Pabian Law Clients,
I hope everyone had a nice week! Below, please find our latest update on the recent immigration actions that have occurred in the last two weeks:
U.S. Citizenship and Immigration Services (USCIS) announces major change in green card processing
Last Friday evening, USCIS made a major announcement that would significantly impact the green card process for foreign nationals in the U.S. Under the announcement, the government stated that Adjustment of Status green card applications (process where an eligible individual applies for permanent residence while remaining inside the United States) should only be granted in “extraordinary circumstances.” Frustratingly, the government did not actually define what “extraordinary circumstances” means and how it would be applied to these applications.
If this policy is implemented, we would expect increased backlogs and delays at U.S. consulates abroad. We would also expect increased inadmissibility concerns for workers now forced to apply from abroad (through the consular processing green card option) due to criminal convictions, prior immigration violations, periods of unlawful presence, and other complex immigration histories.
For H-2B employers, this policy may not cause a significant impact since many H-2B visa workers pursue green cards at U.S. consulates/embassies abroad rather than through Adjustment of Status while in the U.S. However, losing the Adjustment of Status option still means losing an important immigrant visa option, reducing pathways for both workers and employers moving forward.
Importantly, this change will almost certainly be litigated, and we have already heard of legal organizations planning to challenge this policy. For more details on this major update, please refer to the Client Alert (linked) we sent out on Tuesday.
U.S. Department of Homeland Security’s (DHS) plan to halt U.S. Customs and Border Protection (CBP) processing in airports in “sanctuary cities”
This past Tuesday, DHS Secretary, Markwayne Mullin, announced that DHS is planning to halt CBP processing in airports in sanctuary cities such as “New York, New Jersey, and other jurisdictions that refuse to cooperate” with DHS. Secretary Mullin pointed to disruptive protests outside immigration detention centers in these cities as his reason stating that if these jurisdictions “aren’t allowing us to do our jobs and enforce federal laws, then we shouldn’t be processing international flights into their cities either.”
If enacted, this proposal could lead to significant international flight cancellations ahead of the summer, causing severe harm to the travel economy. We will continue to provide updates if DHS announces a formal plan to implement this change. Thankfully, we have already seen pushback from various industry groups, including the American Hotel & Lodging Association (AHLA) that will hopefully dissuade the Administration from enacting this idea.
Important lobbying efforts to speed up government’s H-2B visa processing timelines
We understand how frustrating and difficult government delays have been for this summer season and the pressure many summer H-2B visa employers are facing to get workers started. Given that the U.S. Department of Labor (DOL) is now one month behind last year’s processing timeline for Notices of Acceptance (NOAs) on H-2B visa applications, it is extremely frustrating that we have yet to see consistent improvement in government processing times each year. We are very encouraged to see that there are finally lobbying efforts ongoing aimed at speeding up the government’s issuance of notices, approvals, and certifications. I personally have been pushing lobbyists and legislatures on this issue when I have been speaking at national industry conferences for the past few years. This letter (linked) outlines one of the major initiatives currently underway, which Pabian Law is joining in support of it. We recommend that employers who want to join these efforts to contact their representatives in support of this letter.
For winter-season employers, we do not anticipate significant processing delays compared to summer. We will keep you updated if anything changes and we start seeing delays impact winter-season employers.
U.S. employers are paying the price for the J-1 visa crackdown
A recent article (linked) highlighted how Cape Cod businesses are being impacted by the Administration’s ongoing restrictive changes to the J-1 visa program. Due to J-1 visa applicants’ significant delays in securing interview appointments at U.S. consulates abroad, Cape Cod businesses (and many other seasonal businesses) are experiencing severe difficulties heading into the summer season. Businesses have reported:
- Increased overtime costs for existing staff;
- Managers needing to step in to cover work;
- Delayed seasonal preparation and training; and
- Reduced hours and scaled back operations if workers do not arrive on time.
The article also highlighted many of the same concerns we have been telling employers about why relying on J-1 visa workers as a staffing solution will create significant operational challenges:
- U.S. Department of State (DOS) cuts – DOS cut 15% of its staff in 2025 and has had a surge in recent retirements leading to backlogs and delays at U.S. consulates abroad.
- Stringent social media vetting – the government has grouped J-1 visas with the F-1 student visa to increase social media vetting as part of its expanded screening process, leading to more delays and denials.
- J-1 visa applicants have backed out – the Administration’s crackdown along with consulate backlogs have caused some J-1 visa applicants to cancel their plans to come to the U.S.
Although J-1 visas have always been a strong option for many seasonal businesses, we continue to urge employers to keep strategizing their staffing needs by reducing their reliance on J-1 visas, using them to bring culture to their properties, rather than to fill staffing holes.
USCIS extends work authorizations for Temporary Protected Status (TPS): El Salvador
USCIS recently updated its TPS website to note that Employment Authorization Documents (EADs) with an expiration date of March 9, 2025, are now automatically extended through July 22, 2026. Employers with workers under TPS for El Salvador should check in with workers who are reverifying to see whether their EADs have been automatically extended through this new date.
We hope that you find these resources helpful as we all try to make sense of what is really happening in the world of immigration law.
Thanks, everyone, and have a great weekend!
Best regards,
Keith and the Pabian Law Team