On Jan. 23, a Washington state federal district court judge issued a nationwide temporary restraining order (TRO) against President Trump’s Executive Order (EO) limiting birthright citizenship.

Key Points:

  • Judge John C. Coughenour of the U.S. District Court Western District of Washington at Seattle issued a nationwide 14-day TRO against President Trump’s “Protecting the Meaning and Value of American Citizenship” EO signed on Jan. 20, which sought to change the existing criteria for birthright citizenship established by the 14th Amendment of the U.S. Constitution.
  • The plaintiff states challenging the EO in the federal district court include Washington, Arizona, Illinois and Oregon.
  • The judge found that “there is a strong likelihood that Plaintiffs will succeed on the merits of their claims that the Executive Order violates the Fourteenth Amendment and Immigration and Nationality Act,” and that “the balance of equities tips toward the Plaintiff States and the public interest strongly weighs in favor of entering temporary relief.”
  • The TRO does not stop the EO from going into effect as scheduled, but the judge will now consider arguments for a preliminary injunction.

Additional Information: The case is one of multiple lawsuits filed by Democratic attorneys general and immigrant rights organizations challenging the order.

The “Protecting the Meaning and Value of American Citizenship” EO directs agencies not to recognize birthright citizenship for a child born in the U.S. if the father is not a citizen or green card holder and the mother is either in the U.S. unlawfully or in the U.S. lawfully but temporarily. The EO applies to births 30 days after publication.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Citizenship and Immigration Services announced that effective Jan. 22, it will waive the requirement to present documentation of COVID-19 vaccination(s) for certain adjustment of status (AOS) applicants.

Key Points:

  • USCIS is waiving any and all requirements that applicants for AOS to that of a lawful permanent resident present documentation that they received the COVID-19 vaccination on their Form I-693, Report of Immigration Medical Examination and Vaccination Record.
  • USCIS will not issue any Request for Evidence or Notice of Intent to Deny related to proving a COVID-19 vaccination.
  • USCIS will not deny any AOS application based on the applicant’s failure to present documentation that they received the COVID-19 vaccination.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

On Jan. 20, the president issued the “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats” Executive Order (EO) that gives federal agencies a 60-day period to identify countries that may warrant restrictions affecting the ability of foreign nationals to travel to the United States. It did not announce specific travel restrictions.

Key Points:

  • The EO requires that the agencies “re-establish a uniform baseline for screening and vetting standards and procedures, consistent with the uniform baseline that existed on January 19, 2021, that will be used for any alien seeking a visa or immigration benefit of any kind” and vet and screen individuals “to the maximum degree possible.”
  • Over the next 60 days, the agencies must “determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA [Immigration and Nationality Act] for one of its nationals, and to ascertain whether the individual seeking the benefit is who the individual claims to be and that the individual is not a security or public-safety threat.”
  • The EO also requires a report to be submitted to the president “identifying countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries pursuant to section 212(f) of the INA (8 U.S.C. 1182(f)).”
  • As of Jan. 21, the government has not announced specific planned changes or travel restrictions, so there are no public details regarding the possible timing or scope of potential future bans, nor whether any exemptions or waivers will be available.

Additional Information: The president has the authority to restrict the entry of foreign nationals or classes of foreign nationals into the United States and may impose additional restrictions deemed appropriate. Previous travel restrictions have been announced without prior warning and affected foreign nationals from specific countries, in certain nonimmigrant visa categories and those with connections to certain foreign institutions or organizations. Restrictions have also included heightened scrutiny and enhanced vetting of visa applicants.

U.S. immigration policies may change quickly and without prior notice. Foreign nationals are reminded to speak with their BAL team prior to international travel and to be aware of general travel requirements, including maintaining a valid visa in their passport. Foreign nationals may face delays in obtaining a visa appointment at a U.S. consulate or embassy or receiving their visa and should plan accordingly. They may also face further delays with U.S. Customs and Border Protection (CBP) during re-entry into the U.S. after travel.

BAL will continue to provide updates as additional information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

On Jan. 20, President Trump signed multiple Executive Orders (EOs) that are focused on immigration. Within those EOs are over 50 directives to government agencies.

