March 2025

Trump Administration Roundup: Highlights of Recent Immigration Developments

In addition to the actions reported in other articles below, the Trump administration has been busy. Below is a non-exhaustive summary of selected highlights of other recent immigration-related developments:

• On February 18, 2025, Department of Homeland Security (DHS) Secretary Kristi Noem issued a memorandum deputizing up to 600 special agents in the Department of State’s Diplomatic Security Service across the United States “to help with arresting and deporting illegal immigrants.” DHS has also deputized Internal Revenue Service and Department of Justice employees “to help with immigration enforcement actions.”
• On February 17, 2025, DHS announced the launch of a multimillion-dollar international and domestic advertising campaign warning undocumented migrants to “self-deport and stay out” of the United States or face being “hunted down and deported” with the inability to return. The series of ads “will run on radio, broadcast, and digital, in multiple countries and regions in various dialects. Ads will be hyper-targeted, including through social media, text message and digital to reach illegal immigrants in the interior of the United States, as well as internationally,” DHS said.
• Caleb Vitello was removed as acting administrator of U.S. Immigration and Customs Enforcement and reassigned after a month in the position. Mr. Vitello reportedly will now oversee the enforcement of arrests, targeting, and field operations. As of press time, there was no announcement of a replacement. The removal followed reports of the Trump administration’s dissatisfaction with the rate of deportations. Daily arrests were in the 300-to-1,100 range, but daily quotas were established at 1,200 to 1,400. To reach 1 million in a year, daily deportations would need to reach more than 2,700. On Inauguration Day, President Trump promised “millions and millions” of deportations.
• After President Trump issued a memorandum in January to the Secretaries of Defense and Homeland Security “to expand the Migrant Operations Center at Naval Station Guantanamo Bay to full capacity,” indicated that some migrants would be sent there indefinitely rather than being deported to their home countries, and suggested that “30,000 beds” were available there for this purpose, the administration flew out the 178 migrants in Guantanamo as of February 20, 2025, following a lawsuit by the American Civil Liberties Union (ACLU) seeking access to the detainees. Reportedly, almost all of the group were flown to Honduras and onward to Venezuela where they were from. “Shipping immigrants off to Guantanamo without access to lawyers or the outside world cannot be reconciled with our country’s laws or principles. It will now be up to the courts to reaffirm that the rule of law governs our nation,” said Lee Gelernt, ACLU lawyer and lead counsel in the lawsuit.
• Several lawsuits were filed by a group of Venezuelans in California and several immigrant advocacy organizations, including CASA and Make the Road New York, in a U.S. district court in Maryland. The lawsuits challenge the Trump administration’s decision to end Temporary Protected Status (TPS) for Venezuelans. “This unconstitutional action forces nearly 600,000 Venezuelans and their families currently living in the U.S. with TPS protection into the untenable position of potentially being forced to return to a country experiencing what has been described as one of the worst humanitarian crises in the history of the Western Hemisphere,” the groups said in a statement.
• A federal judge in the District of Columbia ruled that the Trump administration cannot deport eight asylum-seekers who are either in detention in the United States or have been deported. Some observers note that the case “will determine whether immigrants have a right to claim asylum on the southern border. On a broader level, it is also a test of whether presidential orders can supersede Congress.”
• The Department of Justice fired 20 immigration judges, 13 of whom had not yet been sworn in, without explanation amid major cuts and backlogged immigration courts. According to reports, the backlog comprises approximately 3.7 million cases.t aircraft land in Mexico with persons deported from the United States. Two similar flights with about 80 passengers each went to Guatemala. Meanwhile, immigrant advocacy organizations are putting out “know your rights” information.

DHS Partially Vacates Haitian TPS Notice, Reduces Extension and Redesignation Period

On February 20, 2025, Homeland Security Secretary Kristi Noem partially vacated the July 1, 2024, notice that extended and redesignated Haiti for Temporary Protected Status (TPS) for an estimated 500,000 Haitians and persons of no nationality who last habitually resided in Haiti. The new notice reduces the period of extension and redesignation of Haiti for TPS from 18 months to 12 months, with a new end date of August 3, 2025, and makes a corresponding change to the initial registration period for new applicants under the redesignation, which will now remain in effect through August 3, 2025.

The notice says that employers and federal, state, and local government agencies that previously accepted or are presented with an Employment Authorization Document for a Haitian TPS beneficiary “with the TPS category code of A-12 or C-19 that expires on February 3, 2026, must update their records to note that the validity date of the document is through August 3, 2025.”

