CLEVELAND, OHIO — A battle is brewing in Tremont — reflective of the tension between the old guard and the new wave of artists, entrepreneurs, and innovators that have revitalized the community to be the envy of urban neighborhoods around the country.
Renowned local tattoo artist, Chis Delaroso, has invested heavily in his dream of opening a body art/tattoo studio in the street-level, commercially zoned rental space in Tremont’s historic Lemko Hall at 2335 West 11 Street. The specific location of the studio is crucial, as zoning compliance depends on the site’s proximity to residential and other regulated uses.
When asked why Tremont, Chris says that “It’s the perfect place! It’s Cleveland’s center for artists and creatives, and that’s where I am meant to practice my art.” The project is a proposed development within the building, subject to city and county zoning and planning review.
After being approved by the City of Cleveland, and investing close to $10,000, that dream is about to be erased: due to errors by the City of Cleveland and opposition by Lemko Hall Condominium Association.
First, the City of Cleveland approved his zoning application in March, 2025. The city had previously adopted zoning ordinances that regulate the location and operation of businesses like tattoo studios. Based on this approval, he signed a 2 year lease with Cleveland Property Rental, which is owned by Dr. Kimberly Chen, a respected Cleveland-based physician.
After the City’s approval, Chris spent close to $10,000 in renovations, equipment and furnishings for the West 11th studio. See embeded pictures of this beautiful, welcoming space. As required by the zoning application process, a map of the site was submitted, showing the layout and intended use. No work or business operations were allowed to advance before the necessary permits were granted, in accordance with city and county regulations.
The relevant city department, such as the planning or zoning department, is responsible for reviewing and processing such applications. Fees are generally required for obtaining permits and variances for businesses like tattoo studios.
However, the City rescinded its earlier zoning approval, and now states that the tattoo parlor is prohibited from operating without a zoning variance (due to being within 1,000 feet of residential and similar business). The city’s official determination cited zoning compliance concerns. The line between reasonable regulation and unconstitutional restriction is often at issue in such cases.
Chris and Dr. Chen, both clients of the Herman Legal Group, filed for a use variance with the Cleveland’s Board of Zoning Appeals. Developers proposing new projects in Tremont must comply with zoning and planning regulations, and projects must be carefully planned to comply with local regulations. The preliminary development plan generally includes site maps and descriptions of intended uses.
The public hearing is set for Monday, June 30, 2025 at 9:30 am
Cleveland Board of Zoning Appeals, 601 Lakeside Avenue, Room 516, Cleveland, Ohio (Calendar No. 25-096).
The public may choose to participate by WebEx by calling the Board at 216.664.2580 or emailing them at boardofzoningappeals@clevelandohio.gov.
However, even a bigger obstacles for Chris and Dr. Chen, is that the Lemko Hall Condominium Association opposes the opening of the tattoo studio, claiming that the condo regulations, which expressly prohibits pornography shops, massage parlors, bars, and pawn shops, also restricts the street-level Commercial Units owners from renting to any business it feels “is not consistent with the residential character of the condominium.” The subject of the dispute is the compatibility of the tattoo studio with the building’s residential character.
The Board’s claim is not supported by law or by the regulations of the Condominium Association.
Nor is the Board’s claim based on accurate information. Sadly, many people still clink to the tired, old stereotypes of tattoo shops from 30 years ago, as unclean, attracting undesirables, and a blight/nuisance in the buildings they inhabit.
This of course is the exact opposite of the body art/tattoo studio industry of today.
The tattoo art industry in the U.S. has grown to nearly $900,000,000 in revenue in 2024. Tattoo studios often seek to expand into new locations but face challenges due to zoning restrictions. The modern tattoo industry serves a diverse range of persons from all walks of life.
Again, the NEW body art/tattoo studio industry is not reflective the OLD image of seedy tattoo parlors of the past. The new industry, particularly as practiced by Mr. De La Rosa, is just as likely to provide custom body art to someone in their 20s, as to their parents or even grandparents. The acceptance and prevalence of tattoos can be seen daily as you walk down the street, stop at the workplace water cooler, or attend church service.
The Lemko Hall Board has made its decision to stop Chris from pursing his dream at 2335 West 11th without input from him nor Dr. Chen. Decisions about land use and business operations are typically made collectively, and not by a single board, to decide what is best for the community. Neighbors also play a significant role in influencing zoning decisions and regulatory outcomes.
Chris invited the President of Lemko Hall, to visit his studio to provide an opportunity to learn more about his amazing art work, how he schedules clients and runs his business, and how he intends to be a great neighbor and asset to the community.
The Board President declined.
Dr. Chen has clearly stated that she would never rent to a tenant who she believes would compromise the health and safety of the public, including the tenants at Lemko Hall. As an immigrant from Taiwan, coming from an entrepreneurial family who lived in residential buildings but rented to businesses on the lower floors in Taipei, Dr. Chen respects and values the symbiotic relationship between entrepreneurs and the buildings and neighborhoods they are located in. The owner’s legal rights and responsibilities under zoning and HOA regulations are central to this dispute.
In fact, this is the history of immigrant-owned businesses in Tremont dating back over 100 years: residents living above street-level businesses.
Mr. Delarosa’s studio is first rate and serves as an enhancement of the building. Please see the attached photos, which indicates the pride and professionalism that he has in his craft. The site is subject to ongoing zoning and planning review.
His studio would not act as a disruption to the building, would not change the external visual aesthetics of the building, would not generate noise or parking problems, or odors, and would not compromise public safety. The value of parks as part of the neighborhood’s facilities is also an important consideration in urban amenities.
His business bears no resemblance of the traditional tattoo parlors of 30 years ago — places to go after the bars close, to get quick art.
His designs are custom made, that often take many hours to create BEFORE the client arrives for a scheduled appointment.
Nothing about this proposed business would be inconsistent with the normal commercial activity of the neighborhood. It would add value to not only the neighborhood but also to Lemko Hall. The importance of public and private facilities, such as parks and schools, is recognized in urban planning, and the placement of different types of businesses in various locations is key to a well-organized neighborhood.
“Lemko Hall, while benefiting from Tremont’s global reputation as Cleveland’s center for artists and creatives, seeks to block local tattoo artist and entrepreneur from opening up his studio,” Says Attorney Richard T. Herman
It is also important to point out work that Mr. De La Rosa and other tattoo artists play in helping “heal” those who are suffering with disfigurements. I encourage you to research the role of micropigmentation work with vitiligo and mastectomy clients, as well as prosthesis reconstruction.
In our zoning hearing for Monday, the applicants will also remind the Board of the First Amendment protections that Mr. De La Rosa and Dr. Chen enjoy relating to an arbitrary ban on constitutionally protected artistic and symbolic speech. Legal grounds for challenging or denying business operations under zoning laws will be discussed, and similar regulations apply to other uses, such as schools, which also require permits and compliance.
It is no exaggeration to say that tattooing is among our most ancient art forms, dating back thousands of years.
Tattoos are a unique means of communicating. There is literally no alternative to tattoos as a means of making a permanent and personal commitment to the expression or concept portrayed by a tattoo. As symbolic speech, there is no equivalent to the statement made by a tattoo.
A peace symbol, a lover’s name, a dead child’s name or image, a cross or other religious symbol tattooed on a person’s body for display to the world or as a private remembrance is both personal and permanent.
The very indelibility of a tattooed symbol makes a statement that can not be made by another means.
Many tattoos are intended to make a specific statement, and arbitrary governmental efforts to curtail that expression will violate the First Amendment. The city’s interest in protecting public health and safety through zoning regulations must be balanced with constitutional rights, and such restrictions should be limited in scope to avoid overreaching.
In modern Japan, tattoo artists are addressed by a word that translates somewhat along the lines of “maestro.”
Chris is a “maestro.” He deserves the opportunity to practice his art in Tremont at Lemko Hall.
Chris and Dr. Chen are available to discuss their case. An official letter was sent by the city regarding the status of the zoning application. The need for strategic planning is clear, and having a comprehensive plan for land use and business development is essential for the community.
Lemko Hall stands as a historic landmark in the heart of the city, uniquely positioned at the crossroads of residential areas and a vibrant mix of commercial uses. The building itself is surrounded by a diverse array of businesses, from pawn shops to tattoo parlors and even medical marijuana dispensaries, reflecting the city ordinance’s intention to foster a dynamic, mixed-use neighborhood. While the city staff has worked diligently to promote the area as a hub for creativity and commerce, the city ordinance also imposes important restrictions on what types of businesses can exist within its boundaries. These rules are designed to balance the interests of property owners, businesses, and residents, ensuring that public health and safety remain a top priority. As a result, certain commercial ventures require special exceptions to operate, especially when they are located close to residential areas. Despite these efforts to create a thriving neighborhood, some owners remain concerned about the potential impact of new businesses on the community’s character and well-being. This ongoing tension between growth and regulation is at the heart of the current debate over Lemko Hall’s future.