Key Points:

  • Following are takeaways from President Trump’s EOs:
    • Travel Bans: Trump did not impose any immediate travel bans but did set up a 60-day review process to identify countries that may warrant a later travel ban. Government agencies were directed to implement enhanced vetting and screening, which will likely lead to delays at consular posts and with U.S. Citizenship and Immigration Services applications.
    • Birthright Citizenship: The “Protecting the Meaning and Value of American Citizenship” EO directs agencies not to recognize birthright citizenship for a child born in the U.S. if the father is not a citizen or green card holder and the mother is either in the U.S. unlawfully or in the U.S. lawfully but temporarily. The EO applies to births 30 days after publication. Litigation challenging this policy has already been filed in court.
    • Nationality-Based Parole Programs: The “Securing Our Borders” EO directs agencies to terminate categorical parole programs. The EO only explicitly referenced the programs granting parole to qualifying nationals of Cuba, Haiti, Nicaragua and Venezuela, but other similar programs for nationals of Ukraine and Afghanistan will also be terminated. At this time, the language does not specify any effect to current parole or work authorization for individuals already in the U.S.
    • Border and Interior Enforcement: The “Securing Our Borders” EO also declared a national emergency, which allows the Department of Defense to support border construction and deploy personnel and funds in support of the Department of Homeland Security. The EO also required DHS to cease use of the CBP One app and terminate all categorical parole programs. Shortly after President Trump was sworn in, and before the EO was published, Customs and Border Protection (CBP) removed the scheduling function from its CBP One app.
    • Temporary Protected Status: The “Protecting American People Against Invasion” EO directs the agencies to review the country determinations.
    • Refugee Program: The “Realigning the United States Refugee Admissions Program” (USRAP) EO immediately suspended USRAP and subjects the program to a 90-day review. If it resumes, states and localities may have a say in whether refugees are resettled in their geographies.
  • Other EOs and memorandum impact other aspects of U.S. immigration, with a focus on border security and enforcement. The president also targeted federal government hiring practices and workforce, which could impact U.S. immigration processing in the months and years to come.
  • President Trump also rescinded a number of prior EOs, including President Biden’s EOs on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” and “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.”

Additional Information: There was no direct reference to the Deferred Action for Childhood Arrivals (DACA) program. Immigration policies and practices are subject to change, especially at the start of a new presidential administration. Employers are encouraged to work with their BAL team to determine the impact of policy changes on their program. BAL is monitoring policy developments and will continue to provide updates as more information is released.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Fifth U.S. Circuit Court of Appeals ruled in Texas vs. USA on Jan. 17 that the Deferred Action for Childhood Arrivals (DACA) Final Rule is “substantively unlawful,” but will maintain status quo with DACA’s policy of forbearance and limit its injunction to Texas only.

Key Points:

  • This is the latest chapter in the long-running litigation challenging the Final Rule by the Department of Homeland Security (DHS) on DACA published Aug. 30, 2022.
  • The Fifth Circuit largely agreed with the concluding Final Rule, like the DACA Memorandum it replaced, was both “substantively unlawful” (see also “Additional Information” below) and in violation of the Immigration and Nationality Act.
  • The Fifth Circuit affirmed its judgement with the following significant changes to the district court’s remedial order:
    • The Final Rule includes a severability clause stating that if any provision of the Rule is held “invalid and unenforceable in all circumstances,” then that “provision shall be severable from the remainder of this subpart and shall not affect the remainder thereof.” The Fifth Circuit found that because DHS intended the dual aspects of DACA to be severable and to function independently from one another, the district court erred by not severing the forbearance from removal provisions from the work-authorization provisions. The Fifth Circuit’s ruling therefore limited the District Court’s vacatur order to the work authorization provision, leaving the protection from removal provision intact.
    • The Fifth Circuit also limited the scope of the injunction to Texas because Texas was the only plaintiff that demonstrated an actual injury and that injury — costs related to providing health, education and social services to DACA recipients — was fully redressable by a geographically limited injunction.
  • The Fifth Circuit preserved the stay regarding DACA’s policy of forbearance (which protects DACA recipients enrolled prior to the district court’s July 2021 order) because “DACA has had profound significance to recipients and many others in the [now-twelve] years since its adoption … Given the uncertainty of final disposition and the inevitable disruption that would arise from a lack of continuity and stability.”

Additional Information: DACA specifically offers removal protections and work permit eligibility to immigrants who arrived in the country without authorization as children and were 30 or younger when it was launched in 2012. In 2021, a district court held that Texas has standing to challenge DACA and that DACA is procedurally and substantively unlawful. The court halted the program and enjoined the government from approving any new DACA applications but stayed the effective date of its vacatur to all DACA recipients who had received their initial DACA status before the date of the order. In 2022, the Fifth Circuit appellate court affirmed in part and remanded because DHS had cured DACA’s procedural defect by promulgating a Final Rule.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Customs and Border Protection (CBP) announced today that Australia is now an official Global Entry partner country, making Australia one of 19 partner countries whose citizens can apply for Global Entry membership.

Key Points:

  • Australian Global Entry applicants undergo rigorous and recurring vetting by both the U.S. and Australian authorities, including an in-person interview before initial enrollment.
  • Australia is processing Global Entry applications in a two-phased approach, with a limited number of applications for phase one. Applications for phase one are now open. Phase two will allow all Australian citizens to apply for Global Entry. An Australian Department of Home Affairs Global Entry program webpage has more information on the program.
  • To maintain low-risk traveler status, Global Entry members must not violate any of the program’s terms and conditions. Violations will result in enforcement action and termination of the traveler’s membership privileges.

