Legal Blogs and Updates

USCIS Has Randomly Selected Enough Beneficiaries with Properly Submitted Registrations to Reach the Fiscal Year 2026 H-1B Cap

On March 31, 2025, USCIS announced that it had randomly selected enough beneficiaries to reach the H-1B cap in the initial round of the lottery. It notified all prospective petitioners that they are eligible to file an H-1B cap-subject petition for such beneficiaries.  H-1B cap-subject petitions for Fiscal Year (FY) 2026, including those eligible for the advanced degree exemption, may be filed with U.S. Citizenship and Immigration Services (USCIS) beginning April 1, 2025. Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2026.  The period for filing the H-1B cap-subject petition will be until June 30, 2025.

USCIS will keep registrations that were not selected in the initial lottery.  If it does not approve the regulatory number of mandated cases for the fiscal year, there may be a subsequent round of the lottery this fiscal year.

Contact us with questions about the H-1B lottery.

A Federal Judge Pauses Planned Termination of 2023 Designation of Venezuela for Temporary Protected Status

Under the Biden Administration there were two Venezuelan Temporary Protected Status (TPS) designations and filing processes, a 2023 designation and a 2021 designation, which the Administration had consolidated and extended until October 2, 2026.  On Feb. 1, 2025, Secretary of Homeland Security Kristi Noem terminated TPS under the 2023 designation for Venezuela.  TPS and related benefits (including Employment Authorization Documents or EADs) associated with the 2023 designation would end on April 7, 2025. As for the 2021 designation, TPS designation holders would remain in status (and their EADs will remain valid) until September 10, 2025, with an announcement regarding extension or termination to be made by July 12, 2025.

Immigration advocates immediately sued the administration over the legality of terminating TPS. On March 31, 2025, a federal judge temporarily halted the plan to end TPS to allow for further legal review. Subsequently, E-verify issued guidance for employers, indicating that the validity of EADs with a “Card Expires” date of Sept. 10, 2025; April 2, 2025; March 10, 2024; or Sept. 9, 2022, issued under the Venezuela TPS designations, are extended through April 2, 2026, pending further litigation. After a new employee has completed Form I-9, Employment Eligibility Verification, the guidance states, the employer should create a case in E-Verify, entering the EAD document number and the automatically extended date of April 2, 2026. 

We will be sending updates as this situation develops.

Increased Scrutiny of E-2 Visa Application Interviews at US Embassy, London

Over the past several months, there have been widespread reports of unexpected denials of E-2 applications at the US embassy in London, as well as changes in E-2 processing.  The processing changes have involved increased scrutiny being given to E-2 petitions, with interviews that used to take only a few minutes now, taking 30 minutes or more.  Questions that applicants are now expected to answer include “Why are they (the employer) sending you?” in conjunction with “Why can’t your US colleagues cover your role?”  Importantly, individuals denied E-2 visas may also lose their eligibility to visit the US under the Electronic System for Travel Authorization.  Applicants should be prepared for a much more in-depth interview, particularly for applicants with limited business experience.

Contact us with questions concerning E-2 nonimmigrant status.

Department of State Issues April 2025 Visa Bulletin with Some Forward Movement

For April 2025, USCIS determined that all Employment-Based (EB) preference categories must use the Final Action Dates chart in the Visa Bulletin. The Final Action chart shows forward movement for all EB-2 and EB-3 categories, as well as for EB-1 India.

Contact us with questions about priority dates and the Visa Bulletin.

USCIS Updates to Form I-9 Handbook to Reflect Final Rule for Eligible F-1 Students

Until recently, F-1 student visa holders who presented an Employment Authorization Document (EAD) and an H-1B receipt would have their EADs extended until October 1 of the same calendar year. Under a final rule published by USCIS on December 18, 2024, these individuals will have their work authorization extended through April 1 of the following calendar year. This action was taken because each year, an average of 26,961 H-1B petitions filed on behalf of cap-gap beneficiaries remain unadjudicated on October 1, thus creating a gap in employment authorization.  In March 2025, USCIS updated the Handbook for Employers, M-274 to align with the final rule.

Contact us with questions about the cap-gap extension period.

Department of State Exercises its Authority to Revoke Visas for Persons in the United States

Executive Order 14188 (EO) on Additional Measures to Combat Antisemitism, signed by President Trump on January 30, 2025, provides for “the removal of resident aliens who violate our laws.” Secretary of State Marco Rubio subsequently announced that individuals who espouse support for Hamas would have their nonimmigrant visas revoked. The Immigration and Nationality Act Section 221(i) gives the Secretary of State discretionary authority to revoke a nonimmigrant visa at any time. The Department of State (DOS) may revoke a visa upon receipt of derogatory information (such as an arrest) without the need for a conviction.

Additionally, DOS, in collaboration with the Department of Homeland Security, is seeking the removal of lawful permanent residents who the government alleges are supporters of Hamas.

Contact us with questions about visa revocations.