Headlines:

1. STUDENT VISAS IN ITALY: AN OVERVIEW – This article provides an update on student visas in Italy.

2. CANADA – A new Ministerial Instruction eliminates points for job offers with respect to Express Entry.

3. ITALY – Italian Town Halls are introducing new fees for Italian citizenship and civil status certificates.

4. UNITED KINGDOM – This article summarizes changes to the Skilled Worker rules on recouping visa application fees from the worker and on the minimum salary levels. There are also changes in relation to sponsoring care workers and other recent updates.

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

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ABIL Global Immigration Update – April 2025

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1. STUDENT VISAS IN ITALY: AN OVERVIEW

This article provides an update on student visas in Italy.

Italy

In Italy, upon arrival with a long-term visa, it is necessary to apply for a residence permit within eight days of entry. Holders of a long-term study visa, upon applying, receive a residence permit for study that is valid for one year and renewable if the visa was issued further to enrollment in a multi-year course.

Below are highlights of requirements for converting a study residence permit into a residence permit for work, or into a residence permit for job search or freelance activity consistent with the study course, along with other options.

Conversion of Study Residence Permit Into Residence Permit for Work

The residence permit for study in Italy allows the holder to work up to 20 hours per week (up to a maximum of 1,040 hours per year). It can be converted into a residence permit for work (subordinate work or freelance work) at any time of the year, even before the study course is completed, regardless of whether the holder has obtained an Italian degree. Generally speaking, to be eligible for conversion, the permit must be within its period of validity.

The application for conversion must be filed through the dedicated government website. Possession of Italian digital identity (called SPID) is required to access the website.

The main requirements to apply include:

For subordinate work, the applicant must have a job contract proposal from an Italian firm for more than 20 hours per week.

For freelance work, the applicant must demonstrate the availability of sufficient income (no less than €8,500 per year), sufficient funds to start the activity, including VAT, and must demonstrate possession of requirements to start a freelance activity in Italy.

In both cases, proof of having secured suitable accommodation in Italy is required.

Once conversion is granted, the applicant will be issued a residence permit for work (valid from one to three years) that is renewable, allowing the person to stay in the country indefinitely if requirements continue to be met.

Conversion of Study Residence Permit Into Residence Permit for Job Search or Freelance Activity Consistent With Study Course

Students who have completed their study course in Italy and have obtained a PhD or master’s degree, a bachelor’s or specialist degree, an academic diploma of first or second level, or a higher technical diploma, who do not have a job offer yet and wish to prolong their stay in the country, can apply for a residence permit for job search or for starting a freelance activity consistent with the study course, valid from nine to 12 months. Such a residence permit allows the person to remain in Italy to look for a job or start a freelance activity and obtain a residence permit for subordinate or freelance work.

Other Options

During the study permit’s period of validity, in case of a job offer meeting the requirements and if the student qualifies, it is possible to obtain an EU Blue Card work permit and apply for an EU Blue Card residence permit, without having to exit Italy and apply for a new visa. Another possible option—in case the student wants to set up an innovative startup—is conversion of the student residence permit into a permit for freelance work based on approval of a business plan to start an innovative startup.

https://www.mazzeschi.it/conversion-of-student-permit-in-italy-converting-your-residence-permit-from-study-to-work-purpose/

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2. CANADA

A new Ministerial Instruction eliminates points for job offers with respect to Express Entry.

As perhaps his last act as Minister of Citizenship and Immigration, on March 11, 2025, Marc Miller signed a Ministerial Instruction making good on his earlier promise to eliminate points for job offers with respect to Express Entry, Canada’s system for selecting economic immigrants for permanent residence. Effective March 25, 2025, candidates no longer receive points for a qualifying offer of arranged employment. This is reflected in section 29(1) of the current Ministerial Instructions respecting the Express Entry system.

What this likely means is that individuals who previously held competitive scores in Express Entry due to their job offers (closed work permits) will no longer have a competitive score. These candidates are usually seasoned professionals or executives in Canada pursuant to closed intra-company transferee or professional category work permits and receive no or few points for their age. They will now find themselves at a distinct disadvantage with those candidates between the ages of 20 to 29 who receive the most points for their age. This may be beneficial to the many international students and graduates in Canada who hold open work permits and previously did not receive the job offer points.

Surprisingly, the government has not announced any further changes regarding Express Entry. It had been thought that the government might change the points allocated for certain criteria, such as work experience in Canada to make up for the lost points. While it is to be seen whether future draws will have lower scores, more draws that target French speakers and key occupations, particularly in the construction trades, are expected. Since 2023 and throughout 2024, the government has made clear its intention of increasing the number of French speakers outside of Québec, with the last French-language Express Entry draw on March 21 having a cut-off score of 379, one of the lowest scores in years. The government has also stated that it intends to take measures to address the skilled trades shortage in Canada, particularly in construction.

People seeking permanent residence may now wish to maximize their chances of securing an invitation by submitting an expression of interest for a Provincial or Territorial Nominee Program (PNP) if they qualify, for example, with an employer who is willing to support them. However, allocations of permanent resident spots from the federal government to PNPs are down 50 percent, so this path may not offer a lot of hope either. It appears that provinces and territories have inventory from 2024 that will take up some of their 2025 allocations, which may explain why we have not seen invitations from some provinces.

While the government had said that they were introducing this change to ostensibly clamp down on the number of bogus Labour Market Impact Assessments (LMIAs), the fact that it affects both LMIA-based and LMIA-exempt offers of employment suggests more. This scrapping of the arranged employment points seems to fit into the government’s overall strategy of reducing the number of temporary residents in Canada. It could be that the government is hoping that many in the Express Entry pool will conclude they do not have a path to permanent residence and decide to leave Canada. In other words, the government kills two birds with one stone. The Ministerial Instruction will allow them to meet the 20 percent reduction in permanent residents for the next two years while potentially helping to decrease the number of temporary residents to five percent of the population over the next three years (from around 650,000 to about 500,000). These targets were announced last fall in response to public opinion that newcomers were stealing Canadian homes, and the government needed time for infrastructure and new housing to catch up with demand.

This development may completely change the trajectory of many individuals who were relying on their job offer points to have a good shot at becoming permanent residents. Those with questions about specific cases should contact their immigration attorney.

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3. ITALY

Italian Town Halls are introducing new fees for Italian citizenship and civil status certificates.

New Fees

Several Italian Town Halls are gradually introducing new fees for applications related to the recognition of Italian citizenship by descent and the issuance of civil status certificates for records older than 100 years (which are required to be submitted along with the applications).

Under Article 639 of the 2025 Budget Law, Town Halls can charge up to 600 euros for citizenship by descent applications and up to 300 euros for civil status certificates. If the certificate request includes precise details such as the year of the event and the name of the person to whom it pertains, the fee may be reduced.

At least 22 Town Halls in the Veneto region have started applying the new fee structure. As explicitly noted by several mayors, these fees are intended to discourage applicants seeking Italian citizenship by descent. This move comes in response to the large number of citizenship requests, particularly from South America, which Veneto’s local authorities receive annually, due to the region’s history of emigration.

Applicants are advised to visit the official website of their Town Hall to verify the updated fees and plan accordingly for any associated charges.

Disability Benefits and Residency-Based Citizenship Applications

In a landmark ruling, the Italian Council of State (Sect. III, January 27th, 2025, No. 599) declared it unconstitutional and discriminatory to exclude disability benefits from the income assessment for residency-based citizenship applications. The case involved a disabled individual whose citizenship application was rejected because her disability pension and allowance were disregarded as income, without due consideration of her specific circumstances.

This decision challenges the standard approach in evaluating income when granting Italian citizenship. Under the current system, income is usually assessed to determine eligibility for residency-based citizenship. However, in this case, the Public Administration (PA) had excluded the disability pension and accompanying allowance from the applicant’s total income, arguing that these were state-provided benefits that should not count toward the citizenship requirement. The Council of State overturned this decision, finding that the approach was not only legally flawed but also discriminatory against individuals with disabilities.

The Court emphasized that the PA should have taken into account factors other than the nature of the income, such as the onset of the disability, cohabitation with family, and the absence of dependents. By failing to do so, the PA denied citizenship solely on the basis of disability, in violation of constitutional rights.

The new ruling clarifies that disability pensions should not be treated in the same way as other public benefits, as they are essential to an individual’s livelihood and distinct from income from employment. It signals a shift toward a more individualized and empathetic approach to assessing applications for citizenship.

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4. UNITED KINGDOM

This article summarizes changes to the Skilled Worker rules on recouping visa application fees from the worker and on the minimum salary levels. There are also changes in relation to sponsoring care workers and other recent updates.

Recouping Fees from Skilled Workers

A rule change announced recently concerns sponsors who seek to recoup visa application fees from Skilled Workers. If you pay all Skilled Worker sponsorship application fees and do not ask the worker to pay anything, this change should not concern your business.

Below is a summary of the rule change:

• Effect of the new rule. The new rule means that if you pay Skilled Worker visa application fees upfront but then seek to recoup some or all of the fees from the sponsored worker, the fees you recoup will not be counted toward meeting the minimum Skilled Worker salary threshold required for the application. The new rule only applies to Skilled Worker applications.

• When does the new rule start? The change relates to all Skilled Worker applications where the certificate of sponsorship (CoS) is assigned on or after April 9, 2025.

• What arrangements would be caught? The payments from the sponsored worker to the sponsor that will not count toward meeting the minimum Skilled Worker salary level include “deductions from salary; repayments of loans; or investments.” Sponsors who deduct Skilled Worker visa application fees from the worker’s salary or enter into a loan agreement with the Skilled Worker should take note of this rule change. The reference to “investments” is unlikely to affect many sponsors but could apply if the sponsored worker is one of the owners of the business.

• To which visa fees does the new rule apply? It is important to note that there are certain visa fees which the worker must never pay—whether upfront or in repayments to the sponsor. These include the Immigration Skills Charge and CoS fees. While further guidance is awaited, the new rule is likely to include the United Kingdom Visas and Immigration (UKVI) Skilled Worker visa application fee (for example, normally £719 for a three-year visa issued outside the UK) and the Immigration Health Surcharge (normally £1,035 per year of the visa for adults).

• Payments are averaged. Payments from the Skilled Worker to the sponsor that are caught by this new rule will be averaged over the length of time the applicant is being sponsored.

• Salaries close to the minimum threshold. As a result, the new rule is likely to be an issue if you sponsor at or just above the minimum salary threshold and normally seek repayment of the Skilled Worker visa application fees from the sponsored worker.  This rule change will not be an issue if you pay sufficiently over the minimum salary amount.

Example: You may seek to sponsor a Skilled Worker and the minimum annual salary for the relevant occupation code is £40,000. You intend to pay £40,300. However, you normally seek to recoup a contribution to UKVI application fees and Immigration Health Surcharge fees totaling £1,500. The CoS is to be assigned for three years. As the sponsored worker’s payments toward the application fees are averaged over the sponsorship period, this means the allowable salary will be reduced by £500 per year, so the new annual salary that can count is £39,800—below the minimum required.

• Are there any exceptions? There is an exception where the payment from the sponsored worker is “not related to business costs, immigration costs or investment” and is “an additional benefit offer which the applicant has a genuine choice whether to take up, for example salary sacrifice arrangements.”

Here are some suggested ways sponsors can avoid the new rule:

• Apply before April 9. As noted above, the rule change only applies to applications where the CoS has been assigned on or after April 9, 2025. If you have any applications in the pipeline, you could assign the CoS before April 9 and still recoup relevant application fees.

• Sponsor to pay all the application fees. You may decide to change your usual policy and incur all the visa application fees and not pass any on to the sponsored worker.

• Increase the salary and still recoup the fees. You could increase the salary payable to the sponsored worker and continue to recoup relevant application fees.

