Shrestha Law Firm, PLLC

01/01/2026

A FEDERAL JUDGE BLOCKED THE TRUMP ADMINISTRATION’S MOVE TO TERMINATE TPS STATUS FOR THOUSANDS FROM NEPAL, HONDURAS, AND NICARAGUA

Wednesday, Dec. 31, 2025

A U.S. federal judge on Wednesday blocked the Trump administration from ending deportation protections for thousands of migrants from Honduras, Nepal, and Nicaragua after opponents argued the terminations were motivated by racial hostility.

The administration's decisions to end Temporary Protected Status for some 89,000 migrants failed to adequately consider conditions in the three countries that would prevent them from returning, San Francisco-based District Judge Trina Thompson wrote.
Thompson cited statements by Republican President Donald Trump and Homeland Security Secretary Kristi Noem portraying immigrants as criminals and a drain on U.S. ⁠society.

"These statements reflect a stereotyping of the immigrants protected under the TPS program as criminal invaders and perpetuate the discriminatory belief that certain immigrant populations will replace the white population," wrote Thompson, an appointee of Joe Biden.

TPS provides deportation relief and work permits to people already in the U.S. if their home countries experience a natural disaster, armed conflict, or other extraordinary event. Under the program, Noem has the authority to grant, extend, or terminate TPS designations for specific countries.

President Trump has sought to end most TPS enrollment as part of a broader effort to restrict both legal and illegal immigration. In TPS termination notices, the administration has said that allowing the migrants to remain in the U.S. is contrary to the ⁠country's interests.

The Supreme Court in October allowed the Trump administration to proceed with ending TPS for some 300,000 Venezuelans, but lower courts have continued to rule against other terminations. On Tuesday, a federal judge in Boston blocked a move to end protections for ⁠hundreds of migrants from South Sudan.
In her ruling, Thompson found that the National TPS Alliance, a group representing the TPS enrollees, had plausibly alleged ⁠the terminations were motivated by racial animus.

It is believed that the program covers approximately 72,000 Hondurans, initially 13,000, but now also includes 7,000 Nepalese and 4,000 Nicaraguans.

Although this decision has provided temporary relief to TPS holders from the named countries, the legal battle against the termination of TPS status is not yet over. DHS will certainly file an appeal to the higher court against the Court’s decision. In light of the higher Courts’ past decisions, including the Supreme Court’s favorable to DHS, it is advised to all TPS holders to remain cautious and consult immigration attorneys before making any new moves.

09/20/2025

BREAKING NEWS:

TRAVEL BAN ON H-1B NON-IMMIGRANTS TAKES EFFECT AT 12:01 AM ON SEPTEMBER 21

On September 19, 2025, President Trump issued a proclamation restricting the entry of anyone seeking to enter or reenter the U.S. in H-1B status without payment of a new $100,000 fee. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers is effective date is 12:01 a.m. EDT Sunday, September 21, 2025, and is set to expire after one year.

While we wait for details regarding implementation, below are key points and considerations:

• The proclamation is effective 12:01 a.m. EDT September 21, 2025. It expires in 12 months but may be extended.
• The proclamation targets entry of H-1B workers into the U.S. who are currently outside the U.S. pursuant to INA 212(f).
• The restriction on entry applies only to H-1B workers who attempt to enter the U.S. after the effective date. It does not appear to impact H-1B workers already in the U.S.
o However, it could impact those who subsequently leave and try to re-enter the U.S. in H-1B status during the effective period of the proclamation.
• USCIS shall not adjudicate petitions unless they are accompanied by proof of payment of the $100,000 fee for H-1B workers who are currently outside of the U.S.
• Extensions of stay inside the U.S., including change of employer, change of status, and amended petitions —where the beneficiary remains in lawful H-1B status—are not expressly covered, so unless instructed otherwise, it appears they are exempt.
• Within 30 days of the next H-1B lottery (i.e., March 2026), the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall jointly submit a recommendation to the President as to whether renewing or extending the restriction on reentry is in the best interest of the U.S.
• Secretary of State shall issue guidance to prevent the misuse of B visas by beneficiaries of approved H-1B petitions who have start dates before 10/1/26 – presumably to prevent them from entering and filing a change of status and avoiding the fee.
• Secretary of Labor shall initiate rulemaking to revise the prevailing wage levels and to prioritize the admission of high-skilled and high-paid nonimmigrants.

Exceptions: There may be exceptions for an individual, a company, or an industry, if DHS determines that it is in the national interest of the U.S. and does not pose a threat to the security or welfare of the U.S. The language of the Proclamation does not address whether this new fee and travel restriction applies to cap-exempt H-1B workers outside of the U.S.

It is recommended that any H-1B workers currently abroad return to the U.S. as soon as possible before the effective date. Travel outside of the U.S. for visa processing/renewals will be impacted, so H-1B workers should refrain from all international travel until implementation is further clarified. For H-1B cap case beneficiaries with approved petitions and a valid H-1B visa, they should seek to enter the U.S. as soon as possible.