The seeds of conflict were sown when the Board at HOA, through its president, voiced strong objections to the proposed development of a new tattoo parlor within Lemko Hall. His concern centered on the belief that such a business would disrupt the building’s residential character. The HOA regulatiosn specifically prohibit such businesses as porno shops, massage parlors, and bars, but is silent as to tattoo studios.
The attorney representing the HOA has stated that commercial units are to be treated as residential units. However, this is not an accurate statement. The HOA regs clearly differentiate commercial units from residential: commerical are on the first floor, street level, and used for commerce; residenital are those units on the second and third floor, but can be used for business, if permitted by the city zoning laws.
Notwithstanding the HOA’s absurd position, the HOA does have jurisdiction to object to a business operating out of a residential unit if it interfere’s with the residential character of the building — which makes sense; but the HOA does NOT have the authority to selectively pick and choose which businesses it “likes” or make determinations if it interferes with the residential character of the building, if the business operates out of the first floor, commerical units zoned for regular commerce.
The controversy over the tattoo parlor in Lemko Hall has far-reaching social and cultural implications, reflecting broader debates about the role of government in regulating business and personal expression. At the same time, the case has sparked conversations about the effectiveness of existing zoning laws and the need for more inclusive planning strategies that reflect the changing attitudes toward tattoos and the businesses that provide them. As tattoos become increasingly recognized as a legitimate form of artistic expression, the city’s efforts to promote a vibrant and diverse neighborhood are more important than ever. The situation at Lemko Hall serves as a powerful example of the complexities involved in land use and development, and the ongoing need for thoughtful, balanced regulations that support both community values and creative enterprise.
The State Department has updated the Exchange Visitor Skills List effective December 9, 2024 and retroactively eliminated the 2-year home residency requirement 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.
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.
Let’s first understand the J-1 visa and the 2 Year Residency Rule.
The J-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:
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:
A J-1 visa holder is subject to the 2 year rule if they:
1. Graduate Medical Training
2. Government Funding
3. Skills List Designation
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.
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:
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.
The Skills List serves two purposes:
Global Development:
U.S. Diplomacy:
The Skills List is in line with US foreign policy goals as stated in:
History of the Skills List
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:
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:
Country Size:
Migration Trends:
Progress in Key Sectors:
The Department uses objective, data-driven criteria to evaluate a country’s development and workforce needs:
A. Low-Income Countries
B. Middle-Income Countries
C. Migration Challenges (Brain Drain)
Why these criteria matter
These thresholds reflect global development goals. They take into account:
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:
2. Countries still on the Skills List
45 countries remain on the list. Here they are:
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.
4. Unchanged Requirements for Other Reasons
The Skills List update does not affect J-1 visa holders subject to the 2-year requirement for:
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
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:
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
2. Other Factors That May Apply
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
4. Stay in the U.S.
Foreign nationals no longer subject to the 2-year rule can:
1. J-1 Holders Admitted or Acquiring Status On or After December 9, 2024
2. J-1 Holders Admitted or Acquiring Status Before December 9, 2024
3. Pending Waiver Applications
The 2024 Skills List does not apply to J-1 exchange visitors subject to the 2-year rule for other reasons:
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:
See J-1 Waiver Division for more information.
How About Institutions?
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.
If you are subject to the requirement but can’t fulfill it, you can apply for a waiver. Here are common scenarios:
General
Countries and Skills
Retroactive
Eligibility and Immigration Options
Waivers
Impact on Employers and Institutions
Policy and Future Updates
Miscellaneous
Contact an Immigration Expert
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:
24/7 Support, Just A Call Away!
The US Department of State has released the Visa Bulletin for January 2025. If you’re waiting for a green card, this is a must-read. This bulletin shows the movement of green card applications across all categories so you can see where you are in line and what’s next.
The January 2025 Visa Bulletin has forward movement in several employment based categories. EB-1 Final Action Dates are unchanged, but EB-2 and EB-3 have movement, depending on your country of chargeability. Employment-based preference limits are set by law to manage the visa issuance process and ensure fair distribution among applicants based on priority dates and oversubscription.
Updates:
These dates determine if an applicant can get an immigrant visa or adjustment of status approval.
EB-1
Meaning: EB1 demand for India and China continues to block movement, while others are current (no backlog).
EB-2
Meaning: India and China get a little movement, others get forward movement.
EB-3 Professionals and Skilled Workers
Meaning: Good news for all EB3 applicants, especially for India and China.
EB-3 Other Workers
Meaning: No movement for China in this category means high demand and limits. India and others get forward movement.
EB-4 Religious Workers
All countries: 01.Jan.2021 (no change)
Meaning: No movement means limited visas and steady demand in EB4.
Watch for Legislative Updates: The EB-4 Non-Minister Religious Worker category, which includes certain religious workers, will expire on December 20, 2024. If not reauthorized by congress, this category will be unavailable after December 21, 2024. If reauthorized, Final Action Dates will be the same as the general EB-4 category. Applicants in the EB-4 Non-Minister Religious Worker category should monitor for congressional action to reauthorize the program.
Fifth Preference (EB5)
EB-5 Unreserved Categories (Regional and Non-Regional Center)
EB-5 Set-Asides (Rural, High Unemployment, Infrastructure)
Meaning: The State Department expects an increase in EB-5 Rural, High Unemployment and Infrastructure set-aside applications. To prevent exceeding annual limits, Dates for Filing and Final Action Dates may be introduced for these categories in FY 2025.
USCIS uses these dates to determine eligibility to file adjustment of status applications.
The process of determining visa availability by USCIS and the Department of State involves managing the supply and demand of visas. They assess factors such as the number of visas available and individual priority dates to provide clarity and predictability for applicants seeking to adjust their status or obtain immigrant visas.
EB-1
EB-2
EB-3 Professionals and Skilled Workers
EB-3 Other Workers
EB-4 Religious Workers
EB-5 Unreserved Categories
EB-5 Set-Asides
These dates determine if an applicant can get an immigrant visa or adjustment of status approval.
F-1 Unmarried Sons and Daughters of U.S. Citizens
F-2A Spouses and Children of Permanent Residents
F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
F3 Married Sons and Daughters of U.S. Citizens
F-4 Brothers and Sisters of Adult U.S. Citizens
USCIS uses these dates to determine eligibility to file adjustment of status applications.
Here are the updates for family-sponsored green cards:
Note: Dates in the bulletin are in DAY-MONTH-YEAR (dd-mm-yy) format.
What is the Visa Bulletin?
Wondering how to read the Visa Bulleting?
The Visa Bulletin is a tool to help you understand green card wait times. It includes:
Check your priority date (the date your petition was filed) against these cut-off dates.
Additional Notes
How to use the Visa Bulletin
Here’s how:
The employment-based system has five preference categories, each with its own allocation:
EB-1: Priority Workers
EB-2: Advanced Degree Professionals or Individuals with Exceptional Ability
EB-3: Skilled Workers, Professionals, and Other Workers
EB-4: Certain Special Immigrants
EB-5: Employment Creation (Investor Visas)
EB-5 Reserved Categories: Faster Green Cards
Reserved visas under RIA allocate:
These are current for all countries, including high-demand countries like India and China. You can get:
Family-sponsored preferences allocate visas based on relationships with U.S. citizens or lawful permanent residents.
GENERAL
FAMILY BASED
EMPLOYMENT BASED
UNDERSTANDING DATES AND PROCESSES
Miscellaneous
FUTURE TRENDS AND FORECASTS
PRACTICAL TIPS
By being informed, you can make better decisions about your green card application.
Call the Herman Legal Group to discuss your immigration case today!
24/7 Support, Just A Call Away!
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.
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.
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.
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:
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.
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.
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.
Boosting US Workforce
Talent Retention
Canada Is Moving In, Luring skilled migrants away from US.
For those who are not familiar with H4 EAD, first let’s understand H-1B and H-4 visas.
H1B is a non-immigrant worker visa for professionals.
H4 visa is a temporary nonimmigrant visa for spouses and minor children of H visa holders, mainly H1B workers.
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:
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.
Pursuant to the 2015 DHS rule, H4 visa holders can apply for EAD if:
H4 EAD is not just about income; it’s about independence and inclusion. Losing this authorization means:
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.
