Immigration Trending Topics

To help with your writing efforts, here’s what people are looking for in Immigration Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

What H-1B Final Rule Could Mean for Employers, Workers 

Consider writing about:

A final rule announced on Dec. 17 by the U.S. Department of Homeland Security regarding the H-1B program; main focus and goals of the final rule; job categories, employers, or workers who will see the most significant changes under this rule; what the final rule could mean for employers’ hiring options; and perhaps a related look at how H-1B visas have become a point of contention recently between Elon Musk and some of President-elect Trump’s better-known supporters.

Related information:

https://www.dhs.gov/news/2024/12/17/dhs-strengthens-h-1b-program-allowing-us-employers-more-quickly-fill-critical-jobs

https://www.uscis.gov/newsroom/stakeholder-messages/dhs-announces-h-1b-modernization-final-rule-to-improve-program-integrity-and-efficiency

What to Know About H-2 Program Modernization Rule 

Consider writing about:

The U.S. Department of Homeland Security’s H-2 program modernization rule; workers to whom the rule applies; when the final rule takes effect; what anticipated changes under the rule could mean for both employers and workers; whether the rule’s implementation could be cast into doubt by the incoming Trump administration.

Related information:

https://www.federalregister.gov/documents/2024/12/18/2024-29353/modernizing-h-2-program-requirements-oversight-and-worker-protections

Immigration-Related Highlights From 2024: What Do You Say? 

Consider writing about:

Your choice of three or more noteworthy immigration-related developments from 2024. Take your pick of court cases, policy shifts, election results, legislation, or more, with added information, as you see fit, regarding the potential implications for key parties in the near or longer term or regarding emerging or heightened trends.

DHS Announces Final Rule Affecting Immigrant Work Permits 

Consider writing about:

A final rule announced on Dec. 10 by the U.S. Department of Homeland Security; how the final rule affects employment authorization processes, rights, and requirements; whom the rule applies to and whom it will benefit; when it takes effect.

Related information:

https://www.uscis.gov/eadautoextend

Takeaways From U.S. Supreme Court Immigration Ruling 

Consider writing about:

A Dec. 10 ruling by the U.S. Supreme Court; key points in the high court’s ruling; what this ruling means for Department of Homeland Security powers, judicial authority, and immigrant rights and options.

Related information:

https://www.supremecourt.gov/opinions/24pdf/23-583_onjq.pdf

DOL Farmworker Rule Blocked by Federal Judge 

Consider writing about:

A federal judge’s blocking of a U.S. Department of Labor rule that was aimed at providing additional protections for temporary farmworkers; type of visa and labor protections at issue; the court’s rationale for blocking the DOL rule; prospects for the DOL rule being revived in another form; and perhaps a wider-angle look at legal trends involving farmworkers and/or DOL authority.

Related information:

https://www.hrdive.com/news/temporary-farmworker-labor-rule-overturned-nationwide-h2a-visas/735454

What to Know About Trump’s Selections for Key Immigration Roles in New Administration 

Consider writing about:

President-elect Trump’s picks for key immigration-related roles in his next administration; what to know about their background, qualifications, and experience on immigration issues; what employers should be anticipating in terms of worksite raids, employment eligibility verification, and potential disruptions to their workforce and operations; additional information, as you see fit, regarding any of the following: potential impacts for local law enforcement, local government bodies, members of immigrant communities, and legal practitioners and others who regularly interact with or serve individuals who are migrants.

Related information:

https://www.npr.org/2024/11/12/g-s1-33820/trump-kristi-noem-homeland-security

https://www.npr.org/2024/11/11/nx-s1-5186522/tom-homan-border-czar-trump

What Trump May Be Planning for DACA Program 

Consider writing about:

What Donald Trump’s re-election could mean for the Deferred Action for Childhood Arrivals program; current status of the program, its participants, and legal challenges to the program; what we know so far about DACA-related proposals or other DACA-related developments emerging from the Trump camp as they prepare for a return to power; potential implications for employers of DACA recipients.

Court Strikes Down ‘Keeping Families Together’ Program for Immigrant Spouses 

Consider writing about:

A Texas federal judge’s striking of a Biden administration program affecting spouses who are undocumented immigrants; rights and options offered under the “Keeping Families Together” program; basis for the judge’s termination of the program; prospects for it being revived in some form or another; alternative options for American citizens’ spouses who are not themselves American citizens; potential deportation risks for these spouses as we enter the Trump 2.0 era.

Related information:

https://www.npr.org/2024/11/08/g-s1-33370/judge-biden-program-immigrant-spouses-deportation

Trump and Immigration: Day One 

Consider writing about:

What Donald Trump can legally do regarding immigration issues on the first day of his return to the Oval Office; legal realities vs. campaign promises; what an Executive Order does and does not do; how his actions regarding immigration this time around may differ from his actions during his prior term in office; what businesses, immigrant communities, and legal counsel should be watching for, and how they can prepare for anticipated changes.

What Are the Pluses and Minuses of E-Verify+ System? 

