On April 2, 2025, United States Citizenship and Immigration Services (“USCIS”) announced it is updating the USCIS Policy Manual to recognize only two biological sexes, male and female, for all immigration-related benefits requests and documentation. Under the guidance, “USCIS considers a person’s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth.” The decision will impact a variety of key documents that the USCIS issues, including green cards, employment authorization documents, and naturalization certificates.
Read moreUSCIS Completes Selections from Electronic Registrations for FY2026 H-1B Cap
On March 31, 2025, United States Citizenship and Immigration Services (“USCIS”) announced they had received enough initial electronic registrations for unique individuals for the fiscal year 2026 (“FY26”) H-1B cap, as well as the advanced degree exemption (master’s cap) and have randomly selected enough properly submitted registrations. The Service has completed the notifications to all employers who submitted online registrations. Those with selected registrations may begin filing H-1B cap subject petitions for FY2026 as of April 1, 2025 and the period to file their petition with the service will be at least 90 days. Petitions may be filed either on paper at the correct filing location or online at my.uscis.gov within the filing period that is indicated on the selection notice.
Read moreDHS Terminates Humanitarian Parole Program for Cuban, Nicaraguan, Haitian, and Venezuelan Nationals
The US Department of Homeland Security (“DHS”) announced the termination of the humanitarian parole program initiated by the Biden administration in 2023 which allowed approximately 532 thousand migrants escaping political and economic upheaval in Cuban, Haiti, Nicaragua, and Venezuelan to travel and live in the US lawfully under certain conditions. Known as the CHNV Parole Programs (“CHNV”), DHS has terminated the programs as of March 25, 2025, and beneficiaries are set to lose their legal status on April 24, or 30 days after the publication of the notice in the Federal Register.
Read moreA New Trump Travel Ban May be Imminent
There has been speculation that the Trump administration is intending to re-institute the Travel Ban from his first tenure which prevented travelers from seven predominantly Muslim nations from entering the US and which was upheld by the Supreme Court in 2018. On March 5, 2025, Reuters reported three anonymous sources had come forward with the news that as soon as next week, based on Trump’s executive order requiring intensified security vetting and identifying security risks per country, a new travel ban could bar people from Afghanistan and Pakistan from entering the US. The New York Times (“Times”) is reporting that this time around, this travel ban would be broader in scope.
Read moreUS Gold Card for US Permanent Residency Plus
As undocumented individuals with and without criminal backgrounds are being deported from the US daily, President Trump announced on February 25th that he will introduce a new visa program catering to high-net-worth individuals “somewhat like a green card, but at a higher level of sophistication” to live permanently in the US for payment of five million dollars. Hailed by Commerce Secretary Howard Lutnick as the “Trump Gold Card”, Trump announced his plan to buy into the road to US citizenship to reporters in the oval office and expanded on his plan during a cabinet meeting on the 26th.
Read moreDepartment of State Updates Guidance on Visa Interview Waivers
On February 18, 2025 The Department of State (“DOS”) announced changes to its policy previously instituted to facilitate visa processing and cut down wait times at US Consulates by offering mail in services for processing visas, foregoing in person interviews for several visa categories. The newly updated guidelines, narrow the pool of nonimmigrant visa applicants that may qualify for an interview waiver making the interview waiver and drop box options available only if the applicant previously held a visa in the same category and their prior visa either expired within the last twelve months or remains valid.
Read moreThe First Two Weeks in Office: Trump’s Anti-immigration Actions
President Donald J. Trump’s first day in office on January 20th, 2025, was sealed by his passing forty-six presidential actions in line with “President Trump’s America First Priorities”. Keeping in line with his campaign promises to eliminate illegal immigration many of his executive orders are targeted at immigration. A few hours into his second term President Trump suspended US asylum, along with refugee, and other humanitarian programs. He also increased security screening of all foreign nationals seeking entry to the US and continued with his campaign to limit birthright citizenship. Let’s examine a few of Trump’s mandates that affect our communities.
Read moreUSCIS Cancels COVID-19 Vaccination Requirement
United States Citizenship and Immigration Services (“USCIS”) announced that effective January 22, 2025, the requirement for applicants seeking adjustment of status to lawful permanent resident status to provide proof of COVID-19 vaccination on their Form I-693 Report of Immigration Medical Examination and Vaccination Record has been removed. USCIS also states that the Service will not issue Requests for Evidence (“RFEs”) or Notices of Intent to Deny (“NOIDs”) asking for proof of COVID-19 vaccination. Furthermore, I-485 Applications to Register Permanent Residency or Adjust Status will not be denied solely on the basis of the applicant’s failure to provide COVID-19 vaccination documentation.
New USCIS Guidance for O-1’s in the AI and Tech Fields
On January 8, 2025, United States Citizenship and Immigration Services (“USCIS”) released new guidance in its policy manual clarifying how the agency assesses evidence for O-1 visa eligibility for individuals with extraordinary ability. The O-1 visa is designed for individuals with extraordinary abilities in the fields of science, arts, education, business, or athletics, as well as those who have achieved notable success in the motion picture or television industry, with recognition at a national or international level. The updates include detailed examples from evolving industries, particularly technology and creative sectors, recognizing the changing landscape of work and innovation, thereby allowing individuals in fields like artificial intelligence, digital media, and other emerging areas to better demonstrate their impact.
Read moreThe H-1B Visa Program is Dividing MAGA
Elon Musk and Vivek Ramaswamy, who until a few days ago were co-leaders of President-elect Trump’s newly created Department of Government Efficiency (“DOGE”) recently ruffled feathers amongst Trump’s MAGA supporters when Ramaswamy and Musk tweeted their support for the H1B program. In a surprising turn of events after having moved to limit H-1Bs during his first term, Trump responded by applauding the program, noting “I have many H-1B visas on my properties. I've been a believer in H-1B. I have used it many times. It's a great program.”
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