• Sponsored worker to pay the fees. The sponsored worker could pay the relevant application fees without any loan or deductions from salary. Note, as above, that there are certain fees the sponsored worker can never pay.

• Clawback provisions after the sponsorship ends. You could agree that visa application fees would need to be repaid by the sponsored worker if they leave the employment within a certain timeframe (fees should not be repayable while the sponsorship lasts). This could be an alternative to a loan agreement or salary deductions. It is advisable to seek employment law advice if you are considering using clawback provisions.

Some questions remain about how this change will work in practice. We await new sponsor guidance giving more details on the rule change. The guidance may not be released until April 9, 2025. The guidance should clarify which Skilled Worker visa application fees are covered. In addition, it is unclear whether starting on April 9, the salary declared in the CoS will need to account for any planned salary deductions/loan repayments.

Increase in Minimum Salary Levels

For Skilled Worker applications with a CoS assigned on or after April 9, 2025, the lowest salary threshold is rising from £23,200 to £25,000 per year. This increase mainly affects care workers. Most other applications have a general salary threshold and/or going rate above this amount.

The Home Office has confirmed its intention to publish a White Paper soon. It is likely that the White Paper will include consideration of further salary increases. It is also expected to include new policies in relation to linking immigration with skills policies—potentially with a new requirement for sponsors to be training/upskilling resident workers.

Change to Process on Sponsoring Care Workers

This change will only concern you if you sponsor care workers. Due to many care homes having their sponsor licenses revoked following an increase in UKVI compliance activity, many care workers are out of work in the UK.

The rule change means that where a CoS is assigned on or after April 9 for jobs in England, in some circumstances sponsors need to first check whether there is already a care worker in the UK from the “pool” who has recently lost their employment following revocation of their sponsor’s license or where there is insufficient work for them. Sponsors will be required to provide evidence from a regional partnership of having attempted to recruit from the pool.

The change applies to care workers applying outside the UK and those in the UK switching immigration status where they have not already been working for the sponsor for three months.

Other Recent Changes

• New entrant rate. Also covered in the rule changes is that when a Skilled Worker applicant is claiming a “new entrant” salary reduction based on training toward a recognized professional qualification (in a UK Regulated Profession), this must be a UK qualification where the CoS is assigned on or after April 9, 2025.

• European nationals need Electronic Travel Authorisation (ETA) starting on April 2, 2025. The ETA is the UK’s equivalent of the U.S. Electronic System for Travel Authorization scheme. It means that people visiting the UK visa-free must apply for authorization before traveling. Anyone with a visa does not need an ETA. Starting on April 2, 2025, European (except Irish) nationals will need an ETA before traveling to the UK as a visitor. They can apply now.

• The European Union’s (EU) planned Entry/Exit System (EES) is a new digital border system that will apply to British citizens. A photo and fingerprints will be taken before the automated digital passport control can be used for subsequent trips. The EES is due to start in October 2025, but reports suggest that it may not be fully rolled out in the UK until April 2026.
• The European Travel Information and Authorisation System (ETIAS) scheme will apply to British citizens. Visitors to the EU will need to apply for pre-travel authorization in much the same way as the US ESTA and the UK’s ETA scheme. ETIAS will not start until 6 months after the EES is in place, so likely in October 2026. But even then, ETIAS is not expected to be compulsory for the first six months, so it’s possible that British citizens will not need ETIAS approval until around April 2027.

• Biometric Residence Permits (BRPs) should be used until June 1, 2025. Anyone with a BRP short-dated to December 31, 2024, whose visa remains valid should continue to use their BRP to travel to the UK until June 1, 2025. Home Office guidance says that when traveling to the UK on or before June 1, 2025, visa holders should have their valid eVisa, a share code, and their BRP if they have one. FAQs on the transition to eVisas (especially question 7) have more information.

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5. New Publications and Items of Interest

Alliance of Business Immigration Lawyers:

• ABIL is available on X (formerly Twitter): @ABILImmigration
• Recent ABIL member blogs are at http://www.abilblog.com/

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ABIL Member / Firm News

Klasko Immigration Law Partners, LLP, has published Prioritizing Immigration Compliance: Considerations for Employers.

Klasko Immigration Law Partners, LLP, published several new blog posts: DHS Implements New Requirements for Non-U.S. Citizens Not Previously Registered, FAQ: New Fingerprint and Registration Requirement for Certain Noncitizens, and USCIS Announces Upcoming Fingerprint and Registration Requirement for Certain Noncitizens.

Klasko Immigration Law Partners, LLP, was named among the “Best Companies to Work For” by U.S. News & World Report for a second year, in the Law Firms category. In a statement, Klasko said, “This recognition highlights the firm’s unwavering commitment to cultivating a workplace where employees feel valued, supported, and empowered to succeed.”

Klasko Immigration Law Partners, LLP, announced that partner Michele Madera has been selected to serve on the Board of Directors of the Garces Family Foundation. Klasko said that Ms. Madera “is honored to support the mission, values, and programs of the Garces Family Foundation, particularly its initiatives benefiting immigrant communities in the Philadelphia region, such as English, GED, and Digital Literacy classes.”

Charles Kuck was quoted by Marianne in “Nous Allons Révoquer les Visas des Partisans du Hamas”: Comment Donald Trump s’en Prend aux Militants Pro-Palestiniens [We Will Revoke the Visas of Hamas Supporters: How Donald Trump Attacks Pro-Palestinian Activists]. Mr. Kuck said, “Si vous êtes un étudiant étranger ou un résident permanent qui a été détenu pendant les manifestations, vous êtes une cible de cette administration. Vous devez vous préparer, contacter vos professeurs et leur dire que vous finirez peut-être le semestre en prison ou à l’étranger.” [“If you’re a foreign student or permanent resident who was detained during the protests, you’re a target of this administration. You need to prepare, contact your professors, and tell them you may end up in jail or abroad.”] [Translated to English with Google Translate.]

Mr. Kuck was interviewed by WSB TV 2 in Immigration Crackdown. Commenting on the use of police to aid in immigration enforcement, Mr. Kuck said that “it doesn’t make a lot of sense.” He noted that “you cannot train somebody on immigration law in a couple of hours” and that “immigration law is wildly complicated.”

Mr. Kuck was quoted by the Intelligencer in Prince Harry Is (Probably) Not Getting Deported. He said that he was “stunned” that a judge allowed the release of Prince Harry’s immigration files, and that he does not think the prince will be deported from the United States. “Given that many of these facts were known about Harry before he filed for his green card, then I don’t think immigration is going to be able to revoke his green card. This is being done as a publicity stunt, not, I think, to ultimately take Harry’s green card away.”

Mr. Kuck was quoted by CNN in Heavily Redacted Documents Reveal Little in Lawsuit Over Prince Harry’s Immigration Records. Commenting on a question the Form I-485, Application to Register Permanent Residence or Adjust Status, asks, “Have you ever violated (…) any controlled substance law or regulation of a state, the United States, or a foreign country?,” Mr. Kuck said that question has been the subject of numerous cases before the Board of Immigration Appeals, “because in order to answer that question, you have to know the elements of the crime. No person in their right mind would answer ‘yes’ to that question. Because what crime are you talking about? What are the elements of that crime? What are the parameters of violating that law? … I don’t know what the elements of the crime are.”

Mr. Kuck was quoted by Zeteo in Marco Rubio Personally Signed Off to Detain Mahmoud Khalil on ‘Foreign Policy Grounds,’ Sources Confirm. He said that “there’s never been a secretary of state as manipulatable as our current Secretary Rubio. Most of them would stand their ground and would follow due process considerations.”

Mr. Kuck was quoted by the Atlanta Journal-Constitution in Beyond the Fence: What It’s Like Inside Atlanta’s Immigration Court. He noted that Georgia’s immigration judges used to have a reputation for being among the toughest in the United States but said a lot has changed in the last five years, including many of the judges. “The courts today are much more fair than they have ever been. We want a court that’s just. And I think we’re pretty close to that in Atlanta,” he said.

Mr. Kuck was quoted by Mother Jones in “The Entire System Will Collapse”: Inside the Purge of U.S. Immigration Courts. Commenting on the activities of Sirce E. Owen, appointed by President Trump as acting director of the Executive Office for Immigration Review, Mr. Kuck said, “She is attacking prior policies that tried to bring the immigration courts into the 21^st century and reverting back to policies that made justice harder to render and harsher on the immigrants.” The article notes that in 2017, Mr. Kuck and the American Civil Liberties Union represented Mexican-born Jessica Colotl in a lawsuit against Ms. Owen and other Trump administration officials that challenged the revocation of her Deferred Action for Childhood Arrivals status. “I think their ultimate goal is to do away with immigration judges,” he said. Mr. Kuck also commented on the position of immigration judge: “To literally sit in a room all day and order people deported has got to canker your soul. That anybody would want that job is shocking to me and to fire people who were willing to do it with an open mind shows you exactly what this administration intends to do—limit due process and use the law as a weapon, not a shield.”

Mr. Kuck was quoted by KJZZ Phoenix in USCIS Wants to Require Migrants Applying for Benefits to Provide Their Social Media Accounts. He noted that the Department of State (DOS) already asks for social media information when considering visa applications outside of the United States. DOS “clearly does it because they’re abroad, so they’re looking for people who maybe seek to do [the United States] harm and are using it as a vetting tool. [U.S. Citizenship and Immigration Services], of course, is inside the United States, people are here. Many U.S. citizens who also are applicants for their spouses for example, or for their employees, they’ll be required to give their information. What is [USCIS] going to do with that? That’s a question for which we have no answer right now.” Mr. Kuck said the process could help with issues like rooting out false marriages, but that it also likely would further bog down an already backlogged application process at USCIS.

Mr. Kuck was quoted by MSN and CNN on the Trump administration’s “Gold Card” proposal. “They can’t change immigration law in reconciliation,” he said. Mr. Kuck also was quoted by CNN in its subscription-only section.

Mr. Kuck was quoted by Investment News in Trump’s Gold Card Visa Proposal Sparks Questions, Concerns. He said, “Others remain skeptical that a $5 million visa would attract a large enough pool of investors to replace EB-5’s economic contributions.” Mr. Kuck also said that the “amount of money that the EB-5 program has brought in over the course of the last 30 years would dwarf the number of people who could actually afford and want to use a $5 million golden visa.”

Mr. Kuck was quoted by ABC News in States Threaten Fines, Jail for Officials Who Resist Trump’s Immigration Crackdown. He said, “This all relates to Donald Trump’s war on immigrants and local people trying to garner favor with him through legislation that doesn’t solve any problems.”

Mr. Kuck was quoted by Blavity in Morehouse College Prepares Students for Potential ICE Raids on Campus. He said, “If an ICE agent talks to you, you have no legal obligation to respond to them. You have no legal obligation to produce paper. You have no legal obligation to allow them into your house without a warrant signed by a judge. Even if you’re undocumented, every right in the Constitution is given to you … in your personal life.”

Mr. Kuck was quoted by 11 Alive in Recently Engaged, Beloved Barber Arrested by ICE – How His Immigration Story Is Questioning the System. He said, “Somebody who has been pardoned by the state, been forgiven, moved on with his life, ICE comes along decades later and arrests him and says they’re going to deport him. Our laws haven’t changed in 30 years. What’s changed is how they’re enforced.”

Mr. Kuck and Stephen Yale-Loehr of Miller Mayer, LLP, were quoted by the Miami Herald in Can ICE Target Employers? Legal Experts Weigh in After Bakery Owners Arrested in Texas. Mr. Kuck said that to arrest an employer, the government must have probable cause that the employer has knowingly hired undocumented workers or failed to do the required I-9 work authorization verification. “What they usually do is an audit. ICE has since 1986 been authorized to do I-9 audits,” he said. “ICE has to show actual knowledge that you intentionally violated the immigration laws. It’s an extraordinarily high standard, and I could probably count on one hand the number of these cases in the past decade.” This is in part because employers are not expected to be “forensic document experts,” Mr. Kuck said. Mr. Yale-Loehr said that in general, employing undocumented workers is a civil violation that results in a fine.

