December 2024

President-Elect Trump Names Picks for Secretary of Labor, Attorney General

Continuing his rapid-fire announcements of cabinet picks, President-elect Donald Trump named Rep. Lori Chavez-DeRemer (R-Ore.) as his choice for Secretary of Labor on November 22, 2024. She is described as “moderate” and “union-friendly,” although reactions were mixed. She served on the House of Representatives’ Education and the Workforce Committee, among other assignments. Rep. Chavez-DeRemer was favored by the head of the Teamsters Union, Sean O’Brien, but the AFL-CIO scored her at only 10 percent for her legislative record in 2023. The Senate is expected to consider her nomination in January after the new Congress convenes.

President-elect Trump has also named his picks for various other key positions. Most recently, he named Pam Bondi for Attorney General, heading the Department of Justice, after Matt Gaetz, who was Trump’s first pick for Attorney General, withdrew following a swirl of controversy. Ms. Bondi, formerly Florida’s Attorney General, has also served as a defense lawyer and legal advisor on Trump’s legal team and headed legal activities for the America First Policy Institute.

DOS Releases Visa Bulletin for December

The Department of State (DOS) has released the Visa Bulletin for December 2024.

The bulletin includes information on final action dates for employment-based visa preference cases, dates for filing of employment-based visa applications, diversity visa (DV) updates for December, and DV category rank cut-offs for January 2025, among other things.

DOS Brings Exchange Program Alumni Entrepreneurs to United States for Creative Economy Residency

On November 15, 2024, the Department of State (DOS) announced that as part of its Global Music Diplomacy Initiative, which “elevates music as a platform for promoting peace and democracy,” DOS hosted the OneBeat Institute’s “Resilient Futures” residency from October 27 to November 7, 2024. This year’s Institute included five teams of OneBeat alumni and their community partners from Iraq, Mexico, Nigeria, Türkiye, and Ukraine for an intensive two-week exchange program in the United States. “Through project-specific mentorship and strategic support, these creative leaders refined their vision, developed curricula, crafted business and multi-year plans —advancing their capacity to enrich the creative economies in their home countries,” DOS said.

The visiting exchange program alumni included composers, curators, musicians, graffiti artists, and filmmakers. They began with a weeklong residency in upstate New York, where they “presented unique entrepreneurial music and civic projects, engaged in organizational and creative exercises, and met with guest artists and advisors.” The program continued in New York City, where they “deepened their collaboration by engaging in peer-to-peer learning and receiving professional mentorship from U.S.-based leaders across business, arts, culture, technology, and education sectors.”

Launched in 2012, OneBeat began as an annual U.S.-based residency and tour program, bringing together early-career musicians from around the world to collaboratively create, perform original music, and develop innovative strategies for arts-driven civic and social engagement. Over the past 12 years, OneBeat has expanded from a single annual residency into a dynamic array of year-round initiatives, including global residencies and tours, a virtual residency, an artist-industry incubation program, a podcast, and an alumni micro-grant accelerator program.

Immigration Medical Exam Documentation Valid Indefinitely for Certain Afghan Nationals

U.S. Citizenship and Immigration Services (USCIS) announced in a policy alert that it has updated guidance in its Policy Manual to reflect that immigration medical examination documentation for certain Afghan nationals who arrived in the United States during Operation Allies Welcome (OAW) is valid indefinitely. USCIS said this means that those who arrived in the United States during OAW and meet certain conditions will not have to repeat an immigration medical examination when they apply to adjust their status to lawful permanent residence. This updated guidance is effective as of November 13, 2024, and applies to any Form I-485, Application to Register Permanent Residence or Adjust Status, that is pending or filed on or after that date.

President-Elect Trump Names Future Officials for DHS and Border

President-elect Donald Trump has named several future cabinet and administration officials, including, among others, Secretary of Homeland Security: Kristi Noem and “Border Czar” Thomas Homan. He also nominated Sen. Marco Rubio (R-Fla.) for Secretary of State.

Ms. Noem, who is governor of South Dakota, is expected to be vetted by the Senate as part of the nomination process. Mr. Homan is a former acting director of U.S. Immigration and Customs Enforcement under the previous Trump administration. His duties and his relationship to DHS are unclear, since “border czar” does not appear to be a cabinet position. Mr. Trump said on his Truth Social platform that Mr. Homan will be “in charge of our Nation’s Borders (“The Border Czar”), including, but not limited to, the Southern Border, the Northern Border, all Maritime, and Aviation Security.” It is possible he may serve in an advisory role. Mr. Rubio is expected to leave his Senate seat if confirmed as Secretary of State.

