. But policy changes can affect processing times. Seek legal advice immediately.

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Work and Employment Issues

1. What happens to my current job if H-4 EAD is rescinded?
   If the program is rescinded, you will not be able to work when your current EAD expires. Employers will face compliance issues so plan with your employer proactively.
2. Can I apply for H-1B visa to continue working?
   You can transition to H-1B visa but it has hurdles including H-1B cap, employer sponsorship and proof of specialty occupation.
3. Can I freelance or consult if my EAD is rescinded?
   Freelancing or consulting requires legal work authorization. Without EAD or alternative visa, such work will be illegal and compromise your status.
4. What are the options for work continuity?

• Transition to H-1B visa through employer sponsorship.
• O-1 visa if you have extraordinary skills in your field.
• Temporary unpaid roles to keep professional engaged until work authorization is secured.

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Family and Personal Issues

1. How will a H-4 EAD rescission affect families financially?
   Families dependent on dual incomes will be financially strained, H-1B workers may have to go back to their home country or find alternative solutions.
2. Does H-4 EAD rescission affect dependent children?
   Not directly but loss of income or inability to maintain US residency will disrupt their education and stability.
3. Can I still study if my H-4 EAD is rescinded?
   Yes, H-4 visa holders can study in the US without work authorization. But you will face financial challenges without the ability to work.

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Policy Questions

1. How long will it take to rescind the H-4 EAD program?
   Rescinding the program requires regulatory processes, public notice, comment periods and potential legal challenges. So it will take time.
2. Can advocacy efforts save the H-4 EAD program?
   Yes, public comments, lawsuits and advocacy by organizations like Save H-4 EAD have delayed or stopped attempts to end the program.
3. What role do lawsuits play in saving H-4 EAD?
   Legal challenges argue that rescinding the program will harm families, disrupt industries and exceed administrative authority. These cases can delay policy changes.

---

Long term Immigration Strategies

1. Should I start green card process now to avoid future uncertainty?
   Yes, starting green card process is a long term solution. If your H-1B spouse has an approved I-140, consult with an attorney to file for adjustment of status or independent green card application.
2. What should I do for 2025 policy changes?

• Renew your EAD as soon as possible.
• Consult with an immigration attorney for alternative work options.
• Build a financial contingency plan for potential employment authorization gaps.

3. Is there any precedent for reversing H-4 EAD rescission?
During Trump administration, lawsuits and public opposition stopped the program from being rescinded. Advocacy and legal challenges may play a role again.

4. Can I switch to another visa if H-4 EAD is ended?
   H-1B, O-1 or L-1 visas may be an option but depends on your qualifications, employer sponsorship and other factors.

---

Special Cases

1. Which industries will be impacted by H-4 EAD rescission?
   Technology, healthcare, education and finance industries may face talent shortage as many H-4 EAD holders are professionals in these fields.
2. My employer wants to sponsor me for H-1B?
   Employer sponsorship for H-1B visa is an option but it’s a lottery and has strict qualifications. Start the process early to increase your chances.
3. What happens to my spouse’s H-1B status if H-4 EAD is ended?
   H-1B status of your spouse is not directly affected by H-4 EAD changes. But losing dual income may impact the family’s ability to stay in US.
4. What’s the long term outlook for H-4 EAD?
   Biden administration supported the program but its future depends on political leadership and policy priorities. Advocacy and legal strategies will continue to play a role.

CONCLUSION

If you are on H-4, navigating work authorization and preparing for potential changes under a Trump administration requires expertise. Herman Legal Group has the experience and personal attention to help you understand your rights, H-4 EAD options and alternative paths to work authorization. With a history of advocating for immigrants through changing regulations, their team will provide you with current and customized legal strategies for your situation. By working with Herman Legal Group you will feel at ease and have a plan for your professional and personal life in the US.

Related Resources

• USCIS Final Rule on Employment Authorization for Certain H-4 Dependent Spouses
• USCIS Started Accepting Applications for Employment Authorization for Certain H-4 Dependent Spouses
• Congressional Research Services, 2018, H-4 EAD

F1 Visa: What Does Trump 2.0 Mean for International Students?

With Trump re-elected to be President and prepared to be inaugurated on January 20, 2025, F-1 international students in the US are getting worried about being able to continue their studies and get post-graduation opportunities.

The uncertainty around immigration policies has created anxiety and fear on campuses, especially for students from countries that have been affected by US visa rules in the past. This will impact how international students apply, maintain and extend their student visas and the US higher education landscape.

This article explains the impact of Trump’s immigration policies on international students, universities and global talent and provides practical advice to help you navigate this situation.

Student and Work Visa Basics

• F-1 and J-1 Student Visa: The most common visa for international students, requires proof of admission, financial stability and intent to go back home after graduation. These student visa rules are subject to change under different administrations, impacting the eligibility and application process for international students.

• OPT (Optional Practical Training): A program that allows students to work up to 12 months after graduation (up to 36 months for STEM students).

• H-1B Visa: A highly competitive work visa, 114,017 granted in 2024 out of 442,000 applications (~26%).

Visa and Economic Barriers

Average cost of studying in a U.S. university is $40,000 per year, too high for many students.

• Visa denials based on intent to stay in the U.S. adds to the complexity, despite many students meeting the requirements.

Despite their contributions to academia and U.S. economy, many students face challenges in navigating a complex and limited visa system. Students are not only worried about getting an F-1 student visa but also about transitioning from OPT to H-1B and maintaining their immigration status.

The Stakes: Why International Education Matters

Current Situation

• 1.05 million international students in U.S. institutions during 2022-2023 academic year, 5.6% of total student population.

International students’ economic impact is huge:

• $40 billion to the U.S. economy annually.

• 370,000 jobs supported by their presence.