Cyrus Mehta was quoted by Forbes in Trump Immigration Policies Increase Peril for International Students. He said, “Even if the visa is revoked and the F-1 status has been terminated in SEVIS, a foreign student can still continue to study and, if placed in deportation proceedings, should challenge the deportation before an immigration judge. If removal proceedings have not commenced, I think a student can also challenge the notice that they have been terminated in SEVIS in federal district court through the Administrative Procedure Act on the grounds that the action was arbitrary, capricious and the student was not given any warning or notice to respond.” Mr. Mehta said he believes that if a student is placed in removal, the student may be able to “challenge on First Amendment grounds, but the student may need to do this at the Court of Appeals stage since an immigration judge and the Board of Immigration Appeals may rubber-stamp Rubio’s determination.”

Mr. Mehta and Kaitlyn Box co-authored a new blog post: A Foreign Student Whose Visa Has Been Revoked by Trump Should Still Be Able to Continue to Attend School.

Mr. Mehta and Greg Siskind, of Siskind Susser PC, were quoted by the Times of India in Brace for Immigration Changes To Be Introduced Overnight, Warn Attorneys, As Inviting Public Comments Is No Longer Required. Mr. Mehta said, “I foresee that the administration will issue more regulations without getting public input. Obtaining such input from the public is a win-win for all as the administration can issue rules that would be acceptable and less likely to be challenged in court later as not being consistent with the statutory provision. After a Supreme Court decision last June 2024 (Loper Bright v. Raimondo), courts are no longer required to give deference to a government agency’s interpretation of the statutory provision enacted by Congress. Therefore, there is now a greater chance that a new rule could be successfully challenged in court as the government’s interpretation of the rule can be more easily set aside.” Mr. Mehta also said, “It may be difficult to challenge [a Department of State notification] as it is just a general pronouncement. However, when the administration next issues a rule and claims the foreign affairs function exception in the Administrative Procedure Act [APA], the invocation of the exception can certainly be challenged in court on grounds that the rule has no relation to the foreign affairs of the U.S. In CAIR Coalition v. Trump, a rule barring asylum seekers, who had traveled through other countries, from applying for asylum at the southern border was struck down as it did not meet the exception, among other grounds. To meet the ‘foreign affairs’ exception, a rulemaking must ‘clearly and directly’ involve a foreign affairs function of the United States.” Mr. Siskind said, “For years, we have seen U.S. Citizenship and Immigration Services impose policies via a memo and lawsuits have successfully challenged this. So, I am guessing the Trump administration wants protection to make rules without any of the public-facing protections required by the APA.”

Mr. Mehta was quoted by Law360 in Lawyers Slam Trump Memo on ‘Vexatious’ Attys. Calling a Trump administration memorandum “outlandish,” he said, “To taint the whole legal profession that is involved in immigration work is totally unwarranted and uncalled for, because it undermines the rule of law and it also basically demeans the good work that’s been done.”

Mr. Mehta was quoted by the Times of India in AILA Condemns Trump’s Crackdown on Immigration Lawyers, Calls It a Threat to Legal Integrity. He said that President Trump believes that “[s]upposedly unethical lawyers are standing in [the Trump administration’s] way to dismantle an immigration system that allows the persecuted to seek protection in the U.S.” A Trump administration memorandum, he said, “suggests ways to ‘kill the lawyers’ by sanctioning and disciplining them through an assortment of court and disciplinary rules. Obviously, there is no truth to this assertion [made in the memorandum]. The immigration bar and lawyers in Big Law doing immigration pro bono are ethical. Otherwise, they would have been sanctioned and disbarred by vigilant disciplinary authorities. Trump is engaging in delirious fantasy. Lawyers must stand firm together notwithstanding this nonsensical bluster and continue to represent noncitizens in asylum claims and other immigration cases.”

Mr. Mehta was quoted by The Hindu in ‘Foreign Students Whose Visa Is Revoked Can Legally Stay in the U.S. and Continue Studies If University Doesn’t Disenroll.’ Commenting on media reports about Indian students receiving emails from the U.S. government that their visas have been revoked and they need to self-deport because loss of immigration status would invite fines and deportation, Mr. Mehta said that the students can challenge the visa revocation provided they are not disenrolled from their institution. “If the State Department revokes the visa, the student can technically remain in nonimmigrant status in the U.S. and will need to apply for a new visa when he or she travels outside the U.S. Therefore, the student can still be in student visa status and continue with her studies. But the student can also be placed in deportation proceedings although then he/she will get the opportunity to challenge the visa revocation before an Immigration Judge,” he said.

Mr. Mehta authored a new blog post: “Trump and Dick the Butcher Have the Same Impulse: ‘Let’s Kill All the Lawyers.’ “

Mr. Mehta was quoted by Law360 in Columbia Activist Has Steep Legal Climb To Fight Removal. Commenting on a Board of Immigration Appeals decision from 1999 that affirmed the Secretary of State’s authority to remove anyone whose continued presence or activities in the United States are deemed seriously adverse to U.S. foreign policy interests, and Secretary of State Marco Rubio’s claim that green card holder Mahmoud Khalil, a pro-Palestinian activist, should be deported, Mr. Mehta said that the lower evidentiary standard established in that case, In re Mario Salvador Ruiz Massieu, “is the problem. It creates an uphill climb, but it’s not like all hope has been lost—one can distinguish Ruiz Massieu from Khalil’s case.” For example, among other things, Mr. Mehta noted that Mr. Khalil is a permanent resident, which should give him more due process rights. Another aspect to consider would be the timing of Mr. Rubio’s letter outlining his reasons for removal and the Notice to Appear (NTA) issued by the Department of Homeland Security to start Mr. Khalil’s removal proceedings, Mr. Mehta said: “If the whole NTA is based on this determination from the secretary of state, and if there was no proper determination articulated at the time the NTA was served, then there’s a defect.”

Mr. Mehta was quoted by Forbes in Trump Promises to Deport Migrants for Their Foreign Policy Views. He said, “I do not think one can challenge Secretary Rubio’s determination in an immigration court that the noncitizen’s presence or activities in the United States would have potentially adverse foreign policy consequences described in the letter. On the other hand, the very constitutionality of the provision may be challenged in the Court of Appeals after the noncitizen has received a removal order under First Amendment principles and their ties to the United States.” The article says Mr. Mehta believes that a lawful permanent resident would have the best chance to challenge the law, but a temporary visa holder could succeed, particularly an H-1B or L-1 visa holder. Those visas are dual intent, he noted, and the individuals can show ties to the United States. Mr. Mehta added that a lawful permanent resident seeking readmission from a trip abroad who is placed in removal proceedings can assert that the burden is on the Department of Homeland Security to establish, through clear and convincing evidence, that the individual is inadmissible. However, the burden is on a temporary visa holder to establish that they are entitled to admission clearly and beyond doubt, he said. Mr. Mehta also noted that ““There is a potential constitutional issue under … First Amendment case law with giving the Secretary of State the authority to authorize removal for what the statute hypothesizes would be lawful activity.”

Mr. Mehta was featured on the ITV Gold On Point podcast series on President Trump’s immigration policies.

Mr. Mehta was featured in a Reuters segment, U.S. Judge Temporarily Blocks Deportation of Columbia Student. He said, “Green card holders have rights. They just cannot be picked up in the way he has been and detained incognito. The person should have been convicted of a crime, a deportable offense. I don’t believe Mr. Khalil has been convicted of such an offense, from what I know. You could also initiate deportation proceedings if a green card holder has provided material support to a terrorist organization, which is what the Trump administration has been alleging.” He added that in such cases, the government has a high burden of proof and involvement in protests for Palestinian rights would not typically constitute material support to terrorism.

Mr. Mehta authored an article on LinkedIn, Let’s Fight to Uphold Our Rights to Free Speech and the Rights of Green Card Holders.

Mr. Mehta was quoted by BBC News in Trump’s Citizenship Order Leaves Expecting Indian Immigrant Parents in Limbo. The article discusses how President Trump’s birthright citizenship executive order is causing anxiety among Indians in H-1B nonimmigrant status who are wondering what nationality a child would have if the executive order took effect. “Their concern is valid. U.S. law has no provision for granting nonimmigrant status to a person born here,” he said.

Mr. Mehta was quoted by the Texas Observer in ICE Prosecutor in Dallas Runs White Supremacist X Account, regarding a U.S. Immigration and Customs Enforcement attorney who was discovered to have posted hateful messages on X regarding noncitizens appearing in immigration court under a pseudonym. “A government lawyer who vilifies people that he opposes in court, and puts that out under the radar, would clearly be engaging in conduct that’s prejudicial to the administration of justice,” he said.

Mr. Kuck and Mr. Mehta were quoted by the Washington Examiner in Immigrant Activists Decry Trump Registration Requirement: ‘Terrorize People.’ Their views on the registration program are reflected in the article.

Mr. Mehta and Kaitlyn Box co-authored several new blog posts: Challenging the Foreign Policy Ground of Removability in Defense of Free Speech and the Rights of Green Card Holders, Trump’s Cruel Immigration Policies Have No Rational Justification Except to Harass and Intimidate Immigrants such as the Alien Registration Requirement, and The False Distinction Between Legal and Undocumented Immigrants in the Debate on Birthright Citizenship.

Angelo Paparelli, of Seyfarth Shaw LLP, authored a new blog post: Unpacking President Trump’s New Immigration Orders: A Road Map for Mobility Professionals.

Mr. Paparelli appeared on the Fill to Capacity podcast, Immigration Law: Outspoken Changemaker in a Convoluted Maze (scroll down to link under “Listen on Buzzsprout). Mr. Paparelli discussed the U.S. immigration system of changing laws, history, quotas, political parties, and bureaucratic turf wars. You can listen to the full podcast here.

Greg Siskind, of Siskind Susser PC, was quoted by the Miami Herald in “Many to Come”: Trump Administration Plans More Removals of Students Protesting War in Gaza. He said the Trump administration’s actions are likely to face scrutiny from judges. “I’m guessing that the threat of removal is going to mean more than the actual reality. I’m reminded of the first Trump administration where they were threatening to denaturalize people en masse and very few people were actually affected,” he said.

Stephen Yale-Loehr of Miller Mayer, LLP, was quoted by Inside Higher Ed in Smashing the Student Visa System. He said that the Trump administration leaving university officials in the dark about changes to students’ visa status “makes it difficult for colleges to advise their international students. The system works on communication going both ways between immigration officials and institutions. The government doing things in secret makes it hard for both students and universities to know whether they are complying.”

Mr. Yale-Loehr was quoted by Forbes in Trump Immigration Policies Increase Peril for International Students. He noted that if someone had not seen a Tufts University graduate student’s arrest and recorded a video, it is possible that the student would have just “disappeared” by moving to detention in another state with no record in the ICE online detention locator. Mr. Yale-Loehr said he saw three problems that threaten the ability of international students to remain in the United States. First, the Department of State (DOS) is canceling visas due to an exercise of free speech that administration officials find objectionable. Second, ICE denies due process since students cannot respond to charges. Third, student SEVIS records are terminated for “failure to maintain status” because DOS revokes a visa and makes them subject to removal.

