U.S. Immigration Alerts

FGI FIVE: U.S. Immigration News Summary – Week of April 01, 2025

USCIS: FY 2026 H-1B initial registration selection process completed

• U.S. Citizenship and Immigration Services has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2026 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). 
• USCIS has randomly selected enough beneficiaries with properly submitted registrations projected as needed to reach the H-1B cap and have notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries. Registrants’ online accounts will display a registration status.

USCIS to begin accepting online filing of H-1B cap petitions on April 1, 2025

• U.S. Citizenship and Immigration Services (USCIS) has begun notifying petitioners of selected registrations for this year’s H-1B cap lottery. 
• On April 1, 2025, USCIS will begin accepting online filing for H-1B cap petitions and associated Form I-907 for petitioners whose registrations have been selected. 
• Petitioners may file an H-1B petition no more than six (6) months before the employment start date requested for the beneficiary. Petitioners should ensure that all required documentation is accurate and submitted in a timely manner to avoid delays or denials.
• An H-1B cap-subject petition must be properly filed at the correct filing location or online at my.uscis.gov and within the filing period indicated on the relevant selection notice. 
• Petitioners must also submit evidence of the beneficiary’s valid passport or travel document used at the time of registration to identify the beneficiary
• The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners must include a copy of the applicable selection notice with the FY 2026 H-1B cap-subject petition.
• Petitioners filing for selected beneficiaries based on their valid registration must still submit evidence or otherwise establish eligibility for petition approval, as registration and selection only pertains to eligibility to file the H-1B cap-subject petition.
• Petitioners also have the option of filing a paper Form I-129 H-1B petition and associated Forms I-907 for petitioners whose registrations have been selected. 

SOURCE: www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-cap-season

DHS: Immigration watchdog offices closed

• According to reports, the Department of Homeland Security’s (DHS) Citizenship and Immigration Services Ombudsman’s office has closed and its employees have been terminated, along with the offices of the Immigration Detention Ombudsman and Civil Rights and Civil Liberties. 
• The Office for Civil Rights and Civil Liberties was created by the Homeland Security Act of 2002, with the mission of protecting civil liberties in the department created in the wake of the Sept. 11 attacks. It investigates hundreds of complaints a year about the agency’s mission and recommends changes as necessary.
• The Office of the Immigration Detention Ombudsman is an independent office within Homeland Security — not connected to either Immigration and Customs Enforcement or Customs and Border Protection. Its job it is to make sure immigration detention facilities are safe and humane.
• The Office of the Citizenship and Immigration Services Ombudsman is another independent office in the department responsible for helping people or businesses resolve issues with the agency that oversees immigration benefits.

SOURCE: ABIL Newsletter, March 23, 2025; “Trump topples civil rights offices at DHS,” The Hill: thehill.com/homenews/administration/5208342-dhs-eliminates-civil-rights-office/; and Federal News Network, “Homeland Security Makes Cuts to Offices Overseeing Civil Rights Protections,” Federal News Network, March 24, 2025: Homeland Security makes cuts to offices overseeing civil rights protections

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

• E-Verify announced that Section 7.4.2. of the Handbook for Employers, M-274, has been updated to reflect the 12/18/24 DHS final rule that automatically extends the duration of status and any employment authorization granted under 8 CFR §274a.12(c)(3)(i)(B) or (C) for an F-1 student who is the beneficiary of an H-1B petition requesting a change of status.
• The final rule changes the automatic extension end date from October 1 to April 1 of the fiscal year for which the H-1B status is being requested or until the validity start date of the approved petition, whichever is earlier. See 8 CFR 214.2(f)(5)(vi)(A). 

SOURCE: ALIA Doc. No. 25032603: E-Verify Updates Form I-9 Handbook to Reflect Final Rule for Eligible F-1 Students

Feedback on DHS’s proposed social media rule due May 5, 2025

• The Department of Homeland Security (DHS) has issued a notice asking for public commentary on its plan calling for uniform vetting standards and screening people for grounds of inadmissibility to the U.S., as well as identify verification and national security screening. It seeks to collect social media handles and the names of platforms, although not passwords.
• The proposed rule is meant to comply with the Trump administration’s executive order titled, “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” 
• The policy seeks to require people to share their social media handles when applying for U.S. citizenship, green card, asylum and other immigration benefits. The proposal is open to feedback from the public until May 5.

SOURCE: Associated Press, March 30, 2025: https://apnews.com/article/social-media-immigration-applicants-handles-dhs-f67b480abebff7e451056be17572593d

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.