Educational Background of H-4 EAD Holders
H4 EAD Employment Statistics
H4 EAD Geographic Distribution
H4 ED Gender and Nationality
Number of Approved H4 EADs
Potential Impacts of H4 EAD Rescission
Job Loss:
Economic Costs:
Family Separation or Exodus From U.S.:
“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.
Public Comments
Purpose of the Regulation
This regulation addresses several problems faced by H1B families:
DHS authority comes from:
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:
Fraud:
First Year Impact
For Families:
For Employers:
Retain skilled H1B workers and reduce turnover costs.
For the Economy:
Costs
To apply for H4 EAD you must meet both of the following:
You must be in H4 status, which is granted to dependents (spouses or children) of H1B visa holders.
Your H1B spouse must be one of the following:
Include the following with your application:
Proof of H4 Status:
Identity:
Proof of H1B Spouse:
Proof of H1B Spouse’s Status:
Eligibility: Depending on your spouse’s status:
Passport Style Photos:
Translations (if applicable):
Choose the correct filing address based on your application type:
Processing Time:
Decision:
Approval and Validity:
Renewing H4 EAD:
Automatic EAD Extensions:
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
Benefits: Faster approval for H4 and H4 EAD when bundled with premium processing H1B applications. Reduced waiting time for employment authorization.
Current Policy:
Incomplete Applications:
Incorrect Filing Fees:
Misfiling Forms:
Fraud or Scams:
Barriers to Entry and Delayed Access:
Complex Alternatives:
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:
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:
Increase Public Awareness:
During his previous presidency, Donald Trump issued the “Buy American, Hire American” executive order to protect US workers.
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:
Although the proposal was not finalized, it created uncertainty for thousands of families.
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 holders who hold H4 visas eligible to work. [ID #492]
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.
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.
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:
Expert Analysis
Advocates pointed out the H4 EAD promotes gender equality and financial independence for immigrant families
Biden reversed Trump’s move and kept H4 EAD. This decision:
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:
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:
US Court of Appeals for the DC Circuit, Judge Justin R. Walker wrote the opinion. Key points:
Support from Major Organizations
Companies and business groups filed an amicus brief in support of H4 EAD during the lawsuit. They argued:
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.
President Biden’s U.S. Citizenship Act of 2021, announced on January 20, 2021, attempted to create a more permanent H4 EAD. Key points:
The bill did not pass.
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:
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:
Even if H4 EAD program isn’t eliminated completely, other changes could affect work authorization:
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.
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 additional evidence and support for those looking to support the program in 2025 and beyond.
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
H-1B Families Challenges
Long Wait Times:
Economic and Emotional Strain:
Impact on US Employers
Legislative Relief:
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:
Key Changes in the Rule
During the 60 day comment period, DHS received almost 13,000 comments. Here are the comments:
Supportive Comments (85%)
Economic Benefits:
Social Impact:
Competitiveness:
Opposing Comments (10%)
Mixed Comments (3.5%)
Eligibility Scope:
After comments, DHS finalized the rule with minor tweaks to clarify and address filing issues.
H-4 spouses can file for employment authorization if:
Filing Process Changes
Projected Numbers
For Families
For Employers
For the Economy
1. H-4 Dependents of H-1B1, H-2, H-3 Nonimmigrants
Public Comments
DHS Response
Public Comments
DHS Response
Legal Barriers:
Public Comments
DHS Response
Administrative Barriers:
Public Comments
DHS Response
Approval-Based:
Public Comments
DHS Response
Key Points
Employment authorization is for H-4 dependent spouses of H-1B visa holders who:
Policy Reasoning
DHS will consider further expansion but wants to take it slow and administratively feasible.
1. Employment Authorization for H-1B Nonimmigrants
2. H-4 Dependents not selected in the H-1B lottery
3. Dependents of other nonimmigrant categories
1. Displacement of U.S. Workers
2. Not Necessary
3. Impact on other immigration categories
4. Impact on Universities
The net effect on university enrollment is unknown, some say increased family income will lead to more educational spending.
1. Limit eligibility by skills or sectors
2. Reciprocal employment policies
3. Limit eligibility to AC21 extensions
Comments on DHS’s estimates
DHS Response:
Final estimate:
Comments on economic calculations:
DHS’s position:
1. Simplified filing process
Comments:
Comments:
DHS Response:
Comments:
DHS Updates:
Integration and workforce concerns:
What was asked:
DHS Response:
Why Form I-765 can’t be filed with Form I-140:
Premium Processing
What was asked:
DHS Response:
What was asked:
DHS Response:
Key comments:
DHS Response:
Proposed restrictions:
DHS Response:
Issue:
DHS Response:
Key issues:
DHS Safeguards:
EAD validity:
EAD renewals:
Simplified filing process:
No changes to H-1B program:
Public Comments:
DHS Response:
Key points:
Comments:
DHS Analysis:
Public Comments:
DHS Response:
Public Comments:
DHS Decision:
Key Points:
Current Backlog:
DHS estimates:
New Eligibility per Year:
Methodology:
Key Assumptions:
Applicant Costs
Costs:
Long-term Cost Projections:
Broader Economic and Social Benefits
Benefits:
Retention of high-skilled talent for economic growth, innovation and competitiveness.
1. Applicant Costs
H-4 dependent spouses applying for employment authorization will incur the following costs:
2. Total Costs
3. Renewals
1. U.S. Labor Market
2. Wider Impacts
1. Economic Benefits
2. Social Benefits
1. Alternatives Considered
DHS considered several options before finalizing the H-4 EAD program:
2. Final Eligibility Criteria
3. Regulatory Changes
1. Public Comments
2. DHS Response
Projected Outcomes and Long-Term Impact
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:
Special requirements for admission, extension, and maintenance of status.
(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:
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:
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.
Regardless of what Trump does in 2025 on the H-4 EAD, there will likely be extensive litigation in federal courts. Becoming familiar with the history of the litigation will be helpful in understanding how future litigation may play out.
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:
(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:
(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:
(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 General Questions
Legal and Preparatory Steps
Work and Employment Issues
Family and Personal Issues
Policy Questions
Long term Immigration Strategies
Special Cases
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
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On December 15, 2024, the Department of Homeland Security (DHS), in collaboration with the Department of Labor (DOL), has announced plans to issue an additional 64,716 H-2B temporary nonagricultural worker visas for the Fiscal Year (FY) 2025. This supplement is in addition to the congressionally mandated 66,000 H-2B visas issued annually and matches the supplemental numbers from FY 2024.
This step aims to address labor shortages in seasonal industries, strengthen worker protections, and reduce irregular migration into the United States. Employers must prioritize hiring American workers before seeking foreign labor due to worker shortages in various industries.
Additionally, half allocation reserved for the second half of the fiscal year will address peak seasonal labor demands. Here’s a breakdown of the key information and what it means for businesses and workers.
The H-2B visa program is a vital component of the United States’ immigration system, allowing American businesses to hire foreign nationals for temporary, non-agricultural work. This program is designed to address labor shortages in various industries, ensuring that employers can meet their workforce needs and maintain a competitive edge in the global market.
By providing a legal pathway for hiring temporary foreign workers, the H-2B visa program supports American businesses in sectors such as hospitality, tourism, landscaping, and seafood processing, which are often hit hardest by seasonal labor shortages.
The H-2B visa program is a non-immigrant visa program that permits U.S. employers to hire foreign workers for temporary, non-agricultural labor or services. Administered by the Department of Homeland Security (DHS) and the Department of Labor (DOL), the program requires employers to demonstrate that there are not enough U.S. workers available, willing, and qualified to perform the temporary work.
This ensures that the employment of foreign workers does not negatively impact the job opportunities, wages, or working conditions of U.S. workers.
The H-2B visa program allows U.S. employers to hire foreign seasonal and temporary workers for temporary nonagricultural jobs under specific conditions:
1. Additional 64,716 Visas
2. Distribution of Supplemental Visas
To participate in the H-2B visa program, employers must meet specific eligibility requirements and follow a multi-step application process. First, employers must test the U.S. labor market by advertising job openings to U.S. workers and documenting their recruitment efforts. If they can prove a shortage of willing, qualified, and available U.S. workers, they can then obtain certification from the DOL.
This certification confirms that hiring foreign workers will not harm existing U.S. workers’ wages or working conditions. Finally, employers must submit an H-2B petition through U.S. Citizenship and Immigration Services (USCIS) to bring in foreign workers.
