US immigration laws are complicated and frequently updated to meet the country’s needs, including economic issues, political aims, and humanitarian matters. As of 2024, the government has updated the US immigration system, which could affect non-citizens trying to change their immigration status.
If you or someone you know is an immigrant or intends to immigrate, you should know the current US immigration laws. The knowledge can help you understand how they might affect your situation in the United States.
Current Updates to Employment-Based Immigration in the U.S.
Employment-based immigration updates help to fill gaps in the workforce. They focus on bringing skilled workers into certain sectors. For example, the H-1B visa program has been revised to improve support for applicants and make the application process easier. It now offers more flexibility in choosing start dates based on the application.
New employment immigration laws have introduced new rules about how employers demonstrate their “Ability to Pay.” These laws ensure that immigrants on employment-based visas receive the salaries promised in their contracts. An employer failing to meet these terms could face legal consequences.
The O-1 visa requirements recently changed. These changes aim to attract STEM professionals. In 2024, more people will seek technology and engineering jobs in the US, which shows the push to attract more STEM talent.
Changes in Family-Based Immigration
Several recent changes have affected family-based immigration. In 2023, officials introduced new digital tools. These tools make the visa process smoother and more efficient. They help immediate relatives of US citizens, such as:
- Spouses
- Parents
- Unmarried children under 21
These tools help automate the submission and verification of documents, improving the process for family-based green card applications.
In 2023, officials broadened family reunification programs. They now allow certain individuals from specific countries to enter the US temporarily while they wait for their application decisions.
In August 2024, the Keeping Families Together program expanded the choices for legal immigration. This program allows close family members of US citizens to apply for legal status. It helps them stay with their families.
Adjustments to Deferred Action for Childhood Arrivals (DACA) Immigration Law
President Obama created DACA in 2012 to protect certain undocumented young people from deportation and allow them to work. To be eligible, applicants had to meet certain criteria. They needed to have:
- Lived in the United States since 2007
- Arrived in the US before turning 16
- Have no criminal record
The DACA program covers around 500,000 individuals in the U.S. It has provided stability to Dreamers. However, there are ongoing legal challenges. Courts have determined that the president can terminate DACA if the correct procedures are followed.
DACA was meant to be a temporary fix, leaving Dreamers in a state of uncertainty. Recent amendments under Donald Trump’s administration show a policy change and could lead to new challenges.
Trump Administration Historical Stance on DACA
During his first term, Donald Trump took strong steps to end DACA. He saw this executive order as an overreach and urged Congress to find a lasting legislative solution. In 2017, he attempted to end DACA, but he encountered legal problems. The Supreme Court intervened in 2020 to block his actions. However, this decision still left DACA at risk for the future.
With Trump back in office, changes to DACA are possible. Several options to modify or restrict the program are being considered.
Possible End of the Program
The administration might look into the option of shutting down DACA entirely. If this happens, all new and renewal applications will stop. Dreamers would lose their legal work permits and could be at risk of being deported.
DACA will significantly impact those who count on its protections if it ends. It would harm their chances of having steady jobs and supporting their families.
Renewals with More Stringent Criteria
A potential change could be stricter rules for DACA renewals. Current recipients can keep their current status, but existing and new applicants may face more stringent background checks. They might also need to renew their status more frequently and face additional restrictions. This creates more uncertainty for Dreamers, who must undergo more checks.
Changes to Work Permits
The administration might consider altering work permit regulations for DACA beneficiaries. Currently, DACA gives 2-year work licenses, but upcoming rules could limit job choices or shorten the permit period. Such changes will influence the financial well-being of Dreamers, making it more difficult for them to obtain and retain jobs.
Immigration Reform Efforts
The administration may try to pursue broader immigration reform. While less likely, this could include options for Dreamers. Past immigration reform efforts have often struggled. They are usually tied to directives for stricter family immigration or more robust border security rules. Any potential reforms will likely involve compromises that could affect the benefits currently enjoyed by DACA recipients.
Effects on In-State and Education Tuition
New recommendations propose that students at schools that give in-state tuition to illegal immigrants, such as Dreamers, may lose access to federal grants and loans. This change can impact Washington, D.C., and 26 jurisdictions where DACA beneficiaries currently receive in-state tuition.
Jurisdictions with many students, like Texas, New York, and California, can face tough choices. They could decide between keeping in-state tuition for DACA scholars or risking federal funding for all learners. This policy can make it harder for DACA recipients to access higher education. It may also reduce financial aid options for US nationals and green card owners in those areas.
DACA beneficiaries and those thinking about applying can take steps to protect their position and prepare for possible policy changes by:
- Keeping up with policy news—Stay informed about any changes in policies and look for information from trusted sources
- Renewing your DACA status—If you can renew, do it as soon as possible to prevent gaps in your new limits or coverage
- Looking into other immigration options—Some DACA students can be eligible for other types of immigration relief. These include U visas, family petitions, or asylum. A lawyer can help find these options
- Seeking legal help—Talking to an immigration lawyer can help you understand your rights, find options, and make plans for any changes
USCIS Enhances Access to Immigration Services
US Citizenship and Immigration Services (USCIS) works to maintain America’s reputation as a welcoming nation. It has made significant progress in making immigration benefits and services more accessible. This effort aligns to create an immigration system founded on trust, strength, inclusion, integrity, and accessibility.
