📰 Immigration News Bulletin - April/May 2025
- GG&W Admin
- May 1
- 6 min read
Fiscal Year (FY) 2026 H-1B Initial Registration Selection Process Completed
The USCIS recently announced that it had received enough electronic registrations to reach the 2026 FY H-1B cap as well as the additional H-1B master’s cap exemption. As part of the registration process, the USCIS also informed the public that they have randomly selected enough beneficiaries with properly submitted registrations to reach these H-1B numerical limitations and that all prospective petitioners with selected beneficiaries have been notified.
All selected beneficiaries must file their H-1B petitions by June 30, 2025 in order to ensure their selection and their chance at an H-1B nonimmigrant visa pursuant to the FY2026 cap. We are hopeful that after the initial filing period is completed, a second selection round will occur for cases that were already registered as has occurred in prior years (note no new registrations will be allowed).
GG&W will keep monitoring this situation as developments arise. Please also feel free to contact our office regarding alternatives for those not selected in the H-1B lottery.
Alien Registration Requirement Effective April 11, 2025
Beginning on April 11, 2025, The Department of Homeland Security (DHS) initiated a registration process for foreign nationals not already registered. The interim final rule introducing the new registration Form G-325R for biographic information also reminds every registered foreign national 18 years of age or older that they must carry proof of their registration. Generally speaking, most lawful permanent residents (green card holders), most individuals who have entered the U.S. under a valid nonimmigrant visa, and those who have an employment authorization document (EAD) are just several examples of foreign nationals already considered registered for purposes of this rule.
Specifically, per the USCIS website, anyone who has been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) has already registered. Also, anyone who submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) and was not issued one of the pieces of evidence designated at 8 CFR 264.1(b), has complied with the registration requirement of INA 262.
Aliens who have already registered include:
Lawful permanent residents;
Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
Aliens whom DHS has placed into removal proceedings;
Aliens issued an employment authorization document;
Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and
Aliens issued Border Crossing Cards.
Who is not registered?
Anyone who has not applied to the Department of State for a visa, been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b), or has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered.
Aliens who have not registered include:
Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who crossed the border illegally);
Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and
Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).
The USCIS website and regulations also provides the following regarding those who must register:
If you fall into the “Who is not registered?” section above, then you must register. This includes:
All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days;
The parents or legal guardians of aliens less than 14 years of age: Parents or legal guardians must apply for the registration of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, before the expiration of those 30 days; and
Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.
The link below provides more guidance regarding this Alien Registration Requirement.
Note that failure to register may be punishable by fines up to $5,000 and/or imprisonment up to six months and failure to carry proof of registration is punishable by fines up to $5,000 and/or imprisonment up to 30 days.
If you have any questions about this new rule and registration requirement, please contact our office.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice.
DHS to Begin Screening Noncitizens’ Social Media Activity for Antisemitism
USCIS announced that, as of 4/9/25, it will begin considering noncitizens’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests. This will immediately affect noncitizens applying for lawful permanent resident status, foreign students, and noncitizens affiliated with educational institutions linked to antisemitic activity. Under this guidance, USCIS will consider social media content that indicates a noncitizen endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests. The guidance is effective immediately.
Please see a link to this announcement below:
Federal Judge Issues Order Postponing Decision to Vacate TPS Venezuela
On March 31, Judge Chen of the N.D. of California granted Plaintiff National TPS Alliance, et. al's Motion to Postpone the DHS Secretary's Decision to Vacate the Termination of the TPS Venezuela 2023 designation, which was set to be terminated on April 4, 2025. Thus, E-verify and the DHS announced that TPS status for Venezuelan nationals will remain in effect in light of Judge Chen’s order “until DHS obtains relief from that order.” Further, the validity of EADs with a Card Expires date of 9/10/25, 4/2/25, 3/10/24, or 9/9/22 issued under the Venezuela TPS designations are similarly extended through 4/2/26, pending further litigation.
Please feel free to contact our office to determine how this may effect your TPS status as a Venezuelan national, including any new registrations/re-registrations that may be required.
Federal Judge Order Suspends Termination of Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV) Parole Program
On April 14, 2025, the United States District Court for the District of Massachusetts issued a preliminary Injunction Order staying parts of the March 25, 2025 Federal Register notice titled, “Termination of Parole Process for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV).” See Svitlana Doe, et al., v. Noem, et. al., No. 25-cv-10495 (D. Mass. Apr. 14, 2025). Pursuant to the order, the parole termination notices that were sent to aliens from Cuba, Haiti, Nicaragua, and Venezuela pursuant to the Federal Register notice are stayed and therefore not currently in effect nationwide. No new requests for CHNV parole will be processed.
Please be advised that this order may be temporary as this matter is adjudicated by the federal courts. GG&W will continue to advise as developments arise.
DS-160 Updates – Nonimmigrant Visa Processing
GG&W has been made aware through the American Immigration Lawyers Association (AILA) and client emails that there may be a new requirement being enforced by U.S. embassies/consulates abroad that requires that DS-160 forms for nonimmigrant visa (NIV) applicants be submitted at least 48 working hours before a visa interview. Clients have forwarded our office emails directly stating the following:
U.S. Visa Appointment — Important Information About Updating DS-160
Dear Applicant,
You must bring a printed copy of the DS-160 confirmation page to your appointment. Additionally, the DS-160 number displayed on your confirmation page must match the DS-160 number entered in your online appointment account. Please note that you must sign and submit your DS-160 application form at least 2 business days prior to attending your appointment. Failure to do so will result in entry being denied and rescheduling your appointment.
You will not be allowed entry into the embassy if you do not have a printed DS-160 confirmation that matches the number on your online appointment account. If your barcode numbers do not match, you will be required to reschedule your appointment to proceed with your visa application.
To avoid being turned away at their NIV interview, GG&W strongly advises all applicants to submit their DS-160 forms more than two business days in advance of their schedule appointment and for the DS-160 number to match the NIV appointment confirmation page required for admission into the U.S. embassy/consulate.
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