U.S. Immigration Alerts

FGI FIVE: U.S. Immigration News Summary – Week of February 19, 2025

Department of State releases Visa Bulletin for March 2025: EB-2 and EB-3 dates in most countries show advancement

On February 11, 2025, the U.S. Department of State (DOS) issued its monthly Visa Bulletin for March 2025. Final Action Dates for EB-2 and EB-3 India and China show some advancement. In addition, USCIS confirms it will be accepting adjustment of status applications based on the Final Action Dates chart in March 2025. 

• EB-1 All Areas of Chargeability: No change
• EB-2 China: Advances by two weeks to 08 MAY 2020
• EB-2 India: Advances by six weeks to 01 DECEMBER 2012
• EB-2 Worldwide: Advances by six weeks to 15 MAY 2023
• EB-3 Professional/Skilled China: Advances by one month to 01 AUGUST 2020
• EB-3 Professional/Skilled – India: Advances by six weeks to 01 FEBRUARY 2013
• EB–3 Professional/Skilled – Worldwide: No change. 
• EB-3 Other Workers China: No change.
• EB-3 Other Workers India: Advances by six weeks to 01 FEBRUARY 2013
• EB-3 Other Workers Philippines: Advances by five weeks to 15 JANUARY 2021. 
• EB-3 Other Workers Worldwide:  Advances seven weeks to 01 FEBRUARY 2021. 
• EB-5 All Areas of Chargeability: No change

Final Action Dates Chart – March 2025

Dates for Filing Chart – March 2025

SOURCE:  US Department of State, February 11, 2025:  visabulletin_March2025.pdf

State Department revises eligibility requirements for Visa Interview Waiver appointments

• The Department of State’s (DOS) have changed eligibility requirements for Visa Interview Waiver (or “Dropbox”) appointments on their consular websites effective immediately. 
• Applicants had been eligible for such appointments if they held an approved nonimmigrant visa in any category that had expired within the past 48 months. 
• Based on consular websites, it appears that only those whose prior visas in the same category that expired within the past 12 months remain eligible.
•  This change will likely result in increased demands for in-person visa appointments, longer wait times for visa interview scheduling, and potential travel disruptions who had planned to use the Dropbox option. 

SOURCE: Department of State Visa Appointment Service (US Travel Docs): USTravelDocs

Office of Foreign Labor Certification releases public disclosure data and selected program statistics for Q1 of fiscal year 2024

• The Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) recently implemented the revised form ETA-9089. As a result, there will be two distinct PERM disclosure data files. These files will each have their own record layout documents.
• The public disclosure files include all final determinations OFLC issued for these programs during the October 1, 2024 through December 31, 2024 reporting period of fiscal year 2025.
• OFLC has also released selected program statistics for the first quarter of fiscal year 2025 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.
• Both the public disclosure files and selected program statistics can be accessed at: Performance Data | U.S. Department of Labor

SOURCE: U.S. Department of Labor, February 14, 2025: Announcements | U.S. Department of Labor

OFLC announces deletion of older records in FLAG system

• On February 14, 2025, the Department of Labor’s Office of Foreign Labor Certification (OFLC) announced that records more than five years old will be deleted from the Foreign Labor Access Gateway (FLAG) System beginning on March 20, 2025. 
• OFLC explained that deletions of eligible case records will be based on the final determination date recorded in the FLAG System for each case. 
• OFLC advises stakeholders to download before the deadline any records they would like to retain that are older than five years from the determination date.
• OFLC said the following programs will be affected by this implementation:

• • Prevailing Wage Determinations (PWD)
  • Permanent Labor Certification Applications (PERM)
  • Temporary Labor Certification Applications (H-2A, H-2B, CW-1 visas)
  • Temporary Labor Condition Applications (H-1B, H-1B1, and E-3 visas)

SOURCE: U.S. Department of Labor, February 17, 2025: Foreign Labor Certification | U.S. Department of Labor

Reminder: H-1B cap lottery for FY 2026 to be held from March 7, 2025 to March 24, 2025

• The H-1B cap lottery opens on March 7, 2025 at noon ET and will close on March 24, 2025 at noon ET. 
• USCIS intends to finalize the L-1B lottery results by March 31, 2025, and lottery winners have ninety (90) days from April 1, 2025 to file H-1B petitions. 
• This year, the H-1B lottery registration fee will increase from $10 to #215 per registration. 
• 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.  
• The H-1B modernization rule, which became effective on January 17, 2025, will be in effect for this year’s registration process. Applicants and their attorneys may wish to consult the provisions of the rule when preparing petition. A short summary of the rule can be found on the USCIS website at DHS Announces H-1B Modernization Final Rule to Improve Program Integrity and Efficiency | USCIS

SOURCE: U.S. Citizenship and Immigration Services, USCIS Newsroom: FY 2026 H-1B Cap Initial Registration Period Opens on March 7 | 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.