What Should Employers and Investors Expect in the Second Trump Term?

Former President Donald Trump’s election to a second term in the White House is sure to reshape immigration law and enforcement. What should employers expect, and how can they prepare? Below are a few highlights:

Expansion of “Buy American, Hire American” Policies

A second term is certain to see such policies reinforced, leading to stricter requirements for employers seeking to hire foreign nationals. These policies place pressure on companies to demonstrate that their hiring practices do not undermine job opportunities for U.S. citizens. Practically speaking, we can expect more aggressive investigations and audits by the Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) into wage levels, job descriptions, and recruitment efforts.

Stricter Limits on Visa-Sponsored Petitions

A second Trump term is likely to reduce the ability of employers to obtain work-sponsored visas for their foreign workers. The H-1B program in particular will feel the effects of new laws and regulations designed to limit H-1B eligibility and availability. Employers can expect policy changes to affect other employer-sponsored visa categories, including L-1 intracompany transfers, TN and E-3 professionals, and many others.

Limitations on Work Authorization for Students and Others

A second Trump term is likely to see efforts to roll back regulatory authorization of employment authorization categories not explicitly granted by the Immigration and Nationality Act. Policy proposals being considered include the elimination of Optional Practical Training for F-1 students, work authorization for certain H-4 spouses, and humanitarian programs such as Unite for Ukraine, Temporary Protected Status, and Deferred Action for Childhood Arrivals.

Increased Scrutiny of Consular Visa Processing and Border Entries

Companies should be prepared for potential disruptions in travel to the United States, including potential travel bans that could restrict the entry of certain foreign nationals. Increased scrutiny at consular visa interviews and during the entry process is also likely to pose challenges to business travel, cross-border hiring, and foreign nationals already employed in the United States who need to travel abroad for business or pleasure.

Effects on Investment Visas

During the prior Trump Administration, the EB-5 program remained largely unaffected by his immigration policies, but processing times were significantly longer. While a second Trump administration’s potential reduction of tax liabilities for high-net-worth individuals could attract more EB-5 investors, processing delays at USCIS and the Department of State could put off potential investors. EB-5 investors, like other immigrant visa applicants, may also face additional scrutiny at consular interviews.

Increased Immigration Enforcement and Workplace Compliance

Following similar actions in Trump’s first term, employers can expect continued increases in workplace audits and investigations, including greater scrutiny of Form I-9 compliance and increased enforcement against employers who have not met their obligations to verify work authorization of their employees.

Practical Steps Employers Can Take

• Be thoughtful about communicating support for foreign national workers and the leadership that hires them. Be prepared for future effects on attracting, hiring, and retaining foreign national workers.
• Determine the support needed for your sponsored workforce (including those on “non-sponsored” work permits). Identify and review your sponsored population to understand where new policies may cause disruptions, including those affected by potential travel bans.
• Review your workforce data to identify employees who may be affected by future rollbacks of work authorization and decide whether and how your company will support those employees.
• Audit your current compliance programs. Auditing Form I-9 files and Public Access Files now will relieve the company in the event of future government audits and investigations.
• Review your hiring policies. Ensure that your recruitment and onboarding materials are consistent and do not expose the company to allegations of preferential treatment in the hiring process.

The Alliance of Business Immigration Lawyers recommends that businesses consult with experienced immigration counsel to assess their current workforce and ensure compliance with current immigration regulations.

Biden Administration’s ‘Parole in Place’ Program Struck Down by Federal Judge

On November 7, 2024, U.S. District Judge J. Campbell Barker, of Texas, struck down the Biden administration’s “Keeping Families Together” parole-in-place policy, implemented on August 19, 2024, which allowed undocumented spouses and stepchildren of U.S. citizens who have been in the United States for at least 10 years to remain without the threat of deportation and to apply for legal permanent residence. Reportedly, up to 800,000 people were potentially affected by the policy.

Judge Barker determined that the Biden administration lacked statutory authority for the program. He also agreed with plaintiffs that the program would put a strain on the resources of the state of Texas, which would “incur concrete harm on account of increased costs” such as providing food assistance and educational and healthcare services to the additional population.

USCIS Updates SAVE ICA v38 Draft

Following receipt of feedback that Systematic Alien Verification for Entitlements (SAVE) user agencies offered at listening sessions last spring, U.S. Citizenship and Immigration Services (USCIS) announced on November 8, 2024, that it has updated the draft SAVE Interface Control Agreement (ICA) v38. The link redirects users to log in to view the updated draft. USCIS said that registered web services agencies can use this draft for planning purposes and to familiarize developers but that it may still be modified. The ICA does not affect registered agencies that solely use the SAVE web browser, USCIS said.