Those who filed TPS applications pursuant to the July 1, 2024, notice that remain pending with U.S. Citizenship and Immigration Services (USCIS) “may also choose to withdraw their TPS applications and request a refund of any filing fees by submitting a signed written withdrawal request to USCIS,” according to the notice.

Secretary Noem “intends to conduct a review of current conditions in Haiti and make a new determination in due course,” the notice states.

DHS Revokes Extension of Work Authorization for Hong Kong DED Beneficiaries in United States

On January 15, 2025, then-President Biden issued a memorandum extending eligibility for Deferred Enforced Departure (DED) for certain Hong Kong residents from February 5, 2025, to February 5, 2027. President Biden also directed the Department of Homeland Security (DHS) to provide certain Hong Kong residents continued work authorization through February 5, 2027. On February 18, 2025, DHS announced an extension of DED through February 5, 2027, for individuals covered by DED Hong Kong, who “are not subject to removal.” However, DHS said, “At this time, DED-related Employment Authorization Documents (EADs) provided to certain Hong Kong residents have not been extended.”

DOS Rescinds Previous Expansion of Interview Waiver Policy

On February 18, 2025, the Department of State (DOS) released the following update on its interview waiver policy:

The Department of State has updated the categories of applicants that may be eligible for a waiver of the nonimmigrant visa interview. Consular officers have the authority and discretion to waive the in-person interview for the following categories as outlined in the Immigration and Nationality Act section 222(h):

• Applicants classifiable under the visa symbols A-1, A-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1;
• Applicants for diplomatic- or official-type visas; and
• Applicants who previously held a visa in the same category that expired less than 12 months prior to the new application.

To be eligible for an interview waiver, applicants must also meet certain criteria, including that they:

• apply in their country of nationality or residence;
• have never been refused a visa (unless such refusal was overcome or waived); and
• have no apparent or potential ineligibility.

Consular officers may still require in-person interviews on a case-by-case basis or because of local conditions. We encourage applicants to check embassy and consulate websites for more detailed information about visa application requirements and procedures, and to learn more about the embassy or consulate’s operating status and services.

This supersedes the Interview Waiver Update of December 21, 2023.

March Visa Bulletin Announces Retrogression of EB-4 Category, Religious Workers Expiration

The Department of State’s Visa Office has released the Visa Bulletin for March 2025. Among other things, the bulletin announces retrogression of the final action date in the EB-4/SR categories, and warns that it may be necessary to make them “Unavailable” in “the coming months, possibly as soon as April. If the categories become “Unavailable,” EB-4/SR visa numbers will be available on October 1, 2025, with the start of fiscal year 2026, the bulletin states.

The bulletin also notes the March 14, 2025, expiration date for the employment fourth preference “Certain Religious Workers” (SR) category. “No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight March 13, 2025. Visas issued prior to that date will be valid only until March 13, 2025, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat, admitted) into the United States no later than midnight March 13, 2025,” the bulletin states.

The bulletin also lists, among other things, the diversity visa category rank cut-offs that will apply in March and April.

OFLC Announces Deletion of Older Records in FLAG System

On February 14, 2025, the Department of Labor’s Office of Foreign Labor Certification (OFLC) announced that records more than five years old will be deleted from the Foreign Labor Access Gateway (FLAG) System beginning on March 20, 2025.

OFLC explained that deletions of eligible case records will be based on the final determination date recorded in the FLAG System for each case. For example, cases with a final determination date of March 21, 2020, will be deleted on March 21, 2025. OFLC advises stakeholders to download before the deadline any records they would like to retain that are older than five years from the determination date.

OFLC said the following programs will be affected by this implementation:

• Prevailing Wage Determinations (PWD)
• Permanent Labor Certification Applications (PERM)
• Temporary Labor Certification Applications (H-2A, H-2B, CW-1 visas)
• Temporary Labor Condition Applications (H-1B, H-1B1, and E-3 visas)

DOS Releases Employer Guidance on I-9 Reverification Process for Venezuelan TPS Beneficiaries

On February 5, 2025, the Department of Homeland Security released guidance for employers on completing the Form I-9 work authorization verification form for Venezuelan TPS beneficiaries.

The notice explains that employment authorization documents (EADs) with a Category Code of A12 or C19 and a Card Expires date of March 10, 2024, or September 9, 2022, associated with the 2021 TPS designation of Venezuela expire on March 10, 2025. “Employers must reverify 2021 TPS Venezuela beneficiaries who presented these EADs before they start work on March 11, 2025. Beneficiaries of the 2023 TPS Venezuela designation who presented an EAD with a Category Code of A12 or C19 and an expiration date of April 2, 2025, must be reverified before they start work on April 3, 2025,” the notice states.

