At Brown Immigration Law, we strive to be your company’s partner in growth and innovation, on a global scale. We continue our commitment to demystifying the complex immigration laws of the United States and Canada to provide efficient and effective immigration and global mobility support. Please find this month’s business immigration news below.

Prefer to listen to updates? Check out our business immigration law Podcast “I’ll Call You from the Car” hosted by our Founder and Managing Partner David Z. Brown, which discusses both key tenants of business immigration law and various updates and current events. Available on Spotify. Listen NOW on Spotify!

U.S. BUSINESS IMMIGRATION UPDATES

Alien Registration Requirement

Effective April 11, 2025, USCIS established a new process for certain foreign nationals in the United States to comply with the “Alien Registration Requirement” pursuant to INA §262 and Executive Order (EO) 14159, “Protecting the American People Against Invasion”. With few exceptions, individuals lawfully present in the U.S. are considered already registered by virtue of other immigration processes and are thus in compliance with the Alien Registration Requirement. Others may need to register with USCIS to comply with the registration obligations under INA §262. For detailed information about the registration requirement, please visit our memo here. If you have questions about the requirement, please contact your BIL attorney

Social Media Vetting and Student Visa Revocations

Several media outlets are reporting on a new Department of State cable requesting enhanced screening and social media vetting for U.S. visa applicants. Although we are unable to verify the DOS cable, it appears to be consistent with Executive Orders 14161 and 14188, known respectively as Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, and Additional Measures to Combat Anti-Semitism.

The cable reportedly directs consular officers to review F, M and J student visa applications to determine if those students intend to travel to the U.S. to engage in unlawful activities or activities inconsistent with claims made in the visa application. Furthermore, the cable reportedly directs consular officers to deny visa applications if applicants do not show credibly that all activities in which they are expected to engage in while in the U.S. are consistent with the specific requirements of their visa classification. As part of this determination, consular officers must refer certain F, M and J visa applicants for a mandatory social media review if they meet any of the following criteria:

1. Are otherwise eligible but the consular officer has “reason to believe has openly advocated for a designated foreign terrorist organization”;
2. Were previously in F-1, M-1, or J-1 status in the U.S. between October 7, 2023 and August 31, 2024; or
3. Prior SEVIS record was terminated between October 7, 2023 and the present.

The cable reportedly goes on to elaborate on security and related grounds under which an applicant may be ineligible for a U.S. visa under INA §212(a)(3)(B), including endorsing or espousing terrorist activity or persuading others to endorse or espouse terrorist activity or support a terrorist organization. Additionally, it notes that evidence that an applicant advocates for terrorist activity or otherwise demonstrates a degree of public approval or public advocacy for terrorist activity or terrorist organization, may be indicative of ineligibility under INA §212(a)(3)(B). “This may be evident in conduct that bears a hostile attitude toward U.S. citizens or U.S. culture (including government, institutions, or founding principles).”

Secretary of State Marco Rubio’s recent remarks to the press on March 28, 2025 echo the Administration’s hardline stance on barring those suspected of criticizing the United States and Israel from entering or remaining in the country. When questioned specifically about applicants expressing a mere point of view (rather than engaging in ‘disruptive’ protest activities per Rubio), Secretary Rubio responded, “when you’re aligning yourself with groups that are behind these activities, openly aligning yourself with these groups that are behind these disruptive criminal activities in the United States, your visa is going to get yanked.”

Please contact your BIL attorney if you have any questions about your eligibility for a U.S. visa.

DOS Revoked Visas and Issued Travel Restrictions for South Sudan

On April 5, 2025, U.S. Secretary of State Marco Rubio announced that the Department of State (DOS) had begun taking action to revoke all visas held by South Sudanese passport holders and prevent further issuance of visas to prevent entry into the United States by South Sudanese passport holders from that day forward. The action taken by DOS is in response to the South Sudanese transitional government’s alleged refusal to “accept the return of its citizens in a timely matter when… the United States seeks to remove them.”

There is currently no timeframe as to how long these visa revocations and travel restrictions will last, as the DHS has said that it would review its April 5 decision if the South Sudanese government cooperates with the United States’s orders. South Sudan is currently designated for Temporary Protected Status (TPS), though it is set to expire on May 3, 2025.