On September 20, 2025, USCIS publicly circulated this internal memorandum implementing the H-1B proclamation. Notably, it states that the proclamation applies only prospectively to petitions that have not yet been filed. In other words, any H-1B Petitions filed and approved prior to the effective date of September 21, 2025, are not subject to this new ban or fees.

09/19/2024

USCIS EXTENDS GREEN CARD VALIDITY EXTENSION TO 36 MONTHS FOR GREEN CARD RENEWALS

Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.

Extensions and Receipt Notices: Form I-90, Application to Replace Permanent Resident Card Lawful permanent residents who properly file Form I-90 to renew an expiring or expired Green Card may receive this extension. Form I-90 receipt notices had previously provided a 24-month extension of the validity of a Green Card.

USCIS has updated the language on Form I-90 receipt notices to extend the validity of a Green Card for 36 months from the expiration date on the face of the current Green Card for individuals with a newly filed Form I-90 renewal request. On Sept. 10, USCIS began printing amended receipt notices for individuals with a pending Form I-90 application.

These receipt notices can be presented with an expired Green Card as evidence of continued status. This extension is expected to help applicants who experience longer processing times because they will receive proof of lawful permanent resident status as they await their renewed Green Card.

Evidence of Green Card

If you no longer have your Green Card and you need evidence of your lawful permanent resident status while waiting to receive your replacement Green Card, you may request an appointment at a USCIS field office by contacting the USCIS Contact Center, and USCIS may issue you an Alien Documentation, Identification, and Telecommunications (ADIT) stamp after you file Form I-90.

07/19/2024

DHS Announces New Process to Promote the Unity and Stability of Families

On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the immigration system. The Department of Homeland Security (DHS) announced actions to promote family unity in the immigration process, consistent with the Biden-Harris Administration’s commitment to keeping families together. This announcement utilizes existing authorities to promote family unity, but only Congress can fix our broken immigration system.

Under current law, noncitizens married to a U.S. citizen may apply for lawful permanent residence through their marriage to a U.S. citizen. However, to apply for lawful permanent residence, many noncitizens must first depart the United States and wait to be processed abroad, resulting in a prolonged, potentially indefinite, period of separation from their U.S. citizen family members and causing tremendous hardship to all concerned. Consequently, these families live in fear and face deep uncertainty about their future.
To address this challenge, DHS will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens who have lived in the United States for 10 years or more; do not pose a threat to public safety or national security; are otherwise eligible to apply for adjustment of status; and merit a favorable exercise of discretion. If eligible, these noncitizens will be able to apply for lawful permanent residence without having to leave the United States. DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens could be eligible to access this process; on average, these noncitizens have resided in the United States for 23 years. Approximately 50,000 children of these spouses also will be eligible for this process. Noncitizens who pose a threat to national security or public safety will not be eligible for this process, as aligned with our immigration enforcement priorities. If a noncitizen poses a threat to national security or public safety, DHS will detain, remove, or refer them to other federal agencies for further vetting, investigation, or prosecution as appropriate.

Today’s actions build on unprecedented steps by the Biden-Harris Administration to strengthen family unity including by implementing family reunification parole processes for nationals of Colombia, El Salvador, Guatemala, Honduras, and Ecuador; updating and modernizing the Cuban and Haitian family reunification parole processes; leading the Family Reunification Task Force to reunify nearly 800 children with their families who were separated; and establishing country-specific parole processes for certain nationals of Cuba, Haiti, Nicaragua, and Venezuela (CHNV) who have a U.S.-based supporter.

Eligibility and Process:

To be considered on a case-by-case basis for this process, an individual must:
• Be present in the United States without admission or parole;
• Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
• Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.
Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.
In order to be considered for parole, an individual will need to file a form with USCIS along with supporting documentation to show they meet the requirements and pay a fee. Further information regarding eligibility and the application process, including a notice in the Federal Register, will be published in the near term. USCIS will reject any filings or individual requests received before the date when the application period begins later this summer.

Upon receipt of a properly filed parole in place request USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS. USCIS has strong processes in place to identify and address potential fraud, which will be applied here to ensure the integrity of this program.

Other Action

In addition, DHS will join the Department of State in an effort to more efficiently facilitate certain employment-based nonimmigrant visas for eligible individuals, including Deferred Action for Childhood Arrivals (DACA) recipients and undocumented noncitizens, who have graduated from an accredited U.S. institution of higher education. By clarifying and enhancing the existing process, the Department of State’s policy will give U.S. employers increased confidence that they can hire the talent they need and that they will be able to quickly get to work. DHS will implement the Department of State’s policy update.