• 100,000 foreign students graduate from U.S. universities every year.

• China and India are the largest source of international students, but Africa is the fastest growing demographic.

Not Evenly Distributed Across States

• States like California, New York and Massachusetts benefit the most from international students, with billions of dollars.

• Smaller states and Republican led states like Texas and Florida also benefit economically, showing international education has a broad impact.

Beyond Numbers

International students bring diversity to campuses and a pipeline of skilled workers to key industries, especially STEM fields. Their enrollment also boosts the global reputation of U.S. higher education.

1. Global Talent Shift

Stricter immigration policies could lead to a big “brain drain” effect:

• Students may choose to study in more open countries. Stricter policies could severely impact international students’ ability to study in the U.S., forcing them to seek education in more welcoming countries.

• This would deprive the U.S. of future leaders in tech, business and science.

2. Economic Growth

International students are key to:

• Research and development projects.

• Entrepreneurship,many startups founded by former international students.

• Filling skills gap in high demand fields.

Restricting international student visas also will harm the U.S. economy in the long run.

Presidential Power

A U.S. president has a lot of power over visa policies, often through executive actions that can:

• Direct consular officers to tighten or loosen visa approval standards.

• Allocate resources that impact processing times and application backlogs.

• Shape the perception of U.S. as a welcoming country for international students.

Under the incoming Trump administration, changes to these programs will limit job opportunities and make it harder for international graduates

Why Students Are Worried

1. Day-One Immigration Restrictions

• Trump administration’s history of quick immigration decisions has raised concerns that new restrictions will take effect on January 20, 2025 itself.

• In response, some colleges are advising international students to come back to campus before the inauguration to avoid travel bans or stricter entry requirements.

2. History of Stricter Visa Policies

During Trump’s previous presidency there was:

• Higher visa rejection rates, especially for students from developing countries or Muslim majority countries.

• More scrutiny of visa applications, including additional interviews and background checks.

• Policies targeting countries with strained relations with U.S. like Uzbekistan, Ukraine and China.

The Department of Homeland Security (DHS) played a significant role in implementing these stricter visa policies, citing national security concerns.

Many students are worried about their ability to renew or maintain their visas under Trump’s second term.

Project 2025

One clue on what the new administration will do on immigration can be found in Trump’s new agenda “Project 2025” means more immigration cuts. It includes:

• Merit-based immigration system.

• Stricter visa approval criteria.

• Reduction in family reunification and refugee resettlements.

These will impact international students who want to study in the U.S.

Know the Past to Understand the Future

As Albert Einstein, one of the most famous and accomplished American immigrants, said:

“If you want to know the future, look at the past”

F-1 policies under Trump I tells us what to expect from Trump II.

F-1 policies shows a big difference between Trump and Biden administration

The Trump Legacy

Restrictive Policies

During his first term (2017-2021), Donald Trump introduced:

• Stricter F-1 Visa Processing: Longer delays and higher denial rates for F-1 student visas discouraged many students.

• Eliminate D/S. On September 28, 2020, DHS tried to shorten F, J and I visa durations to 2 or 4 years and replace the “duration of status” policy

• 2-Year Max: The proposed rule also wanted to limit the maximum student visa to 2 years for students from countries with: High visa overstay rates (above 10%) (mostly in Africa and parts of Asia) and countries designated as state sponsors of terrorism (e.g. Iran, Syria, Sudan and N. Korea)

• Limit Grace Period. The proposed rule wanted to limit the grace period for F-1 visa holders to leave the U.S. after completing their studies to 30 days from 60 days.

• Limit Language Schools. Students in language training programs would be limited to a maximum stay of 24 months, including breaks and vacations.

• Online Class Restrictions: During the pandemic, the administration tried to force international students to leave the U.S. if their classes were online, but this was later rolled back after lawsuits from universities.

• OPT Challenges: In his last days in office, his administration proposed to limit OPT, which could come back in a second term.

• H-1B Restrictions: Trump wanted to reduce the number of H-1B visas issued, citing American job competition.

• “High-Risk” Countries”: Visa restrictions affected students from countries considered U.S. adversaries, especially China. A 2020 Trump executive order banned certain Chinese students and researchers linked to China’s “military-civil fusion strategy” from entering the U.S. The Biden administration kept this policy, visas during heightened U.S.-China tensions, showing bipartisan concerns on Chinese immigration.

• The “Muslim Ban”: This executive order temporarily blocked individuals from several Muslim majority countries, including Iran, Iraq and Syria from entering the U.S. Many schools saw a big decline in Iranian students and scholars during this period.

• Unlawful Presence Bar: In 2018,Trump administration issued a policy memo changing how unlawful presence is calculated for F, J and M visa holders: Under the new policy, F-1 students would start accruing unlawful presence the day after they violate their status (e.g. working without authorization or not maintaining a full course load). Accruing more than 6 months and 1 year of unlawful presence would trigger the 3- and 10-year bars.

• End DACA: Special protections for young undocumented immigrants

• “Zero-Tolerance” Policy: Led to family separations at the U.S.-Mexico border.

Most of these were rolled back but left a lasting impact on international students and educators. Along with anti-immigration rhetoric, these policies created an impression that the U.S. was not welcoming to international students and immigrants. This likely contributed to the decline in international student enrollment during his first term.

These were part of Trump’s broader goal to limit immigration and national security.

Legal Challenges with Universities

• In 2020, Immigration and Customs Enforcement (ICE) issued a policy to deport international students in fully online programs.

• Harvard and MIT sued the governmentand the policy was withdrawn.

• Then-Harvard President Lawrence S. Bacow called the policy “reckless and cruel” highlighting the administration’s tough stance on immigration.