This move comes as the government of South Sudan continues to face rampant instability. We will continue to monitor for updates. For information on travel bans and other restrictions, please visit our Trending Topics page.

Erroneous Termination Notices for Uniting for Ukraine (U4U) Program Received by some Parolees

Since the launch of the Uniting for Ukraine (U4U) program under the Biden administration in early 2022, approximately 240,000 Ukrainians have resettled in the U.S. under the program. Earlier this month (April 3), an unspecified number of U4U recipients had their status under the program called into jeopardy when they received emails from U.S. Customs and Border Protection (CBP) stating that their parole status would be terminated and that they must leave the U.S. within seven (7) days of receipt. Subsequently, on April 4, the Department of Homeland Security (DHS) confirmed in a statement to news outlets that the termination notices were sent in error, and that the U4U parole program had not been terminated.

According to the DHS, a follow-up email was provided to recipients stating: “You may have received an email notification titled ‘Notice of Termination of Parole.’ The Department of Homeland Security (DHS) sent this email to you in error. No action will be taken with respect to your parole.”

It is not clear how many U4U recipients received the initial erroneous termination notices. We will continue to monitor any ongoing developments with the U4U program and provide updates as they become available.

USCIS Updates Policy to Recognize Two Biological Sexes

USCIS has updated its policy manual to recognize only two biological sexes (male and female) for purposes of reviewing benefit requests and USCIS-issued documents. This change is consistent with the January 20, 2025, executive order, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. Under this guidance, USCIS considers a person’s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth. If the birth certificate issued at or near the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence. If there is a conflict between what the requestor indicates as their sex on the petition and the birth certificate, the birth certificate will control, except in cases where USCIS relies on secondary evidence. USCIS may provide notice if they issue a document that has a different sex than what was requested by the requestor.

It is important to note that USCIS will not deny benefits solely based on failure to indicate sex. However, USCIS does not issue documents with a blank sex field and does not issue documents with a sex different than what is on the birth certificate issued closest in time to the applicant’s birth. Therefore, if a benefit requestor does not indicate their sex or indicates a sex different from the sex on their birth certificate, there may be delays in adjudication.

We will continue to monitor for updates to this policy change.

The IRS Finalizes a Deal to Share Tax Information with Immigration Authorities

The IRS recently signed a 15-page memorandum of understanding with U.S. Immigration and Customs Enforcement (ICE) to share confidential tax information about some immigrants without legal status. This marks a major change in how tax records can be used as ICE officers can now ask the IRS for information about immigrants who have final orders of removal or are under criminal investigation, which includes the crime of failing to leave the country after 90 days.

Previously immigrants without legal status could file their taxes using a nine-digit Individual Taxpayer Identification Number. Prior to this agreement, the IRS has assured undocumented taxpayers the information would remain confidential and filing a tax return would be safe. Reportedly, undocumented taxpayers pay billions of dollars in taxes each year, but given this update, many may be deterred from filing taxes considering the lack of confidentiality.

It is unclear at this time when the information sharing between the two agencies will begin or what the effects of this new policy will be, but we will continue to monitor for updates.

District Court Postpones Termination of TPS for Venezuelan Citizens

On March 31, 2025, the United States District Court in the Northern District of California issued an order that has temporarily postponed the termination of the Temporary Protected Status (TPS) program for Venezuelan nationals.

By way of background, former Department of Homeland Security (DHS) Secretary Alejandro Mayorkas granted an extension of the designation of TPS for Venezuelans living in the United States on January 17, 2025. On January 28, President Trump’s newly-confirmed DHS Secretary Kristi Noem vacated that extension, and days later terminated TPS for Venezuelans who had first registered for protected status in 2023.

In compliance with the district court order, E-Verify has announced that TPS Venezuela will remain in effect until the Department of Homeland Security (DHS) obtains relief from the court’s order. Additionally, USCIS announced that certain Employment Authorization Documents (EADs) with specific expiration dates issued under the Venezuela TPS designation have been extended through April 2, 2026.

