Author: Caroline Lee

U.S. Citizenship & Immigration Services (USCIS) announced on December 2, 2024, that it has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2025. The H-1B program for specialty occupations is highly sought after by visa applicants, with a large number of registrations each year. Annually, there is a limit of 65,000 H-1B visas which may be granted under the regular cap and 20,000 H-1B visas which may be allocated under the U.S. advanced degree exemption. With this announcement USCIS also stated that it will be notifying potential applicants of their non-selection from the lottery, through their online accounts. It is not anticipated that any further lottery selections will be made in this fiscal year.

USCIS will of course continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2025 H-1B cap. USCIS will continue to accept and process petitions filed to: 

• Extend the amount of time a current H-1B worker may remain in the United States; 
• Change the terms of employment for current H-1B workers; 
• Allow current H-1B workers to change employers; and 
• Allow current H-1B workers to work concurrently in additional H-1B positions. 

Didn’t receive a cap number in this year’s lottery? We’re already gearing up for the upcoming FY2026 lottery. Be sure to reach out to our firm in January 2025 to enter the lottery for next year!

On Monday, December 2, 2024, U.S. Citizenship & Immigration Services (USCIS) announced that it will now require certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, with their Form I-485 or the Form I-485 may otherwise be rejected. Previously, USCIS permitted applicants to file their Form I-485 without the medical exam and vaccination record, and USCIS would later issue a Request for Evidence for the outstanding items. As a requirement for permanent residence, applicants for adjustment of status generally must complete an immigration medical examination and all required vaccinations and submit a properly completed Form I-693 signed by a civil surgeon to show they are free from health conditions that would render them inadmissible under the health-related grounds.

USCIS stated it made this change, which is effective immediately, to reduce the number of Requests for Evidence issued before adjudicating a Form I-485. The immigration service has revised the Form I-485 instructions to make filing the two forms together a requirement for properly submitted applications.

Questions about this change or adjustment of status in general?  Contact us today to schedule a consultation with a CYA attorney.

USCIS recently announced an upcoming change to the Violence Against Women (VAWA) program.
Starting in December 2024, USCIS will begin conducting interviews for certain VAWA self-petitioners who have both an I-360 and an I-485 pending. USCIS has clarified that not all VAWA self-petitioners will be interviewed and individuals with stand-alone I-360s will not be interviewed at this time. USCIS will continue to adjudicate large portions of its I-360 workload without an interview. Interviews will be conducted at the USCIS Field Office with jurisdiction over the self-petitioner’s residence as listed on Forms I-360 & I-485, and the VAWA self-petitioner must appear in person for the scheduled interview.

USCIS has stated that officers will receive specialized training grounded in a victim-centered approach and that interviews will be conducted in a trauma-informed manner, addressing both I-360 and I-485 eligibility. Per USCIS, this change to include interviews does not alter eligibility requirements or evidentiary standards required by the regulations, and selection for an interview is not necessarily negative or indicative of a particular case outcome.

As for why some VAWA self-petitions will now receive an interview, USCIS decided to begin conducting these interviews in response to a significant increase in filings in recent years and several recent criminal proceedings regarding VAWA fraud, including three large-scale investigations in NY, MA, and MD. USCIS will also begin a larger public awareness campaign regarding VAWA fraud.

As we head into a new presidential administration, it is expected that adjustment cases of all types, including employment, may require an in-person interview. CYA will continue to monitor developments relating to the new administration and possible changes to immigration law and policy.

H-1B cap season is closer than you think!  If you are an employer planning to register one or more employees in the spring lottery for FY 2026, or if you’re an employee whose employer will be registering you, here’s a tip to ensure you’re prepped and ready once the new year hits. Last year, USCIS instituted a new beneficiary-centric process for registration whereby lottery selections are made by unique beneficiary rather than by registration. The final rule went into effect on March 4, 2024, and applied to the fiscal year (FY) 2025 registration process. Starting with the FY 2025 initial registration period, USCIS is now requiring registrants to provide valid passport information or valid travel document information for each beneficiary. The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document. Thus, if your employee has multiple citizenships and holds a passport from more than one country, they will need to select which passport they will use to register, and subsequently use for the H-1B petition if selected in the lottery. Moreover, if your employee does not have a valid passport, now is the time to obtain or renew that passport!  As a reminder, only those with selected registrations are eligible to file H-1B cap-subject petitions.

Questions about the upcoming H-1B cap season?  Schedule a consultation with a CYA attorney today!

