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:

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rethink their hiring, staffing, and operational practices if the Temporary Protected Status program is scaled back or rescinded.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?

What the End of ‘Chevron’ Deference Could Mean for Immigration Issues 

Consider writing about:

How the U.S. Supreme Court’s overturning of the Chevron doctrine could impact immigration matters; rights, programs, or processes that could be facing heightened scrutiny and potential legal challenges and resulting changes in the wake of the Court’s decision; how businesses, individuals, or legal practitioners should be thinking about this situation and possible favorable opportunities — or, conversely, disruptions or setbacks — that may lie ahead. (Consider also whether to tailor your analysis to a specific industry or type of immigration-related situation.)

Kamala Harris’ Immigration Record: Separating Fact From Fiction 

Consider writing about:

Vice President Kamala Harris’ record on immigration-related matters. Separate out the fact from fiction amid election-season claims from both sides of the presidential race. What was Harris’ mandate on immigration, and how has she performed on that front? What administration achievements and setbacks might she inherit from President Joe Biden? What are the key immigration-related challenges that lie ahead for a potential Harris presidency?

Migration From China to the United States: Trends and Enforcement Challenges 

Consider writing about:

Issues involving migrants from China entering the United States; trends driving the surge, and how the current wave of migration compares to that of past years; related trends in types of asylum requests and the deportation process; how government officials in the United States, China, and other countries are responding to the surge; how local jurisdictions, immigration advocates, and nonprofit groups are responding to changing immigration patterns.

Related information:

https://www.nbcnews.com/news/world/chinese-migrants-deported-first-large-flight-us-2018-rcna160114

https://apnews.com/article/china-immigration-border-deportation-mayorkas-514f42ee56e80fe7eb7f9fcc71c4d55c

https://www.cbsnews.com/news/chinese-migrants-fastest-growing-group-us-mexico-border-60-minutes-transcript

https://www.cnn.com/2024/01/08/americas/china-us-migrants-illegal-crossings-intl-hnk-dst/index.html

https://www.nbcnews.com/news/asian-america/demographics-migration-us-are-rapidly-shifting-s-change-rcna149623

Implications of U.S. Supreme Court Ruling in Spousal Immigration Case 

Consider writing about:

The U.S. Supreme Court’s recent decision in Department of State v. Munoz; key facts in the case; what this ruling means for the visa application process and, more broadly speaking, for marital rights and, looking longer-term, whether this ruling could wind up weakening the rights of same-sex couples.

Related information:

https://www.supremecourt.gov/opinions/23pdf/23-334_e18f.pdf

https://www.reuters.com/legal/government/us-supreme-court-says-citizens-cant-sue-over-foreign-spouses-visa-denials-2024-06-21

Immigration as an Election Issue in France and the United Kingdom 

Consider writing about:

How immigration trends and concerns influenced recent elections in France and the United Kingdom; related issues involving party platforms, key candidates’ performances, voter turnout and choices, and the prospects for change to immigration policy on a national level; how immigration patterns have trended in France and the United Kingdom in recent years, especially since Brexit; and possibly a comparison to how immigration is an election-year issue in the United States.

Court Gives Go-Ahead to Students’ Lawsuit Over ICE’s Phony University 

Consider writing about:

A federal appeals court ruling that green-lights students’ lawsuit against the U.S. government over a fake university that U.S. Immigration and Customs Enforcement agents created as part of a crackdown on suspected visa fraud; whether the ICE-instigated university actually led to any charges of visa fraud; how unusual this type of operation may be; what to know about students’ claims against the government; basis for entrapment claims; where the case goes from here.

Related information:

https://www.freep.com/story/news/local/michigan/oakland/2024/07/03/court-students-at-fake-michigan-university-set-up-by-ice-can-sue/74228675007

What Biden Policy Shift Means for DACA Recipients 

Consider writing about:

New options for DACA recipients to acquire employment-related temporary visas; current options for DACA recipients; how the Biden administration’s recently announced policy shift may benefit individuals and employers; what else to know about the new policy, in terms of qualifications, limitations, and implementation.

Related information:

https://www.forbes.com/sites/stuartanderson/2024/06/19/daca-recipients-could-gain-h-1b-visas-under-new-immigration-policy

Tips on Navigating the H-2B Visa System 

Consider writing about:

How employers can best navigate the H-2B system; the current state of the system (and any significant related policy or enforcement trends) under the Biden administration; what to know about proving a need for temporary foreign workers; additional pointers on the H-2B visa process, key requirements, potential pitfalls, and how to maximize the chances for success with the H-2B system; lessons from any noteworthy H-2B disputes; H-2B alternatives that may be available to employers grappling with a labor shortage.

Biden Announces Immigration Relief for MIxed-Status Couples 

Consider writing about:

What a new plan announced by President Joe Biden this week will mean for certain U.S. citizens’ spouses who currently lack legal status; eligibility criteria under this plan; anticipated timeline for rolling out the new program; deadlines or other details that interested individuals need to know about.

Related information:

https://apnews.com/article/president-joe-biden-immigration-border-citizenship-spouses-69b9212c382d9bb265369b29b62622d7

What to Know About Biden Administration’s New Asylum Policy 

Consider writing about:

A shift in the Biden administration’s immigration policy as it regards asylum seekers at the border with Mexico; how asylum requests have trended in recent years; how asylum requests will be evaluated under the new system; how the new policy will be enforced; current or likely legal challenges to the new policy; exemptions to the new standards; realistically, how much of a difference the asylum shift may make in immigration patterns and for the backlogged immigration courts.

Related information:

https://apnews.com/article/biden-asylum-migration-immigration-mexico-border-dec5f83b468b5795479bf1f5e49799d5

USCIS Releases Updated Guidance on Family-Based Immigrant Visas 

Consider writing about:

New guidance released last month by U.S. Citizenship and Immigration Services regarding family-based immigrant visa petitions; procedures clarified under the new guidance; any outstanding matters left unresolved; what else petitioners and other interested individuals should know about the new guidance.

Related information:

https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-for-family-based-immigrant-visas

Arizona Legislature Tees Up Migrant-Arrest Ballot Measure for Voters 

Consider writing about:

An Arizona ballot measure that could make it a crime under state law for noncitizens to enter Arizona through Mexico at any location other than a port of entry; how this measure compares to new restrictions being put into place in other states; whether additional states are considering similar ballot measures this year; racial profiling concerns regarding the Arizona ballot measure, and whether those concerns are likely to prompt a lawsuit; what else stands out to you about the Arizona measure and the overall trend of states seeking to impose their own restrictions on the flow of immigrants entering the United States from Mexico.

Related information:

https://apnews.com/article/arizona-immigration-border-local-police-arrest-ballot-0b68135c94ad2ebb90b5c731ddf67d68