Weekly Immigration News Roundup: January 30
This week, Manifest immigration attorney Ana Gabriela Urizar offers insights on some of the top headlines.
A Federal Court Challenged USCIS’s “Final Merits Determination”
On January 28, a Nebraska judge ruled that USCIS must approve a journalist’s previously denied EB-1A petition after finding that the agency’s final merits determination was unlawfully adopted.
Urizar: “There’s no immediate impact yet, as USCIS hasn’t announced any actual changes regarding its final merits policy. However, people now have an edge in how they can respond to an RFE, a Noid or denial notice that has vague ‘final merits’ reasoning.”
The Texas Governor Ordered an H-1B Hiring Freeze
Effective as of January 27, the pause will remain in effect through May 2027. It also only applies to new H-1B petitions filed by public universities and select state agencies.
Urizar: “Nothing has changed in regards to who qualifies for an H-1B visa, or how USCIS adjudicates petitions. Essentially, the governor instructed these public institutions that they no longer have the clearance to add new H-1B workers to their budgets, unless they get written government approval before they can sponsor a foreign worker.”
Green Card Applicants Report Canceled Interview Appointments
An increase of social media posts this month suggests that USCIS is pausing Green Card interview appointments, seemingly affecting people from countries listed in the State Department’s immigrant visa processing freeze.
Urizar: “Without official guidance from USCIS, it’s difficult to determine who exactly is affected at this time. What’s clear is that the federal agency has not stopped taking petitions for permanent residence, which means your eligibility for a Green Card remains unaffected.”