Mr. Yale-Loehr was quoted by ABC News in Some College Students Are Being Targeted for Deportation. What Rights Do They Have? He noted that even though the recent students who have had their visas revoked do not have criminal records, the Trump administration has insisted that they be detained while their cases play out, meaning they could spend more than six months behind bars without being charged with any crimes. “The Trump administration has been a lot more aggressive than past administrations on putting people who have not been convicted of crimes into immigration detention.” He noted that to prove that a noncitizen threatens U.S. foreign policy, the administration would need to submit sworn declarations or evidence to prove the person’s impact on foreign policy. “If it is this foreign policy ground, you need a statement from the secretary of state saying the magic words, this person’s presence would have serious adverse foreign policy consequences,” he said.

Mr. Yale-Loehr was quoted by CBS News in Trump’s Crackdown on Students With Visas and Green Cards Sets Up First Amendment Showdown. He said, “There’s a tension between everyone’s First Amendment rights to free speech and the immigration statute’s broad provisions giving the secretary of state broad latitude to declare someone deportable simply because he thinks that the student may have potentially serious adverse foreign policy consequences. And the courts will have to figure out where the appropriate line should be drawn.” Recalling two other cases where similar powers were invoked in deportation proceedings, Mr. Yale-Loehr said he expects that it will take years for these cases to be settled, predicting that “it’s going to be a mess. If there’s over 300 students who had their visas revoked, there’s going to be a lot of cases challenging it. I suspect that the litigation will take years to unravel before a court and get a definitive ruling on the extent to which foreign nationals have First Amendment rights.”

Mr. Yale-Loehr was quoted by NPR in What Green-Card and Visa Holders Should Know Before Traveling Abroad. He recommended that green card and visa holders double-check their immigration documents before they fly. “Make sure everything is in order, their visa hasn’t expired or they don’t have a renewal application pending,” he said. Mr. Yale-Loehr noted additional factors that could raise a traveler’s risk level, pointing to a draft list of 43 countries that could be hit with a new travel ban. Although there’s not a travel ban currently in effect, he advised travelers from the 11 countries in the proposed “red” category to think twice before flying here. These countries include Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen. He added that typically, visa holders who are denied entry are simply put on the next plane back to their home countries. But some have recently been taken into custody and detained for days or more. “ It’s seemingly a growing problem,” he said, noting that U.S. Customs and Border Patrol (CBP) officers can ask travelers to unlock their cell phones, give laptop passwords, or hand over digital cameras. U.S. citizens and green card holders cannot be turned away simply because they refuse, but visa holders can, he said. Mr. Yale-Loehr also noted that during an electronic search, CBP officers often look for material that would suggest a noncitizen is ineligible to enter the United States. “ There’s wide discretion at the border in terms of who to admit to the United States, even if you have a valid visa,” he said. Although travelers asked to undergo further inspection at the airport are not entitled to an attorney, Mr. Yale-Loehr said it is still useful to have an immigration attorney’s contact information on hand. He also suggested that travelers have a friend who can be quickly reached if there’s trouble entering the United States. “So if it looks like you’re going to be questioned by the border people, you can text a friend saying, ‘I’m being pulled into secondary inspection, contact my immigration lawyer,’ ” he said.

Mr. Yale-Loehr was quoted by The Hill in High-Profile Arrests of Tufts, Alabama Students Spotlight Growing Trump Sweep. He said, “Trump has declared war on immigrants generally and international students specifically, and he’s trying to exert his executive powers to the maximum extent he can. It will be up to the courts to see at what point he oversteps his authority.” Mr. Yale-Loehr also noted “a tension between everyone’s right to First Amendment freedom of expression in the United States and this broad immigration ground that basically gives the Secretary of State carte blanche to declare anyone a threat to our national security, and the courts will have to decide which wins out. And so, this could be going on for a long time.”

Mr. Yale-Loehr was quoted by Newsweek in Could Visa and Green Card Holders Be Deported? What the Law Says. He said, “There are many grounds of deportability, including criminal convictions, prostitution, domestic violence. One of the more obscure grounds that has existed for many years allows the Secretary of State to put someone into deportation proceedings if the Secretary determines that that person’s presence has serious adverse foreign policy consequences. That provision has not been used very often. I can only recall one time, or two times, in the last 30 years, but now we have seen at least two instances where this administration has invoked that ground of deportability, both to revoke those students’ visas and to place them in deportation proceedings.” Mr. Yale-Loehr said that anyone in the United States, even without legal immigration status, has constitutional rights, such as the right to free speech and the right to due process, including having their case heard in court. Noting that the President has discretionary powers over immigration because the issue touches on foreign relations, he said, “This administration seems more willing to use these old deportation grounds that have been around since the Red Scare of 1950s as a way to go after people who do speak out. We’ll have to see whether the courts strike down these efforts as violating the students’ constitutional rights or whether they say that, despite the Constitution, the president does have the right to deport these people.”

Mr. Yale-Loehr was quoted by Inside Higher Ed in Colleges Fear Decline in International Student Enrollment. He said the Trump administration’s crackdown on higher education could stifle international enrollment and reduce the significant amount of tuition international students pay. “All of these things have a chilling effect…. As we saw in the first Trump administration, similar policies prompted a decline in the number of international students applying to U.S. colleges. It took really the whole time of the Biden administration to recover from that decline.”

Mr. Yale-Loehr was quoted by Inside Higher Ed in “Palpable Fear” Hangs Over International Students. Commenting on U.S. Immigration and Customs Enforcement (ICE) officials’ activities at Columbia University and Trump administration goals more broadly, he said, “This administration has declared war on immigrants broadly and international students specifically.” He noted that international students “have the same constitutional rights as citizens, but immigration statutes are very broad and there are many grounds for deportability that could trip you up, even as a green card holder.” Among those potential grounds, he said, is donating to an overseas charity that the Department of State deems suspicious or linked to terrorist activity—as it has done with many charities for Palestinian children and families affected by the destruction of Gaza. “It’s easy for someone to unintentionally or unknowingly violate our immigration laws that way and get put into the deportation process,” he said. The article notes that in addition to free speech restrictions and ICE raids, the Trump administration has promised to clamp down on approvals for new student visas, and Congress recently passed the Laken Riley Act, significantly lowering the threshold for visa revocation. Mr. Yale-Loehr said that such policies are beginning to manifest at the border. He said he has heard stories of students with clearly marked visas in their passports being held for further inspection in airports across the country, some of them turned away by ICE and forced to challenge the decision from abroad. “In the past, these students would never have been put into secondary inspection,” he said.

Mr. Yale-Loehr was quoted by National Public Radio in Trump Takes Birthright Citizenship to the Supreme Court. He said the court might be willing to grant a temporary narrowing request, but that “I think that would cause chaos and confusion as to who was included in the court rulings and who is potentially subject to the birthright citizenship ban if the case goes in favor of the Trump administration on the merits…. The Supreme Court may well limit the injunctions partially, maybe not to the extent that the Trump administration wants, but [to the extent] that will allow the Trump administration to claim a political victory.”

Mr. Yale-Loehr was quoted by Salon in “The New Normal”: As Trump Pursues Mass Deportations, Tourists Land in ICE Detention. He noted that a recent spate of tourists being detained is “pretty unusual.” He said that if U.S. Immigration and Customs Enforcement suspects an issue with a tourist’s visa, the agency typically will turn people away if they are attempting to enter through a U.S. border or send them on the next flight back to their home country. “The unusual part of this is that they’ve been detained so long,” he said, noting that U.S. Customs and Border Protection has “been much more vigilant reviewing everyone’s credentials and reasons for coming to the United States” since President Trump took office. “Our immigration detention system is often a black hole where individuals have a hard time contacting lawyers or family friends to be able to help them, and there’s no clear procedures other than bringing a federal court action to try to get them released—or until CBP determines that they need to be deported and then sends them out,” he said.

Mr. Yale-Loehr was quoted by the Chronicle of Higher Education in An ICE Arrest at Columbia U. Stokes Outrage and Raises Legal Questions. He said that Mahmoud Khalil, who was detained following his participation in pro-Palestinian protests, should be allowed to challenge the accusations against him in court. Sending him to a detention center makes it harder for Khalil to communicate with lawyers and fight his case, Mr. Yale-Loehr noted. The case, he said, is likely to create a chilling effect among international students.

Mr. Yale-Loehr was quoted by Time in What to Know About Mahmoud Khalil, and Why His Green Card Was Revoked. He noted that although green card holders have many of the same rights as U.S. citizens, they can still face deportation under certain conditions, typically for criminal behavior or violations of immigration law. Foreign nationals can also lose their visas for endorsing or associating with terrorist groups, but only if the government can provide material evidence, he noted. “The government would need to prove that he’s done something more than just speaking out, like offering material support to Hamas. That would be a ground of deportability. They can’t deport only for free speech advocacy.”

Mr. Yale-Loehr was quoted by Documented NY in Trump Immigrant Registration Plan Is a Scare Tactic, Law Experts Say. He noted that the new registration requirement will be easier for the Trump administration to implement than others because it is related to a rarely enforced existing law. Mr. Yale-Loehr noted that enforcing the registration requirement would most likely necessitate hiring more immigration agents, and he said it is unlikely that charges would be filed against every person who fails to register, which makes the announcement “more of a scare tactic. It’s an all-out war and this is one more tool in their arsenal to wage war on immigrants.”

Mr. Yale-Loehr co-authored Extreme Consistency: How Employers Can Help Prepare for Extreme Vetting, published by Cornell Law School’s Path2Papers project.

Mr. Yale-Loehr was quoted by the Associated Press in Immigration Officials Say Everyone Living in the U.S. Illegally Must Register. What Does That Mean? He said that “even if [the registration requirement] doesn’t actually accomplish much in terms of deporting more people, it sends a signal to the American people that ‘we’re cracking down on immigrants,’ and it will also heighten the fear immigrants already have about what’s going on.”

Mr. Yale-Loehr was quoted by Newsweek in Donald Trump’s Gold Visa Plan Could Run Into Problems. He said, “The current EB-5 green card program requires investors to prove that the source of their investment was lawfully obtained or earned. I assume that the new gold card visa program would have a similar verification requirement to prevent fraud. There are potential political problems with the proposal. Many Americans may oppose allowing ultrawealthy people to essentially buy their way into the United States.”

Mr. Yale-Loehr was quoted by the South China Morning Post in Will Hongkongers Be Next to Leave U.S. Under Trump’s Immigration Crackdown? (subscription required). He said the Deferred Enforced Departure (DED) program explained a drop in deportations of Hongkongers in recent years, but he warned that they could rise again under the current administration. “If President Trump revokes DED, more Hongkongers would be deported,” he said. He also suggested that President Trump could use the DED program as a negotiating tactic in discussions with Beijing.

Mr. Yale-Loehr was quoted by the Chicago Sun-Times in Trump’s Immigration Arrests in Chicago Raise Questions About 4^th Amendment Violations. He noted that if U.S. Immigration and Customs Enforcement (ICE) agents don’t have a warrant, anyone in the U.S. has constitutional protections against search and seizure: “A cop or an ICE agent can’t just call you down on the street and say, well, you look like a foreign national so I’m going to arrest you.”

Mr. Yale-Loehr was quoted by USA Today in Tech visas and trade: ‘Total killer’ Indian leader to meet with Trump regarding President Trump’s meeting with Indian Prime Minister Narendra Modi and Trump’s use of H-1B immigration policy. The article summarizes what Mr. Yale-Loehr said, indicating that while Modi can ask Trump to increase the number of H-1B visas, only Congress has the authority to do that. Mr. Yale-Loehr adds, “More realistically, Modi could ask President Trump not to slow down H-1B processing or issue more requests for additional evidence or denials” but also “[t]here is an internal conflict between some of President Trump’s advisors, like Elon Musk, who like H-1B visas, and others like Steve Bannon who want to restrict H-1B visas.”

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Headlines:

1. LABOR SHORTAGE PROFESSIONS: AN OVERVIEW – This article provides an update on immigration processing for labor shortage professions in several countries.