H-1B Work Visas

H-1B visa is key for international graduates to transition to long-term employment in the U.S.

Trump Administration’s Record

• Increased Denials: H-1B visa denial rates went up during his first term to 24% compared to 4% under Biden.

• Backlogs and Delays: Under Trump, visa processing was slowed down and many students were left in limbo.

• H-4 Spousal Work Permits: Trump administration tried to rescind work authorizations for H-4 visaholders which could come back in a second term.

Impact On Students & Colleges

In Trump’s first term, international students faced:

• Immigration Policy Uncertainty: Travel ban and proposed OPT restrictions caused anxiety among students and families.

• Enrollment Decline: Between 2016 and 2018, new international student enrollment declined by 3%, 7% and 1% with some institutions like Illinois Institute of Technology seeing a 25% decline in international enrollment.

• “America First” Rhetoric: Trump’s focus on American workers worried international graduates about their career prospects.

The impact was not limited to campuses but extended to the broader economy as international students bring in billions in tuition and fees and are key to innovation-driven sectors.

Trump’s second term will bring challenges for F-1 visa students and others. Here are some of the potential changes to watch out for:

Changes Under Trump 2.0 That Can Affect International Students

More Focus on Security

Experts say immigration policies under a second Trump administration will be more security-focused. Student mobility will be seen as a security threat rather than an opportunity to develop the world or grow the economy.

Changes to OPT and STEM OPT Extensions

Current Situation

OPT allows international students to work in the U.S. for one year after college graduation, with STEM students eligible for a two-year extension. The U.S. Supreme Court upheld STEM OPT extension in October 2023 and gave relief to students and universities.

What’s Likely Changing?

Trump’s previous administration tried to:

• Limit OPT duration

• Eliminate or restrict STEM OPT, citing competition for American workers.

With Trump back in office, these policies will be revisited under his “Buy American, Hire American” agenda:

Restricting OPT will:

• Disrupt individual career paths by limiting opportunities for graduating students who depend on work experience

• Undermine the U.S. as a global technology leader.

Higher Denial Rates for H-1B and H-4 Visas

H-1B Visa

Under Trump’s first term:

• H-1B denial rate was 24% vs 4% under Biden.

• Requests for Evidence (RFEs) tripled, causing delays and uncertainty for employers and applicants.

H-4 Visa

H-4 visas, issued to H-1B spouses, allow work authorization under an Obama-era rule. This was threatened during Trump’s first term and can be revisited.

Shorter F-1 Visa Stays

Current rule allows international students to stay in the U.S. as long as they maintain their student status (“duration of status”). In 2020, Trump proposed:

• Limit student visa stay to 4 years (or 2 years for certain countries).

• Add administrative and financial requirements for extensions.

For students with degrees longer than 4 years (e.g. PhDs), this will create uncertainty and additional costs.

China as a Target

Students from China, already affected by previous visa restrictions, will be under even more scrutiny under policies influenced by U.S.-China tensions. Experts say this can be a chance for selective denials to further strain academic ties. Chinese students who make up about one-third of all international students in the U.S. will be under more scrutiny under U.S.-China tensions

High Risk Countries:  More Vetting

Trump has promised “extreme vetting” of immigrants and it will likely extend to international students. More extensive and time-consuming background checks will be required. Students from “high-risk” countries (e.g. China, Iran, certain Middle Eastern countries) will face more vetting procedures and higher denial and delay rates. Students will need more documentation and universities will have to write appeal letters. These heightened vetting procedures have raised significant visa concerns among international students, particularly those from high-risk countries.

Higher Denial Rates

Experts predict F-1 and H-1B denials will increase, especially for students from Africa and Asia. African students already have disproportionately high visa denial rates and it will get worse under a stricter immigration regime. Almost 50,000 students from sub-Saharan Africa study in the U.S. each year and the region saw an 18% increase in student flows in 2022-23.

Return of Unauthorized Presence Rule

Previously, F-1 students only started accruing unauthorized presence after a formal determination by USCIS or an immigration judge.

Trump could go back to the 2018 rule which would:

• Make it easier for students to unintentionally accrue unauthorized presence and trigger the 3- and 10-year bars.

• Create chaos among international students and universities as minor infractions would result in severe penalties.

The policy was opposed by universities, immigration advocacy groups and legal experts who argued it undermined the “duration of status” flexibility that F-1 students relied on. Several lawsuits were filed and in 2020, a federal judge blocked the policy saying it was inconsistent with existing immigration law.

Challenges with F-1 Visa Renewal and Student Visa Rules

With increased administrative processing, scrutiny and background checks, students who need to extend their F-1 visa will be uncertain. F-1 students who are in the U.S. but whose prior F-1 visa has expired will need to re-apply for the F-1 visa in their home country if they want to travel outside the U.S. and re-enter on F-1 status.

Funding for Professional Programs

Trump’s threat to eliminate the U.S. Department of Education and his restrictionist policies on international student and scholar programs have many internationals worried about funding programs that support their studies and work in the U.S.

Opportunities Amid Challenges

Despite the uncertainty, Trump’s policies could have some benefits:

• Trump’s Green Card Promise for Graduates. Trump said he would give green cards to international students graduating from U.S. universities. While it would attract talent, it came with conditions:

Graduates would have to undergo “aggressive vetting.”

Priority would be given to high-skilled individuals without displacing American workers.

If done, this policy could be as good as Canada and UK’s post-graduation immigration pathways and make the U.S. a competitive destination for top global talent.

• Economic Growth Policies: Tax cuts and deregulation would create new jobs, benefit international graduates in IT, pharmaceuticals and manufacturing.

• U.S.-India Relations: Trump’s relationship with Indian Prime Minister Modi could be good for Indian students and professionals.