Both DHS and DOL prioritize safeguarding the rights of both U.S. and foreign workers under the H-2B program by implementing robust measures to address labor shortages for seasonal businesses that struggle to find enough temporary employees:
DHS Statement on Economic Growth
Secretary of Homeland Security Alejandro N. Mayorkas emphasized the program’s role in strengthening the U.S. economy by:
Statements from Others
On November 15, 2024, Rosanna Maietta, President and CEO of the American Hotel & Lodging Association (AHLA), responded to the Department of Homeland Security’s (DHS) decision to release 64,716 supplemental H-2B temporary nonagricultural worker visas for the 2025 fiscal year.
These visas are critical to supporting labor shortages in the hospitality industry and other seasonal sectors.
On December 15, 2024, U.S. Senators Susan Collins and Angus King stated:
Congresswoman Chellie Pingree (D-Maine) welcomed news from the Biden-Harris Administration that the Department of Homeland Security (DHS) and Department of Labor (DOL) will double the number of available H-2B temporary nonagricultural worker visas available for Fiscal Year (FY) 2025 to nearly 131,000.
The increased H-2B visa cap for Fiscal Year 2025 is expected to have a positive impact on American businesses and the U.S. economy. By allowing more foreign workers to enter the country, the increased cap will help address labor shortages in key industries, support small businesses and seasonal employers, and boost economic growth and competitiveness in the United States. This move demonstrates the U.S. government’s commitment to supporting American businesses and ensuring they have the workforce needed to thrive.
Supporting Small Businesses and the U.S. Economy
The increased cap will provide relief to small businesses and seasonal employers who rely heavily on temporary foreign workers to meet their labor needs. By allowing more foreign workers to enter the country, the increased cap will help to:
By increasing the H-2B visa cap, the U.S. government is demonstrating its commitment to supporting American businesses and addressing labor shortages in key industries. The increased cap will provide relief to small businesses and seasonal employers, while also promoting economic growth and competitiveness in the United States.
Employers seeking to hire H-2B workers must follow a series of steps:
Limitations and Conditions
What’s Next?
This expanded visa allocation of visas for fiscal year through FY 2025 provides a critical lifeline for U.S. businesses facing labor shortages, while balancing protections for U.S. and foreign workers alike. By addressing these challenges, the DHS aims to promote economic growth and reduce irregular migration effectively.
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Don’t Panic: No Immediate Changes
We understand that there is a lot of anxiety and fear over Trump’s election and his stated goals of initiating a deportation agenda. Here are some things to keep in mind:
Key Points to Remember
If You’re a U.S. Citizen
If You Have a Green Card (Permanent Resident)
You’re probably good. Green card holders can only be deported under specific circumstances such as certain criminal convictions or fraudulent claims of U.S. citizenship. Even in those cases a judge has to review and rule on the matter.
If You Have a Pending Application
Knowing your immigration status is crucial for making informed decisions about your future. Your immigration status can determine your eligibility for certain forms of immigration relief, such as visas, work permits, or even a green card. It can also affect your ability to work, access education and healthcare, and travel.
There are various types of immigration status, including lawful permanent resident (green card holder), refugee, asylum seeker, and undocumented immigrant. Each status comes with its own set of rights and responsibilities.
If you are unsure about your immigration status, it is essential to consult with an attorney who specializes in immigration law. An experienced attorney can help you understand your current status and provide guidance on the best course of action. They can also assist you in determining if you are eligible for any forms of immigration relief.
Understanding your immigration status is the first step in protecting yourself and your family. By knowing where you stand, you can make more informed decisions and take proactive steps to secure your future.
Trump says his new administration will be the biggest deportation mission in US history.
With immigration policies changing, undocumented individuals and their families are more uncertain. Being proactive now will help keep your family safe and you better prepared for whatever comes next.
If you are interested in finding out what you can to can do to protect yourself and your loved ones, the article below provides quick top tips to follow. The full version of the Immigrant Safety Plan can be found here.
1. Know Your Rights
In interactions with law enforcement or immigration officials, know your rights.
Practice
2. Get Legal Help
Legal representation is key to navigating the complex immigration system. Do:
If you can’t afford an attorney, look into pro bono legal services or non-profit organizations that can help.
Note: If you have some legal status but not a green card or citizenship, look into upgrading:
3. Gather Important Documents
Collect and organize documents that will be crucial in the event of an emergency.
Documents to Collect:
Storage Tips:
4. Family Emergency Plan
Having a clear plan can reduce stress in an emergency. Involve all family members in creating and practicing the plan.
Components of a Family Plan:
Legal Documentation:
5. Financial Preparedness
Protect your financial assets and have financial security and stability for your family.
6. Build Community
Support networks can be a lifeline during tough times.
7. Register with Your Consulate
Your consulate can help in emergencies like replacing documents, contacting family abroad or legal aid.
8. Stay Informed of Policy Changes
Immigration rules can change overnight. Stay updated by:
9. Educate and Prepare Your Family
Your family’s awareness and preparation is just as important as yours.
10. Don’t Take Risks
Some actions can put you at risk of detention or the possibility of deportation.
11. Stay Calm
Tips for Remaining Calm in a Highly Stressful Situation
It is important for you and your family’s safety that you do the best you can to remain calm and practice self-care.
Staying calm under stress can feel overwhelming, but adopting specific strategies can help you regain control and make rational decisions. Here’s how to manage stress effectively:
Practicing these techniques regularly can build resilience and prepare you for handling future challenges with greater calmness.
Documents to Not Carry:
Final Checklist
Legal Documents
Children and Family
Legal and Financial
Community and Support
Technology and Communication
Health and Safety
Other
Take Action
By taking these steps, immigrant families will be better prepared to face any emergency. Prepare now and you and your loved ones will be ready.
The Herman Legal Group has been defending and protecting immigrant families for nearly 30 years. We are ready to help you.
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The December 2024 Visa Bulletin is out from the U.S. Department of State’s Bureau of Consular Affairs. This shows the green card priority dates for employment-based and family-based categories.
This is important for green card applicants as it shows the updated priority dates that will impact how soon you can move forward in the process.
Here’s what’s new, what’s not and how it impacts I-485 (Adjustment of Status applications filed with USCIS) and DS-260 (Immigrant Visa applications filed at National Visa Center for consular processing).
Employment-Based Categories
Key Highlights
The EB-4 category, which includes certain religious workers, also remains unchanged.
Family-Based Categories
Applicants should refer to the Dates for Filing chart to determine eligibility for various family sponsored preference categories.
In the green card application line, the Visa Bulletin shows priority final action dates which are placeholders. Each month the U.S. Department of State calculates how many applications are in each category and determines visa availability.
The applicant’s priority date must be earlier than the cut-off dates listed in the Visa Bulletin to determine visa eligibility and whether an individual can file their application or must wait for their case to be processed, affecting all immigrant visa applicants.
There are Two Main Sections:
Current Bulletin: December 2024
Note: Dates in the bulletin are in DAY-MONTH-YEAR (dd-mmm-yy) format.
Final Action Dates (Chart A)
Filing Dates (Chart B)
The gap between these dates is the expected USCIS processing time and visa availability.
If your priority date is current, there are two choices:
Chart B: Filing Dates
Adjustment of Status Applications
DS-260 Immigrant Visa Applications
Chart A: Final Action Dates
The gap between Filing Dates and Final Action Dates is the processing time.
What is my priority date?
This is the date you submitted your green card application, usually without any changes. If you’re not sure of your priority date, check your immigration papers or consult with an immigration attorney.
What if my country has a backlog?
Because of high demand for immigration services, some countries have longer processing times. This can cause the cut-off dates to move or even go backward compared to the final action dates chart.
How long will I wait?
The Visa Bulletin can’t give you an exact wait time. It varies by category, visa type and country backlog. For example, the process might be faster in some countries than others, or revised process might be needed in some cases by embassies abroad.
There are numerical limits to each category of family based green cards (except immediate relative relatives) and employment based green cards. Additionally, no one country can obtain more than 7% o that allotted number per year.
The allocation of visas, especially for family-sponsored and employment-based green cards, follows a complex quota system established by Congress. This system caps the number of green cards that can be issued annually in different categories, with certain exemptions, such as for immediate relatives. Understanding this system helps applicants navigate the visa process and anticipate potential wait times.
Immediate Relatives of U.S. Citizens: Unlimited Visa Allocation
For immediate relatives of U.S. citizens, there is no numerical limit on visas. Immediate relatives include:
Since there is no annual cap, applicants in this category do not face backlogs due to visa numbers. However, they must still meet eligibility requirements, go through processing at U.S. Citizenship and Immigration Services (USCIS) and the Department of State, and adhere to general application timelines.
