FY2026 H-1B Cap Registration Will Open March 7, 2025
H-1B “Cap Season” is once again upon us. The Cap refers to annual numerical limit on H-1B visas. A large number of H-1B filings are expected again in the upcoming year. Once the Cap is reached, the category closes, and it will not be possible to file a new H-1B Cap case until next year. Prospective H-1B cap-subject petitioners or their representatives are required to register each beneficiary electronically for the selection process (or “lottery”). USCIS has announced that the initial registration period for the FY2026 H-1B cap will open at 12:00 PM (EST) on March 7, 2025, and close at 12:00 PM (EST) on March 24, 2025. USCIS has confirmed that in the event of a government shutdown, it will continue to support the H-1B application process.
Contact us with questions about H-1B status.
Preparing for Changes in Immigration Compliance Efforts
It is expected that the second Trump Administration will bring changes in the areas of I-9 employment verification enforcement and site visits by the Fraud Detection and National Security (FDNS) Directorate of USCIS. The FDNS is tasked with preventing immigration benefit fraud by verifying the accuracy of information provided as part of the immigration process, including information provided in connection with petitions for temporary work visas such as H-1Bs and L-1s.
To be ready for I-9 enforcement, employers should ensure that their HR departments, legal teams, and hiring managers are well-trained in the proper procedures for Form I-9 verification. Training should focus on completing and retaining I-9 forms accurately and taking corrective action when necessary and lawful. To be ready for FDNS site visits, employers should maintain accurate, up-to-date records for all foreign workers. This includes keeping detailed records of job descriptions, compensation, and worksite locations. Additionally, employers should ensure that their actual employment practices align with the terms outlined in their visa petitions. If FDNS officials find discrepancies between the petition and the employee’s actual working conditions, it can result in the denial of future applications or penalties.
Contact us about our training programs designed to ensure that employers are prepared for I-9 enforcement activities and FDNS site visits.
DOS Changes Nonimmigrant Visa Waiver Criteria at Consular Posts
Until February 18, 2025, consular posts permitted visa applicants to request a waiver of the consular interview if they were applying for any nonimmigrant visa classification and had previously been issued a nonimmigrant visa in any classification (except for those whose only prior issued visa was a B visa), This applied to applicants who were applying within 48 months of their most recent nonimmigrant visa expiration date. However, that policy was rescinded on February 18. The Department of State (DOS) limited the categories of applicants that may be eligible for an interview waiver to:
- Applicants classifiable under the visa symbols A-1, A-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1;
- Applicants for diplomatic- or official-type visas; and
- Applicants who previously held a visa in the same category that expired less than 12 months prior to the new application.
Contact us with questions about nonimmigrant visas, interviews, and interview waivers.
Secretary of Homeland Security Announces 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 decided to terminate TPS under the 2023 designation for Venezuela. TPS and related benefits (including Employment Authorization Documents or EADs) associated with the 2023 designation will end on April 7, 2025. As for the 2021 designation, TPS designation holders will remain in status (and their EADs will remain valid) until September 10, 2025, with an announcement regarding extension or termination by July 12, 2025.
Some individuals with Venezuelan TPS have EADs with expiration dates of October 2, 2026. USCIS is in the process of invalidating those cards.
USCIS has provided the following guidance on completing Forms I-9 for Venezuelans in TPS status:
EADs with a Category Code of A12 or C19 and a Card Expires date of March 10, 2024, or Sept. 9, 2022, associated with the 2021 TPS designation of Venezuela expire on March 10, 2025. Employers must reverify 2021 TPS Venezuela beneficiaries who presented these EADs before they start work on March 11, 2025. Beneficiaries of the 2023 TPS Venezuela designation who presented an EAD with a Category Code of A12 or C19 and an expiration date of April 2, 2025, must be reverified before they start work on April 3, 2025.
Contact us with questions about TPS and I-9 compliance.