2. EUROPEAN UNION – The EU has postponed introduction of the Entry/Exit System. Also, all Member States (except for Denmark and Ireland) must transpose a new Single Permit Directive into their national laws by May 2026.

3. ITALY – The 2025 draft budget bill recently presented by the government includes an article that introduces a significant change for anyone seeking recognition of Italian citizenship. A new decree includes new measures for the entry of foreign workers, anti-exploitation efforts, and migration management. There are new quotas for the agricultural sector.

4. SPAIN – New reforms have been introduced in the immigration regulations that are aimed at improving the integration of migrants in Spain.

5. TÜRKIYE – Türkiye has initiated a digital nomad visa program for remote workers to live and work in the country under certain conditions for a temporary period.

6. UNITED KINGDOM – The UK government has extended the deadline after which visa applicants will no longer be issued biometric residence permits. Also, the government has issued clarifications regarding skilled worker salary increases, and there are new efforts to link migration policy with skills and the wider labor market policy, along with more compliance enforcement for sponsors.

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Download: ABIL Global Immigration Update – December 2024

Details:

1. LABOR SHORTAGE PROFESSIONS: AN OVERVIEW

This article provides an update on immigration processing for labor shortage professions in several countries.

Mexico

Labor shortages in Mexico occur across several professions and industries due to various factors like economic growth, demographic shifts, emigration, and skill mismatches.

The problems that companies have in filling their vacancies are linked not to a lack of people available in the market but rather to a lack of professionals with the competencies required by the companies.

Below are some key professions and sectors facing labor shortages in Mexico:

• Manufacturing and Industry: Skilled Technicians and Engineers.
• Construction: Construction Supervisors, Civil Engineers, and Architects.
• Technology and IT: Software Developers and IT Specialists. The technology sector is rapidly growing in Mexico, especially in cities like Guadalajara, dubbed the “Silicon Valley of Mexico.” There is a significant need for experts in programming, cybersecurity, data science, and IT management.
• AI and Robotics Experts: With automation and advanced technologies entering industries, there is a shortage of skilled professionals in these niche fields.

Türkiye

Unlike several other countries, Türkiye does not have a list of labor shortage professions that allow more expedited/streamlined immigration processing. Not only does Türkiye not maintain a list of labor shortage professions but work permit applications for certain professions require the opinion/feedback of other government agencies, which may lead to denials or further evidence requests based on local employment trends.

So, for instance, a work permit application for a foreign engineer or architect in most cases will need the feedback of the Chambers of Engineers and Architects, who will be concerned with Turkish national engineer or architect member unemployment rates. So not only do engineering and most technology professions not have any preference in processing, in some cases (specifically engineers, architects, and urban planners) will have enhanced processing and perhaps even a request for a diploma education equivalency.

Again, although there is no labor shortage list of professions, in October 2024 the Ministry of Labor set forth a few preferential elements for processing those foreigners who engage specifically in the information technology (IT) sector. This is not pursuant to a shortage list or determination, but presumably due to Türkiye wanting to encourage more foreign direct investment in that sector. In the future, company sponsors who can show that they are in the IT sector and are applying for work permits for individuals within that field may be waived from a 5:1 ratio requirement of Turkish national workers to foreigners. They may also be exempt from certain sponsorship financial criteria.

Additionally in October, the Ministry of Labor specified similar waiver benefits of sponsorship criteria (5:1 ratio and financial sufficiency of sponsor) for companies that have been granted a Technopark worksite or a Research and Development (R&D) Center worksite. So technical foreign workers assigned to a certified Technopark or R&D Center worksite may be granted a sponsorship criteria waiver if supported by the Ministry of Industry and Technology.

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2. EUROPEAN UNION

The European Union has postponed introduction of the Entry/Exit System. Also, all Member States (except for Denmark and Ireland) must transpose a new Single Permit Directive into their national laws by May 2026.

The European Union (EU) has postponed the launch of its new biometric entry-check system designed for non-EU citizens, which was initially scheduled to take effect on November 10, 2024. This decision was in response to concerns raised by Germany, France, and the Netherlands, which indicated that their border systems were not adequately prepared for implementation.

In a press statement, EU Home Affairs Commissioner Ylva Johansson emphasized that “November 10 is no longer on the table,” reflecting the seriousness of the situation. She acknowledged the complexities involved in rolling out such a significant system and noted that there is currently no revised timeline for its introduction. However, she mentioned that the possibility of a phased implementation is being explored, which could allow for a more gradual transition as each member state aligns its systems with the requirements of the new entry-check protocol.

What is the Entry/Exit System?

The Entry/Exit System (EES) is a new electronic system for the EU established by Regulation (EU) 2017/2226. The EES will register the entry and exit times and locations of travelers entering the territory of European countries participating in the system. Additionally, it will automatically calculate the duration of each traveler’s authorized stay.

Implementation of the EES aims to enhance border management and security across the EU by providing more accurate tracking of third-country nationals’ movements and durations of stay.

Single Permit Directive

In May 2024, the new Single Permit Directive entered into force and now, all EU Member States (except for Denmark and Ireland) must transpose this Directive into their national laws by May 2026. The Single Permit allows third-country nationals (TCNs) to legally reside and work in the territory of an EU Member State and to enjoy a set of rights similar to those of national workers in all areas related to employment (e.g., working conditions, education and vocational training, social security). Below are highlights:

• The new Single Permit Directive is part of the “skills and talent” package designed to address the shortcomings of the EU toward legal migration. Together with the EU Blue Card Directive, its primary goal is to attract the skills and talents that the EU requires. Not all work permits fall under the category of “Single Permit.”
• Even though the new Single Permit has entered into force, EU Member States still have time (until May 2026) to implement the directive. Meanwhile, the original Single Permit Directive (Directive 2011/98/EU) remains applicable.
• A Single Permit is not linked to one specific employer. This means that the TCN can change employers while continuing to reside legally in an EU Member State. However, in the event of an employer change, the directive allows EU Member States to (1) request prior notification, (2) request checks of the labor market situation, and/or (3) require a minimum period during which the single permit holder must continue to work for the first employer.
• A TCN can submit an application for a Single Permit while residing in a non-EU country or in the pertinent EU Member State (provided that the applicant holds a valid residence permit).
• Unemployment is not grounds for the withdrawal of a Single Permit, provided that: (a) the total duration of unemployment does not exceed three months during the validity period of the single permit, or six months if the TCN has held the single permit for more than two years; and (b) the start and, where applicable, the end of any unemployment period are communicated to the competent authorities of the relevant EU Member State in accordance with applicable national procedures.

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3. ITALY

The 2025 draft budget bill recently presented by the government includes an article that introduces a significant change for anyone seeking recognition of Italian citizenship. A new decree includes new measures for the entry of foreign workers, anti-exploitation efforts, and migration management. There are new quotas for the agricultural sector.

New Draft Article

Under Article 106, a new € 600 charge for each applicant payable to the court will be introduced for legal cases for Italian citizenship recognition in court. This means that those filing a petition for citizenship recognition would have to pay this amount, even though the petition is submitted jointly with others at the same proceeding. This is a substantial increase with respect to the current charges that are cumulative and regardless of the number of claimants.

This provision could have a significant impact, particularly for those seeking recognition as Italian citizens from birth, as it would notably raise the costs of accessing justice in such cases.

Important note: Article 106 is still subject to final approval by the Parliament. If approved, it would come into force on January 1, 2025.

New Decree

On October 11, 2024, Decree Law No. 145/2024 came into effect following its publication in the Official Gazette. The decree introduces urgent provisions regarding the entry of foreign workers into Italy, protection and assistance for victims of labor exploitation, management of migratory flows, and international protection.

This decree, which is expected to be converted into law by December 10, is made of three key parts:

Section I focuses on streamlining and improving the efficiency of entry procedures for foreign workers, introducing important changes to the application procedure.

Section II addresses issues related to unauthorized work and labor exploitation, seeking to enhance protections for those who have been victims of exploitation, including measures to ensure they receive appropriate support and legal assistance.

Section III introduces changes to the rules surrounding sea rescues and the identification of migrants. It also covers the procedures for repatriation or rejection of individuals whose entry into the country does not comply with legal requirements.

This article focuses on Section I of the decree, which introduces important changes in the work-related immigration procedures.

Changes in Immigration for Work

Biometric data required for national visas: As of January 11, 2025, national work visa applicants must submit biometric data, including fingerprints, during the application process. This aligns with the existing biometric requirements for Schengen visa applications.

Simplified visa denial process: The prior obligation to issue a pre-denial notice under Article 10-bis of Law No. 241/1990 has been removed for visa refusals as well as for the refusal and revocation of residence permits determined by the revocation of the entry visa.

Permit conversions no longer subject to the quota system: The so-called Cutro decree (DL 20/2023, converted into Law 50/2023) had abolished the requirement that limited the conversion of residence permits issued for study and training purposes to the availability of a quota established by the flow decree. As a result, these permits can now be converted at any time of the year and without numerical limits. In line with these provisions, the new regulations eliminate the quota limits for the conversion of residence permits issued for seasonal work (Article 24 of Legislative Decree 286/1998 TUI), as well as for European Union (EU) residence permits for long-term residents issued by another EU Member State (Article 9-bis TUI).

Mandatory requirement for the employer to have a “digital domicile” and digitalization of the procedure related to signing and sending the contract of stay: Employers now must provide a certified electronic mail address (PEC) for all official communications regarding visa applications and permits.

Digital signature required for contract of stay and integration agreement: The contract of stay and the integration agreement must now be signed digitally directly between the parties rather than at the Immigration Office (Sportello Unico per l’Immigrazione). Following this, the employer must submit the signed documents to the Immigration Office.

Upon filing the work permit application, the employer must submit (among the other documents required) the “appropriate documentation regarding the accommodation arrangements for the foreign worker (signed with a qualified digital signature)” (it is unclear if only a housing suitability certificate—certificato di idoneità alloggiativa—will be accepted or if the employer can submit a digitally signed statement confirming that a suitable accommodation will be provided on arrival for the worker) and the labor consultants attestation (asseverazione) digitally signed, as well as the digital email address (PEC).

This change abolishes the obligation of the employer and the worker to go to the Immigration Office within eight days of the worker’s entry into Italy for the signing of the contract of stay. Instead, within the eight-day period, both the employer and the worker must sign the contract of stay digitally (through a qualified digital signature, although the worker can also sign the contract in handwritten form). The employer must then promptly send the signed contract to the Immigration Office. The work permit may be revoked if the digitally signed contract of stay is not submitted within eight days, unless the delay is due to force majeure.

The new procedure also applies to the procedures for issuing authorization for seasonal work, for entry for work in specific cases as outlined in Article 27 of the TUI, and for entry and residence for highly qualified workers as described in Article 27-quater of the TUI (intra-company, service agreement, Blue Card).

Employer confirmation before visa issuance required: Employers now must confirm their effective interest regarding the work permit before the visa is issued. Specifically, employers must confirm the work permit application within seven days of being notified that the worker’s visa application has been examined. If the employer fails to provide this confirmation, the authorization request is deemed rejected, and the work permit is revoked.

The new procedure is effective in January. In practice, once the work permit is approved, the Visa Information System that receives the worker’s visa application will send a notification to the Immigration Office before processing it. This, in turn, will transmit a request to the employer via certified email (PEC) for confirmation of their interest in the work permit. If confirmation is not received within seven days, the authorization is revoked.

Work permit applications submitted by an employer that, in the previous three years, has not signed a contract of stay following a previous, similar work permit application will be rejected.

Shortened waiting period for labor market tests: The response time for labor market availability checks has been reduced from 15 days to eight days. If the Employment Center does not respond within eight days regarding the labor market test conducted by the employer, it is possible to proceed with the work permit application, thereby accelerating hiring procedures and reducing waiting times.

