WHAT CAN WE EXPECT FROM TRUMP IN ROUND 2?
Intro on post-election transition
· Swearing in on January 20th
· Expect policy changes on day 1
· Attack on Border Policy and asylum expected immediately
Cabinet appointees
· Must be confirmed in Congress
· Republican Controlled senate so wild picks are expected
· So far many inexperienced picks
· Border czar- Tom Homan
o 34 year CBP agent-
o Former ICE director—responsible for separating families
· Kristi Noem-Homeland Security
o Truly frightening
o She sent the national guard to southern border
· Pam Bondi—Atty General
o Intends to prosecute the prosecutors who prosecuted Trump
o Trump Loyalists
Overview of types of undocumented persons and temporary protected programs in jeopardy
· Countries who have TPS:
o Afghanistan
o Burma (Myanmar)
o Cameroon
o El Salvador
o Ethiopia
o Haiti
o Honduras
o Nepal
o Nicaragua
o Somalia
o South Sudan
o Sudan
o Syria
o Ukraine
o Venezuela
o Yemen
· Jamaica does not have TPS!
o That will not change
· We are in the 3rd largest migrant population so we will feel direct effects
· Ukraine and a few other countries may be at stake but I don’t want to speculate
· LGBTQIA
· Asylum
· Adjustment of status
o Income guidelines
o Raised fees—expect them to start charging VAWA again
· DACA
· PIP
Immigrant bans
· Expect travel bans to return for certain countries
· His last tariffs prompted certain countries to require visas -ex: Brazil (starting 4/2024)
·
Impact on business / economy tariffs
· If you drank the Kool-Aid I have bad news
· Work place raids
· Expect price hikes again; cost will be passed to consumers
· Florida was the guinea pig—it did not work for us!
o Construction prices skyrocket/housing costs
o Poor quality produce and cost of groceries
· Discourage international trade and commerce
· Import fees will be high—car parts whew!
· Prioritizing American workers may affect unskilled workers and Hospitality Industries
How to prepare or understand due process rights
· No one is illegal
· There is a legal process that must be followed
o There may be changes to who has access to defend their case before an immigration judge
· Stricter policy regarding
· The time to try filings without attorneys has ended
o Get the proper advice
· Do not buy into fear mongering
· EDUCATE YOURSELF!
o Join attorney newsletter
o Follow reputable news sources and social media pages
o Beware of anyone advising you without the proper credentials
Next steps – what to expect
· Expect changes day 1
· Asylum will be one of the first attacks
o Domestic violence
o LGBTQIA may be in jeopardy considering the conservative SCOTUS
· Stay hopeful! All is not lost!
DHS, DOL Make Nearly 65,000 Additional H-2B Visas Available for Fiscal Year 2025
The Department of Homeland Security (DHS) and the Department of Labor (DOL) issued a temporary final rule (TFR) making available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2025. These supplemental visas are aimed at helping U.S. employers who are unable to find U.S. workers who are available, willing, and qualified to do the temporary work in industries such as hospitality and tourism, landscaping, seafood processing, and many other sectors. DHS, in coordination with DOL, has authorized supplemental cap numbers in FY 2017, FY 2018, FY 2019, FY 2021, FY 2022, FY 2023, and FY 2024 in accordance with the time-limited statutory authority granted for each of those fiscal years by Congress.
“There are employers across the country that would suffer greatly without H-2B workers. Authorizing these supplemental visas helps U.S. employers fill those positions,” said Secretary of Homeland Security Alejandro N. Mayorkas. “It helps fuel our economy and reduce irregular migration while also providing a safe and lawful pathway to the United States for noncitizens who are prepared to work.”
The supplemental H-2B visa allocation consists of roughly 44,700 visas available to returning workers who received an H-2B visa or held H-2B status in FY 2022, FY 2023, or FY 2024, regardless of their country of nationality. The remaining 20,000 visas are reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, regardless of whether they are returning workers.
The supplemental H-2B visas have been divided into the following four allocations:
- First half of FY 2025 (Oct. 1, 2024, to March 31, 2025): 20,716 immediately available visas are limited to returning workers – those who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality. These petitions must request employment start dates on or before March 31, 2025.
- Early second half of FY 2025 (April 1, 2025, to May 14, 2025): 19,000 visas are limited to returning workers – those who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality. These early second half of FY 2025 petitions must request employment start dates from April 1, 2025, to May 14, 2025.
- Late second half of FY 2025 (May 15, 2025, to Sept. 30, 2025): 5,000 visas are limited to returning workers – those who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality. These late second half of FY 2025 petitions must request employment start dates from May 15, 2025, to Sept. 30, 2025.
- Entirety of FY 2025: 20,000 visas immediately available are reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, regardless of whether those nationals are returning workers. Employers requesting an employment start date in the first half of FY 2025 may file their petitions immediately after the publication of this TFR. Employers requesting an employment start date in the second half of FY 2025 must file their petitions no earlier than 15 days after the second half statutory cap is reached.
Employers seeking to hire H-2B workers under the FY 2025 supplemental cap must attest that they are suffering or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested on the petition. Employers seeking to hire H-2B workers must take a series of steps to test the U.S. labor market. They must provide certification from DOL that proves there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work for which they seek a prospective foreign worker, and that employing the H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
It is critically important to protect H-2B workers from exploitation and abuse. The temporary final rule features several provisions to protect H-2B workers. DHS will subject employers that have committed certain labor law violations in the H-2B program to additional scrutiny in the supplemental cap petition process. This additional scrutiny is aimed at ensuring compliance with H-2B program requirements and obligations. Further, on Sept. 20, 2023, DHS published a notice of proposed rulemaking to modernize and improve both the H-2B and H-2A programs, including by providing greater flexibility and protections for participating workers.
The H-2B program permits employers to temporarily hire noncitizens to perform nonagricultural labor or services in the United States. The employment must be for a limited period of time, and the petitioner must have a temporary need for services or labor to be performed, that is, a one-time occurrence, peak load need, seasonal need, or intermittent need.
Planned future expansion of PDF filing will allow attorneys and accredited representatives to file these applications on behalf of their clients, as well as additional form types.
For more information:
Contact The Hemans Law Group P.A.