Please note that this extension of TPS designation is subject to change if otherwise decided in court. On April 1, 2025, the government appealed the District Court’s decision to the Ninth Circuit Court of Appeals. We will continue to monitor any developments with this case and will provide updates as they become available.

Kilmar Abrego Garcia Continues to be Held in El Salvadoran Prison

Despite the Supreme Court of the United States’ order for the administration to facilitate his return to the United States, unlawfully removed Maryland resident Mr. Kilmar Abrego Garcia remains held in El Salvadoran prison to this day.

In March 2025, Mr. Abrego Garcia was deported to El Salvador after ICE took him into custody. The United States government claimed Mr. Abrego Garcia’s (unproven) gang affiliation as the grounds for detention and subsequent removal but later acknowledged in court that Mr. Abrego Garcia’s removal to El Salvador was the result of an administrative error.

In 2019, an Immigration Judge found Mr. Abrego Garcia to have a well-grounded fear of future persecution and as such, he could not be removed. The administration went ahead and removed Mr. Abrego Garcia anyway. Since the deportation and the Supreme Court order, El Salvadoran president Nayib Bukele has refused to return Mr. Abrego Garcia to the United States. In recent weeks, Democratic lawmakers in the Senate and the House have voiced strong opposition against the deportation and support for Mr. Abrego Garcia’s return to the U.S.

On April 17, Senator Chris Van Hollen of Maryland traveled to El Salvador to meet with Mr. Abrego Garcia in person. On April 21, a group of 4 House Democrats were scheduled to land in El Salvador to demand the release and return of Mr. Abrego Garcia.

Efforts to bring Mr. Abrego Garcia back to the United States continue.

May Visa Bulletin

The May Visa Bulletin has been released. Overall, the visa bulletin remains very similar to April, with only slight progress for EB-3 India, which advanced two weeks to April 15, 2013.

CANADIAN BUSINESS IMMIGRATION UPDATES

Express Entry – Latest Invitation Rounds and Modifications

On April 14, 2025, those with a CRS of 825 were invited to apply, with the lowest score invited being 764. Cut-off for the lowest score was based on the date/time the Express Entry profile was submitted.

With the elimination of arranged employment points, the EE system saw a drastic change in point distribution with a few notable ones being

• Range 501-600 decreases by 5,740 profiles;
• Range 491-500 decreased by 1,618 profiles;
• Range 481- 490 decreased by 984 profiles;

The recent removal of Comprehensive Ranking System (CRS) points for arranged employment has triggered a notable reshuffling within the Express Entry candidate pool. Thousands of individuals who previously benefited from these points have experienced a substantial decrease in their CRS scores, either by 50 or 200 points. This adjustment significantly alters their standing in the pool and consequently diminishes their prospects of receiving an invitation to apply for Canadian permanent residence in upcoming draws.

A closer examination of the data reveals the extent of this redistribution. The most significant shift occurred within the 501-600 CRS score bracket, which witnessed a dramatic reduction of 5,740 candidate profiles. Similarly, the 491-500 and 481-490 score ranges saw decreases of 1,618 and 984 profiles, respectively. Cumulatively, these top-tier score ranges experienced an exodus of over 8,000 profiles in a short period following the policy change.

Interestingly, despite the significant downward movement in higher score ranges, the overall Express Entry candidate pool expanded by 7,373 profiles during the same period. This indicates a simultaneous influx of new candidates. Notably, the 461-470 CRS score range saw the largest increase, with 2,157 new profiles. This surge likely represents a portion of those who previously held higher scores due to arranged employment now being positioned in this lower range. Consequently, despite an overall increase in the pool size since December 2024, the number of candidates in the 501-600, 491-500, and 481-490 ranges has effectively returned to the levels observed prior to this period of rapid growth, underscoring the profound impact of the policy change on the pool’s composition.

For an exodus of 8,342 profiles. But do not be dismayed, having a job offer is still valuable! Many programs (around half of PNPs) require you to have a valid job offer. Holding a job within Canada can also help you become eligible for the Canadian Experience Class (which is prioritized) and can increase your CRS score through Canadian work experience! So even though you won’t get any points, it is still quite beneficial to have one.