DHS noted that it terminated the 2023 designation of Venezuela for temporary protected status (TPS). TPS and related benefits associated with the 2023 designation will end on April 7, 2025. That termination does not apply to the 2021 designation of Venezuela for TPS, which remains in effect until September 10, 2025.

FY 2026 H-1B Cap Initial Registration Period Opens March 7

On February 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2026 H-1B cap season will open at noon ET on March 7, 2025, and run through noon ET on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated $215 registration fee.

Below are highlights of the USCIS announcement:

• H-1B petitioning employers who do not have a USCIS online account must create an organizational account. Existing accounts for H-1B petitioning employers who had an H-1B registrant account for the FY 2021–2024 H-1B registration seasons, but did not use the account for FY 2025, will be converted to an organizational account after their next log-in. First-time registrants can create an account at any time. Additional information is available on the Organizational Accounts Frequently Asked Questions page. USCIS said that the FAQs will be updated with FY 2026 information “before the start of the initial registration period.”
• USCIS will use the beneficiary-centric selection process launched in FY 2025. Under that process, registrations are selected by unique beneficiary rather than by registration. USCIS said, “If we receive registrations for enough unique beneficiaries by March 24, we will randomly select unique beneficiaries and send selection notifications via users’ USCIS online accounts. If we do not receive registrations for enough unique beneficiaries, all registrations for unique beneficiaries that were properly submitted in the initial registration period will be selected. We intend to notify by March 31 prospective petitioners and representatives whose accounts have at least one registration selected.”
• The Department of the Treasury has approved a temporary increase in the daily credit card transaction limit from $24,999.99 to $99,999.99 per day for the FY 2026 H-1B cap season “in response to the volume of previous H-1B registrations that exceeded the daily credit card limit.” Transactions of more than $99,999.99 may be made via Automated Clearing House (ACH).

USCIS also said that for FY 2026, it is making “multiple enhancements” for organizational and representative accounts for H-1B filing, to go live before the start of the initial registration period, including:

• The ability for paralegals to work with more than one legal representative;
• An easier way for legal representatives to add paralegals to company clients;
• Pre-population of certain Form I-129 fields from selected H-1B registrations; and

The ability to prepare a spreadsheet of H-1B beneficiary data and upload the information to pre-populate data in H-1B registrations.

DHS Terminates 2023 But Not 2021 Venezuela TPS Designation

On October 3, 2023, Venezuela was newly designated for Temporary Protected Status (TPS), which was set to expire on April 2, 2025. On February 5, 2025, the Department of Homeland Security (DHS) announced the termination of the TPS designation for Venezuela, effective April 7, 2025, for Venezuelan nationals covered by the 2023 designation.

DHS said that this determination does not apply to the 2021 designation of Venezuela for TPS, which remains in effect until September 10, 2025, or to individuals who are registered for TPS under the 2021 designation. A lawsuit challenging DHS’s termination of the 2023 Venezuela TPS designation is expected shortly.

President Trump Calls for Resettlement of White South Africans in the United States

On February 7, 2025, President Trump signed an executive order (EO) to halt foreign aid to South Africa and “promote the resettlement of Afrikaner refugees escaping government-sponsored race-based discrimination, including racially discriminatory property confiscation.” The EO directs the Secretaries of State and Homeland Security to “prioritize humanitarian relief, including admission and resettlement through the United States Refugee Admissions Program, for Afrikaners in South Africa who are victims of unjust racial discrimination.”

Groups representing some Afrikaners, who are members of South Africa’s white minority who speak Afrikaans and are descended from predominantly Dutch settlers as well as French, German, and others, said they want to stay in South Africa. Kallie Kriel, CEO of the AfriForum, an Afrikaner lobbying group, said, “We have to state categorically: We don’t want to move elsewhere.” Non-Afrikaner white South Africans, who were not referred to in the EO, are of British descent or from other backgrounds.

EOIR Re-establishes Anti-Fraud Program

On February 5, 2025, Sirce Owen, Acting Director of the Department of Justice’s Executive Office for Immigration Review (EOIR), announced a renewed anti-fraud emphasis. The memo states that EOIR “is committed to re-establishing a robust and effective Anti-Fraud Program” that will:

• Provide resources to employees on how to identify and report instances of suspected fraud (particularly asylum fraud);
• Coordinate with investigative authorities to respond to instances of fraud; and

Notify appropriate authorities of instances of fraud, misrepresentation, or abuse involving attorneys or accredited representatives.