USCIS published a detailed list of the updates made. USCIS noted that agencies “are not able to test against the draft ICA or have the available Application Programming Interface (API) endpoints until the final ICA v38 is published, currently scheduled for spring 2025.”

China: New Visa-Free Countries

At a press conference held on November 1, 2024, Chinese Foreign Ministry spokesperson Lin Jian, confirmed plans to expand the list of countries for visa-free entry into China.

In addition to the countries that are already exempt, the list will be expanded to include Slovakia, Norway, Finland, Denmark, Iceland, Andorra, Monaco, Liechtenstein, and South Korea. Passport holders from these countries may enter China to engage in tourism, visit family and friends, do business, and/or transit, for a period of admission no greater than 90 days.

China has almost a dozen different visa-exempt schemes, including one for US passport holders applicable only for transit. For more information on visa exemptions in China, please contact the Klasko Global Team.

Details:

• https://www.fmprc.gov.cn/fyrbt_673021/202411/t20241101_11519943.shtml
• https://apnews.com/article/china-visa-free-entry-travel-7d8bdeb7d1d2eda702d519abb4162681

Japan: Electronic Tourist Visa Availability Expanded to Several Countries

In early February, Japan introduced the JAPAN eVISA System to streamline visa applications for tourists traveling to Japan for a short-term period. Individuals can apply for the single-entry visa online and receive an electronic visa (eVISA) for short stays up to 90 days.

As of November 11, 2024, Japan has expanded the program to make it available to nationals of other countries. The total list includes:

1. Australia
2. Brazil
3. Cambodia
4. Canada
5. Saudi Arabia
6. Singapore
7. South Africa
8. Taiwan
9. The United Kingdom
10. The United States of America

The list also includes the following countries, provided they meet certain conditions:

1. China (provided they reside in China)
2. Viet Nam (provided they reside in China and are coming as part of a packaged tour organized by a designated travel agency)
3. Hong Kong, Indonesia, Macau, Mongolia, the Republic of Korea, and the United Arab Emirates, as well as the residents thereof (with some exceptions).

Details:

• https://www.mofa.go.jp/j_info/visit/visa/visaonline.html

Singapore Updates Shortage Occupations List

As of November 2024, the Singapore Ministry of Manpower (MOM) has updated its Shortage of Occupation List (SOL) as part of the Complementarity Assessment Framework (COMPASS). SOL assigns bonus points to Employments Pass (EP) applicants with skills in high-demand roles to improve their application eligibility to pass COMPASS.  The SOL update includes several new occupations in engineering and will qualify for the 5-year duration of EP along with other tech professionals. The changes are to ensure transparency and align with Singapore’s efforts to address workforce gaps and the recruitment of foreign professionals.

Details:

• https://www.mom.gov.sg/-/media/mom/documents/work-passes-and-permits/compass/sol-guidebook-upcoming.pdf
• https://www.mom.gov.sg/passes-and-permits/employment-pass/eligibility/compass-c5-skills-bonus-shortage-occupation-list-sol

Poland: Several Immigration Changes Implemented or Forthcoming

As of January 1, 2025, additional changes will be implemented to the Act on Foreigners. The law is being amended such that in order to offer a work permit to a foreigner, an employment contract must first be executed between the employee and employer. This new requirement is designed to ensure better job stability and protections for foreigners in Poland, eliminating the possibility for them to be brought as civil law contractors. The amendment also implements full electronic processing, eliminates the requirements of a labor market test, and increases the fines for illegally hiring foreign nationals. It also allows local authorities to block certain professions from allowing work permits to be issued if the local labor market is negatively affected.

Details:

• https://migrant-integration.ec.europa.eu/news/poland-significant-changes-employment-foreigners_en
• https://legislacja.gov.pl/projekt/12385455/katalog/13060133#13060133
• https://hlb-poland.global/minimum-wage-increases-in-2025/#:~:text=From%20the%20beginning%20of%202025,be%20raised%20to%2030.50%20PLN

Spain: Golden Visa May Be Eliminated

In November 2024, Spain’s Congress of Deputies passed a law that would eliminate the country’s “Golden Visa” program, which, if passed by the Senate, would become effective at the beginning of 2025. Specifically, the measure would eliminate accessibility to the Golden Visa program via investment in real estate. Since 2016, there have been 11,000 such visas issued, 573 of which have been issued since President Pedro Sanchez announced his intention to eliminate the real estate route in April 2024.