Consider writing about:

The E-Verify+ system; what this system consists of; who qualifies to use it; employers, employees, or work situations or other needs to which E-Verify+ is best suited; how E-Verify+ integrates with the E-Verify process; E-Verify+’s pros and cons, either in and of themselves or in comparison to alternate systems.

Related information:

https://www.e-verify.gov/plus

Pro Bono Work on Immigration Issues [Ongoing] 

Consider writing about:

Past or present bono efforts by yourself or your colleagues in support of the immigrant community. Decide whether to focus your piece on a particular country of origin, settled or ongoing matters, successes or challenges, or issues pertaining to a particular immigration policy or specific facet of immigration law. Consider also writing about factors contributing to the decision to take on this type of pro bono work and how it fits with your firm’s overall philosophy and history of pro bono work as a whole.

Temporary Protected Status Developments and Outlook: What to Know 

Consider writing about:

Your choice of noteworthy developments or issues involving the Temporary Protected Status designation for immigrants to the United States. Among the possible points to explore: nationalities that have either recently lost or gained this status; what rights are available under this status category; related issues involving eligibility, residency, work permits, deportation risks, and more; how Temporary Protected Status actions have evolved under the Biden administration and how they are likely to unfold under either a Harris or a Trump administration; what a reduction in Temporary Protected Status designations could mean for labor shortages and employment trends in the United States; how employers may need to rethink their hiring, staffing, and operational practices if the Temporary Protected Status program is scaled back or rescinded.

Jury Finds Consulting Firm Discriminated Against American Workers 

Consider writing about:

A recent guilty verdict in a discrimination case against IT consulting firm Cognizant Technologies; what this case may illustrate regarding loopholes in the H-1B system; how the H-1B visa process works; how employers can avoid discrimination risks stemming from their hiring practices.

USCIS Updates Guidance on International Entrepreneur Rule 

Consider writing about:

Updated guidance from U.S. Citizenship and Immigration Services regarding the International Entrepreneur Rule; what new applicants or existing program participants should know about the guidance; related trends or practical tips regarding the International Entrepreneur Rule, how it works, whom it benefits, and how to navigate the system.

Related information:

https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-the-international-entrepreneur-rule

USCIS Issues Guidance Regarding EB-1 Visas 

Consider writing about:

Guidance recently issued by the U.S. Citizenship and Immigration Services regarding EB-1 immigrant visa classifications; whom these types of visas apply to; what the new guidance helps to clarify; what else employers or individuals should know about EB-1 visas, their pros and cons, eligibility criteria, and alternative visa options.

Related information:

https://www.uscis.gov/newsroom/alerts/uscis-issues-new-guidance-on-eb-1-eligibility-criteria-for-individuals-with-extraordinary-ability

What to Know About the Diversity Immigrant Visa Program 

Consider writing about:

The United States’ Diversity Immigrant Visa Program; what the program consists of; rights the program confers to successful applicants; eligibility criteria; application process; filing period and any other key dates to know; any changes in the program since the last lottery; what else individuals should know about participating in the Diversity Immigrant Visa Program.

Federal Appeals Court Hears Challenge to DACA Program 

Consider writing about:

A legal challenge to the Deferred Action for Childhood Arrivals program, heard this week by the 5th U.S. Circuit Court of Appeals; basis for states’ challenge to the program; top takeaways from arguments before the 5th Circuit; potential implications of a ruling by the federal appeals court; what to know about DACA recipients’ current status and rights.

Related information:

https://apnews.com/article/childhood-arrivals-immigrants-deportation-protection-96058a643c5e2c5c0fb210f7a0e4483a

Controversy Over Haitians in Ohio Puts Spotlight on Immigration-Related Issues 

Consider writing about:

Your choice of a range of immigration-related issues that have arisen or resurfaced amid the controversy over Haitian immigrants ib Springfield, Ohio. Among the issues you may want to explore: legal status of the Haitian immigrants in that town; Temporary Protected Status, who qualifies for it and how, the rights of a person enrolled in the TPS program, as well as any common misunderstandings regarding the TPS program or regarding participants in the program; what employers should know before hiring an immigrant who is part of the Tempmorary Protected Status program; any resources that may be available to communities that are dealing with a dramatic and/or unexpected surge in migrant populations, and what communities like Springfield, Ohio, may be able to learn from other communities that have dealt with similar issues in the past; how communities or individuals can best address hate crimes directed at immigrants; how hate crimes are typically investigated and prosecuted; how online platforms may be grappling with the spread of inadvertent or deliberate misinformation regarding immigrants, and regarding the Haitian immigrants in Ohio in particular; additional issues for employers as regards immigration-related bias in the workplace, likelihood of discrimination or hostile workplace claims, and how to respond to questionable conduct by co-workers, either on-site or off-site.

