January and February 2025 have been some of the most active months in the field of immigration law. We are pleased to share the latest updates, from sweeping executive actions to significant changes in immigration policy and enforcement implementation, as well as how employers can prepare for the upcoming H-1B cap registration season
H-1B Cap Registration for Fiscal Year 2026. United States Citizenship and Immigration Services (USCIS) recently announced that this year’s initial H-1B Registration period will run from March 7, 2025, to March 24, 2025. Each registration will cost $215.00. Because H-1B selections take place after the initial registration period closes, there is no need to register on the day the initial registration period opens. Only H-1B Registrations selected under this process would be eligible to file H-1B Cap Subject Petitions this year.
The H-1B nonimmigrant visa is one of the most highly utilized and sought-after temporary work visas. It facilitates the employment of foreign nationals entering the United States to perform employment in “specialty occupations,” which are generally defined as occupations requiring at least a bachelor’s degree or equivalent to perform temporary duties in the United States. Please note that employer petitioners may submit only one (1) H-1B Registration per H-1B applicant.
The H-1B visa is limited to 85,000 visa petition submissions per cap season and employment start dates occur on October 1 of each government fiscal year. H-1B visa petition submissions to USCIS may be filed up to 180 days in advance of the commencement of employment.
How Employers Can Plan for the H-1B Cap Season:
- Identify the foreign national(s) to be sponsored for H-1B visa status.
- Choose the job in a specialty occupation to be offered to the foreign national.
- Decide the salary to be offered to the foreign national.
- Assess employees’ qualifications.
- Contact your immigration attorneys to start gathering the relevant documentation and devising a winning case strategy.
Litigation related to Birthright Citizenship Executive Action. On January 21, 2025, President Trump issued an Executive Action that effectively ended granting U.S. citizenship to individuals born in the U.S. without at least one U.S. citizen or lawful permanent resident parent (green card holder). The far-reaching Executive Order would impact children of undocumented immigrants and of lawful temporary visitors, students, and workers in the U.S.
On February 5, 2025, a U.S. District Court Judge in Maryland issued a nationwide injunction that indefinitely blocks the Executive Order’s attempt to end birthright citizenship for all children born in the U.S. The District Court Judge noted that “The executive order conflicts with the plain language of the 14th Amendment, contradicts 125-year-old binding Supreme Court precedent and runs counter to our nation’s 250-year history of citizenship by birth.” On February 6, 2025, a U.S. District Court Judge in the Western District of Washington issued another nationwide injunction effectively blocking the Trump Administration’s Birthright Citizenship Executive Action. We will continue to monitor developments related to birthright citizenship and provide timely updates.
TPS for Venezuelans. On February 1, 2025, the U.S. Department of Homeland Security (DHS) terminated the 2023 Temporary Protected Status (TPS) Designation for Venezuela (Effective April 7, 2025). This means that TPS recipients from Venezuela who received these protections in 2023 will not continue to enjoy these protections (e.g. work authorization and protection from deportation) after April 7, 2025. It is estimated that over 300,000 TPS recipients from Venezuela currently in the U.S. will lose their TPS status under this DHS action. Note, TPS recipients from Venezuela who received TPS in 2021 will continue to enjoy TPS protections until September 10, 2025.
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