Welcome to the Garfinkel Immigration news roundup, where every month we will summarize and provide links to the latest stories impacting U.S. immigration.
Below is the November 2024 edition of the Garfinkel Immigration news roundup:
Presidential Election 2024 and immigration policy: Steps employers and individuals should take now to prepare for second Trump administration
Donald Trump has been declared the winner of the 2024 Presidential Election. While it is not exactly clear at this time which specific immigration policies Trump will enact in his next term, employers and employees can proactively prepare before he takes office again on January 20, 2025. Some steps to consider are:
For employers
— Green Card Filings: Expedite green card applications for eligible employees, focusing on those qualifying for the National Interest Waiver (NIW).
— Prevailing Wage Requests: Quickly file Prevailing Wage Requests for employees in the PERM process to avoid potential wage increases.
— Premium Processing: Use premium processing for eligible applications to avoid delays and potential Requests for Evidence and/or denials.
— Identify At-Risk Employees: Assess which employees might be affected by a potential travel ban, especially those from previously banned countries.
— Travel Advisory: Caution employees with expired visas against unnecessary international travel post inauguration.
— Compliance and Protocols: Update procedures for FDNS visits and ensure I-9 compliance is audit-ready.
For employees
— Premium Processing: Use premium processing for eligible applications to avoid delays and potential Requests for Evidence and/or denials.
— Avoid Travel if Affected by Previous Bans: If you do not have a valid visa or are from a previously banned country, avoid international travel after January 20, 2025, to prevent potentially being stuck outside the U.S. due to potential travel restrictions.
Read the full story here and learn more about how families can prepare for a second Trump term here.
Garfinkel Immigration Partner William Hummel and Senior Associate Attorney Nam Douglass will be hosting an open webinar on this topic, entitled “Ready for Round Two? Navigating Immigration in a Second Trump Term,” on Dec. 17 at 1 p.m. The webinar will be geared towards both employers and foreign nationals, with the opportunity to ask questions.
Find out more about the webinar and register here.
Garfinkel Immigration once again honored by Best Law Firms® in 2025
Garfinkel Immigration has once again been honored with a Tier 1 firm in Charlotte for Immigration Law designation by Best Law Firms® in 2025.
Best Law Firms® rankings are based on a combination of client feedback, legal surveys and Best Lawyers® peer review. Firms acknowledged in the publication are recognized for their professional excellence and continually receive top ratings from clients as well as peers.
Charlotte Region sees significant growth in foreign direct investment
Interested in learning about how foreign direct investment has affected the Charlotte region? Garfinkel Immigration Law Firm Managing Partner Hannah F. Little was quoted in a recent article by the Charlotte Business Journal, citing its importance in the region’s growth.
“This trend reflects a broader pattern of increasing globalization, where talent flows across borders to meet the demands of a dynamic economy,” Little’s quote reads. “By welcoming international investors and professionals, we not only strengthen our local economy but also enrich our community’s cultural diversity, positioning Charlotte as a leading hub in the global marketplace.”
Find out more via the Charlotte Business Journal.
Judge strikes down Biden program shielding migrant spouses of citizens from deportation
Earlier this month, a federal judge struck down President Joe Biden’s “Keeping Families Together” initiative.
The judge ruled that “the Biden administration had overstepped its authority by implementing the program and had stretched the legal interpretation of relevant immigration law ‘past its breaking point,’” according to Time.
USCIS had been unable to process applications for the initiative — which would have allowed certain undocumented individuals who are married to U.S. citizens, as well as their children, to apply for legal permanent residency via “Parole in Place” — since the same federal judge paused the program in late August.
Read the latest updates about the “Keeping Families Together” initiative.
Twenty years ago, Congress passed an immigration bill raising H-1B visas
This story from Forbes Senior Contributor Stuart Anderson reflects on the immigration bill exactly 20 years ago which “raised the H-1B annual limit by exempting 20,000 students a year who earned a master’s degree or higher from a U.S. university.”
“The legacy of the 2004 bill remains mixed. By becoming law, the bill has allowed up to 400,000 graduates of U.S. universities to gain H-1B status and remain to work in the United States,” Anderson writes. “Many of these individuals have likely become U.S. citizens and contributed to the American economy as professionals, researchers and entrepreneurs.”
The story continues: “Despite the 20,000 exemption for advanced degree holders, the H-1B annual limit has remained inadequate. The 85,000 annual limit (65,000 plus the 20,000 exemption) equals only 0.05% of the U.S. labor force. According to USCIS, the agency received H-1B registrations for 442,000 unique beneficiaries for FY 2025, five times more than the 85,000 ceiling.”
Read the full story from Forbes here.
“Our home is here”: DACA recipients brace for Trump’s return
Axios spoke to DACA recipients and immigration advocates after Trump’s election win in early November.
“In his first administration, Trump employed measures like separating migrant families from children,” the story reads. “Immigrant advocates fear the return of similarly harsh measures.”
The story adds: “While Deferred Action for Childhood Arrivals (DACA) enrollment may not be enough to protect them, immigrant advocates said recipients need to begin preparing now. Only 530,000 of those eligible are currently protected under DACA. At the program’s height, about 800,000 people enrolled.”