Is a Job Offer Still Important for Obtaining Canadian Permanent Residency?

Even with recent adjustments to Canada’s Express Entry system, securing a job offer remains a significant advantage for individuals seeking permanent residency. While the direct allocation of 50 or 200 Comprehensive Ranking System (CRS) points for arranged employment has been discontinued as of March 25, 2025, a job offer still holds considerable weight in the overall immigration process. This is primarily because numerous immigration pathways explicitly require a job offer as a fundamental eligibility criterion, making it indispensable for many aspiring permanent residents.

Provincial Nominee Programs (PNPs) across Canada heavily rely on job offers to address specific labor market needs within their respective provinces. With over 80 PNP streams available, nearly half mandate a job offer as a prerequisite for consideration. By obtaining employment in a desired province, candidates can significantly enhance their chances of receiving a provincial nomination. This nomination then paves the way for a subsequent application for permanent residence to the federal government, highlighting the crucial role of a job offer in accessing this popular immigration route.

Furthermore, newer immigration initiatives like the Rural Community Immigration Pilot (RCIP) and the Francophone Community Immigration Pilot (FCIP) also underscore the importance of a job offer. Both of these pilots, designed to attract immigrants to specific regions and support Francophone communities, require candidates to possess a genuine offer of employment from a designated employer within the participating community. These programs demonstrate that a job offer is not merely beneficial but often a mandatory requirement for accessing certain pathways to Canadian permanent residency, solidifying its continued importance in the Canadian immigration landscape.

BC Provincial Nominee Program (BC PNP) Immigration Update

British Columbia, after reducing their PNP allotment to 4,000, is stating it will meet the province’s labour market and economic needs, by using 1,100 spaces to target health authority employees, entrepreneurs and skilled workers for a “high economic impact”. The remaining 2,900 spaces will be used for the rest of the applicants, leaving over 1,200 remaining applicants without an invitation.

International Post-Graduate (IPG)

• Applications received between September 1, 2024, and January 7, 2025, will be waitlisted and processed in 2025.

BC PNP

• The program does not expect to resume general or priority occupation targeted invitations to apply (ITAs) in 2025. They do expect to issue 100 ITAs out of 10,000 candidates in May based on the economic impact (as previously mentioned). For example, Early Childhood Educators will be targeted.
• The program will also continue to issue invitations to entrepreneur Immigration registrants throughout 2025.
• The Health Authority stream (healthcare) will be restricted to such positions such as doctors, nurses and allied health professionals. The complete list of occupations can be found here. Early Childhood Educators stream will also be restricted, i.e. Early Childhood Educators Assistants will no longer be targeted.
• The three new student stream’s launches have been paused due to the allocation levels.

The BC PNP is also committing to the following:

• Returning to having a 3-month service standard;
• Working with the government to support eligible candidates in extending their work permits;
• Advocating to the government for an increase in allocated spaces

NEW LEARNING OPPORTUNITIES

Business Immigration – Compliance/Worksite Enforcement Update

Join Managing Partner and Founder, David Z. Brown, as he covers the latest updates on I-9 compliance and worksite inspections. With significant changes over the past few years, and the looming expectation of large-scale sweeps targeting undocumented workers, it’s more crucial than ever for employers to stay informed and ensure compliance.

*This webinar is offering SHRM Professional Development Credit.

Key Issues Facing Employers in Business Immigration – Our Hacks

After several years of improved processing and increased flexibility in a variety of filing categories the pendulum has swung and is still swinging in the other direction. This necessitates reevaluating original principles and reconsidering common strategies. Join us for a session led by Founder and Managing Partner David Z. Brown as he leverages his 27 years of business immigration law experience to outline the current challenges facing employers and their staff.

*This webinar is offering SHRM Professional Development Credit.

Once registered, you will receive an email with a link to use to join the video chat on the day of the event. Please note: This link should not be shared with others; it is unique to you. If you ever misplace the invitation link, simply visit the webinar schedule on our website.

If you have colleagues who may benefit from our talks, you are welcome to invite them to join by sharing our webinar schedule where they can subscribe for further information.

Don’t miss these opportunities to increase your knowledge on important immigration issues!