On Friday, October 18, several agencies within the Department of Homeland Security signaled forthcoming protections to certain Lebanese nationals currently living in the United States. U.S. Citizenship & Immigration Services (USCIS) published a notice of employment authorization for Lebanese individuals covered by the Deferred Enforced Departure (DED) program for Lebanon. Additionally, Immigration and Customs Enforcement (ICE) published a notice of employment authorization for certain Lebanese students. Moreover, USCIS will publish additional details regarding a planned Temporary Protected Status (TPS) designation for Lebanon in a forthcoming Federal Register notice. The designations are a positive step forward for DED- and TPS-eligible Lebanese nationals, as they will be allowed to work and temporarily remain in the United States.

The Department of State published information in the Federal Register about the online registration process for FY2026 diversity visas (DVs). Up to 55,000 immigrants can enter the United States each year from countries with low rates of immigration to the United States. The DV Program requires the principal DV applicant to have a high school education, or its equivalent, or two years of qualifying work experience as defined under provisions of U.S. law.

The online registration period for the DV-2026 program begins on Wednesday, October 2, and concludes on Tuesday, November 5. With the exception of Cuba, which is not eligible for DV-2026, there were no changes in eligibility from the previous fiscal year.

On August 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security, administratively stayed the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), from granting parole-in-place (PIP) under the Biden Administration’s Keeping Families Together program for another 14 days. In the meantime, USCIS can continue to accept and review PIP applications but cannot grant parole.

To comply with the district court’s administrative stay, USCIS will:

• Not grant any pending parole in place requests under Keeping Families Together.
• Continue to accept filings of the Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.
• Continue to schedule biometric appointments and capture biometrics at Application Support Centers (ASCs).

The program, announced by the Biden Administration on June 18, 2024 and officially implemented on August 19, 2024, is a process for certain noncitizen spouses and noncitizen stepchildren of U.S. citizens to request parole-in-place under existing statutory authority.  If granted parole, and if otherwise eligible, these noncitizens may apply for adjustment of status to that of a lawful permanent resident without having to leave the United States and be processed by a U.S. consulate overseas. The district court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued at 6:46 p.m. Eastern Time on August 26, 2024.

If you have questions about the Keeping Families Together program, please schedule a consult with a CYA attorney today!

On Wednesday, May 22, the U.S. District Court for the Southern District of Florida struck down a key part of Gov. Ron DeSantis’ anti-immigrant law. Section 10 of Senate Bill 1718 made it a crime to drive an immigrant who entered the U.S. without inspection into Florida.

The law has deeply impacted immigrants and communities of color at large. Something as simple as a trip to the grocery store or driving to a doctor’s appointment became potentially dangerous and put large numbers of residents at risk of being arrested, charged, and prosecuted with a felony. The American Civil Liberties Union, ACLU of Florida, Americans for Immigrant Justice, American Immigration Council, and the Southern Poverty Law Center successfully sought a preliminary injunction of Section 10 on behalf of the Farmworker Association of Florida and various impacted individuals, arguing that Section 10 unconstitutionally inserts the state into immigration enforcement. The court agreed that the law is likely unconstitutional, and temporarily blocked Section 10 from going into effect. It is expected that the Florida Attorney General’s office will appeal the ruling.

Some good news for DACA (Deferred Action for Childhood Arrivals)! Under a new rule promulgated by the Biden Administration, federal healthcare coverage will be available to DACA recipients for the first time since DACA was implemented more than 10 years ago. The new rule will allow DACA recipients to enroll in a qualified health plan through the Affordable Care Act insurance marketplace or become eligible for coverage through a basic health program. Up until this point, DACA beneficiaries had been barred from accessing federally funded health insurance despite contributing billions in federal taxes. It is estimated that there are about 580,000 DACA recipients living, working, and studying in the U.S. The addition of federal healthcare coverage is a welcome step for the program.

The Department of Homeland Security (DHS) published a temporary final rule that will increase the automatic extension period applicable to certain expiring Employment Authorization Documents (EADs) to up to 540 days from the expiration date stated on the EADs. The temporary final rule is effective as of April 8, 2024. DHS is effecting these changes to prevent renewal applicants from experiencing a lapse in their employment authorization and documentation. Without this temporary rule, DHS estimates that approximately 800,000 renewal EAD applicants would be in danger of having their applications remain pending beyond the current 180-day auto-extension period because of USCIS processing delays. Thus, the 540-day extension is a welcome and necessary update. Comments on the temporary final rule are due by June 7, 2024.