• by Santhosh Rao

INTRODUCTION

January 2025 was a very active month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

1. Birthright Citizenship Restrictions Temporarily Blocked By Federal Court
2. DHS Permanently Extends EAD Auto-Renewal To 540 Days For Certain Categories
3. State Department’s February 2025 Visa Bulletin Summary
4. Resolving Pending Cases: Best Practices For U.S. Consular Posts
5. USCIS Updates EB-2 NIW Criteria: Clearer Rules For Eligibility and Evidence

We at GLF post regular updates on our Google, LinkedIn, Twitter, and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s various social media handles for January 2025.

BIRTHRIGHT CITIZENSHIP RESTRICTIONS TEMPORARILY BLOCKED BY FEDERAL COURT

On January 20, 2025, President Trump signed a new Executive Order, targeting birthright citizenship eligibility for infants born in the United States on or after February 19, 2025. The order stipulates that infant born to parents, where at least one is not a U.S. citizen or lawful permanent resident (LPR) at the time of birth, would no longer be eligible for automatic citizenship.

This policy encompasses children born to Non-Immigrant visa holders, including but not limited to individuals on B-1/B-2, F-1, H-1B, L-1, O-1, TN and any other temporary employment-based Non-Immigrant status. It also applies regardless of whether the parents are maintaining Lawful Non-Immigrant status.

However, on January 23, 2025, a federal court issued a temporary restraining order (TRO), blocking the executive order for the next 14 days, until February 6, 2025, when a hearing is set to consider issuing a preliminary injunction. The court’s decision pauses the implementation of the policy while legal challenges proceed, focusing on its constitutionality and potential conflicts with the 14th Amendment.

DHS PERMANENTLY EXTENDS EAD AUTO-RENEWAL TO 540 DAYS FOR CERTAIN CATEGORIES

On December 13, 2024, DHS published a final rule that permanently extends the auto-extension period for certain EADs from 180 to 540 days. The rule becomes effective on January 13, 2025, covering timely filed EAD renewal applications pending or filed on or after May 4, 2022. This extension aims to prevent lapses in work authorization due to USCIS processing delays.

The 540-day extension applies to categories such as refugees, asylees, citizens of Micronesia, Marshall Islands, or Palau, asylum applicants, pending adjustment of status applicants, certain Non-Immigrants (e.g., H-1B or L-1 spouses), TPS holders, and others, including individuals from Venezuela, Ukraine, Sudan, and El Salvador with TPS renewals, as well as VAWA self-petitioners and Section 245A legalization applicants. However, F-1 students applying for OPT or STEM OPT are not covered and remain eligible only for 180-day extension.

The extension for spouses of E Non-Immigrants (E-1S, E-2S, E-3S), L-1 Non-Immigrants (L-2, L-2S), or H-1B Non-Immigrants (H-4) with an unexpired I-94 is up to 540 days or until the I-94 expires, whichever comes first.

TPS holders may qualify for the 540-day extension either through their timely EAD renewal or TPS status. However, if their TPS designation expires before the 540-day period, the extension may be shorter.

STATE DEPARTMENT’S FEBRUARY 2025 VISA BULLETIN SUMMARY

State Department has issued the February 2025 Visa Bulletin and here are the highlights:

1. Adjustment of Status for Family Sponsored filing must use the Dates of Filing Chart and Employment Based filing must use the Final Action Dates Chart.
2. Final action dates (November 22, 2015) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India have not changed.
3. Final action dates (January 1, 2022) and Dates for Filing (July 15, 2024) for Family sponsored F2A category for India have remained unchanged.
4. Final Action dates EB-1 category (February 01, 2022), and Dates for Filing (April 15, 2022) have not changed.
5. Final action dates EB-2 category has advanced from October 1, 2012, to October 15, 2012, and Dates for Filing for India (January 1, 2013) have not changed.
6. Final action dates EB-3 category has advanced from December 1, 2012, to December 15, 2012, and Dates for Filing (June 8, 2013) have not changed.
7. Final action dates for Certain Religious Workers (January 1, 2021), and Dates for Filing for India (February 01, 2021) have not changed.
8. The DV-2025 annual limit will be reduced to approximately 52,000.

RESOLVING PENDING CASES: BEST PRACTICES FOR U.S. CONSULAR POSTS

Applicants often encounter difficulties while communicating with U.S. consular posts. Here are several methods to tackle case-specific challenges with consular posts

Contact the Consular Post Directly: For most inquiries, applicants can contact the consular post directly using the contact information available on the embassy or consulate website. The consular post responds to inquiries related to requests for more evidences, including refusals under INA 214(b), legal questions about case decisions, security advisory opinions, , and priority date substitution requests.

When submitting an inquiry, applicants are expected to provide Applicant’s full name, date of birth, passport number, nationality, and DS-160 number, A brief description of the case and a signed Form G-28, if applicable, to represent the applicant.

Use of Visa Navigator and 221(g) Forms: Visa Navigators do not assist with appointment scheduling issues or case updates. For 221(g) requests related to document submission, it is important to follow the instructions on the form for submitting additional information, as the email address for this correspondence may differ from the usual Visa Navigator email.

Allow at least one week for a response (mark “URGENT” in the subject line for urgent inquiries). If no response is received within two weeks, submit a follow-up email labelled “SECOND REQUEST.” For ongoing delays, monthly follow ups may be required. For specific inquiries such as NVC, KCC, or B-1 Business Visa email, applicants are advised to contact the relevant departments.

USCIS UPDATES EB-2 NIW CRITERIA: CLEARER RULES FOR ELIGIBILITY AND EVIDENCE

On January 15, 2025, USCIS updated its policy guidance to clarify how it evaluates the eligibility for EB-2 NIW petitions. The updated policy guidance is effective immediately and applies to requests pending or filed on or after its publication date of January 15, 2025. Here are the key highlights:

1. Eligibility clarifications: Petitioners must first qualify under the EB-2 category, which requires an advanced degree, or exceptional ability in sciences, arts, or business. If relying on a Bachelor’s degree with experience, the five years of post-baccalaureate experience must be relevant to the specialty.
2. Exceptional Ability and Proposed Endeavor: USCIS will assess the relationship between an individual’s exceptional ability and their proposed endeavour based on shared skills, knowledge, or expertise, on a case-by-case basis.
3. Evaluation of National Importance: USCIS evaluates national importance by considering factors like impact on the U.S. economy, public health, and innovation. Mere potential for positive impact is not enough, the scale and significance of the endeavour matter.
4. Entrepreneurship Considerations: Entrepreneurs must prove that their business offers a unique and substantial benefit to the U.S. beyond general job creation or economic growth. The update clarifies that not all entrepreneurs will qualify for an NIW.
5. Increased Government Endorsement Weight: USCIS now places greater emphasis on letters of support from governmental or quasi-governmental entities when evaluating the national importance of an applicant’s work. These endorsements carry more weight, particularly for projects that align with government initiatives

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