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A key development occurred in December 2024, when the deference policy was officially written into regulation (the “H-1B modernization rule”), set to take effect on January 17, 2025. Once it takes effect, USCIS adjudicators must apply the deference policy to extension requests involving the same employer, the same employee, and the same job details. USCIS can still decide not to defer to the previous approval if: There was a material error in the earlier approval. There has been a material change in circumstances or eligibility. New information raises doubts about eligibility. Even in these situations, officers must explain why they are not deferring. Importantly, USCIS does not have to defer to decisions made by other agencies, such as the U.S. Department of State or Customs and Border Protection. By turning the deference policy into a regulation, it becomes more difficult for future administrations to eliminate it quickly. Any attempt to rescind or change the policy now requires a lengthy rulemaking process that includes a public notice-and-comment period. Key Takeaways for Employers Greater Predictability: The deference policy, now a regulation, gives employers more certainty that extension petitions will be approved if there are no major changes in the employee’s role or the employer’s situation. Potential Changes Ahead: A future administration could still try to rescind this rule, but they must follow a formal regulatory process, which takes time and offers employers some warning. File Extensions Early: Employers can submit extension petitions up to six months before a visa expires. Filing early can help avoid unexpected policy shifts and minimize risks of RFEs or denials. Overall, the codification of the deference policy is a significant step that offers much-needed stability and efficiency in the U.S. immigration process. By planning ahead and staying informed, employers can take advantage of this improved predictability. As always, working closely with an immigration attorney ensures that extension applications are accurate, well-prepared, and filed promptly—especially during times when policy may evolve.

The U.S. Department of Homeland Security (DHS) announced the designation of Lebanon for Temporary Protected Status (TPS), allowing eligible Lebanese nationals in the United States to stay and work temporarily due to unsafe conditions in their home country. The decision, published in the Federal Register, is based on the ongoing humanitarian crisis in Lebanon, which includes economic instability, widespread violence, and the aftermath of the devastating 2020 Beirut port explosion. The TPS designation for Lebanon is effective December 2023 and will last for 18 months. Lebanese nationals who have been residing in the U.S. since August 1, 2023, may apply for TPS, as long as they meet the eligibility requirements. Lebanese nationals who are granted TPS will be allowed to stay in the U.S. legally, work, and obtain travel authorization during the designated period. This measure is in line with the Biden administration's efforts to assist individuals from countries facing dire conditions. Applicants are advised to apply as soon as possible and to submit the necessary documentation to receive TPS status and related benefits. This designation underscores the U.S. government's support for Lebanese nationals affected by the difficult situation in Lebanon. If you have any questions or would like to know more about the eligibility requirements, contact our office to schedule a consultation with one of our experienced attorneys.

Key Changes to T Visa Process (Effective October 23, 2024) U.S. Citizenship and Immigration Services (USCIS) recently updated its policy for T visas, which provide protection and legal status to noncitizen victims of severe human trafficking. This update, effective October 23, 2024, introduces key changes that streamline the application process and broaden access to benefits for trafficking survivors. One of the most impactful updates is the new ability for T visa applicants to receive work authorization while their T visa application is still pending. Immediate Work Authorization Eligibility In a major shift, T visa applicants can now file for and potentially receive work authorization before their T visa application is approved. Through the new “bona fide determination” process, USCIS assesses basic eligibility at the outset. If an application is deemed “bona fide,” the applicant may be granted deferred action and an Employment Authorization Document (EAD), allowing them to work legally in the U.S. while awaiting full T visa approval. This is a critical step forward, as applicants no longer need to wait until their T visa is approved to receive work authorization. Additional Policy Highlights “Any Credible Evidence” Standard The policy emphasizes that applicants can submit any form of credible evidence in support of their case. This approach ensures that survivors, who may lack traditional documentation, still have a fair chance to prove their situation. Victim-Centered and Trauma-Informed Approach The update reinforces a trauma-informed review process, prioritizing the needs and well-being of trafficking victims and making it more compassionate. Physical Presence Requirement Flexibility USCIS now allows certain exceptions to the rule that applicants must remain in the U.S. due to their trafficking situation, providing flexibility for those who may have briefly departed and returned. Clarified Reporting Requirement While applicants generally must report their trafficking to law enforcement with jurisdiction over trafficking cases, exceptions exist for individuals unable to report due to age or trauma. What This Means for Applicants The T visa offers temporary legal status to certain victims of human trafficking, typically allowing them to stay in the U.S. for an initial period of up to four years. With these updates, the T visa program is now more accessible and supportive, helping survivors gain stability and security sooner. Need Help with a T Visa Application? If you or someone you know is a trafficking survivor and may benefit from a T visa, we’re here to help. Contact us today for expert guidance on T visa applications and work authorization, and start your journey to legal protection and stability.

