January 2025 Immigration Updates
Day 1 Executive Orders
As promised, On Day 1 of his presidency, President Trump signed numerous executive orders related to immigration. Please find information about these Executive Orders on our website: www.globaltalentlaw.com/trumpimmigrationpolicy. We will endeavor to keep this section of our website updated throughout the next 4 years.
O-1 Policy Manual Updates
USCIS has updated its Policy Manual to clarify how USCIS evaluates evidence to determine eligibility for O-1 nonimmigrant visas for individuals with extraordinary ability or achievement, including adding examples of evidence for individuals in critical and emerging technologies.
The updated guidance in Policy Manual, Vol. 2, Part M, clarifies the following:
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Explains that a separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may file a petition on the beneficiary’s behalf;
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Provides guidance regarding evidentiary criteria for O-1A and O-1B nonimmigrants;
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Adds examples of relevant evidence that may be submitted by an interested U.S. government agency;
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Provides an example of an occupational change within a technological field; and
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Clarifies the circumstances under which USCIS limits an extension of stay to one year.
The new guidance officially codifies much of USCIS’ feedback that they have been requesting in "Request for Evidence” notices in recent years. As GTILG files a high volume of O-1 visa petitions, we are always up to date on the latest trends from USCIS, and have long incorporated this “new” guidance into our case preparation process. The new guidance does, however, specifically state that a corporation or LLC owned by the beneficiary may file a petition on the beneficiary’s behalf, which is favorable for entrepreneurs.
Southern Border Closure
The passage of several Executive Orders has effectively closed the Southern U.S. border to non-citizens and residents. Therefore, if you are not a US citizen or green card holder, avoid travel from Mexico by car. All non-citizens or residents travelling to and from Mexico should do so by air until further notice.
Decreased Visa Issuance in China
the scheduling websites for the US Embassies in China indicate that visa processing in China is delayed due to insufficient staffing. It is therefore advisable to try to obtain visas in third countries (outside of China); OR for those who must obtain visas in China, be prepared for longer visa processing times.
COVID Vaccines no longer required for green card applicants
On Jan 22, USCIS announced that the Covid vaccination is no longer required as part of the I-693 Medical Examination required for all green card applicants. USCIS states that they will not issue any Requests for Evidence or Notices of Intent to Deny related to providing proof of COVID-19 vaccination.
TPS Extension for Venezuela Cancelled
On January 29, 2025 it was announced that the 18 month extension of Temporary Protected Status for Venezuela that was approved by Biden’s DHS Head Alejandro Mayorkas in December has been reversed. This means that TPS status of Venezuelan TPS holders will expire in April 2025 (and not October 2026 as previously announced). In order for Venezuelan TPS holders to remain in the U.S. after April 2025, they will have to apply to change status to another type of work of study status before their TPS expires.
EB1 Premium Processing
EB-1 cases filed in December 2024 in the Nebraska Service Center’s Premium Processing unit were not decided within the 15 business days, as promised by USCIS. Anyone whose premium processing case was not adjudicated on time will be entitled to a refund of their premium processing fees once the case has been decided. USCIS assures us that these cases are still considered to be a priority, and are being decided on a “first in, first out” basis.
O-1 Processing Times
All O-1 cases are still centrally filed to the Texas Service Center, who then distributes them to either the California Service Center or Vermont Service Center at their discretion. Though USCIS’ published processing times are 8 months in California and 6.5 months in Vermont, most of our cases are taking 2-3 months in Vermont and 6-8 in California.
You can potentially shorten the processing time by using USCIS’ Premium Processing service, which guarantees an approval or request for evidence within 3 weeks.
Need to Speak with an Attorney?
If you have questions for our attorneys or would like to discuss renewing or extending your O-1, please provide your email address and we’ll get in touch with you about your request as soon as possible.
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