Family-Based Green Cards: The Annual Quota System
Family-sponsored visas for other relatives (not immediate relatives) are subject to annual numerical limits based on the worldwide family preference level as determined by the Immigration and Nationality Act (INA):
Any unused visas in one category can sometimes flow into others; however, these family-based categories are typically oversubscribed, leading to lengthy wait times, particularly for applicants from countries with high demand, such as Mexico and the Philippines.
Employment-Based Green Cards: The Annual Cap and Country Limits
Employment-based green cards are subject to an annual cap of 140,000 visas. This category includes five primary preferences, each with an allocated percentage of the total:
The fourth and fifth preferences, EB-4 and EB-5, have specific numerical allocations and limitations, with 9,940 visas each. Unutilized numbers from these preferences can affect the availability of visas in higher preferences, impacting the overall distribution based on demand.
Country Limitations
Each country is limited to 7% of the total annual visas in any category, a rule that affects high-demand countries such as India and China, especially in the EB-2 and EB-3 categories. When applicants from these countries exceed their allocation, they face significant backlogs.
Key Issues with the Quota System
For a deeper explanation, read this.
These tables help visualize the cut-off dates and movements in each category for easier reference.
Family-Based Green Card Backlogs (November 2024)
Chart B (File I-485/USCIS or DS-260NVC)
Filing Date Chart
This chart specifies when applicants can begin submitting required documentation
| Category | Country | New Cut-Off Date | Old Cut-Off Date | Movement |
| F-1: Unmarried Children (21+ years) of U.S. Citizens | All Other Areas | 1-Sep-17 | 1-Sep-17 | No Change |
| China | 1-Sep-17 | 1-Sep-17 | No Change | |
| India | 1-Sep-17 | 1-Sep-17 | No Change | |
| Mexico | 1-Oct-05 | 10 Oct -05 | No Change | |
| Philippines | 22-Apr-15 | 22-Apr-15 | No Change | |
| F-2A: Spouses & Unmarried Children (<21 years) of U.S. Green Card Holders | All Other Areas | 15-Jul-24 | 15-Jul-24 | No Change |
| China | 15-Jul-24 | 15-Jul-24 | No Change | |
| India | 15-Jul-24 | 15-Jul-24 | No Change | |
| Mexico | 15-Jul-24 | 15-Jul-24 | No Change | |
| Philippines | 15-Jul-24 | 15-Jul-24 | No Change | |
| F-2B: Unmarried Children (21+ years) of U.S. Green Card Holders | All Other Areas | 1-Jan-17 | 1-Jan-17 | No Change |
| China | 1-Jan-17 | 1-Jan-17 | No Change | |
| India | 1-Jan-17 | 1-Jan-17 | No Change | |
| Mexico | 1-Jul-06 | 1-Jul-06 | No Change | |
| Philippines | 1-Oct-13 | 1-Oct-13 | No Change | |
| F-3: Married Children of U.S. Citizens | All Other Areas | 22-Apr-12 | 22-April-12 | No Change |
| China | 22-Apr-12 | 22-April-12 | No Change | |
| India | 22-Apr-12 | 22-April-12 | No Change | |
| Mexico | 15-Jun-01 | 15-Jun-01 | No Change | |
| Philippines | 8-May-04 | 8-May-04 | No Change | |
| F-4: Siblings of U.S. Citizens | All Other Areas | 1-Mar-08 | 1-Mar-08 | No Change |
| China | 1-Mar-08 | 1-Mar-08 | No Change | |
| India | 1-Aug-06 | 1-Aug-06 | No Change | |
| Mexico | 30-Apr-01 | 30-Apr-01 | No Change | |
| Philippines | 22-Jul-07 | 22-Jul-07 | No Change |
Employment-Based Green Card Backlogs (November 2024)
Chart B (File I-485/USCIS or DS-260NVC)
The employment-based green card backlogs are a significant concern for many applicants. The availability of more immigrant visas can influence whether applicants can use the Dates for Filing chart. If there are more immigrant visas available than known applicants for such visas, USCIS will allow the use of this chart for filing adjustment of status applications, which can affect processing times and applicant eligibility.
Filing Date Chart
This chart reflects the earliest date an applicant may file their application for a green card:
| Category | Country | New Cut-Off Date | Old Cut-Off Date | Movement |
| EB-1: Extraordinary People, Outstanding Researchers & Professors, Executives & Managers | All Other Areas | Current | Current | No Change |
| China | 1-Jan-23 | 1-Jan-23 | No Change | |
| India | 15-Apr-22 | 15-Apr-22 | No Change | |
| Mexico | Current | Current | No Change | |
| Philippines | Current | Current | No Change | |
| EB-2: Exceptional People & Advanced Degree Holders | All Other Areas | 1-Aug-23 | 1-Aug-23 | No Change |
| China | 1-Oct-20 | 1-Oct-20 | No Change | |
| India | 1-Jan-13 | 1-Jan-13 | No Change | |
| Mexico | 1-Aug-23 | 1-Aug-23 | No Change | |
| Philippines | 1-Aug-23 | 1-Aug-23 | No Change | |
| EB-3: Skilled Workers, Professionals | All Other Areas | 1-Mar-23 | 1-Mar-23 | No Change |
| China | 15-Nov-20 | 15-Nov-20 | No Change | |
| India | 8-Jun-13 | 8-Jun-13 | No Change | |
| Mexico | 1-Mar-23 | 1-Mar-23 | No Change | |
| Philippines | 1-Mar-23 | 1-Mar-23 | No Change | |
| EB-3: Unskilled Workers | All Other Areas | 22-May-21 | 22-May-21 | No Change |
| China | 1-Jan-18 | 1-Jan-18 | No Change | |
| India | 8-Jun-13 | 8-Jun-13 | No Change | |
| Mexico | 22-May-21 | 22-May-21 | No Change | |
| Philippines | 22-May-21 | 22-May-21 | No Change | |
| EB-4 Including Certain Religious Worker | All Other Areas | 1-Feb-21 | 1-Feb-21 | No Change |
| China | 1-Feb-21 | 1-Feb-21 | No Change | |
| India | 1-Feb-21 | 1-Feb-21 | No Change | |
| Mexico | 1-Feb-21 | 1-Feb-21 | No Change | |
| Philippines | 1-Feb-21 | 1-Feb-21 | No Change | |
| EB-5: Set-Aside (Rural, High Unemployment, Infrastructure) | All Other Areas | C | C | No Change |
| China | C | C | No Change | |
| India | C | C | No Change | |
| Mexico | C | C | No Change | |
| Philippines | C | C | No Change | |
| EB-5: Unreserved (including C5, T5, I5, R5) | All Other Areas | C | C | No Change |
| China | 1-10-16 | 1-10-16 | No Change | |
| India | 1-4-22 | 1-4-22 | No Change | |
| Mexico | C | C | No Change | |
| Philippines | C | C | No Change |
Tracking Your Application
Priority date retrogression is when the cut-off date moves backward. In other words, the dates that were previously current for processing are now delayed due to high demand and limited visa numbers.
Retrogression can happen in any visa category (family-based or employment-based) and is influenced by the annual visa cap and country-based limits. Retrogression affects people waiting for immigrant visas (green cards) by delaying their ability to get a visa even if they were closer to processing in previous months.
Why Does Retrogression Happen?
Retrogression is mainly due to the supply and demand of visas:
The Department of State (DOS) does not send email updates for the Visa Bulletin, but the Visa Bulletin is available online. The monthly Visa Bulletin lists cut-off dates for visa availability, which determines which applicants can file for adjustment of status or permanent resident status. Enter your email address below to get monthly updates. This will help you track priority final action dates and any big movements in your category.
For more information on the Visa Bulletin and how it affects your green card application check out:
The Visa Bulletin is important for anyone in the U.S. immigration process. Here’s what to take away:
By following the Visa Bulletin each month you can make informed decisions and be prepared for each step of your immigration journey.
Recent Changes: USCIS and Department of State Collaboration
USCIS and the Department of State have changed how they determine visa availability to make the process more efficient. This is good for applicants as it’s consistent whether you’re applying in the U.S. or at a U.S. embassy or consulate abroad.
What This Means for Applicants:
For more information see the USCIS Revised Procedures Announcement.
Past Visa Bulletins and Historical Data
The Visa Bulletin archives go back to Fiscal Year 2002 through 2025 so you can see the changes over time.
How to Use Historical Data:
Example Fiscal Year Archive:
Full Final Action Date Lists
These are annual lists of the Final Action Dates for each country and category. Useful for applicants from oversubscribed countries like India, China, Mexico and the Philippines.
Family-Based Preferences by Region
Employment-Based Preferences by Region
Note on Afghan and Iraqi Special Immigrants (SI): These applicants have special final action dates in select years. If there is no date for a year it means the category was “Current” which means no wait time.