Details:

• https://elpais.com/economia/2024-11-14/el-congreso-elimina-las-golden-visa-para-la-compra-de-vivienda-e-inversiones-empresariales-de-los-extranjeros.html
• https://www.idealista.com/news/inmobiliario/vivienda/2024/11/14/821278-el-congreso-aprueba-la-ley-que-pone-fin-a-las-golden-visa-entrara-en-vigor-en-2025
• https://www.idealista.com/news/finanzas/inversion/2024/11/25/821526-el-gobierno-ha-concedido-573-golden-visa-desde-que-anuncio-su-eliminacion

Canada: Plans Announced for Reducing Immigration in 2025

In October 2024, Canada announced plans to reduce immigration in the short term to create a sustainable trajectory of immigration growth in the long term. Citing worker shortages amid the COVID-19 pandemic as the reason why businesses needed more workers to support the economic recovery, the Canadian government is now focused on alleviating pressure on housing, infrastructure, and social services. The goal is to reduce immigration to 0.2% in 2025 and 2026 and allow immigration slightly more growth of 0.8% in 2027.

Details:

• https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/10/government-of-canada-reduces-immigration.html
• https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/11/stabilizing-canadas-immigration-targets-to-support-sustainable-growth.html

Klasko News

FIRM NEWS

Election 2024: Immigration Impacts: KILP hosted a webinar series to discuss what to expect for the second Trump Administration. View the recordings here.

RECENT SPEAKING ENGAGEMENTS

Brian Green
On November 1^st, Brian Green spoke at the AILA Colorado Chapter’s Fall Conference CLE on a panel entitled Trial Tactics in Immigration Court.

William Stock | Elise Fialkowski | Tim D’Arduini | Nick Lowrey
KILP attorneys hosted this Election 2024: Immigration Impacts for Corporations webinar event on November 12.

William Stock | Andrew Zeltner | Romina Gomez
KILP attorneys hosted this Election 2024: Immigration Impacts for Universities, Hospitals, and Researchers webinar event on November 12.

Anu Nair | Jessica DeNisi | Alison Li
KILP attorneys hosted this Election 2024: Immigration Impacts for the EB-5 Industry webinar event on November 12.

Karuna Simbeck | Natalia Gouz | Maria Mihaylova
KILP attorneys hosted this Election 2024: Immigration Impacts for Individuals and Employers webinar event on November 13.

H. Ronald Klasko
On November 15, Ron Klasko spoke at the LACC Chapter AILA Conference in Panama City on two panels entitled Plenary Panel and Complex Issues in Seeking Adjustment and/or Consular Processing.

H. Ronald Klasko
On November 20^th, Ron spoke at an AILA event on EB-5 Source of Funds: Latest Issues in Proving the Lawful Source and Path of Invested Capital.

Brian Green
Brian Green spoke at the AILA Federal District Court Litigation Online Course on November 21^st.

H. Ronald Klasko
Ron Klasko spoke at IIUSA’s Informational Webinar on the case Battineni v. Mayorkas on November 25^th.

UPCOMING SPEAKING ENGAGEMENTS

Timothy D’Arduini
Partner Tim D’Arduini will be traveling to London, England to speak at the 11th Biennial IBA Global Immigration Conference on a panel session titled How to Build a Global Practice on December 6^th. 

Brian Green
On December 6^th, Brian Green will be speaking at AILA Indiana Chapter’s 8th Annual Advanced Issues in Immigration CLE on a panel entitled Mandamus for USCIS Cases.

H. Ronald Klasko
Ron Klasko will be speaking in a Business Development Series event on a panel entitled Part I: How to Find and Keep Your Dream Clients.

ICYMI: RECENT BLOG POSTS AND ALERTS

Electronic Travel Authorization for Visa Exempt Travelers to the United States, United Kingdom, and Europe
In this article, Natalia Gouz covers the rollout expansion of electronic travel authorization requirements for visitors, in the UK and Europe.

Election 2024: Immigration Implications for Employers, Employees, and Investors
In this alert, KILP attorneys break down what employers should expect and what they can do to prepare now that Former President Donald Trump has been elected for a second term.

20th Anniversary Staff Feature: Vicki Li
In honor of Klasko’s 20^th anniversary, staff who have been with the firm long term are receiving recognition for their dedication to the firm. Read about Vicki Li here!

Another Victory for the Klasko Immigration Litigation Team
Klasko Immigration Law Partners congratulates Ron Klasko on his important immigration litigation victory in the case Battineni v. Mayorkas

FIRM FEATURE

Klasko Immigration Law Partners is celebrating its 20^th anniversary! Follow us @klaskoimmigrationlaw for continuous staff features of our honorary team.

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This newsletter was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Klasko Immigration Law Partners is an active member.