DOS Suspends Follow-to-Join Refugee Processing

On February 7, 2025, the Department of State (DOS) announced that pursuant to an executive order, processing of all refugee applications under the U.S. Refugee Admissions Program (USRAP) is suspended, including following-to-join refugee (FTJ-R) travel eligibility determinations conducted at consular posts and embassies overseas. DOS said that “FTJ-R beneficiaries whose cases are already at a U.S. embassy or consulate should contact that embassy or consulate directly to inquire about the status of their travel eligibility interviews and for instructions on passport retrieval if they have not already received such guidance.” FTJ-R beneficiaries whose cases are at the National Visa Center (NVC) should contact NVC using the Public Inquiry Form.

DOS said that FTJ-R beneficiaries in possession of unexpired boarding foils should direct questions about entry into the United States to U.S. Customs and Border Protection.

Canada and U.S.: Information Sharing Agreement Now in Effect Between U.S. and Canadian Governments

On January 17, 2025, the United States and Canada entered into an agreement to enable the automated exchange of biographical and biometric information of permanent resident holders in both countries. This is an expansion of a previous agreement signed in 2012, which enabled the transfer of information for non-permanent resident holders only. The agreement has been expanded to help vet identity, strengthen admissibility screenings, and facilitate visa issuances for individuals with a proven history of immigration compliance in both the U.S. and Canada. 

Details: 

• https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/regulatory-amendments-canada-united-states-information-sharing-agreement.html  
• https://www.state.gov/u-s-relations-with-canada/

Philippines: New Work Permit Applications Rules May Extend Processing Times

The Department of Labor and Employment (DOLE)of the Philippines has issued new regulations for work permits for companies to employ foreign nationals that went into effect in January 2025. This includes updates to the Labor Market test requirement, which have the practical effect of extending processing times.  

Details: 

• https://dole.gov.ph/php_assets/uploads/2025/01/Department-Order-248-25-New-Rules-and-Regulations-on-the-Employment-of-Foreign-Nationals-in-the-Philippines.pdf 
• https://www.pna.gov.ph/index.php/articles/1242311

New Zealand: Several Updates in Employment Immigration

The New Zealand government has introduced new permissions for visitors, allowing them to work remotely for overseas employers or clients while in the country. These changes are aimed at attracting more tourism by enabling travelers to continue working for their overseas employers without violating the conditions of their visitor visas.  

From Visitor Visa to “Digital Nomad” Visa  

Effective 27 January 2025, visitors to New Zealand now undertake remote work while in New Zealand, provided they do not: 

• Work for a New Zealand-based employer  
• Provide goods or services to New Zealand businesses or individuals  
• Perform work that requires being physically present at a workplace in New Zealand. 

Remote work is not considered a lawful purpose for visiting New Zealand on its own, but visitors can now work remotely while fulfilling other purposes, such as sightseeing, holidaying, or visiting family and friends. This marks a significant shift in visa conditions, opening opportunities for “digital nomads” to live in New Zealand while continuing their overseas work.

However, visitors whose employment requires them to be physically present in New Zealand—such as sales representatives, performers, or those working for local employers—must still obtain the appropriate visa for their activities.  

The new rules apply to all visitor visas, including those for people entering New Zealand with an NZeTA (New Zealand Electronic Travel Authority) from visa waiver countries or territories. The typical visitor visa application process remains unchanged, with a maximum stay of either six months (multiple entries) or nine months (single entry), unless exceptions apply.  

Tax Implications  

While these changes clarify immigration rules for digital nomads, New Zealand’s tax laws for remote workers remain unchanged. The government has indicated that remote workers may need to pay taxes while in New Zealand, with the tax treatment depending on individual circumstances. It is the responsibility of the visa holder to understand and comply with the relevant tax rules.  

A Growing Trend  

New Zealand’s new visa conditions place it among more than forty countries offering a form of a digital nomad visa, including Portugal, Spain, Greece, Italy, and several Caribbean nations. These visas often come with additional benefits, such as longer stays or tax incentives, but also include conditions like minimum income thresholds.  

This move follows a global trend, accelerated by the COVID-19 pandemic, where countries are using digital nomad visas to stimulate their economies by attracting highly skilled professionals, particularly in sectors like IT. The government hopes to leverage this program to boost tourism, with digital nomads contributing to the local economy during their stays. Social media influencers could also play a role in promoting New Zealand through their platforms.  