The Numerical Control Process: How Visa Limits Affect Cut-Off Dates
To ensure even distribution of visas each category and country has numerical limits. The Numerical Control Process affects cut-off dates as it’s based on the number of visas available versus demand in each category.
How it works:
For more information the Operation of the Numerical Control Process document explains how visas are allocated and cut-off dates are set.
Tracking Your Application: Monthly Monitoring and Resources
Monthly Visa Bulletins are key to staying informed. Monitoring the bulletin regularly will help you:
More Resources and Tools
USCIS and the Department of State offer more resources to help applicants understand their green card process:
Stay up to date on Visa Bulletin releases and track your priority dates and the immigration process will be more predictable and less painful.
The Adjustment of Status (AOS) Filing Chartsare key to U.S. based green card applicants to know when to file. These charts—updated monthly by USCIS and the Department of State (DOS)—tell you which chart to use, Dates for Filing or Final Action Dates.
Here we explain these charts in simple terms, how they affect AOS applications and what you need to know for November 2024.
What are USCIS Adjustment of Status Filing Charts?
USCIS releases two charts each month for adjustment of status applicants:
Note: If a category is current in the Final Action Dates chart or if the cut-off date is after the date in the Dates for Filing chart you can use the Final Action Dates chart for that month.
How USCIS Chooses the Filing Chart Each Month
USCIS decides which chart to use based on the number of visas available and the demand. If there are more visas than applicants they use the Dates for Filing chart. If there are more applicants than visas they use the Final Action Dates chart to manage demand.
December 2024 Adjustment of Status Filing Chart
For December 2024 USCIS has decided to use the Dates for Filing chart for both family-sponsored and employment-based categories:
For Family-Sponsored
For Employment-Based
Previous Months and Historical AOS Filing Charts
If you want to track historical trends previous AOS Filing Charts are available online from 2015 to present. These archives will help you see the date movement and changes over the years which can be helpful for planning and future filing.
Adjustment of Status Applicants
The December 2024 Visa Bulletin will tells something about how soon you can expect to move in the employment-based and family-based green card categories. While we can’t predict the future visa bulletin with 100% accuracy, here is our best estimatation.
Visa Bulletin Predictions
Visa Bulletin predictions are based on past date movement and current demand so applicants can see when they can file or get green card approval.
For millions of individuals waiting in employment-based and family-based categories, the Visa Bulletin provides essential updates about green card availability.
By reviewing the bulletin, applicants gain insight into when they might be eligible to apply for or receive their green cards. Below is a comprehensive analysis of the predictions for January 2025.
These predictions provide an estimate of potential movements in family-sponsored categories for January 2025. While they offer guidance, applicants should consult with an immigration attorney for precise advice.
F1: Unmarried Adult Sons and Daughters of U.S. Citizens
F2A: Spouses and Minor, Unmarried Children of Lawful Permanent Residents (LPRs)
F2B: Unmarried Adult Sons and Daughters of LPRs
F3: Married Adult Sons and Daughters of U.S. Citizens
F4: Brothers and Sisters of U.S. Citizens
Family-Based Visa Allocation Numbers
Family-based green card categories have specific numerical limits:
Predictions for employment-based categories in January 2025 suggest possible retrogression due to high demand, particularly in the EB-2 and EB-3 categories. Below are category-specific insights:
EB-1: Priority Workers
EB-2: Advanced Degrees and Exceptional Ability
EB-3: Professionals and Skilled Workers
Key Insights from the State Department
The U.S. State Department has highlighted the following challenges for employment-based categories:
Employment Preference Numbers:
Impact of High Demand and Retrogression
The U.S. Department of State has previously noted that demand in EB-2 and EB-3 may require retrogression especially for India, China, Mexico and Philippines. This is to keep visa usage within annual limits and adjust the flow of applications accordingly.
Per-Country Cap: No country can get more than 7% of the total family-based or employment-based visas in a year. This is the reason for longer wait times for applicants from high demand countries like India, China, Mexico and Philippines.
Sample Data for Employment-Based Backlogs (June 2023)
| Category | India | China | Mexico | Philippines | Rest of World |
| EB-1 | 10,049 | 5,762 | 0 | 0 | 0 |
| EB-2 | 426,465 | 40,039 | 889 | 307 | 25,292 |
| EB-3 | 133,409 | 21,695 | 886 | 8,331 | 12,602 |
| Other Workers | 252 | 1,327 | 5,383 | 2,772 | 16,409 |
Total Applicants Waiting: Over 1.2 million across categories, with India representing a significant portion of the backlog.
Dates for Filing Chart in Effect
No Priority Dates Movement
The U.S. immigration system and immigration services can be complex, but with the right information and resources you can make informed decisions about your green card application and filing chart. The Visa Bulletin is a key tool in this process, showing wait times and priority final action dates for each category. By staying informed and proactive you can increase your chances of a successful and timely green card application.
Herman Legal Group will be tracking Visa Bulletin changes.
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On November 7, 2024 A federal district court judge in Texas just blocked the Biden administration’s “Keeping Families Together” (KFT) program which allowed certain undocumented spouses of U.S. citizens to stay in the country, work legally and pursue green cards without fear of deportation.
This 74 page ruling is permanent, subject to appeal, and a big blow to the Biden administration’s immigration policy.
Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas, a Trump appointee in 2018, ruled that the administration exceeded its authority by implementing the program without congressional approval.
The district court judge’s decision came after a lawsuit was filed by 16 Republican-led states, led by Texas Attorney General Ken Paxton, which argued the policy imposed an undue burden on states by increasing the cost of public services.
In his opinion, Judge Barker said the Biden administration’s legal interpretation of immigration law “stretches the law past its breaking point.” He also denied a request from those who benefit from the program to intervene in the case to defend it.
The “Keeping Families Together” program which was launched in August 2024 was designed to help mixed-status families—where one spouse is a U.S. citizen and the other is undocumented—avoid long term separations.
This policy addressed the challenges faced by mixed-status families and was expected to impact 750,000 to 800,000 people.
Undocumented spouses have to leave the U.S. to apply for legal residency which can take years. The KFT program provided a pathway for these immigrant spouses to stay in the U.S. legally through a process called “parole in place.”
The KFT program provided deportation protections for undocumented spouses, allowing them to stay in the U.S. legally through a process called “parole in place.”
The Biden administration’s “Keeping Families Together” policy was supposed to support family unity and provide safety for undocumented spouses and stepchildren of U.S. citizens.
Under this program eligible individuals could apply for a green card without having to leave the U.S. to complete the process. The policy was supposed to reduce family separation caused by immigration backlogs and complex procedures.
Eligibility Requirements:
To be eligible you had to:
Key Facts of the KFT Program:
The lawsuit against the program started almost immediately after it was launched. Here’s the timeline:
These officials along with many Republican lawmakers argued that the Biden administration didn’t have congressional authority to do this policy.
They also argued that the program would put a strain on states’ budgets by adding more people eligible for public benefits.
They argued that Congress had not granted the executive branch the statutory authority to implement such a policy, highlighting concerns over executive overreach.
Judge Barker said the administration’s use of “parole in place” to grant status to undocumented spouses went beyond what the law allowed.
He said the rule focused on the benefits of legal status rather than the immediate presence of these individuals in the U.S. which is outside the scope of parole authority.
Judge Barker was appointed to the Eastern District of Texas by Trump in 2018 and installed as a district judge in 2019.
He has a history of ruling against Biden administration immigration policies. In 2021 he issued an injunction against the 100-day deportation pause, siding with Texas’s argument that the pause would cost the state more.
In this ruling he said the administration didn’t have the authority to do a program of this size without congressional approval.
A Court Friendly to Conservatives: Judge Barker sits on the Eastern District of Texas, a court where conservative states often file challenges to federal policies. This court has been the venue for many cases that test the limits of executive authority on immigration
The ruling fits into a larger political landscape where Biden administration policies are being challenged and blocked.
Trump’s Immigration Position: Throughout his campaign Trump repeated anti-immigrant talking points and promised to go after undocumented individuals. His win has heightened the anxiety in immigrant communities about what’s to come
This ruling is especially concerning for families who are worried about what’s next as President-elect Donald Trump gets back into office. Trump who ran on stricter immigration enforcement and “deportation nation” has promised to do even more on immigration than he did his first time around.
The end of the KFT program leaves hundreds of thousands of families in limbo. Without this program undocumented spouses will have to leave the U.S. to apply for legal status and face long periods of separation and uncertainty.