Student Testimonials Show the Challenges

International students are resourceful, hardworking and in a way, very entrepreneurial.

Despite the concerns about Trump, recent surveys show many international students are less affected by U.S. politics than expected:

• A Studyportals/Intead survey found most students thought the 2024 election results would not impact their plans to study in the U.S.

• According to IDP Research, the U.S. is still a top destination, tied with Australia, as of late 2024.

Despite this strength, there’s a lot of fear and anxiety in the international student community as seen in the comments below.

Fear of Visa Renewal

• Ekaterina Grigoreva, a first-year student from Russia, mentioned the challenges students from sanctioned countries already face:

• In Russia, visa renewals are long and arduous, often requiring extra steps like background checks. Maintaining enrollment at an accredited university is crucial for students to ensure their eligibility for visa renewals.

• Grigoreva said changes under Trump could make these challenges even worse and delay renewals so much that students miss entire semesters.

“It’s pretty hard for us to renew the visa in Russia … whereas when I got my visa done in Europe the whole process took about four days,” Grigoreva said. “And if the new administration would change the laws regarding student visas that could affect us as well in a negative way.”Fear of Reapplication and High Rejection Rates- Raine Kamilova ’28 from Uzbekistan shared her experience:

• Uzbekistan has a 60% visa rejection rate, the highest in the region.

• Students with one-year visas like Kamilova have the tough choice of either going back home to reapply or stay in the U.S. indefinitely and risk being rejected.

Future Uncertainty

• Héloïse Hughes ’27 from Switzerland is concerned about completing her studies:

  “Trump has shown in the past he can and will make it hard for people like me to finish their degrees,” Hughes said.

• Many students like Jorge Zafrilla Díaz ’28 from Spain are worried about Trump’s policies on Harvard and financial aid for international students. Zafrilla Díaz described the campus atmosphere as fearful, with students worried about their visas and Harvard’s ability to protect them.

• Many students fear that increased scrutiny or new policies will mess with their academic path.

• Zafrilla Díaz said his friends from high risk regions are most anxious:

  “They’re scared. Will they be able to come back after they leave?”

Post-Grad Challenges

• Sofiia Syzonenko ’27 from Ukraine is thinking of applying for a U.S. work visa after graduation:

• Trump’s previous administration had higher denial rates for work visas so it’s tough for international graduates to get jobs in the U.S.

• Students worry it will continue.

Visa Restrictions

• Nilay Ersoy ’27 from Germany said:

“It’s such a polarized administration… It’s not easy. We’ll wait and see for now and hope for the best.”

Students are worried about OPT restrictions, higher visa denials and the return of the Muslim Ban.

• Tamrin Chowdhury, a post-doc from Bangladesh is worried about stricter travel bans under Trump which will disrupt his personal and professional plans.

Professional Program Funding

• As a pre-med student Grigoreva is also worried about funding cuts to higher education especially medical schools:

“If schools prioritize citizens because of limited resources it will be harder for international students like me to get in.”

Shorter OPT

• Zhanyue Chen, a master’s student from China is worried Trump’s administration will reduce OPT to one year even for STEM students:

“We are really worried about finding a job in the United States because the process will be harder and more competitive.”

Excluded from Political Discourse: Emotional/Social Impact

• International students who can’t vote feel left out of the conversation about policies that affect them directly.

• Chen said:

“Nobody cares about international students’ feelings because they think, ‘This is my country and I’m voting for my rights.’”

• But she emphasized the need to stay informed especially for students who are planning to apply for green card or citizenship.

Limited Advocacy

• Grigoreva felt being unable to vote made her an “observer” in a system that affects her life:

“All I could do this election cycle was educate my friends.”

Leaving the U.S.

• For students like Egor Sergeev, a junior from Russia the uncertain future under Trump has made him decide to leave after graduation:

“I’m glad I’m not staying here for much longer. It’s not my circus, not my monkeys.”

Reasons to be Optimistic: Federal Checks and Balances

Congressional Oversight

• Ibou Dieye, an international Ph.D. student from Senegal said:

“It’s not one man who can make policies or decisions that harm. Students should trust federal legislators.”

History has shown us

• Despite the first term of Trump, students like Dieye are resilient:

• Dieye who applied for H1-B visa during Trump’s presidency said he survived the Muslim Ban as a Muslim student:

International Students Unimpressed with Trump’s Green Card Plan

Trump May Give Green Cards to Foreign Graduates of U.S. Colleges

In a surprise move, Republican presidential candidate Donald Trump said he will give green cards to foreign students who graduate from U.S. colleges, a stance that seems to be opposite of his previous tough immigration policies. The proposal was mentioned in a recent podcast and has got a range of reactions from skepticism to cautious optimism given Trump’s history on immigration.

In a podcast in June 2024, Trump said he will give green cards to all foreign graduates including those of two year programs.

Here’s the quote, the implications and reactions from stakeholders.

What He Said?

On the All-In Podcast with Silicon Valley investors, Trump said:

“You graduate from a college, I think you should get automatically as part of your diploma a green card to be able to stay in this country. That includes junior colleges too.”

He was asked by angel investor Jason Calacanis who emphasized the need to keep high skilled foreign workers in the U.S. economy especially in the tech industry.

Trump said international graduates would not go back home and instead would become multi-billionaires, employ thousands and thousands of people and it could’ve been here:

“They go back home, become multi-billionaires, employ thousands and thousands of people, and it could’ve been here.”

Trump said this would’ve been done during his previous term but was delayed by the COVID-19 pandemic.

But this is opposite of his campaign’s overall anti-immigration stance which includes “mass deportations” and stricter visa policies.

Not sure if this will become a policy.

What Does This Mean?

• A green card or permanent resident card allows individuals to live and work in the U.S. permanently and is a step towards citizenship.