What is E-Verify+? E-Verify+ is the newest version of E-Verify, a system run by the U.S. Department of Homeland Security (DHS) to help employers confirm the work eligibility of their employees. Effective October 21, 2024, E-Verify+ includes new features designed to streamline the employment verification process and ensure more accurate, secure results for both employers and employees. The E-Verify system checks a person’s work eligibility by comparing information from their Form I-9 (Employment Eligibility Verification) with records from DHS and the Social Security Administration (SSA). E-Verify+ takes this process further with enhanced capabilities and updated features, which make verification faster, more reliable, and more user-friendly. What’s New in E-Verify+? Automated Work Authorization Extensions For employees who are renewing work authorization, E-Verify+ can now provide automatic updates if the renewal process is delayed. This minimizes disruptions for both employers and employees, ensuring that work authorization continues as long as the renewal is in process. Enhanced Accuracy with Biometric Verification One of the key updates in E-Verify+ is biometric verification, which uses fingerprints or other biometrics to confirm an employee’s identity more accurately. This feature is expected to reduce identity theft and improve the reliability of work authorization checks. Simplified Case Management System E-Verify+ includes an updated case management system that allows employers to resolve discrepancies and update information more efficiently. For instance, if there is a mismatch between an employee’s Form I-9 and government records, E-Verify+ will guide employers on next steps to quickly address the issue. Integration with EAD (Employment Authorization Document) Updates Employees applying for Employment Authorization Documents (EAD) will find that E-Verify+ now includes an integration feature that tracks the status of EAD renewals and provides employers with updates on pending applications. What Does This Mean for Employers? With E-Verify+, employers benefit from a more efficient and reliable employment verification process. Employers who participate in E-Verify+ are better equipped to avoid penalties for hiring unauthorized workers while also reducing administrative burdens associated with verification. The system’s enhanced automation helps streamline the hiring process, which can save time and resources for businesses. What Does This Mean for Employees? For employees, E-Verify+ provides greater security and transparency. Automated work authorization extensions can help prevent employment gaps due to delays in authorization processing, which is especially important for those relying on renewals. Additionally, the use of biometrics means employees can be assured that their personal identity is protected during verification. If you want to find out more about E-Verify or want to better understand the employment verification process, please contact one of our experienced Immigration Attorneys!

On June 3, 2024, President Biden signed Proclamation 10773, Securing the Border. On September 27, 2024, President Biden amended Proclamation 10773. The Presidential Proclamation 10773 has suspended and limited the entry of certain noncitizens into the United States across the southern U.S. border. As of June 5, 2024, U.S. immigration enforcement and asylum procedures across the southern U.S. border are more strict. According to the Department of Homeland Security, this suspension and limitation on entry and associated measures will apply until 14 calendar days after there have been 28-consecutive-calendar-days of a 7-consecutive-calender-day average of less than 1,500 encounters by DHS. The suspension and limitation on entry will continue to, or again, apply if there has been a 7-consecutive-calendar-day average of 2,500 encounters or more. Therefore, as of now, there is no end date to the rule. Under the Presidential Proclamation, noncitizens who are apprehended by DHS while attempting to enter the U.S. unlawfully and who do not establish a legal basis to remain in the United States will: be promptly removed to their home country or a third country, face at least a 5-year bar on re-entry, and confront possible criminal charges for a subsequent unlawful reentry. Noncitizens who cross the southern U.S. border unlawfully and who do not fall in one of the exceptions from the Proclamation, are generally ineligible for asylum, unless there are exceptionally compelling circumstances. Noncitizens who cross the southern U.S. border, who do not fall within the exceptions, and are processed for expedited removal will only be referred for a credible fear screening if they express a fear of return to their home country, a fear of persecution or torture, or an intention to apply for asylum. According to DHS, “the U.S. continues to follow international obligations and commitments by screening individuals who manifest or express fear, but who do not qualify for the exceptionally compelling circumstances exception to the rule, for withholding of removal and Convention Against Torture protections at a reasonable probability of persecution or torture standard – a new, substantially higher standard than is applied under the Circumvention of Lawful Pathways rule.” The suspension and limitations under the Proclamation do not apply to noncitizens who make an appointment to present themselves at a designated land port of entry. The rule also does not apply to lawful permanent residents, other noncitizens with a valid visa or other individuals with lawful permission to enter the United States, unaccompanied children, and victims of a severe form of human trafficking.