The ruling also highlights the complexities of relevant immigration law and the challenges faced by mixed-status families.
The ruling also shows the difficulties the Biden administration is having in doing immigration reform through executive action. Without legislative reform mixed-status families will continue to be at risk of separation and legal limbo.
This creates tremendous anxiety and stress for hundreds of thousands of families. Many are implementing steps to enhance their safety, and protect their children and assets.
This fits into a larger pattern of state-led challenges to federal immigration policies. Other big cases have shaped U.S. immigration policy and often tested federal authority and state economic interests. Here are some of them:
After Judge Barker’s ruling the administration will likely appeal. The case will go to the 5th U.S. Circuit Court of Appeals which handles Texas immigration cases and is quick to rule on them, usually within 3-6 months.
If the case gets to the Supreme Court it could take another 6-18 months for a final decision.
The KFT program shows the difficulties the Biden administration has in doing immigration policy through executive action alone. Without congressional support KFT and other programs are vulnerable to legal challenges and political change.
Now immigrant families wait. And prepare. Read this Guide on Safety Planning for Immigrant Families.Top of Form
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On 9/25/2024, USCIS issued new guidance on calculating ages under the Child Status Protection Act (CSPA) for noncitizens who will miss the “sought to acquire” requirements due to extraordinary circumstances.
This update explains the CSPA age determination when circumstances prevent applicants from meeting the original timeline for obtaining lawful permanent resident (LPR) status.
The CSPA was created to prevent certain child beneficiaries from “aging out” due to delays in the process. Under the Immigration and Nationality Act (INA) an unmarried person under 21 is considered a child. But children can lose eligibility if they turn 21 during the process.
The CSPA helps by determining and ‘freezing’ a child’s age at specific points, such as when a relevant immigration form is filed, allowing certain children under the age of 21 to retain their status.
For family-based, employment-based and diversity visa categories the CSPA provides a calculation to retain child status based on visa availability dates. Generally applicants must take steps to obtain LPR status within one year of a visa becoming available.
The Child Status Protection Act (CSPA) prevents children of immigrants from “aging out” or losing eligibility because they turn 21 before their process is complete.
For immigration purposes, maintaining eligibility under the CSPA involves meeting the “sought to acquire” requirement within one year of visa availability by taking steps such as filing for adjustment of status or paying fees.
But the new guidance covers scenarios where extraordinary circumstances prevented those actions and allows applicants to keep their CSPA protected status under certain conditions.
Key Factors:
Example Situations:
When an applicant shows extraordinary circumstances USCIS may allow an adjusted CSPA age calculation based on the original visa availability date.
Visa retrogression where the visa availability moves backward often limits when applicants can file for adjustment of status. When visas retrogress in a specific preference category, an applicant may lose access to a visa that was once available and can break the continuous 1-year timeframe required by the CSPA.
In those cases, USCIS allows a new 1-year period to start from the next time the visa becomes available. The applicant’s CSPA age will then be calculated based on that new visa availability date.
New Guidance
The new guidance covers scenarios where:
In those cases USCIS may:
Additional Changes to USCIS Policy Manual:
This guidance brings clarity and consistency to CSPA age calculations in tricky situations so that:
Changes
USCIS Policy Manual, Volume 7, Part A, Chapter 7 now has:
See the updated sections of the USCIS Policy Manual, Volume 7: Adjustment of Status for more information.
The Child Status Protection Act (CSPA) was enacted to help noncitizen children who would “age out” of certain visa categories by turning 21. CSPA provides age calculation methods to protect qualifying children who would otherwise lose eligibility. This page explains CSPA’s purpose, scope and requirements.
1. Child Status Protection Act (CSPA) Purpose
CSPA is to prevent children from losing visa eligibility due to delays. A “child” under U.S. immigration law means an unmarried person under 21. CSPA does not change this definition but provides age calculation rules to help applicants qualify for a visa and remain a “child” even if they turn 21 while waiting. This is crucial for maintaining their eligibility for permanent residency under the CSPA.
2. CSPA Eligibility
CSPA applies to:
Each has its own CSPA rules.
3. Key Dates and CSPA Effective Date
CSPA became effective August 6, 2002. To qualify for CSPA, the underlying form or adjustment application must have been filed or pending on or after this date.
Special provisions:
4. How CSPA Age is Calculated
CSPA age calculation varies by category. Here’s how it works for each:
Immediate Relatives and VAWA Self-Petitioners
Family and Employment-Based Preference & Diversity Visa
Derivative Refugees and Asylees
Age Freezes on Filing Date: For refugees, age freezes on the filing date of the Form I-590 (date of parent’s interview); for asylees, age freezes on the filing date of Form I-589. Derivative asylees must remain unmarried to qualify for CSPA under INA 209.
K-2 and K-4 Visa Holders
Limited CSPA Protection: CSPA does not cover K-2 and K-4 visas directly but K-2 and K-4 applicants can use CSPA if a U.S. citizen stepparent files a Form I-130 on their behalf before they turn 21.
5. “Sought to Acquire”
To benefit from CSPA as a family preference, employment preference or DV applicant, you must “seek to acquire” lawful permanent residence within 1 year of visa availability.
Ways to meet this requirement:
Special Note: If you miss the 1-year deadline, USCIS may excuse this if you can show extraordinary circumstances beyond your control.
6. Exceptions and Extraordinary Circumstances
If you miss the “sought to acquire” 1-year deadline, you may still benefit from CSPA if you can show extraordinary circumstances that prevented timely filing, including:
These must be beyond the applicant’s control and justify the delay.
7. Special Cases and Examples
Changes Due to Petitioner’s Naturalization
If a lawful permanent resident (LPR) petitions a child and the LPR becomes a U.S. citizen, the petition’s classification changes.
Here’s what you need to know:
LPR Parent’s Child Becomes Immediate Relative:
If an LPR parent becomes a U.S. citizen before the child turns 21, the child’s age is frozen at that date and they can qualify as an immediate relative without aging out.
Opting Out of Automatic Conversion:
If an unmarried son or daughter of an LPR (F2B category) wants to stay in F2B instead of switching to F1 (unmarried son or daughter of a U.S. citizen), they can opt out if the wait times are shorter. A signed letter with personal details should be sent to the USCIS office that approved the petition.
Navigating the application process for the Child Status Protection Act (CSPA) involves several critical steps and requirements. To qualify for CSPA benefits, applicants must be derivative beneficiaries of family-based or employment-based immigrant visa petitions, or derivative refugees or asylees.
Additionally, they must have a pending or approved immigrant visa petition and be actively seeking to adjust status to lawful permanent resident.
To initiate the process, applicants need to submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with the required filing fee.
Supporting documentation, such as a copy of the applicant’s birth certificate, passport, and the immigrant visa petition, must also be provided to substantiate the application.
A crucial aspect of the application is demonstrating that the applicant has sought to acquire lawful permanent resident status within one year of their priority date becoming current.
This can be achieved by filing an adjustment of status application or submitting a written request to transfer the underlying basis of the adjustment of status application.
Meeting this requirement is essential to securing CSPA benefits and ensuring the applicant’s age is calculated favorably under the act.
In certain situations, applicants may face challenges that prevent them from meeting the sought to acquire requirement within the stipulated timeframe.
These extraordinary circumstances can include serious illness, natural disasters, or legal errors that hinder the applicant’s ability to take the necessary steps towards seeking lawful permanent resident status.
USCIS evaluates claims of extraordinary circumstances on a case-by-case basis, considering the specific facts and context of each situation.
Applicants must provide comprehensive documentation to support their claims, such as medical records, evidence of natural disasters, or proof of legal errors.
If USCIS determines that the applicant’s failure to meet the sought to acquire requirement was due to extraordinary circumstances, the applicant may still be eligible for CSPA benefits.
In such cases, the applicant’s CSPA age will be calculated based on the original visa availability date, rather than the date the visa became available after the extraordinary circumstances had passed. This adjustment ensures that applicants are not unfairly penalized for delays beyond their control.
In February 2023, USCIS released major updates to its CSPA guidance and how age is calculated for noncitizen children seeking to adjust status. The announcement clarifies when a visa “becomes available”, a key point in CSPA eligibility.
This is a big step in helping applicants who are at risk of “aging out” due to long processing times. Here’s the breakdown, what’s changed and who’s affected.
February 2023 Policy Update Highlights
In February 2023, USCIS updated its Policy Manual to redefine when an immigrant visa is considered “available” for CSPA age calculations. The update clarifies eligibility criteria and expands the law to help more applicants avoid aging out.