• If implemented, Trump’s proposal would:

  Automatically give green cards to graduates of accredited U.S. institutions including two year community colleges.

  Simplify the path to permanent residency for international students who have long been complaining about work authorization and visa renewals.

Does it apply to all foreign graduates?

• Trump didn’t say:

  Students on legal visas like F-1 or J-1.

  Those who overstayed their visas or entered the U.S. without authorization.

• His campaign said only graduates who go through “the most aggressive vetting process in U.S. history” will qualify and those who can “make significant contributions” to the U.S.

Legal and Political Challenges

1. Green Card Categories and Limits

Currently green cards fall into three categories:

1. Asylum: For those fleeing persecution.

2. Family Reunification: For relatives of U.S. citizens and permanent residents.

3. Employment-Based: The smallest category, capped at 160,791 in 2024.

Alexandra Filindra, professor of political science and psychology at the University of Illinois Chicago, described the proposal as “incredibly difficult.”

“To change the laws that apply to foreign graduates and make it a guarantee requires congressional action… It’s very, very unlikely.”

Political and Legislative Challenges

• Congressional Approval

  • Changing immigration laws to give green cards to graduates would require breaking the partisan gridlock in Congress.

  • Republicans and Democrats are divided on immigration so this faces big hurdles.

• Passing this would require bipartisan support which could be tough given the polarized immigration debate:

• Some lawmakers may not want to give green cards automatically and instead want stricter vetting or quotas.

• Others may want to address all categories of immigrants not just highly skilled workers.

2. Contradictions with Trump’s Immigration History

• Critics including Clare Lake, director of International Student Scholar Services at Columbia, are skeptical given his record:

  Trying to repeal the Deferred Action for Childhood Arrivals (DACA) program.

  Limiting work and student visas during his first term.

• Lake summed it up:

“What kind of president would try to repeal DACA and then give permanent residency to all international students?”

3. Resource Constraints

• Giving green cards to more people would add to an already overwhelmed system:

• Green card processing times can take years even for the highest priority categories.

• A flood of applications from international graduates would overwhelm the agencies.

It Makes Economic Sense But Is He Serious?

International Talent

• If this happens the U.S. will be more attractive to international students especially in competitive fields like STEM and business.

Talent Retention

• Trump’s proposal fixes a major problem for industries like tech which rely on retaining top international talent:

• High skilled graduates struggle to get work authorization or transition to permanent residency.

• Simplifying the process would help fill labor shortages in STEM.

• But without bipartisan support this is just a political play not a real policy.

Global Competition

• Countries like Canada, Australia and the U.K. already have straightforward pathways to permanent residency for international graduates.

• The U.S. will fall behind in the education market if it doesn’t offer similar incentives.

Contradictions with Anti-Immigrant Rhetoric

• Trump’s promise goes against his anti-immigrant campaign:

• Mass deportations.

• Stricter visa policies for students and workers.

• These contradictions make it hard to take him seriously for many.

Student Reactions: Mixed Feelings

Reactions from International Students

• Many international students are cautiously hopeful:

  A green card process would fix the long standing issues with the U.S. visa system.

• But still skeptical:

  Students and advocates are wary of Trump’s history of restriction over inclusion.

1. Excitement and Doubt

• Eunkyung Kim, a junior music major from Saipan, likes the idea but doesn’t think it will happen:

  “If I had a green card it would be so much easier. I wouldn’t have to work to get a visa. But is this even possible?”

• Many students share Kim’s skepticism, knowing how hard it is to make this happen.

2. Field-Based Limitations

• Alice Abreu, a senior film and communications major from Brazil, is skeptical of Trump’s plan for non-STEM graduates

• Abreu said:

“It’s so hard to find a job without being allowed to be in the country for over a year. The idea sounds great but where are the incentives for us to stay here?”

3. Feeling Left Out

• Sam Herrera, a senior from Monterrey, Mexico, is tired of being an outsider to the decisions that affect international students:

  “We’re just watching what’s going on, but these decisions will affect us too.”

Skepticism and Reactions

Former Biden Campaign Response

• The former Biden campaign called out Trump’s proposal as not matching his past actions.

  Kevin Munoz, former Biden campaign spokesperson:

“Trump’s promise is both a lie and an insult especially to the millions of people who have been hurt by his first term.”

• Advocates are skeptical of Trump’s promise:

  Aaron Reichlin-Melnick, policy director at the American Immigration Council:

“I almost have to laugh because his administration has already implemented multiple policies to restrict student visas and make it harder for people to stay in the country after graduation.”

• Examples of Trump’s anti-immigrant actions during his presidency:

• Tightened H-1B visa eligibility, a key pathway for international students to stay in the U.S. after graduation.

• Tried to deport international students taking online-only classes during the COVID-19 pandemic, a policy later reversed after universities spoke out.

• Tried to limit student visas and OPT extensions.

• Implemented policies like the “Muslim Ban” which affected students from specific regions.

What Can International Students Do Now?

Here are some tips to adapt and stay safe within the changing landscape:

Stay Informed

Follow immigration policy updates especially for F-1, OPT and H-1B.1.

• Follow DHS, U.S. embassies and universities announcements.

• Regularly check with college’s Office of Immigration Services.

• Attend university-hosted events or workshops on visa and work authorization,

Get Expert Legal Advice

• Consult with immigration attorneys to make sure your visa applications and renewals are in order.

• Experienced Immigration Attorneys can provide guidance on policy changes and alternative visa options.

• Plan for delays or extra scrutiny in the application process.

Build Your Profile

Gain skills and experience that make you valuable to U.S. employers.

Have a Plan B

• Look Elsewhere, If U.S. policies get too restrictive, look into studying in countries with more open policies like Canada, Australia or the U.K.