Citizenship and Integration Grant Program
USCIS is launching new funding opportunities through the Citizenship and Integration Grant Program. This program offers resources and support for citizenship preparation and helps immigrants and organizations that assist them. Since 2009, the program has distributed $155 million in 644 grants and helped over 350,000 eligible immigrants in 41 states and the District of Columbia.
New funding opportunities available include:
Citizenship and Integration Training Academy (CITA)
On May 15, USCIS announced that applications are now open for CITA. This program offers funding and training to help organizations create effective citizenship programs for eligible noncitizens. The financing can reach up to $2.6 million. It is an assistance grant for public or nonprofit organizations without USCIS grants.
Citizenship Instruction and Naturalization Application Services (CINAS)
Starting April 24, USCIS began accepting applications for CINAS, which offers up to $10 million in competitive funding. This program supports organizations that offer legal and informational services. It helps eligible immigrants with citizenship instruction and naturalization applications. The program also provides training and Board of Immigration Appeals accreditation.
These funding opportunities total $12.6 million. USCIS is reviewing applications. It will announce the recipients in September, coinciding with Constitution Day and Citizenship Day/Constitution Week.
USCIS to You
In July 2024, USCIS started the “USCIS to You” program. This initiative provides essential immigration services to remote and underserved areas. It helps people who have trouble accessing legal immigration options. Challenges include being far from USCIS offices, limited public transport, and lacking financial or legal help.
The program will offer essential services, including remote interviews and naturalization ceremonies. USCIS will hold educational events with law school clinics, NGOs, and public libraries in areas with many immigrants, like California. Starting in 2025, they plan to engage with at least four communities each quarter. They will help underserved communities with naturalization support.
Changes to Major Policies of Business Immigration
Recently, the United States Citizenship and Immigration Services, or USCIS, made significant changes to business immigration rules. Starting February 26, 2024, USCIS updated premium processing fees to account for inflation from June 2021 to June 2023. Additionally, USCIS introduced new fee schedules and other US immigration changes that took effect on 1 April 2024.
Changes to Premium Processing
Premium Processing Services ensure that USCIS can respond to immigration benefit requests within a specific timeframe. This answer can be an approval, a request for additional information, or a denial. The costs for quick processing of specific job applications have gone up. This applies to applications postmarked on or after February 26, 2024.
The fee increase affects US companies looking to hire foreign workers for temporary jobs in different categories. The premium processing fee for temporary professional visa applications has risen from $2500 to $2805.
This increase also affects applications for work authorization for students and recent graduates. The premium processing fee is now $1,685, up from $1,500. Furthermore, the cost of changing status to M, F, or J has hiked to $1,965, up from $1,750.
Petitions that help applicants gain permanent residency are also subject to higher fees. The premium processing fees for an immigrant worker petition are now $2,805, up from $2,500. An employer applying for a green card and specialized skilled work visa must spend more for expedited processing.
Filing Fee Changes
For the first time in over seven years, some US naturalization and immigration fees have increased significantly. These new fees impact work permits, an employment-based visa, applications for permanent residency, and naturalization requests.
As of 1st April 2024, USCIS is raising the fees for a temporary work visa. Each temporary worker category will have its own fee, replacing the previous standard fee of $460. The cost for specialty occupational work visas is now $780, while the fee for intra-company transfer work visas has risen to $1,385.
Fees for treaty traders, investors, Australian specialty occupations, and Mexican and Canadian work visas have hiked to $1,015. However, a smaller employer with 25 or fewer full-time workers and a 501c3 nonprofit will benefit from reduced fees.
The base filing fees for employers submitting permanent residency immigrant visa petitions have increased from $700 to $715.
Adjustment of Status (AOS)
Adjustment of Status is a method for certain foreign citizens already in the US to seek permanent residency. USCIS has set standard fees of $1,440 for an AOS application. However, applicants under 14 years old who apply simultaneously as parents can pay a reduced cost of $950.
Asylum Program Fees
USCIS has introduced new fees to help fund the US asylum program. The Asylum Program Fee is $600. It applies to permanent residency and temporary work visas for foreign workers. This fee is not for submitting an asylum application. Its purpose is to make the asylum process more efficient.
Nonprofit petitioners who qualify do not have to pay this fee, whereas small employers will pay a lower cost of $300. The Asylum Program Fees apply to petitions except those from exempt nonprofits. These include initial requests, amendments, extensions, and employer changes or continued employment with the same employer.
Additional Changes
The cap registration fees for a specialty occupation work visa can rise to $215, up from $10 for each registered beneficiary. Nevertheless, this change will only take effect in the 2025/2026 Fiscal Year (FY) cap season, starting in March 2025. The processing time has been extended from business days to calendar days. Furthermore, USCIS is offering a fifty-dollar discount for individuals who file online. Currently, online filing is accessible through a limited selection of forms.
Find an Experienced Immigration Attorney Near Me
US immigration law is complex and constantly changing. You should work with a skilled immigration law firm to guide you through your immigration case. A seasoned immigration attorney from California Immigration Attorney can clarify immigration rules and registration needs. They can also explain how these rules affect your process, choices, and case results. Call us today at 424-789-8809 to learn the latest immigration news and how we can support you.