As the election results confirm the return of a Trump administration, we know many of you may be concerned about what this means for immigration policy and the future of your lives and families in the United States. Having been through this before, we at Santos Lloyd Law Firm want to reassure you: we are here, steadfast and ready to support you through any challenges that lie ahead . We see your concerns, we hear your fears, and we stand with you. While there may be changes on the horizon, it’s important to remember that shifts in policy will take time. Legislative and policy changes do not happen overnight . They often unfold slowly, with legal reviews and, in many cases, judicial challenges. We understand how naturally unsettling this uncertainty can be. Yet it is in times like these that we ask you to trust that our team will always provide you with the latest, most accurate information. We are closely monitoring the situation and are prepared to adapt to any shifts in policy, executive orders, or regulations in the months ahead. This is not the first time Santos Lloyd has faced an uncertain political landscape. Many of you may recall the significant changes during the first Trump administration—policies that threatened family unity, sought to redefine pathways to citizenship, and challenged the stability of immigrant communities. Through those times, our attorneys stood strong, advocating for clients’ rights in courts, challenging unjust policies, and working tirelessly to keep families together and futures secure for those who contribute so much to this country. With each challenge, our firm has only grown stronger. We have gained invaluable experience and built a foundation of advocacy, resilience, and expertise that serves as the backbone of our firm. The months ahead will require our full focus and vigilance, but our dedication to you is unwavering, and our resolve to support you remains absolute. As we look ahead, our commitment to you remains our top priority. We know immigration is more than just paperwork or legal procedures—it’s about lives, families, and dreams. Our mission has always been to provide not only exceptional legal service but also to be a pillar of support, especially in uncertain times. We are here to answer your questions, address your concerns, and provide encouragement as we move forward together. At Santos Lloyd Law Firm, we are more than attorneys; we are your advocates, allies, and comrades. Our team believes that a successful case is not only about outcomes but about supporting our clients through the emotions, challenges, and triumphs that come with immigration law. We want to remind you that, while the coming months may bring changes, they will also bring new opportunities for us to stand beside you, to advocate for what’s fair, and to prove that even in the face of obstacles, we are stronger together . Please continue to reach out with any questions or concerns you may have. Whether you need legal guidance, a moment of reassurance, or simply a connection with someone who truly understands your journey, we are here. Thank you for placing your trust in Santos Lloyd Law Firm. Together, we will navigate these times with resilience, courage, and unwavering commitment to each and every one of you. We look forward to continuing our work together and to helping you achieve the dreams you’ve worked so hard to build.

The U.S. offers avenues for relief, including the opportunity to adjust status to a lawful permanent resident of the U.S. under specific provisions for trafficking victims. Here is an overview of the requirements and important considerations to know: In order to be eligible to apply and become a lawful permanent resident, you must meet the following requirements: Be lawfully admitted to the United States as a T-nonimmigrant; Continue to hold T nonimmigrant status at the time of applying for a green card; Maintain continuous physical presence in the United States. There are two ways to prove continuous presence; o Continuous physical presence must be maintained for at least 3 years, since the date of being lawfully admitted as a T nonimmigrant o Or continuous presence can be the time that the trafficking investigation or prosecution takes, whichever period of time is shorter. Prove you are a person of good moral character since first being admitted as a T- nonimmigrant and during the entire time your green card application is pending; and Meet one of the following: o Prove you have complied with any reasonable request for assistance in the investigation or prosecution of the acts of trafficking since first being admitted as a T-1 nonimmigrant and until USCIS makes a decision on your green card application; or o Prove you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; or o Prove you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; or All of the requirements must be satisfied to be eligible to apply for adjustment of status as a trafficking victim. Applying for your green card is a significant step towards reclaiming your life and securing a future in the U.S. If you or someone you know is a trafficking victim seeking to adjust status, contact our office and schedule a consultation with our experienced immigration attorneys.

On September 25, 2024, the U.S. Citizenship and Immigration Services (USCIS) recently updated its guidance on the Child Status Protection Act (CSPA) to clarify how an applicant’s CSPA age is calculated when extraordinary circumstances are involved. This update is designed to help Applicants and their families better understand how their eligibility for certain immigration benefits may be impacted by delays or special conditions during the process . The CSPA is a crucial law that helps protect children from "aging out" of the immigration process , meaning turning 21 years old while waiting for family-based immigration petitions to be processed. Normally, once a child turns 21, they may no longer qualify for a green card under certain family visa categories. However, the CSPA allows a special calculation of a child’s age to determine whether they can still be considered a "child" for immigration purposes, even if they have passed the age of 21. USCIS's recent update focuses on two key points: First , it clarifies how extraordinary circumstances may excuse an applicant from the usual requirement to apply for a green card (or "seek to acquire" permanent residency) within one year of their visa becoming available. If extraordinary circumstances, such as medical issues or other unavoidable situations, prevent an applicant from meeting this deadline, they may still qualify for CSPA protection as long as they can demonstrate these circumstances. Second , the guidance outlines how to calculate the applicant’s CSPA age in cases where these extraordinary circumstances apply . If an immigrant visa was available for a continuous one-year period, the CSPA age is calculated from the date the visa first became available. However, if the visa became available and then unavailable before the applicant could apply, the CSPA age calculation may still use the date the visa first became available—if the applicant can show they were unable to apply due to extraordinary circumstances. This update addresses an issue that was not previously covered in detail by USCIS policy. Before this clarification, it was unclear how the CSPA age would be calculated for noncitizens who had extraordinary reasons for not applying for a green card during the time their visa was available. By providing this updated guidance, USCIS aims to ensure that these cases are handled consistently and fairly. In conclusion, this recent USCIS update offers clearer guidance on how extraordinary circumstances affect CSPA age calculation. If you believe your family might benefit from this update, please reach out to one of our highly experienced immigration attorneys, who can help you understand how these changes apply to your situation. For more detailed information, you can visit the USCISPolicyManual or review the official USCISannouncement .