• Consider regional hubs for education and work if U.S. policies get too restrictive.

Look Into Work Status and Green Card Alternatives:

O-1 Extraordinary Ability Visa

E-2 Treaty Investor Visa

TN Visa

E-3 Work Visa

H1B1

EB-1A Extraordinary Ability Green Card

EB-2 National Interest Waiver Green Card

EB-5 Foreign Investor Green Card

Get Involved: Advocacy and Institutional Support

• Join student advocacy groups or collaborate with campus organizations to have student voices heard in the immigration debate. Universities and student organizations are advocating for policies that benefit international students:

  Increase OPT and H-1B visas.

  Simplify green card applications for high-achieving graduates.

Build Support Network

• Join campus initiatives that create safe spaces and conversations around immigration issues.

• Connect with campus groups and international student organizations for emotional support and resources.

Be ready for changes in immigration rules.

Beware: F-1 Day 1 CPT

What is Day 1 CPT?

Day 1 CPTallows students to work in their field of study from day 1 of their program, an alternative to OPT and H-1B visas.

Benefits

• Immediate Work Authorization: No waiting for OPT.

• Flexibility: Hybrid and executive programs for work and study.

• Extended Employment Options: No H-1B lottery.

Requirements

• Program must comply with F-1 regulations.

• Go to accredited institutions to avoid immigration issues.

• Trump may target Day 1 CPT programs

How will Colleges be Affected?

During Trump’s first term, international student enrollment dropped by 12%.

A similar or bigger drop in international student enrollment will have a domino effect across colleges nationwide and the U.S. economy.

1. Financial Impact

A decrease in international student enrollment will add to existing higher education problems. Many colleges, especially smaller or tuition-dependent institutions, rely heavily on international students’ higher tuition.

• International students bring in billions in tuition revenue every year, often paying higher rates than domestic students.

• Reduced enrollment due to stricter visa policies will lead to budget cuts and program reductions, especially at smaller institutions.

2. Loss of Diversity

• International students bring different perspectives, intellectual and cultural diversity to campuses.

• A decline in international enrollment will diminish this richness and hurt U.S. universities’ global reputation.

3. Global Competition

UK, Australia and Canada are already cracking down on international students but they still have clearer residency pathways and more competitive advantages than the U.S. If the U.S. doesn’t act fast, it will lose its edge in attracting global talent.  Increasing Competition from Other Countries

• Canada, UK and Australia have policies to attract international students:

• Easier path to permanent residency.

• More flexible post-graduation work.

Demographic Shifts: Domestic enrollment decline and waning public support for higher education adds to the pressure on institutions.

If the U.S. doesn’t act, it will lose global talent to these countries

Erosion of Soft Power

The U.S. has used international education as a form of soft power, building global goodwill and influence. A restrictive immigration policy will undermine this strategy as other countries like Canada and Australia take advantage of U.S. policy uncertainty to attract international talent.

Policy aside, perception is key. International students consider the broader sociopolitical environment when choosing a destination:

The Brexit analogy: After the UK decided to leave the EU, EU student applications dropped sharply even before the policy changed.

A less welcoming U.S. environment will drive students to Canada, Australia or other countries with pro-immigration policies

What Can Colleges Do to Better Protect International Students?

University Responses and Support

Student Concerns Addressed

• Immigration Services at several colleges have taken action:

• Sending regular updates and guidance to international students.

• Hosting immigration attorneys to help students navigate the changes.

• Reversing policies, such as limiting campus housing during breaks, after student pushback.

Support Systems

More resources for international students to navigate visa and campus life.

Financial and Practical Support

Some students are asking their colleges to provide:

• Discounted housing or financial support for those who can’t go home during breaks.

• Campus housing flexibility for students who can’t travel due to visa uncertainty.

Long-term Admissions Strategy

International students and faculty are asking colleges to:

• Defend international student admissions policies.

Advocate for more visa pathways to keep U.S. institutions competitive globally.Advocacy

Coalitions: Institutions should band together for bipartisan solutions to keep U.S. competitive.

Dr. Fanta Aw, NAFSA CEO said:

“We will educate the incoming administration on policies that grow international education and U.S. global competitiveness.”

Advocacy will focus on:

• Streamlined visa process.

• International students’ economic and cultural value.

• U.S. leadership in research and innovation.

• Green card pathways for international graduates.

• Save OPT to attract the best and brightest.

Diversity Commitments:

Campus is inclusive and safe for international students.

Global Partnerships:

Dual degree programs or exchange programs with foreign universities. Expand partnerships with universities abroad to offset enrollment decline and maintain global presence

Branding:

U.S. education is global; institutions should highlight their niche.

Diversify Student Recruitment:

Expand outreach beyond China and India to other regions with growing interest, like sub-Saharan Africa.

Optimism and Caution

Expert Views

• Cautious Optimism: Dr. Fanta Aw, Nafsa CEO says international enrollment may not decline because of global uncertainty in other regions.

• The Defense Mode: Dr. Miriam Feldblum says focusing only on “defense” against restrictive policies will hold us back. She urges institutions to stay forward thinking and proactive.

Opportunities

Despite the challenges, this could also be an opportunity for innovation:

Flexible Pathways: Institutions can create alternative programs like hybrid models to accommodate students affected by visa restrictions.

Examples:

Duke’s University

Duke has been working with international students to address their visa concerns by:

• Immediately after the election, international student groups organized town halls to provide a safe space for students to talk.

• Residential tutors like Eliel Sanchez-Acevedo stressed the importance of community:

“It was good to hear students’ concerns and be there for them.”

Navigating the Changes

• Duke’s Office of Visa Services will:

• Help students with stricter visa process.

• Advocate for students with delays or rejections.

