Welcome to the December 2024 Edition of BDV Bulletin

What is BDV doing to help EB-3 clients in the new administration?
BDV’s Government Relations team will continue to work closely with members of Congress and the White House to make sure we are doing everything we can to best represent our clients.

Will the new administration impact retrogression to make it slower?
Retrogression may not get worse, but it is not likely to get much better.  The administration will probably crack down on who can apply for green cards and visas, increasing the hurdles one will face in applying, resulting in fewer people applying for green cards and visas.  As always, we will closely monitor government updates to advocate for our clients.  

What are some things to expect from the new administration?
We anticipate a focus on asylum and humanitarian parole, a revision of the public charge rule, and a return of travel bans.  We also expect more Requests for Evidence (RFEs) on USCIS cases, increased scrutiny of cases, and an increase in denials. However, BDV has gone through one prior Trump administration, so we are experienced and equipped to handle these upcoming challenges.

Could the EB-3 program be repealed under the new administration?
The EB-3 program is a congressional and public diplomacy program written into law, so we do not anticipate movement to repeal the EB-3 program.

I am on Temporary Protected Status (TPS). What actions should I take?  We do not yet know the impact to TPS under the new administration. If you think there is a chance that you may lose your status and your I-140 has not been filed, we generally recommend filing your I-140 as Consular processing. This will allow you to have both options – the choice to file for adjustment of status if you are able to remain in the U.S. with lawful status or proceed with Consular processing if you need to depart the U.S. Click on this short video for more information.

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What actions can I take to prepare for the new administration?
Here are some housekeeping actions you can take.

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1. Check visa validity:
   If you are in the U.S. on a visa, check the validity date of your visa stamp. You need a valid visa stamp in your passport to re-enter the U.S. if you travel internationally.  
2. Enter the U.S. before January 20th:
   If you are currently in the U.S. and have international travel planned, you may want to re-enter the U.S. before January 20th. This is an extra precaution as we enter the new administration.
3. Check I-94 validity:
   All Foreign Nationals receive an I-94 entry document when they enter the U.S., which shows what status you were admitted under and when your status will expire. Check your I-94 record at https://i94.cbp.dhs.gov/home. If your I-94 will expire within the next 6 months, please reach out to your attorney to discuss whether there are extension options.
4. Check Employment Authorization Document (EAD) and Advance Parole (AP) validity.
   The EAD is a work authorization document. The AP allows you to re-enter the U.S. after international travel while your green card application is pending. If you have an EAD or AP that will expire within the next 6 months, please reach out to your attorney to discuss whether there are extension options.
5. Check enrollment status if you are in F-1.
   F-1 students must maintain valid status. Please reach out to your Designated School Official (DSO) if you have any questions/concerns about your F-1 status.
6. Ensure that you have valid identification, such as valid passport and/or driver’s license.
   If your passport and/or driver’s license will expire soon, you should start the renewal process.
7. Pending asylum:
   If you are pending asylum with no underlying status and have not discussed your options with your attorney yet, please reach out to your attorney to discuss. If you have already discussed your options, there is no need to reach out again.