Flexibility for seasonal workers: Seasonal workers now can secure new employment within 60 days after their previous contract ends without needing to leave Italy.

The new regulations introduce a time limit of 60 days from the end of the previous employment contract within which a new seasonal job offer can be made, along with the consequent extension and renewal of the work authorization and residence permit.

New set of rules regarding work permits under the quota system: In addition to the above, the decree introduces a set of rules regarding the issuance of work permits under the quota system, as provided for in the Decree of the President of the Council of Ministers dated September 27, 2023 (setting the procedures and quotas for the years 2023-2025). These rules include:

Possibility to pre-fill work permit applications well before the “click day.” Pre-filling of the forms was possible from November 1, 2024, to November 30, 2024 (and, limited to the tourism sector for the click day on October 1, from July 1 to July 31). During this phase, employers were given the opportunity to select the work permit request template and fill in the fields so that the application was ready for submission on the designated click day. Timely submission of applications was crucial, as they were primarily processed in chronological order of arrival.

Authorities are conducting checks on the prefilled applications, on compliance with the National Collective Labor Agreement (CCNL), and on the number of applications submitted, taking into account the attestation (asseverazione) attached to the application.

10,000 quotas for workers assisting the elderly and disabled. The decree provides for the entry of foreign workers, with a maximum limit of 10,000, to be employed in the sector of family and social-healthcare assistance, exclusively for individuals over 80 years of age or persons with disabilities. Applications for this category of workers can be submitted only through employment agencies (APL) or employer associations that have signed the current National Collective Labor Agreement for the domestic sector.

Workers authorized under this procedure will only be allowed to engage in the authorized work activity during the first 12 months, and any change of employer is subject to prior authorization from the relevant Territorial Labor Inspectorate. At the end of the 12 months, in case of an offer of another employment contract, a new work permit must be applied for, within quotas that are expected to be established by subsequent flow decrees.

Maximum number of applications per applicant. For the year 2025, individual employers may submit up to three work permit applications under the established quotas. This limit does not apply to requests made through employer associations or labor consultants.

“Click days” and new quotas for 2025. The entry quotas and click day dates for 2025 have already been established by the relevant Decree (DPCM September 27, 2023). In particular:

• Starting at 9 a.m. on February 5, 2025, applications can be submitted for non-seasonal subordinate workers from countries having cooperation agreements with Italy.
• Starting at 9 a.m. on February 7, 2025, applications can be submitted for other non-seasonal subordinate workers (including those in the family and social-healthcare assistance sector).
• Starting at 9 a.m. on February 12, 2025, applications can be submitted for seasonal workers.

An additional date added.

• Starting at 9 a.m. on October 1, 2025, reserved for the tourism and hospitality sector

The decree also increases the quotas reserved for seasonal workers in 2025, from 93,550 to 110,000.

Measures to prevent irregularities in work permit applications for citizens of high-risk states. Finally, the decree introduces stricter controls for work applications from citizens of countries deemed high-risk (specifically Bangladesh, Pakistan, and Sri Lanka), eliminating the tacit consent procedure and requiring formal checks before issuance of the work permit.

Decreto Flussi: New Quotas for Agricultural Sector

New quotas for the agricultural sector are intended to facilitate the recruitment of seasonal workers, thereby supporting the operational needs of the agricultural industry.

The Ministry of Labor announced the distribution of an additional 5,850 entry quotas as part of the 2024 Decreto Flussi. This aims to address seasonal labor demands in the agricultural sector, responding to requests submitted by employer organizations to the Immigration Office.

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4. SPAIN

New reforms have been introduced in the immigration regulations that are aimed at improving the integration of migrants in Spain.

Today, the Official State Gazette (BOE) has published Royal Decree 1155/2024, dated November 19, 2024, which approves the Regulation of Organic Act 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration. This decree, effective May 20, 2025, introduces new reforms approved by the Council of Ministers aimed at improving the integration of migrants in Spain.

Key changes include:

• Alignment with European legislation: The new regulation is adapted to the current migratory situation and European Union (EU) directives addressing labor market demands and demographic challenges.
• Simplification of procedures: Administrative procedures and timelines have been streamlined, eliminating redundancies and strengthening the rights of migrant workers.

·         Validity of permits and visas:

• All initial permits will be valid for one year, with most renewals granted for a period of four years.
• The job search visa is extended to one year, facilitating the search for employment aligned with professional profiles.
• During the 90-day validity period of the re-entry permit, no restrictions will apply to entries and exits using a single document. Currently, this permit is issued only for a single entry.

• Work authorizations for specific durations: These are regulated as a specialty within initial residence and work permits for employees. Additionally, self- employment is allowed alongside principal employment.
• Residence authorization for family members of Spanish nationals: A new chapter is introduced to regulate temporary residence permits for relatives of Spanish citizens.
• New regularization mechanisms: Five new types of arraigo (“roots” regularization procedure) (e.g., social, labor) are introduced, including a new “second chance” mechanism for regularizing individuals whose permits were not renewed in the past two years.

·         Stay for studies:

• The regulation clarifies the types of studies or training activities eligible for permits and defines the institutions and centers where these activities can take place. A new Registry of Institutions and Higher Education Centers will be created.
• Certain students will retain the right to work up to 30 hours per week.
• The process for granting stay permits to students and their family members has been improved, allowing applications to be submitted while the applicants are already in Spanish territory.

·         Van Der Elst process:

The procedure for residence authorization with an exception to the work authorization requirement will apply to foreign nationals holding a valid work permit in an EU Member State who are transferred to Spain within the framework of a transnational service provision, as defined by Law 45/1999, of November 29, on the posting of workers in the context of transnational service provision.

• Long-term residence: Minor procedural changes have been introduced to align with the Council Directive 2003/109/EC on the status of third-country nationals who are long-term residents. The regulation also partially transposes the Directive (EU) 2021/1883 regarding the calculation of legal residence periods for holders of EU Blue Cards.
• Changes to the status of foreigners in Spain: Major updates have been made, primarily to partially transpose the Directive (EU) 2024/1233 of the European Parliament and Council, dated April 24, 2024, into Spanish law.

According to the government, these new reforms focus on three key pillars: employment, training, and family, as fundamental components for migrant inclusion, with a strong emphasis on human rights. They represent a significant step forward in Spain’s migration policy, offering new opportunities and guarantees for both migrants and businesses.

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5. TÜRKIYE

Türkiye has initiated a digital nomad visa program for remote workers to live and work in the country under certain conditions for a temporary period.

A new Digital Nomad Visa (DNV) category was promoted by the Turkish Ministry of Culture and Tourism as of April 2024. This article outlines the steps to obtain Digital Nomad Status in Türkiye and provides an overview of the eligibility criteria. I

Eligibility

Foreigners who wish to stay in Türkiye while continuing remote work must meet certain conditions. For the certificate, visa, and residence permit stage, applicants must evidence that they:

• Will work remotely in Türkiye for an employer abroad or as an independent contractor (performing no work on behalf of Turkish entities or persons);
• Are between the ages of 21 and 55;
• Are a national of Austria, Belarus, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Romania, Russia, Ukraine, United Kingdom, or the United States;
• Have a diploma evidencing that they are a university graduate;
• Can provide a document evidencing that they work, or will work, in a digital nomad capacity (employment contract with an employer outside Türkiye or a contract that evidences that they are self-employed); and
• Have a monthly income of at least $3,000 or an annual income of at least $36,000.

Steps to Obtain Digital Nomad Status

Applicants will need to log into the Digital Nomad site to apply for a certificate (see steps below). Upon issuance of the certificate, if they are outside Türkiye, they can apply for a DNV at the Turkish consular post where they reside. If they are already present in Türkiye, they can apply for the certificate and, if qualifying, may then file a residence permit application at the Migration Directorate where they reside.

Step 1: Digital Nomad Certificate Application

The applicant must create an account on the Ministry of Culture and Tourism’s online system, upload the required documents, and submit the application. Upon approval of the application, the applicant can log in to the system and download the Barcoded Digital Nomad Certificate.

Step 2: Digital Nomad Visa Application

After obtaining the certificate, the applicant must log their visa application with the Ministry of Foreign Affairs or book an appointment with an intermediary visa agency if applicable. Through the online system, the applicant must book their consular appointment. The applicant will then visit the consulate or agency on the appointment date to file the DNV application. The consulate or agency will inform the applicant of the adjudication time for issuance of the visa.

Step 3: Residence Permit Application

Once the applicant has entered Türkiye with the DNV, depending on the length of planned stay, validity, and duration-of-stay dates issued for the visa, the applicant may need to apply for a residence permit (RP). This will be required in particular if their intended duration of stay is longer than three months.

The applicant must gather the required documents and request an online appointment with the Migration Directorate. The applicant must submit the residence permit application in person and await approval. Processing time may vary between two to five weeks from the filing date.

Step 4: Address Registration

After the residence permit is approved, the applicant must register their address with the relevant Migration Directorate within the legal timeline.

Warnings

• DNV Validity: The duration of stay and validity period are at the discretion of the consular officer. In any case, the duration of stay cannot be longer than three months.

• Visa Processing Time: Generally, applications are adjudicated within two to 20 business days. However, processing times for the DNV may vary as it is a newly introduced visa category.

• Digital Nomad Residence Permit Validity: Although it is not explicitly mentioned, the residence permit is issued with a maximum six months of validity in practice.

• Additional Documents: Additional documents may be required by the consulate or Migration Directorate as guidelines are updated.
• Consulate Familiarity: Given the recent introduction of this visa type, Turkish consulates in some countries are still in the process of implementing this program.
• Migration Directorate Familiarity: The Migration Directorate is still in the process of implementing this category and how it affects residence permit eligibility.

Türkiye now joins the many countries offering visas for digital nomad work.

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6. UNITED KINGDOM

The UK government has extended the deadline after which visa applicants will no longer be issued biometric residence permits (BRPs). Also, the government has issued clarifications regarding skilled worker salary increases, and there are new efforts to link migration policy with skills and the wider labor market policy, along with more compliance enforcement for sponsors.

It has long been the United Kingdom’s (UK) plan that as of January 1, 2025, all visa holders traveling to the UK would not be able to use a biometric residence permit (BRP). However, on December 4, 2024, the Home Office announced a change in approach. The last-minute change was made in the face of concerns about potential travel issues and delay as travelers would not be able to use BRPs and airlines and Border Force officers would have to rely on new checking procedures.

Given the previous plan, nearly all BRPs were given an expiration date of December 31, 2024, even if the visa/permission was actually valid longer. The change means that anyone with a BRP short-dated to December 31, 2024, whose visa remains valid can continue to use their BRP to travel to the UK until March 31, 2025 (and that date is being kept under review).

As a result of the change in approach, practitioners advise telling employees these three things:

• BRP holders should still create a UKVI account by the end of the year. Anyone who has a BRP short-dated to expire on December 31, 2024, must create a UK Visas & Immigration (UKVI) account before the end of the year. This short guide on how to create a UKVI account explains the process. The UKVI account will contain the online record of the person’s digital immigration status, known as an eVisa.
• Create a share code before traveling back to the UK. Even if the BRP holder has created a UKVI account (and so has an eVisa), the Home Office has updated guidance to say that people with an eVisa should get a view-and-prove share code before they travel because “Your carrier [airline] may ask to see it”: The share code will be valid for 90 days. It should be the case that airlines and Border Force officers will be able to see details of the eVisa on their systems. But to avoid any issues and minimize delays, practitioners suggest that eVisa holders create a share code before they return to the UK, at least until March 31, 2025.
• Carry a valid BRP when traveling. Even where a BRP holder has created a UKVI account (and so has an eVisa) and has generated a share code, if they still have their BRP short-dated to December 31, 2024, and their visa is still valid, practitioners suggest they carry it when traveling back to the UK until at least March 31, 2025.