Related information:

https://www.cnn.com/2024/09/19/us/springfield-ohio-haitians-immigration-cec/index.html

What Project 2025 Could Mean for U.S. Immigration Trends 

Consider writing about:

Project 2025 in the context of immigration patterns and challenges; what the Heritage Foundation-backed blueprint for Donald Trump’s potential return to the Oval Office could mean for immigration policymaking and enforcement; how immigration priorities and approaches could change markedly from the Biden administration; potential weak spots in Project 2025’s immigration response, or room for legal challenges to its components.

Related information:

https://www.cbsnews.com/news/what-is-project-2025-trump-conservative-blueprint-heritage-foundation

How to Qualify for Dual Citizenship [Ongoing] 

Consider writing about:

Dual citizenship (either generally speaking, or related strictly to one or more jurisdictions of your choice); rights that this status confers; limitations or common misconceptions regarding dual citizenship; potential pitfalls or drawbacks that someone should be aware of before undertaking an attempt to secure dual citizenship; most common avenues to dual citizenship; countries that may be most accepting of dual citizenship status.

9th Circuit Gives Green Light to Hiring Bias Lawsuit Against Meta 

Consider writing about:

A recent federal appeals court ruling over Meta’s alleged hiring bias in favor of H-1B workers over U.S. citizens; key points in the 9th Circuit’s ruling; what the ruling means for a software engineer’s lawsuit against Facebook’s parent company; how similar bias claims against tech companies have fared over the years; how companies (whether in the tech industry specifically or more generally speaking) can best anticipate and prepare for legal challenges to their hiring practices; what employers should know about the H-1B visa system and related do’s and don’ts.

Related information:

https://cdn.ca9.uscourts.gov/datastore/opinions/2024/06/27/22-16870.pdf

USCIS Updates Guidance Regarding Student Visas 

Consider writing about:

Recently updated guidance from U.S. Citizenship and Immigration Services regarding students’ eligiblity for optional practical training (OPT) extensions for Science, Technology, Engineering, and Mathematics (STEM) fields; employer takeaways from this new guidance; more broadly speaking, what else employers or students should know about visa options, application procedures, eligibility criteria, and pros and cons of available types of visas.

Related information:

https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-for-fm-nonimmigrant-student-classification

What’s Next for Biden Administration’s ‘Keeping Families Together’ Program? 

Consider writing about:

The status of the Biden administration’s “Keeping Families Together” program; what the program is intended to accomplish; where states’ lawsuit against the program currently stands; basis for the lawsuit; what’s next for legal challenges to the “Keeping Families Together” program; potential alternatives to the program.

Related information:

https://www.newsweek.com/joe-biden-immigration-us-border-spouses-migrants-1949416

Snap That Cap! 

Consider writing about:

Annual limits being reached this month in the EB-3 and EB-5 visa categories; situations and needs to which these visa categories apply; potential alternatives to these types of visas; any ways to maximize chances of success when making any future attempts at securing either type of visa.

Related information:

https://travel.state.gov/content/travel/en/News/visas-news/annual-limit-eb5.html

https://travel.state.gov/content/travel/en/News/visas-news/annual-limit-eb3-ew.html

Texas AG Targets Immigrant Rights Group Over Activities, Nonprofit Status 

Consider writing about:

Texas Attorney General Ken Paxton’s lawsuit against an immigrant rights group; basis for the allegation that the organization is violating federal rules that govern nonprofits’ political involvement; rules in question; free speech protections that may or may not apply in this instance; lessons that other nonprofit organizations may be able to draw from this case.

Related information:

https://www.texastribune.org/2024/08/16/texas-paxton-attorney-general-lawsuit-immigrants-rights-fiel-houston

Changes Are Coming to International Entrepreneur Program 

Consider writing about:

Updates that U.S. Citizenship and Immigration Services is making to the international entrepreneur rule; what to know about the program, its key benefits and obligations, and how the updates will impact existing participants or prospective applicants.

Related information:

https://www.uscis.gov/newsroom/alerts/uscis-to-begin-triennial-investment-and-revenue-threshold-updates-for-international-entrepreneur

H-1B Alternatives to Consider 

Consider writing about:

H-1B alternatives for employers and foreign workers, now that U.S. Citizenship and Immigration Services has completed its second lottery for fiscal year 2025. What are other options for those who miss out on the limited offerings that are made available via the lottery? Consider describing the pros and cons of various alternatives, to whom these other options are best suited, and how they stack up against the H-1B visa.

Related information:

https://news.bloomberglaw.com/daily-labor-report/us-completes-second-lottery-for-fiscal-year-2025-h-1b-visa-cap

Immigration Pointers for Startups [Ongoing] 

Consider writing about:

Immigration pointers for startups. Consider writing about potential pitfalls, key deadlines and processes, or other immigration-related considerations that frequently arise for startup companies (in the country or region of your choice). What are some common errors, misconceptions, or overlooked opportunities for young companies that may be unfamiliar with the intricacies of immigration law? What immigration-related issues are most likely to crop up first, or are most likely to create serious compliance or enforcement liability risks down the road? What immigration-related questions do you repeatedly see from startups? And what are some best practices for startups on this front?