By tapping into this competitive segment of the international tourism market, the New Zealand government aims to attract well-compensated professionals, from the USA and Asia. Additionally, this change could encourage visitors to extend their stays outside of peak seasons, helping to balance tourism year-round.  

Working Holiday Schemes Dates   

Working holiday visas are designed for young adults, typically aged 18 to 30, though the age limit extends to 35 for citizens of certain countries. These visas allow you to travel and work in New Zealand for up to 12 months. For Canadian citizens, the visa allows a stay of up to 23 months, and for UK citizens, the visa permits a stay of up to 36 months.  

Employment Conditions  

While on a working holiday visa in New Zealand, you are not permitted to accept permanent job offers. The conditions vary depending on your country of origin, so be sure to check the specifics of your country’s working holiday visa scheme. If you are looking to work longer term or take on a permanent role in New Zealand, you will need to apply for a relevant work visa, such as the Accredited Employer Work Visa (AEWV). 

Details:

• https://www.immigration.govt.nz/about-us/media-centre/news-notifications/2025-opening-dates-for-capped-working-holiday-schemes  
• https://www.immigration.govt.nz/about-us/media-centre/news-notifications/changes-to-employment-new-zealand-module-requirements-and-domestic-workforce-threshold-for-aewv-coming-into-effect  
• https://www.immigration.govt.nz/about-us/media-centre/news-notifications/changes-to-employment-new-zealand-module-requirements-and-domestic-workforce-threshold-for-aewv-coming-into-effect  

Klasko News

FIRM NEWS

Join us for a late-breaking webinar regarding the recent announcement about a new investment-based green card option called the Gold Card. Register here.

IN THE NEWS

Angela Devine-Ginion
Philadelphia Business Journal shares Angela Devine-Ginion’s promotion to Executive Director of Klasko Immigration Law Partners.

RECENT SPEAKING ENGAGEMENTS

Karuna Simbeck | Maria Mihaylova | Nigel James
Attorneys Karuna Simbeck, Maria Mihaylova, and Nigel James covered how startup companies can utilize the H-1B visa lottery, how to prepare for the upcoming lottery, and H-1B alternatives in the event of non-selection. Watch the recording here!

Andrew Zeltner | Carolina Regales | Candace Hill
Join Klasko attorneys Andrew Zeltner, Candace Hill, and Carolina Regales as they cover all the 2025 H-1B cap season essentials and latest developments, including the H-1B Modernization Rule, for U.S. employers and their sponsored employees. Watch the recording here!

Romina Gomez
On February 5^th, Romina Gomez spoke at Temple University Maurice H. Kornberg School of Dentistry to international students on Visa and Permanent Residence Options for Dental Students and Scholars.

H. Ronald Klasko
On February 6^th, Ron Klasko was a key speaker in this AILA web seminar entitled “Obtaining Citizenship or Residence in Third Countries by Investment or Descent”.

H. Ronald Klasko
On February 20^th, Ron spoke on a panel titled “Deep Dive into the State of EB-5 Processing and Adjudications” for AILA’s South Florida Chapter’s annual conference in Miami, FL.

UPCOMING SPEAKING ENGAGEMENTS

Nigel James
On March 10^th, Nigel will be speaking in this AILA Philadelphia CLE webinar event titled Intro to AILA’s Equity & Belonging Committee and National Trends with DEI.

ICYMI: RECENT BLOG POSTS AND ALERTS

Gold Rush or Bust: Will the Proposed Gold Card Replace EB-5?
This blog covers recent news from the White House announcing a proposed Gold Card as a new investment immigration pathway to a U.S. green card.

EB-5 Investors Beware: I-551 Stamps and Notices to Appear
In this client alert, Alison Li warns investors to be cautious of Notice to Appear (NTAs) being issued immediately after an I-829 denial.

EB-5 Quota Retrogression: What You Should Know
In this blog, Ron Klasko discusses the predictable impacts of EB-5 quota retrogression.

Canada Ends Flagpoling for Work and Study Permits
In this client alert, Elise Fialkowski and Carolina Regales cover the DOS website update on visa appointment wait times.

Visa Revocation and Removal: Can the New Presidential Administration Remove Foreign Nationals for Past Advocacy?
In this article, Nick Lowrey addresses the concerns of international students and other temporary visa holders on the potential impacts of the new immigration policies.

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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.