U.S. Immigration Alerts

FGI FIVE: U.S. Immigration News Summary – Week of February 11, 2025

Nationwide injunction against the White House’s birthright citizenship executive order

• On February 5, 2025, U.S. District Judge Deborah Boardman issued a preliminary injunction against the White House’s executive order which aims to curb birthright citizenship. This injunction is nationwide which the judge deemed necessary as it concerns the issue of citizenship. 
• The executive order (EO) aimed to deny citizenship to children born in the U.S. after February 19, 2025, without at least one parent who is a U.S. citizen or a U.S. permanent resident. 
• The preliminary injunction will likely remain in effect until either the court determines the EO’s legality or a higher court overturns the injunction. 
• Foreign nationals should contact an attorney if they believe that their children will be affected if the EO goes into effect. 

SOURCE: ABC News/MSN, February 5, 2025: Judge issues nationwide injunction blocking Trump’s bid to end birthright citizenship 

FY 2026 H-1B Cap initial registration period opens on March 7, 2025

• On February 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025. 
• During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.
• Prospective H-1B cap-subject petitioners or their representatives are required to use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated $215 H-1B registration fee for the registration submitted on behalf of each beneficiary.
• H-1B petitioning employers who do not have a USCIS online account will need to create an organizational account. H-1B petitioning employers who had an H-1B registrant account for the FY 2021 – FY 2024 H-1B registration seasons, but did not use it for FY 2025, will have their existing account converted to an organizational account after their next log in. 
• First-time registrants can create an account at any time. Additional information and resources on the organizational accounts, including a link to step-by-step videos, can be found on the Organizational Accounts Frequently Asked Questions page. These FAQs will be updated with FY 2026 information before the start of the initial registration period.
• Representatives may add clients to their accounts at any time, but both representatives and registrants must wait until March 7 to enter beneficiary information and submit the registration with the $215 fee. Selections take place after the initial registration period closes, so there is no requirement to register on the day the initial registration period opens.
• The FY 2026 H-1B cap will use the beneficiary-centric selection process launched in FY 2025. Under the beneficiary-centric process, registrations are selected by unique beneficiary rather than by registration. If USCIS receives registrations for enough unique beneficiaries by March 24, USCIS will randomly select unique beneficiaries and send selection notifications via users’ USCIS online accounts. 
• USCIS reserves the right to extend the registration period based on the number of registrations received and open other registration periods during the fiscal year based on petitions approved and visas granted.  
• For additional information, please consult the USCIS’s website at: FY 2026 H-1B Cap Initial Registration Period Opens on March 7 | USCIS

SOURCE: USCIS Newsroom, February 5, 2025: FY 2026 H-1B Cap Initial Registration Period Opens on March 7 | USCIS

Department of Labor updates PERM and PWD processing times for February 2025

The Department of Labor (DOL) has updated its processing times for prevailing wage determinations (PWD) and PERM applications for February 2025. 

• As of February 1, 2025:
  •  DOL has been processing H-1B prevailing wage determinations (PWDs) filed in July 2024 (OES and Non-OES) or earlier.
  • DOL has been processing PWDs for PERMs filed in July 2024 (OES and Non-OES) or earlier.
  • DOL has been processing H-1B redeterminations filed in November 2024 or earlier. 
  • DOL has been processing PERM redeterminations filed in October 2024 or earlier. 
  • DOL has been processing H-1B Center Director reviews requested in August 2024 or earlier.
  • DOL has been processing PERM Center Director reviews requested in April 2024 or earlier.
• Below is PERM processing information for both priority dates and average number of days to process applications as of February 1, 2025:

PERM Processing Times

Average Number of Days to Process PERM Applications

SOURCE: Department of Labor: Processing Times | Flag.dol.gov

USCIS Updates Guidance on EB-2 National Interest Waiver Visas

• On January 15, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it has updated its policy guidance to clarify how the agency evaluates eligibility for the second preference employment-based (EB-2) classification for immigrant petitions filed with a request for a national interest waiver (NIW).
• The new guidance explains that for advanced degree professionals seeking an NIW, USCIS considers whether the occupation in which the petitioner proposes to advance an endeavor is a profession and, if applicable, whether the five years of post-bachelor’s experience is in the specialty. 
• The guidance also states that for persons of exceptional ability seeking an NIW, the exceptional ability must relate to the endeavor proposed as part of the NIW request. USCIS said it determines the relationship of exceptional ability to the proposed endeavor “on a case-by-case basis, considering any shared skillsets, knowledge, or expertise.”
• In addition, the new guidance—which builds on a previous Policy Manual update that discussed the unique considerations for persons with advanced degrees in science, technology, engineering, and mathematics fields and entrepreneurs—provides information about how USCIS evaluates whether a proposed endeavor has national importance and explains how the agency evaluates evidence, such as letters of support and business plans, when determining whether a person is well-positioned to advance an endeavor.
• This guidance, in Volume 6, Part F, Chapter 5 of the Policy Manual, applies to requests pending or filed on or after the publication date. The guidance is controlling and supersedes any related prior guidance, USCIS said.

SOURCE: USCIS Newsroom, January 15, 2025: USCIS Updates Guidance on EB-2 National Interest Waiver Petitions | USCIS

EOIR’s anti-fraud program established

On February 5, 2025, Sirce Owen, Acting Director of the Department of Justice’s Executive Office for Immigration Review (EOIR), announced a renewed anti-fraud emphasis. The memo states that EOIR “is committed to re-establishing a robust and effective Anti-Fraud Program” that will:

• Provide resources to employees on how to identify and report instances of suspected fraud (particularly asylum fraud);
• Coordinate with investigative authorities to respond to instances of fraud; and
• Notify appropriate authorities of instances of fraud, misrepresentation, or abuse involving attorneys or accredited representatives.

SOURCE: EOIR Issues Memo on Re-Establishing a Robust Anti-Fraud Program. AILA Doc. No. 25020600.

Reminder: USCIS waives COVID-19 vaccination requirement 

for Adjustment of Status applicants

• Effective January 22, 2025, USCIS is waiving any and all requirements that applicants for adjustment of status to that of a lawful permanent resident present documentation on their Form I-693, Report of Immigration Medical Examination and Vaccination Record, that they received the COVID-19 vaccination. 
• USCIS will not issue any Request for Evidence or Notice of Intent to Deny related to proving a COVID-19 vaccination.
• USCIS will not deny any adjustment of status application based on the applicant’s failure to present documentation that they received the COVID-19 vaccination.

SOURCE: USCIS Newsroom, January 23, 2025: USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants | USCIS

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.