Key changes include:
These changes affect individuals in preference categories (family-based and employment-based) who are at risk of aging out. By using the Dates for Filing chart for age calculations, USCIS is allowing more applicants to qualify under CSPA. This is especially good for applicants in high demand categories from countries with big backlogs like Mexico, India and the Philippines.
Example
An applicant is a dependent child on their parent’s family-sponsored visa application. Under the old policy, the child would only lock in their CSPA age when the visa was current according to the Final Action Dates chart which could be years after the Dates for Filing chart.
Now, using the Dates for Filing chart, the applicant can calculate their CSPA age based on an earlier date and potentially qualify to remain a child even if they turn 21 before the Final Action Date is current.
How to Qualify for CSPA Under the New Rules
To qualify for CSPA under the new rules, follow these steps:
Steps to Reopen Previously Denied Cases
For those whose cases were denied because they aged out, the new guidance offers an opportunity to reopen the case based on the new CSPA interpretation. Here’s how to do it:
More Resources and Links
For more information on K-1, K-2 and K-4 visa processing, see the Fiancé(e) Visas and Green Card for Fiancé(e) of U.S. Citizen pages on the USCIS website.
Summary Checklist
Make sure you understand your eligibility and CSPA protection by:
The CSPA is a tool to protect age eligibility allowing certain applicants to stay in child status beyond their 21st birthday.
The Child Status Protection Act (CSPA) is a vital piece of legislation that offers significant protections for young individuals seeking to immigrate to the United States.
Understanding the application process and requirements, as well as the criteria for evaluating extraordinary circumstances, is crucial for navigating the CSPA process and securing its benefits.
Given the complexity of the CSPA and the broader US immigration system, it is highly recommended that applicants seek the guidance of an experienced immigration attorney. Professional legal advice can help ensure eligibility for CSPA benefits and provide support throughout the application process.
Additionally, staying informed about changes to the CSPA and other immigration laws and policies is essential for maintaining eligibility and maximizing immigration benefits.
CSPA is age-out protection for certain applicants, an alternative age calculation to keep children eligible for immigrant visas or green cards despite the delay. Know the CSPA requirements, eligibility and calculations to make sure all qualifying children can benefit from this law.
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On October 10, 2024, U.S. Citizenship and Immigration Services (USCIS) released updated guidance for the International Entrepreneur Rule (IER).
This Policy Manual update clarifies changes to the financial requirements for qualifying entrepreneurs, specifically investment levels, revenue thresholds, average annualized revenue growth, and other criteria.
IER Is Not Popular
The program is not popular at all. Historical data shows an average of 19 Form I-941 applications filed annually from FY 2018-2023. The increase in minimum investment levels will not likely result in more applications being filed.
2024 Financial Criteria
To keep up with inflation, USCIS has updated the minimum capital investment and revenue levels as of October 1, 2024. These will be updated every 3 years.
The updated financial criteria are designed to ensure that only startups with substantial potential for growth and job creation qualify, emphasizing the importance of demonstrating a startup entity’s substantial potential through considerable investment from qualified U.S. investors and relevant government awards.
Initial Parole Application Criteria
To qualify for initial parole, an entrepreneur must meet the updated investment or grant requirements. For Fiscal Year 2025 (beginning October 1, 2024):
If these thresholds are not met, applicants can still qualify by providing strong evidence of their startup entity’s substantial potential for growth and job creation.
Re-Parole Criteria for Continuing Entrepreneurs
For re-parole, entrepreneurs must show that during their initial parole period, the business entity or start-up achieved one or more of the following:
Like the initial parole, entrepreneurs can still qualify for re-parole by providing additional evidence of the start-up’s impact on U.S. growth if they only meet some of these criteria.
Qualified Investor Standards:
Investors must have invested $746,571 or more in start-ups over the past 5 years, with those start-ups creating significant job creation or revenue growth
Triennial Adjustments
Every 3 years, USCIS will update the investment and revenue levels to reflect current economic data. This will impact the criteria for initial application and subsequent renewals.
Biometrics (fingerprints and photo) are required for all applicants, including family members. Collection locations vary based on the address entered in the application:
Applicants approved conditionally under the IER and living outside the U.S. will benefit from USCIS and U.S. Department of State coordination for their biometrics appointments.
This includes:
Effective Dates
October 1, 2024, new investment, revenue and funding requirements will apply to IER applications. Noncitizen entrepreneurs and their spouses and children should follow these guidelines to be compliant with the new standards.
For more information, see the Policy Alert PDF on USCIS’s website.
To demonstrate significant public benefit, entrepreneurs must show that their startup entity has the potential to create jobs, stimulate economic growth, and contribute to the overall well-being of the United States. This can be achieved by providing evidence of the startup’s potential for rapid growth and job creation, as well as its potential to make a significant impact on the U.S. economy.
Entrepreneurs can demonstrate significant public benefit by providing documentation such as:
By providing this documentation, entrepreneurs can demonstrate that their startup entity has the potential to make a significant contribution to the U.S. economy and create jobs for U.S. workers.
The International Entrepreneur Rule is designed to attract foreign entrepreneurs who can create jobs and stimulate economic growth in the United States. To be eligible for the program, entrepreneurs must demonstrate that their startup entity has the potential for rapid growth and job creation.
Entrepreneurs can demonstrate job creation and economic growth by providing evidence of the startup’s potential for revenue growth, job creation, and innovation. This can include:
By providing this documentation, entrepreneurs can demonstrate that their startup entity has the potential to create jobs and stimulate economic growth in the United States.
The International Entrepreneur Parole Program was introduced on January 17, 2017, allowing DHS to parole on a case-by-case basis foreign entrepreneurs of start-ups that can demonstrate a very significant investment and public benefit to the United States. The program aims to drive economic growth, job creation and innovation through high-growth start-ups. Key changes to the program include automatic adjustments to the investment and revenue criteria to reflect inflation and economic changes.
The International Entrepreneur Rule allows noncitizen entrepreneurs to bring their start-ups to the U.S. if they show significant potential for growth and job creation. Through a temporary status called “parole” immigrant entrepreneurs can grow their business while benefiting the U.S. economy.
Many questions arise for all dual citizens in the nation. Here are some helpful answers to all these frequently asked questions considering real-world issues.
Entrepreneurs must meet key requirements for the following to qualify under the International Entrepreneur Rule:
Definitions of Qualified Investments and Investors
The rule states that to be considered a qualified investor, an individual or entity must:
Spouses and Children
Family Members:
Entrepreneurs who are granted parole under the International Entrepreneur Rule are authorized to enter the United States for an initial parole period of up to 30 months. During this time, they are allowed to work only for the startup entity and are not eligible for employment authorization.
If an entrepreneur wishes to travel outside of the United States during their parole period, they must apply for advance parole. Advance parole is a document that allows an entrepreneur to re-enter the United States after traveling abroad.
To apply for advance parole, entrepreneurs must submit Form I-131, Application for Travel Document, to U.S. Citizenship and Immigration Services (USCIS). The application must include documentation such as a copy of the entrepreneur’s parole authorization, a copy of their passport, and evidence of their central and active role in the startup entity.
Entrepreneurs who are granted parole under the International Entrepreneur Rule are not eligible to adjust their status to a lawful permanent resident (green card) while in the United States. However, they may be eligible to apply for a different visa status, such as an H-1B or L-1 visa, if they meet the eligibility requirements for that visa.
It’s important to note that entrepreneurs who are granted parole under the International Entrepreneur Rule are not considered to be in a lawful permanent resident status, and therefore are not eligible for certain benefits, such as employment authorization for their spouses or children.
Processing Tips
To avoid delays, make sure your contact information is up to date (U.S. address, phone number and email) so you receive biometrics and travel documents notices on time.
Dallas Lockbox Facility:
For USPS:
For FedEx, UPS, or DHL:
Application Checklist: Make sure all supporting evidence, including proof of qualified investment amount, government grants, ownership documents and biometrics is complete and accurate. Missing documents can result in delays or denials.
More Resources
This guidance is designed to help international entrepreneurs take advantage of the U.S. market while meeting all necessary immigration requirements for launching and growing a U.S.-based start-up.For more information and updates on the International Entrepreneur Rule, entrepreneurs should visit:
Options for Noncitizen Entrepreneurs for long-term visa pathways after parole.On October 10, 2024, U.S. Citizenship and Immigration Services (USCIS) released updated guidance for the International Entrepreneur Rule (IER). This Policy Manual update clarifies changes to the financial requirements for qualifying entrepreneurs, specifically investment levels, revenue thresholds and other criteria.
USCIS Policy Manual for the latest policies.
USICS page on International Entrepreneur Parole
Form I-941 Information Page for application instructions and forms.
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