Skilled Worker Salary Increases

For any Skilled Worker application in the UK, it is necessary to pay the higher of the applicable general salary threshold (which can be as high as £38,700 for new applicants) and the going rate for the role.

The going rates were updated in the Immigration Rules as of April 4, 2024. There was confusion when some of the going rates in a July 2024 update to the Home Office going rate guidance showed some lower rates than were in the rules. On October 8, 2024, the Immigration Rules were updated again and in some instances the going rates went up (e.g., for occupation codes 3531 Brokers, 1258 Directors in Consultancy Services, and 2494 Advertising Accounts Managers and Creative Directors).

Skilled-Worker and Sponsor Government Policy Updates

A recent Home Office press release indicated examination of some immigration policies with a view to reducing net migration. For example:

• Researching the link between skills available in the UK and the need to recruit from overseas. The Migration Advisory Committee has been asked to review the information technology and engineering sectors. Reviews of other sectors will follow. The government plans to “link migration policy with skills and wider labour market policy, so that international recruitment is no longer the default choice for employers filling skills shortages.”

• More compliance enforcement for sponsors. The press release notes that work is underway to “clamp down on existing sponsor licence holders and to stop visa abuse, such as the ramping up of investigation visits by [UKVI], and suspending and revoking licenses where employers abuse the immigration system and exploit migrant workers.”

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New Publications and Items of Interest

Alliance of Business Immigration Lawyers:

• ABIL is available on X (formerly Twitter): @ABILImmigration
• Recent ABIL member blogs are at http://www.abilblog.com/

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ABIL Member / Firm News

Adam Cohen, of Siskind Susser PC, and Ira Kurzban, of Kurzban Kurzban Tetzeli & Pratt, were quoted by the Washington Post in Elon Musk, Enemy of ‘Open Borders,’ Launched His Career Working Illegally [available by subscription]. Mr. Cohen said that Mr. Musk could have obtained work authorization as a student, but that would have required him to be engaged in a full course of study. Otherwise, “that would have been a violation,” he said. If he didn’t go to school, “he wasn’t maintaining his status.” Mr. Kurzban said the Musk brothers’ subsequent applications for work visas and to become U.S. permanent residents and naturalized citizens would have asked whether they worked in the United States without authorization. “If you tell them you worked illegally in the U.S., it’s highly unlikely you’d get approved,” he said. Mr. Kurzban also commented on an incident where Mr. Musk’s brother, Kimbal, entered the United States to attend a crucial work meeting under false pretenses. “That’s fraud on entry. That would make him inadmissible and permanently barred from the United States” unless the penalties were waived, Mr. Kurzban noted.

Mr. Cohen was quoted by the Washington Post in Elon Musk Claims Student Visa Permitted Him to Work in U.S. [available by subscription]. He said, “There are work options during studies, while engaged in a full course of study, and also after the completion of studies. But dropping out of school does not allow for work authorization. So there is a quite a gap there.”

Klasko Immigration Law Partners, LLP, has published several new client alerts: Department of State Removes 35 Countries From J-1 Exchange Visitor Skills List and Election 2024: Immigration Implications for Employers, Employees, and Investors.

Charles Kuck was interviewed on “Politically Georgia” (scroll down to the playlist and select “The Future of the Anti-Trump Movement and Trump’s Immigration Promises). Mr. Kuck discussed President-elect Trump’s border, immigration, and deportation plans.

Mr. Kuck and Cyrus Mehta were quoted by the Times of India in U.S. Supreme Court Upholds Discretionary Revocation of Visa Plans. Mr. Kuck said, “The issue really is the ability of agencies to operate without court oversight. This is a very dangerous situation for immigrants and gives immense power to the executive branch to revoke legitimate applications for ‘good and sufficient cause’ without any review. Bad actors, like President Trump, can use this to disadvantage legal immigrants.” Mr. Mehta said, “This [Supreme Court] decision affirmed that federal courts have no jurisdiction in reviewing the revocation of n immigrant visa petition. Section 205 of the Immigration and Nationality Act authorizes the Secretary of Homeland Security to revoke the approval of an immigrant visa petition for good and sufficient cause. Once the [Department of Homeland Security] revokes the petition, a court cannot review the revocation as it is a discretionary action. Under INA 242(a)(2)(B), federal courts have been stripped of jurisdiction to review discretionary relief or actions. Revocation of a visa petition is a discretionary decision, according to Bouarfa v. Mayorkas, which is thus unreviewable by a federal court.”

Mr. Kuck and Greg Siskind, of Siskind Susser PC, were quoted by CNN in Elon Musk Is Sharing Some Details About His Immigration Path. Experts Say They Still Have Questions. Mr. Kuck said that Musk stating that he had a J-1 visa made it clear that he worked illegally, given the restrictions that would have allowed work only in connection with his academic program. “So clearly, he’s admitting now that in fact, he did work illegally and violate his status. The only question is at that point, what did he do to fix his status violation?” Working illegally isn’t a crime, Mr. Kuck said, but having done so would require steps to be taken to return to legal immigration status. Key unanswered questions, he said, are what steps Musk took to get his H-1B visa and when that occurred. “Student visas are some of the most complicated visas out there, and work related to them is also extraordinarily complicated. And to dismiss it in a two-line tweet, ‘Well I had a J-1 and it went to H-1B,’ yeah, trust me, there’s always a lot more to it than that,” he said. Mr. Siskind said, “Musk would have needed to be engaged in a full course of study (at least 12 academic hours a semester) in order to qualify for work while being a J-1 student.” He added, “For me, it’s the hypocrisy. He’s been fixated on illegal immigration in the last year. And you know, he should be empathetic to the people who are struggling with the immigration system.”

Mr. Kuck was quoted by the Atlanta Journal-Constitution in Democrats Turn to Former Presidents for Campaign Boost in Georgia (available by subscription). The article discusses a proposed Georgia law to make it harder for undocumented people to buy guns using government-issued IDs. Immigrants without legal status cannot use such IDs to buy guns, Mr. Kuck said.

Cyrus Mehta and Kaitlyn Box co-authored several new blog posts: Ethical Obligations of the Attorney to Safeguard Information About a Client’s Whereabouts With a Removal Order Under Trump 2.0; Biden’s Last and Best Gift to Legal Immigrants: Advancing the Filing Dates in the 2025 January Visa Bulletin to Current; Saving America by Defending Clients Against Trump’s Immigration Policies; State Department’s Interpretation of Matter of Arrabally and Yerrabelly at Odds with BIA’s.

Mr. Mehta and Jessica Paszko have co-authored a new blog post: As “Brain Gain” Replaces “Brain Drain” State Department Removes Many Countries Including China and India From the Two-Year Home Country Requirement.

Mr. Mehta authored a new blog post: USCIS’ Change in CSPA Policy Can Help Aged Out Children Who Missed Out During the October 2020 Visa Bulletin EB-3 Advance for India.

Mr. Mehta was quoted by Bloomberg Law in Parole Program for U.S. Citizens’ Spouses Found Unlawful. Even if an appeal of a federal judge’s decision to strike down the Biden administration’s “parole in place” program for undocumented spouses of U.S. citizens were filed, it would likely be quickly withdrawn by the new administration, he said: “It puts the final nail in the coffin with regards to parole-in-place.”

Mr. Mehta and Stephen Yale-Loehr were quoted by the Times of India in Indian IT Companies Brace for Tighter Visa Guidelines. Mr. Mehta said he could see the Trump administration tightening legal immigration even though their focus so far has been on people coming through the border. “Indian IT firms will be impacted, and we already got a taste of that during the last Trump administration,” he said. Mr. Mehta noted that the Trump administration could issue regulations requiring higher wages for H-1B workers that may be well above market wages and could impose even higher filing fees. “The administration can also insist on specific contracts between the IT firm and the client when H-1B workers are placed at client sites, and if they approve the H-1B petition, can limit the validity period [until] the end date of the contract or work order with the third-party client.” Mr. Yale-Loehr said that both legal and undocumented immigrants could be hurt by a second Trump administration. “During his first term in office, Donald Trump hurt H-1B workers by restricting who could qualify, slowing down processing times, and issuing more denials. He is likely to do that in his second administration.” He also noted that a second Trump administration may try to make it harder for international students to work temporarily in the United States after they graduate. “Moreover, because there are more conservative judges now than before, litigation to stop such efforts may be less likely to succeed,” he said.

Mr. Mehta and Greg Siskind, of Siskind Susser PC, were quoted by the Times of India in Citizenship by Birth to be Curtailed by Incoming U.S. President Trump, Will Impact 1 Million Indians in Green Card Queue. Mr. Mehta said, “If a child whose parents are in H-1B status is not issued a U.S. birth certificate, they can seek review in federal court and should win. The Trump administration is capable of taking the case to the Supreme Court to test their theory, but even if the Supreme Court has Trump-appointed justices, it does not mean that they will abide by the policies of the Trump administration if they are in direct contradiction to the U.S. Constitution.” Mr. Siskind said, “This will certainly be litigated as it violates the 14^th Amendment. We will have to see if they go so far as to exclude children of people legally in the U.S.”

Mr. Mehta, Mr. Kuck, and Mr. Cohen were quoted by the Times of India in The Writing on the Wall is Clear: Tighter H-1B Norms on Anvil, Perhaps With Wage-Hikes and Stiffer Vetting of Applications. Mr. Cohen said, “If a wage hike is announced for H-1B workers and allotment is linked to the highest wages, it would badly impact international students. F-1 students typically transition to an H-1B and earn the lowest range of salary in the initial years of their career.” Mr. Kuck said, “Prepare for major H-1B changes: a lottery based on wages, higher filing fees, and stricter enforcement against job shops. Expect higher denial rates, longer processing times, no immigration reform, no increase in green card allotments, no changes to the 7% per-country limit, and possibly reduced legal immigration.” Mr. Mehta said that the Trump administration “could make it more difficult for employers to renew H-1B visas by requiring artificially high wages and making it harder to prove that the job qualifies as a specialty occupation for H-1B classification.”

Mr. Mehta was chair of the American Immigration Lawyers Association’s (AILA) National Ethics Committee when AILA released its first ethics compendium in 2012. The book was updated and re-released in book format in 2024 when Mr. Mehta was again chair of the National Ethics Committee. AILA Ethics Compendium: Modern Legal Ethics for Immigration Lawyers is designed to assist both experienced and novice immigration lawyers in navigating the complex ethical issues that arise in their practice. It is the result of a decade-long project brought to fruition by the dedicated efforts of the committee. It provides an in-depth analysis of the ABA Model Rules of Professional Conduct from the perspective of immigration lawyers. The compendium includes real-world hypotheticals, annotations, and commentary on each rule.

Mr. Mehta was quoted by Bloomberg Law in Judge’s Past Red-State Advocacy Shadows Big Immigration Case. Mr. Mehta noted that U.S. District Judge Campbell Barker’s order raised questions about whether someone could be paroled “into” the United States if they were already present in the country and whether the Department of Homeland Security incorrectly focused on public benefits stemming from the larger parole program, rather than individual grants. That logic would undermine the legal basis of a separate program granting parole for military spouses, which has been used since 2013, Mr. Mehta said. “I don’t think it’s a foregone conclusion that this judge will rule in Texas’ favor, but it’s foreboding at this point in time,” he said.