Advocacy

• While students like Sanchez-Acevedo acknowledge the difficulties, they also encourage students to be hopeful:

“We can reference what happened during the previous Trump administration but things may be different now. Students should stay hopeful and proactive.”

• Education leaders want to work with the new administration to protect and expand international education:

Yale

Office of International Students and Scholars

• The Office of International Students and Scholars (Designated Student Office/DSO) should be a go-to resource for students on visa pathways, career planning and waivers.

• Ozan Say, Director of Yale’s OISS office said Yale will support its international community no matter what:

“No matter who wins, we will support our students and scholars.”

• Say said the university has learned to anticipate sudden policy changes, calling past experiences “earthquakes” that required quick responses.

Prevention

• Talk about immigration policy, educate students about changes and how to navigate uncertainty.

International Students for the U.S. Economy

International students are a big business for the U.S. economy, contributing $43.8 billion in 2023-24 and 378,175 jobs according to a new NAFSA: Association of International Educators report. That’s a 7% increase from last year and a big deal for American communities and institutions.

This report looks at the economic impact of international students, the challenges they face and the policies to keep the U.S. competitive.

---

Key Facts: International Students

1. Economic Impact

• 1.1 million international students in the U.S. in 2023-24 contributed:

• $43.8 billion to the economy.

• 378,175 jobs across all industries.

• 7% increase from last year when international students supported 368,339 jobs.

2. By Student Type

• Graduate Students: Largest group with 502,291 students (8% increase from last year).

• Undergraduate Students: Down 1% to 342,875 students.

• Non-Degree Students: Primarily intensive English programs, down 12% to 38,742 students.

• Optional Practical Training (OPT): 242,782 students participated in post-graduation work programs and gained hands-on experience in their field.

States with the Most International Students

International students contribute to big and small states, often to local economies and jobs.

Top States

1. California:

• 140,858 students contributed $6.4 billion and 55,114 jobs.

• $45,434 per student.

2. New York:

• 135,000 students contributed $6.3 billion, 51,719 jobs.

• $46,487 per student.

3. Massachusetts:

• 82,306 students contributed $3.9 billion, 35,849 jobs.

Smaller States and Republican-Led Regions

• Texas:

• 89,546 students contributed $2.5 billion, 22,112 jobs.

• Florida:

• 12,555 jobs supported by $1.5 billion in contributions from international students.

• Iowa:

• 8,515 students contributed $217.9 million, 1,858 jobs.

• Kansas:

• 8,685 students contributed $236.1 million, over 1,500 jobs.

Even states that oppose immigration like Iowa and Kansas benefit from international students.

Student Categories

1. Community College Students

• 59,000 international students at U.S. community colleges contributed:

• $2 billion to the economy.

• 8,500 jobs.

• Top Community Colleges:

• California: 13,989 students, $591.1 million, 2,534 jobs.

• Texas: 11,676 students, $327.8 million, 1,403 jobs.

• Washington: 5,630 students, $163.7 million, 651 jobs.

2. English Language Programs

• 9,782 students in English language programs contributed:

• $371.3 million to the economy.

• 2,691 jobs.

• Even Mississippi, a small state, had 175 students contribute $1.4 million and 11 jobs.

Red Flags

1. Slowing Growth

• While the total contribution increased, the growth rate decreased from the previous year, indicating the post-pandemic demand for U.S. education is fading.

2. Global Competition

• Canada, Australia and the U.K. are taking proactive steps to attract international students.

• Fanta Aw, NAFSA Executive Director:

“We can’t be complacent. The U.S. must do more to attract and retain global talent.”

3. Politics

• With Donald Trump re-elected, international students face new concerns about visa processing times, denials and restrictions:

• During Trump’s first term, visa denials and delays skyrocketed and many prospective students were discouraged.

• Aw said to monitor policy changes during the transition to ensure international students are welcome.

International Student Spending

• 51% of spending goes to tuition and fees, education is the biggest expense.

• Other expenses:

• Accommodation: 20%.

• Dining: 12%.

• Retail: 10%.

• Telecom, health insurance and transportation: 2%.

There is regional variation, with higher costs in states like Rhode Island where education is 64% of the total contribution and 47% in Washington State.

Community and Cultural Impact

1. Small Towns

• Smaller cities and towns benefit the most from international students:

• They attend regional universities and live off-campus and integrate into local communities.

• Aw said once residents see what students bring to the table, the immigration debate tends to simmer down.

2. Cultural Exchange

• International students bring global competence to their U.S. peers, diversity and understanding on campuses across the country.

What’s Ahead for U.S. International Education?

1. Do More

• Aw said the U.S. needs to take steps to attract and retain international students, especially in STEM fields which are key to innovation and research.

2. Advocate and Support

• Organizations like NAFSA and the U.S. for Success Coalition are working to keep the U.S. open:

“Our institutions and communities welcome international students. We know what you bring to our country.”

FAQs for International Students Worried About 2025

Overall

1. What changes to the visa will happen under a Trump administration?

• Policies introduced during the Trump administration:

• Will limit or eliminate the “duration of status” for F-1 visas and replace it with fixed periods of authorized stay.

• Will restrict OPT (Optional Practical Training), including shortening its duration, eliminating the STEM OPT extension or requiring more from employers.

• Will scrutinize J-1 exchange programs, especially in fields like research or academia to ensure they serve U.S. interests.

• Increase fees for visa applications and services.

• Tighten security and eligibility checks for visa issuance, especially for applicants from countries deemed high risk.

2. When will changes happen?

• Changes take time. Major reforms require public notice and comment periods but some changes (e.g. executive orders or policy memos) can happen immediately or within weeks.