Department of Homeland Security Secretary Noem Shortens Redesignation of Haiti for TPS
On February 20, 2025, the Department of Homeland Security (DHS) announced the partial vacatur (cancellation) of the July 1, 2024 notice extending and redesignating Temporary Protected Status (TPS) for Haiti. The vacatur explicitly states that:
- Forms I-765 filed pursuant to the July 1, 2024, notice that are still pending will be adjudicated. A favorable adjudication will result in the issuance of an EAD bearing an expiration date of August 3, 2025.
- TPS beneficiaries who have received an EAD bearing category code A12 or C19 and an expiration date of February 3, 2026, may only work until August 3, 2025. USCIS will not issue new EADs bearing the August 3, 2025, expiration date.
Employers that previously accepted or are presented with an EAD bearing category code A12 or C19 and designating Haiti with expiration date of February 3, 2026, must update their records to note the document is only valid through August 3, 2025.
Contact us with questions about the Haitian TPS designation and I-9 compliance.
USCIS Updates its Policy Manual on Employment-Based National Interest Waivers
Typically, foreign nationals seeking a green card in the Employment-Based 2nd Preference classification reserved for advanced degree professionals must first obtain a labor certification from the US Department of Labor (DOL) before filing a petition with USCIS. However, USCIS can waive the labor certification requirements if doing so is in the national interest; this is known as a national interest waiver.
Between 2022 and 2025 the number of requests for national interest waivers filed with USCIS increased substantially, as have Request for Further Evidence (RFEs) in cases where USCIS has doubts about whether the legal standard has been met. As a result, on January 15, 2025, USCIS updated its Policy Manual to refine its standards for National Interest Waivers (NIW). Highlights of the updates include the following:
- An applicant must establish that s/he has an advanced degree or is an individual of exceptional ability. If this threshold issue is not established, USCIS will issue an RFE, Notice of Intent to Deny (NOID), or denial without analyzing any other elements of the petition.
- If the beneficiary seeks to qualify as an advanced degree professional based on a bachelor’s degree plus five years of experience, s/he must show that the progressive experience is related to the bachelor's degree.
- The policy manual was amended to remove a reference to “U.S. competitiveness in STEM field,” language that had encouraged adjudications that would advance STEM talent in critical and emerging fields.
Contact us with questions about NIW green card filings.
USCIS Updates its Policy Manual for O Visa Petitions
On January 8, 2025, USCIS outlined key changes for petitioners seeking O visas reserved for aliens of extraordinary ability. It remains to be seen whether the Trump Administration will fully implement the changes as written. The update, highlighted below, should prove beneficial for both petitioners and beneficiaries:
- Although an O beneficiary cannot also be an individual petitioner filing on their own behalf, a separate legal entity owned by the beneficiary may serve as the petitioner.
- USCIS updated the list of evidence that does not directly correspond to the regulatory criteria or may not be comparable evidence but can demonstrate that an O-1A beneficiary possesses extraordinary ability. The list includes a letter or other documentation from an interested government agency, including a quasi-governmental entity, attesting to the beneficiary’s sustained national or international acclaim.
- The Policy Manual now provides examples of what constitutes an event or activity, including a scientific project, a lecture series, a tour, an academic year, and an engagement. When the activity or event changes, officers may grant an extension of stay for the period required to accomplish the new event or activity, not to exceed three years.
Contact us with questions about O visas.
Bipartisan Group of Lawmakers Introduced a Bill That Would Create a Legal Pathway to Citizenship for Dreamers
The American Dream and Promise Act of 2025, introduced on February 26, 2025, would grant conditional permanent residence for ten years to eligible undocumented immigrants brought to the US as children (known as Dreamers). The bill was introduced by Sylvia Garcia (D-TX) and Jayapal (D-WA), alongside Reps. Nydia Velázquez (D-NY), Yvette Clarke (D-NY), Maria Elvira Salazar (R-FL), Zoe Lofgren (D-CA), Lou Correa (D-CA), Judy Chu (D-CA), and Delia Ramirez (D-IL). The legislation has been cosponsored by 201 members of Congress and endorsed by nearly 120 organizations. While previous versions of the American Dream and Promise Act failed to pass in Congress, lawmakers behind the latest effort stress the current urgency of action given the Administration’s ongoing enforcement efforts.
Any advancements made toward the passage of this Act will be included in future newsletters.