Cyrus D. Mehta & Partners PLLC announced its acquisition of Claudia Slovinsky and Associates, PLLC, significantly expanding and deepening its immigration law practice. Both law firms are renowned for providing exceptional legal representation in a wide range of immigration matters. They have developed mutual expertise in addressing the needs of both corporations and individuals. Both firms are deeply committed to delivering the highest quality legal services to immigrants, their families, and employers. As part of this transition, Cyrus D. Mehta & Partners is pleased to welcome Dominic Kong, a highly skilled and experienced immigration attorney with deep expertise in employment-based immigrant and nonimmigrant visa petitions. The firm also welcomes Reynaldo Pabon, who comes with law firm management experience and is joining as a management analyst to enhance workflow and technology. An article in Law360, NY Immigration Boutique Buys Retiring Pro’s Firm, available by registering, reported on the acquisition and quoted Ms. Slovinsky, the retiring lawyer who sold the practice to Cyrus D. Mehta & Partners PLLC.

Mr. Yale-Loehr was quoted by several news outlets, including the Associated Press, in DACA Recipients Worry Their Protection From Deportation Won’t Last Another Trump Term. He said the most likely scenario is that a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit will affirm that the Deferred Action for Childhood Arrivals (DACA) program is illegal and that the case will then go to the Supreme Court. He does not anticipate President-elect Trump immediately trying to end DACA when he takes office but did not rule out the possibility. “I don’t know that they could actually terminate the program any faster than the current ligation is going. They could still do it, but they’ve got an awful lot of immigration policy matters on their plate.” Mr. Yale-Loehr said that the Biden administration is limited in how it could help DACA recipients at this stage, but it could enable recipients to renew their permits early and process them as quickly as possible.

Mr. Yale-Loehr was quoted by Salon.com in Experts Pour Cold Water on Trump’s Plan to End Birthright Citizenship—But Issue a Stark Warning. He said that ending birthright citizenship could affect U.S.-born children’s parents and other relatives, such as by potentially preventing officials from issuing passports and Social Security numbers or from providing welfare benefits to family members of those children. However, Mr. Yale-Loehr noted that Trump has no viable legal pathway to repealing birthright citizenship because an executive order cannot repeal an amendment to the U.S. Constitution and any executive action he takes attempting to do so would “trigger immediate litigation.”

Mr. Yale-Loehr moderated a webinar, Immigration Reform in 2025: What is Possible?, on November 20, 2024. Mr. Yale-Loehr and a panel of experts from the Cornell Law School immigration law and policy research program discussed what immigration laws and policies might change, both in the lame-duck session after the election and in 2025.

Mr. Yale-Loehr spoke on a recent webinar, “Preparing for Change: How the New Administration Could Impact DACA Recipients.” The webinar focused on preparing Deferred Action for Childhood Arrivals (DACA) recipients for the potential impact of the new administration, with discussions on available immigration remedies, support and resources, and potential changes to employment-based options. The speakers also addressed the ongoing legal challenges to the DACA program, the importance of renewing DACA status, and the exploration of legal options for undocumented noncitizens. The conversation ended with a discussion on resources available for general educational purposes and the importance of self-care and community support. The webinar recording and slides are now available.

Mr. Yale-Loehr was quoted by the Canadian Broadcasting Corporation in Trump Wants to Use a 226-Year-Old Law to Deport Millions of Undocumented Migrants. Can He Do It? He said, “If Trump were to try to use the normal procedures, it would [be to] round up a lot of people and put them into immigration court proceedings. But it would be a long time before they could actually be deported.” During those proceedings, an immigration judge would decide whether those individuals were deportable or entitled to some type of relief from deportation, such as asylum, he said. Due to backlogs, “[m]any cases are being scheduled for four or five years from now,” Mr. Yale-Loehr noted, adding that if the future President Trump follows current deportation procedures, he would need money to hire more judges and immigration agents, and build more detention centers.

Mr. Yale-Loehr was quoted by the South China Morning Post in Trump Names Architects of His Promised Mass Deportation Policy. Citing the due process clause of the U.S. Constitution, he said that “people have a right to a hearing before they can be deported. If they have applied for asylum, that means they’re in immigration court and they cannot be summarily deported without finding out whether their asylum claim is valid.” Mr. Yale-Loehr said that the Trump administration “will have to ask Congress for more money to hire more ICE agents, to create more detention camps, to pay for planes, etc., so you’re not going to see a lot of mass deportations on Day One.” He also noted that immigration courts are facing massive backlogs: “We already have 3.7 million cases in immigration court.”

Mr. Yale-Loehr was quoted by Newsweek in Democratic Governor Pledges Deportation Rebellion. He said that “so-called sanctuary policies” mean police “will not cooperate with federal immigration officials to turn over immigrants accused of crimes.” “Such cities and states may use those policies to prevent mass arrests,” he said. The first Trump administration “threatened to deprive so-called sanctuary jurisdictions of federal funding if they failed to cooperate with immigration agents. States and cities fought back, tying up the Trump administration’s efforts in litigation. With more conservative judges now, it is unclear whether such lawsuits will succeed again.”

Mr. Yale-Loehr was quoted by the Chronicle of Higher Education in What Trump’s Threats of Mass Deportation Could Mean for Higher Ed (registration required). He said that although it is important to take Trump’s stances seriously, “there’s a big difference between rhetoric and due process.” According to Mr. Yale-Loehr, there is a current backlog of 3.6 million deportation cases in the immigration courts. “Trump just can’t round up students and put them on a plane.” He said that college legal clinics could be a resource for concerned students. The article notes that a project run by Cornell University has counseled nearly 700 Deferred Action for Childhood Arrivals recipients, 60 percent of whom were identified as having a path to a skilled-work visa or other status.

Mr. Yale-Loehr was quoted by Digital Journal in Trump Mass Deportation Pledge Faces Legal, Economic Barriers. He said, “Rhetoric is one thing. Actual implementation is something else. The Constitution provides due process for everyone in the country, not just U.S. citizens, so Trump cannot just round up people and send them out of the country the next day. There already is a backlog of over 3.6 million cases in our immigration courts.”

Mr. Yale-Loehr was quoted by The Appeal in Stopping Trump’s Anti-Immigrant Agenda Will Be Harder This Time. “What scares me about another Trump term on immigration? Everything,” he said. “We saw how much Trump hurt immigrants in his first administration: the Muslim travel ban, family separations, increased delays in processing routine cases. He will hurt immigrants even more if he’s reelected, with devastating impacts on the U.S. economy, workers, and families.”

Mr. Yale-Loehr and several others co-authored Why U.S. Immigration Officials Should Allow ‘Digital Nomad’ Admissions, published by the Cato Institute.

Mr. Yale-Loehr co-authored After Nearly a Decade, the Federal Program for Immigrant Entrepreneurs Is Finally Working, published by Technical.ly.

Mr. Yale-Loehr received an award from Cornell University for teaching and mentoring. He received the Provost Award for Teaching Excellence in Graduate and Professional Degree Programs for his work as a professor of immigration law practice and strategic director of the Path2Papers project in Cornell Law School. He has also created multiple law clinics to help people seeking asylum in the United States. Cornell noted that he “has taught immigration and asylum law to more than 500 students over more than 30 years.”

Mr. Yale-Loehr was interviewed on the Sophie Alcorn Podcast, 198: Immigration Frontlines: Teaching, Testifying, and Transforming With Stephen Yale-Loehr.

Mr. Yale-Loehr was quoted by Indian Express in The Long History of Immigration in the US—Part 2. He said that 1996 legislation has done little to address undocumented immigration. Due to the lack of temporary visas and the backlog in immigration courts, he said, “people are willing to take the chance of remaining in the U.S. illegally, rationalizing that if they do get caught, they would at least be able to send 5-6 years’ worth of wages back home.” Mr. Yale-Loehr said that the difficulty is between balancing humanitarian considerations with a mass justice system. Compounding the problem is that immigration law has not been amended in 34 years even though the needs of the United States have changed. He added that while the labor coalition of the Republican Party acknowledges the need for cheap workers, they struggle to “square that reality against those who are opposed to foreign migration.”

Mr. Yale-Loehr was quoted by the Gothamist in White House Move Spells Doom for Migrant Program That’s Aided Untold Numbers in NY. Commenting on the Biden administration’s decision not to extend parole for certain people from Cuba, Haiti, Nicaragua, and Venezuela, Mr. Yale-Loehr noted that the program was established in part “to try to relieve some pressure on the U.S.-Mexico border.” He explained, “So the people would be coming legally if they could have a financial sponsor in the United States, rather than illegally and tak[ing] their chances, risking that dangerous journey. But it is temporary and it has worked to reduce the number of illegal entries at the border.” He noted that factors affecting the decision not to extend parole might include reports that the Venezuelan economy is improving.

Mr. Yale-Loehr co-authored a blog, Think Immigration: How the New D3 Waiver Guidance Is Unlocking Opportunities for Dreamers in the Workforce.

Mr. Yale-Loehr was quoted by PolitiFact in Immigration Experts Say JD Vance is Wrong. Haitians Under Temporary Programs Are in the U.S. Legally. Mr. Yale-Loehr noted that if temporary protected status were revoked, deportation would not be immediate. “They would all have a right to a removal hearing before an immigration judge to determine whether they have some right to remain here, such as asylum,” he said.

Mr. Yale-Loehr was quoted by Newsweek in Trump Team Eyes Using State And Local Police For Immigration Enforcement. He noted that a potentially applicable 1996 immigration law was not intended to allow local law enforcement to round up anyone suspected of living in the United States without authorization. “It’s not geared for local cops to go into a factory and see if they can find some undocumented immigrants to pick up,” he said.

Mr. Yale-Loehr was quoted by the Boston Globe in College Campuses Scramble to Protect Foreign and Undocumented Students Under Trump (subscription required). Most colleges are working “more behind the scenes than in 2017 because they fear that the new administration may put a target on their backs if they do so publicly,” he said.

Mr. Yale-Loehr and Mr. Siskind were quoted by the Washington Post in Under Trump Immigration Policies, Elon Musk Might Have Faced a ‘Bad Situation’ [available by subscription]. The article says that Mr. Musk worked illegally in the United States for a time, obtaining a J-1 visa but launching a start-up instead of attending classes. According to the article, Mr. Yale-Loehr noted that in Musk’s time, enforcement of rules against foreign students failing to enroll in classes or otherwise violating their terms of admission was spotty. Schools would have notified the government by mail or fax and information may have fallen through the cracks, he said. Mr. Yale-Loehr also noted that a 1996 law included penalties for those who had been in the United States unlawfully, including a requirement to leave the United States for three or 10 years before coming back, depending on how long they had been here. Mr. Siskind noted that the Trump administration tried to ratchet up those requirements even further, but was blocked by a federal court, and may try again to introduce further restrictions if they get the chance, adding, “They’ll learn something from that time.”

Mr. Yale-Loehr and Mr. Siskind were quoted by Wired in Elon Musk Could Have U.S. Citizenship Revoked If He Lied on Immigration Forms. Mr. Yale-Loehr said that if Musk worked in the United States without authorization but attested that he hadn’t done so, it’s not clear whether that would be considered important enough to denaturalize him. However, he said, “on purely legal grounds, this would justify revoking citizenship, because if he had told the truth, he would not have been eligible for an H-1B [visa], a green card, or naturalization.” The article also notes that applications for a green card include questions about whether the applicant has ever worked in the United States without authorization, violated the terms or conditions of their nonimmigrant status, or given the government false, fraudulent, or misleading information. Having done so is grounds for deportability. “Those grounds of deportability have been around for decades, and the forms back then probably had similar or identical questions,” Mr. Yale-Loehr said. Mr. Siskind didn’t disagree that the law could expose someone who lied about working without authorization to loss of citizenship, but said that as a practical matter, it may not amount to a material fact. “If he had disclosed it, would that have prevented him from getting later immigration benefits? The answer to that is probably no.” He said he nonetheless believes that there are serious questions here about the nature of the professional relationship between the Musk brothers, among other things.

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