Additional Information: Global Entry is one of CBP’s four Trusted Traveler Programs. The program also provides access to TSA PreCheck for eligible members, offering quicker security screening for domestic travelers at participating U.S. airports.

Additional Global Entry partner countries include Argentina, Bahrain, Brazil, Colombia, Croatia, the Dominican Republic, Germany, India, Japan, Mexico, the Netherlands, Panama, the Republic of Korea, Singapore, Switzerland, Taiwan, the United Arab Emirates and the United Kingdom.

Global Entry partnerships enhance security and promote bilateral trade, tourism and cultural exchange by allowing pre-vetted, low-risk Australian citizens expedited customs and immigration processing upon arrival to the U.S.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

In this week’s episode, Gabe Mozes and Jeff Robins introduce BAL’s newest office in Atlanta and litigation service group while diving into their deep experience in immigration.

Explore more episodes of the BAL Immigration Report podcast, available on Apple, Spotify and the BAL immigration news page.

This podcast has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Citizenship and Immigration Services updated policy guidance to clarify how it evaluates eligibility for the second preference employment-based (EB-2) classification for immigrant petitions filed with a request for a national interest waiver (NIW).

Key Points:

  • The new policy guidance addresses:
    • How USCIS considers whether the occupation in which an advanced degree professional proposes to advance an endeavor is a profession
    • How USCIS considers whether the five years of post-bachelor’s experience is in the specialty in which the petitioner is seeking an NIW
    • How exceptional ability must relate to the endeavor proposed as part of the NIW request and is determined on a case-by-case basis
    • How USCIS evaluates whether a proposed endeavor has national importance
    • How USCIS evaluates evidence, such as letters of support and business plans, when determining whether a person is well positioned to advance an endeavor
  • The new policy guidance builds on a previous policy manual update that covered the unique considerations for persons with advanced degrees in science, technology, engineering and math fields, as well as entrepreneurs.
  • This guidance is effective immediately and applies to requests pending or filed on or after the publication date of Jan. 15, 2025.

Additional Information: While an EB-2 petition is typically filed by an employer after obtaining a labor certification from the Department of Labor, USCIS can waive this requirement if it is in the interest of the United States. Petitioners seeking an NIW must first demonstrate that they qualify for the underlying EB-2 classification as either a member of the professions holding an advanced degree or an individual of exceptional ability in the sciences, arts or business.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

PERM Processing Times: As of Jan. 1, 2025, the department was adjudicating PERM applications filed in September 2023 and earlier and reviewing appeals for reconsideration filed in July 2024 and earlier.

Average Number of Days to Process PERM Applications

Determinations Month Calendar Days
Analyst Review December 2024 462
Audit Review December 2024 N/A

PWD Processing Times: As of Jan. 1, 2025, the National Prevailing Wage Center was processing PWD requests filed in June 2024 and earlier for H-1B Occupational Employment and Wage Statistics (OEWS) and non-OEWS cases, and for PERM OEWS cases and non-OEWS cases.

Redeterminations were being considered on appeals filed in September 2024 and earlier for H-1B and PERM cases.

Center Director Reviews were being conducted for H-1B cases filed in August 2024 and earlier, and PERM cases filed in April 2024 and earlier.

This alert has been provided by the BAL U.S. Practice Group.  

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com. 

The Edakunni v. Mayorkas settlement, in which U.S. Citizenship and Immigration Services agreed to simultaneous adjudications of “bundled” H-4 and L-2 applications for dependent status and employment authorization, is set to expire on Jan. 18.

Key Points:

  • Under the 2023 Edakunni v. Mayorkas settlement, USCIS said it would go back to prior practices and adjudicate these applications at the same time as the principal case, if filed together.
  • The terms of the settlement took effect Jan. 25, 2023, and expire on Jan. 18, 2025.
  • When the settlement expires, USCIS will no longer be required to adjudicate concurrently filed applications.
  • At this point, USCIS has not released any guidance on whether it will extend the terms of the settlement and continue to adjudicate bundled dependent applications.

Additional Information: During the first Trump administration, USCIS had started to “unbundle” adjudications of concurrently filed I-539 and I-765 applications for L-2 and H-4 dependents due to a biometrics requirement. The delays associated with these applications resulted in dependents not having a valid status document for several weeks or sometimes months as well as extended gaps in work authorization.

The 2023 Edakunni v. Mayorkas settlement was a form of relief for L-2 and H-4 dependents, specifically as it relates to these spouses maintaining their U.S. work authorization, ability to timely renew their driver’s licenses and other nonimmigration benefits that may require them to have a valid I-94 or employment authorization document.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.