05/22/2024

A new report by Syracuse University’s Transactional Records Access Clearinghouse (TRAC) sheds light on the increasing number of Nepali nationals seeking asylum in the United States. The report reveals […]

04/20/2024

Immigrant workers with pending work permit renewals, and their employers, breathed a sigh of relief when USCIS extended a its rule.

04/03/2024

01/23/2024

ALERT!

USCIS Fee Hike Could Come Imminently

OIRA completed their review of this final rule on Friday, January 19, and WE expect that the final rule could be published imminently in the Federal Register.

We alert everyone who is going to file immigration benefit applications with USCIS that the USCIS Final Fee Rule could be published as a final rule within the next few weeks. The White House's Office of Information and Regulatory Affairs (OIRA) received the final rule containing the new fees on Monday, January 8, 2024.

Although OIRA typically has up to 90 days to complete its review, the Administration may prioritize finalizing this rule as it has been eight years since the last fee increase. USCIS has previously stated that a significant increase in immigration fees is necessary to fully recover operating costs and better manage its workload. Based on past fee rules, once it is published in the Federal Register, it will likely take effect at least 60 days later.

As background, on January 4, 2023, USCIS issued a proposed rule on adjusting the fee schedule, which included increasing application fees by a 40% overall weighted average increase.

When the proposed rule was released, the American Immigration Lawyer's Association and the American Immigration Council submitted a joint comment highlighting that employers would be required to pay more than:

70% more for H-1B petitions
129% more for O-1 petitions
201% more for L-1 petitions
a $600 surcharge for Forms 1-129 and I-140
Over 2,000% more for the H-1B electronic registration system fee
130% more for AOS, AP, and EAD applications when filed together.

As the fee hike is on the horizon, it will be prudent to file immigration applications before the hike.

01/14/2024

GOOD NEWS TO MANY THOSE WHO DID NOT VIOLATE THE TERMS AND CONDITIONS OF THEIR NONIMMIGRANT VISAS. DEPARTMENT OF STATE EXTENDS NON-IMMIGRANT VISA INTERVIEW WAIVERS INDEFINITELY.

The State Department announced an update to its discretionary interview waiver policy for nonimmigrant visa applicants.

11/18/2023

USCIS ESTABLISHES FAMILY REUNIFICATION PAROLE PROCESS FOR ECUADOR

On November 15, 2023, U.S. Citizenship and Immigration Services (USCIS) announced a Federal Register notice implementing a new family reunification parole (FRP) process for Ecuador, advancing the Biden-Harris Administration’s successful combination of expanded lawful pathways and strengthened enforcement to reduce irregular migration. The FRP processes promote family unity and are one of the comprehensive measures announced in April to promote safe and orderly migratory pathways, consistent with the objectives in the Los Angeles Declaration on Migration and Protection.

The new FRP process is by invitation only for certain nationals of Ecuador and allows an eligible beneficiary to be considered for parole into the United States on a case-by-case basis while they wait for their family-based immigrant visa to become available. This process is intended to reunite families more quickly and provide an alternative to dangerous irregular migration.

Certain nationals of Ecuador who are beneficiaries of an approved Form I-130, Petition for Alien Relative, may be eligible to be considered for parole under the new FRP processes. Qualifying beneficiaries must be outside the United States, must meet all requirements, including screening and vetting and medical requirements, and must not have already received an immigrant visa.

The process begins with the Department of State issuing an invitation to initiate the process to certain U.S. citizen or lawful permanent resident petitioners whose Form I-130 filed on behalf of an Ecuadorian principal beneficiary has been approved. Beneficiaries waiting for an immigrant visa could include certain children and siblings of U.S. citizens and certain spouses and children of permanent residents. The invited petitioner can then file a request to be a supporter of the beneficiary and eligible family members, who may then be considered for advance travel authorization and parole.

USCIS began using Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on Nov. 17, 2023.

As with all parole requests, under this FRP process for certain nationals of Ecuador, parole will be authorized only on a case-by-case and temporary basis after determining that there are urgent humanitarian or significant public benefit reasons for authorizing parole and that the beneficiary warrants a favorable exercise of discretion. Noncitizens paroled into the United States under this process will generally be considered for parole for up to three years and can request employment authorization while they wait for their immigrant visa to become available. When their immigrant visa becomes available, they may apply to become a lawful permanent resident.

Section 212(d)(5)(A) of the Immigration and Nationality Act provides Homeland Security with the discretionary authority to parole applicants for admission into the United States temporarily on a case-by-case basis for urgent humanitarian or significant public benefit reasons. Previous DHS secretaries have exercised the parole authority to establish other family reunification parole processes administered by USCIS, including the Cuban Family Reunification Parole Program in 2007 and the Haitian Family Reunification Parole Program in 2014. DHS announced new FRP processes for Colombia, El Salvador, Guatemala, and Honduras in July and the modernization of FRP processes for Cuba and Haiti in August.

So far, no other countries other than those listed above have been provided the family reunification parole program.