3. Will these policies affect certain groups of students more?

• Students from certain countries (e.g. countries on the State Department’s “sensitive countries” list or countries under U.S. sanctions) will face more scrutiny or outright ban.

• Students in STEM fields will be scrutinized under the guise of intellectual property or national security.

4. Will these changes happen?

• Past policies show willingness to tighten up but it depends on political and legal pushback, university advocacy and public opinion. The Biden administration’s undoing of Trump-era policies is a baseline for reversal.

F-1 and J-1 Visa Holders

1. What if the “duration of status” policy changes?

• If “duration of status” (D/S) is replaced with fixed authorized periods:

• F-1 visa holders will need to apply for extensions or new visas to continue studying.

• Failing to renew within the fixed period will result in out-of-status and you won’t be able to stay in the U.S.

  To prepare:

• Keep your I-20 and other documents up to date.

• Monitor your university’s international office communications.

2. Will I lose my OPT or STEM OPT?

• A Trump administration:

• Shorten OPT duration.

• Require employers to prove they are not displacing U.S. workers.

• Eliminate or cap the 24-month STEM OPT extension.

• If changes happen:

• Work with your employer and university to document compliance with new rules.

• Stay current with regulatory updates.

3. How will new policies impact academic work or internships?

• Curricular Practical Training (CPT) restrictions could:

• Tighten up eligibility for internships.

• Require DSOs to provide more proof that internships are directly related to the academic program.

• To stay compliant:

• Make sure CPT is properly documented.

• Stay in touch with your DSO.

4. What if I need to travel internationally?

• Before you travel:

• Check your visa is valid and not expired.

• Check if there are travel bans to your country or region.

• Carry all necessary documents including I-20, proof of financial support and proof of ties to your home country.

• Consult your DSO or program sponsor about the risk of denial upon re-entry.

Prospective Applicants

1. How will the application process change?

• Could include:

• More documentation (e.g. proof of intent to return home after studies, more stringent financial evaluations).

• Longer wait times due to increased scrutiny and administrative delays.

• Higher visa denial rates for applicants from certain countries or fields of study.

• To increase your chances:

• Get all financial and academic documents in order.

• Prepare for a detailed visa interview and emphasize your plans to return home.

2. Will certain fields of study be restricted?

• STEM fields, especially those with advanced technology or research, will be scrutinized for national security reasons. Consular officers will ask if your studies could lead to transfer of sensitive information.

3. Will applying earlier help?

• Yes, applying as soon as possible will give you a cushion for any delays or new requirements. If changes happen after you’ve gotten your visa, they will affect you less.

4. Will family members on F-2 or J-2 visas face more challenges?

• Spouses and dependents will face:

• More scrutiny of their financial dependence on the primary visa holder.

• Tougher employment authorization (for J-2 visa holders).

• Make sure your documents show you can support your dependents.

Institutional Impact

1. How will universities be affected by policy changes?

• Universities will face:

• More reporting to the Student and Exchange Visitor Program (SEVP).

• Restrictions on sponsoring certain exchange programs under the J-1 visa.

• Decrease in international student enrollment due to more restrictive visa rules.

• Institutions will push back against restrictive policies through advocacy and legal challenges.

2. Will my university be able to host international students?

• If universities don’t meet compliance standards (e.g. reporting changes to students’ status in SEVIS) they will face penalties including losing their ability to sponsor international students. Larger institutions are better equipped to manage these requirements.

3. How will smaller or specialized institutions be affected?

• Smaller schools will struggle to manage extra administrative requirements and may reduce international student recruitment or rely on external advocacy groups.

Special Cases

1. How will students from sanctioned or sensitive countries be affected?

• Students from countries like Iran, North Korea and others under US sanctions will face:

• Longer delays due to additional security checks (e.g. Administrative Processing).

• Higher visa denial rates based on perceived risk.

• If you are from one of these countries:

• Apply as soon as possible.

• Be prepared to provide more documents (e.g. proof of academic purpose and funding sources).

2. What if my visa is canceled or denied due to policy changes?

• If canceled:

• Contact your DSO or program sponsor immediately.

• Get legal advice to explore reinstatement or other visa options.

• If denied during application process:

• Find out why and address in future applications.

To Do

1. What can I do now?

• Be proactive:

• Check the U.S. Department of State website and your school’s international office regularly.

• Keep your academic standing strong to justify your presence in the U.S.

• Keep records of financial support, academic progress and compliance with visa rules.

2. How can I support policies for international students?

• Join:

• NAFSA: Association of International Educators.

• University-led international student advocacy initiatives.

• Talk to your local representatives and highlight the benefits international students bring to the U.S. economy and academia.

3. Where can I get reliable information?

• Official sources:

• U.S. Citizenship and Immigration Services (USCIS)

• U.S. Department of State (for visa updates)

• SEVP (Student and Exchange Visitor Program)

• Immigration law firms like Herman Legal Group.

Conclusion: A Turning Point

Donald Trump’s re-election has raised concerns about immigration policies for international students. While schools are supporting their students, the broader impact of these policies will change the U.S. higher education landscape. International students and institutions must be proactive to ensure academic success and global collaboration

The Role of Legal Advice

US immigration policies can be tricky, especially in these times of heightened scrutiny. Whether you are applying for a visa, renewing your status or planning your post-grad career, expert help matters.

Herman Legal Group  Can Help

At Herman Legal Group we have been helping international students with all aspects of US immigration for years. Our team will make sure you are prepared for the changing policies and secure your US future.

Services we offer:

• Visa applications and renewals.

• OPT and H-1B transitions.

• Advice on changing immigration rules.

Don’t let the uncertainty stop you. Contact Richard Herman today for a consultation and take control of your US future.

Resources:

F-1 Student Visa

J-1 Visa

OPT and CPT

H1B

FAM