H-1B Updates, TPS Changes, and Immigration Policy Shifts You Need to Know
UPCOMING EVENT: BRUNCH & LEARN
Join Monty & Ramirez LLP and the U.S.-Mexico Chamber of Commerce – Houston/The Woodlands/Gulf Coast for a Brunch & Learn with Firm immigration partners, Jacob Monty and Maricela Alvarado. Jacob, a nationally recognized expert in immigration and employment law, will present on “The Impact of Immigration Enforcement on Employers.” Jacob and Maricela will discuss key strategies for responding to ICE actions, minimizing legal risks, strengthening compliance, and addressing employee concerns while protecting your business. The presentation will be followed by an interactive Q&A session, providing attendees with practical insights on navigating immigration enforcement challenges. Don’t miss this opportunity to gain expert guidance and network with industry professionals. Space is limited—register today by visiting this link: https://pp.events/aadKKJXy
FY2026 H-1B Cap Registration Opened March 6, 2025 – But it’s Not too Late!
The H-1B Cap registration for FY2026 officially opened on March 6, 2025, and will remain open until March 22, 2025, at 12:00 PM (EST). Employers can still submit registrations for a chance to secure an H-1B visa for their employees. The process remains electronic, and USCIS has confirmed it will continue operating even in the event of a government shutdown.
Employers who haven’t registered yet should act quickly to gather necessary documents and complete the registration process before the deadline. With high demand expected, it’s also important to explore alternative visa options in case of non-selection. Monty & Ramirez LLP is here to guide you through the process.
Preparing for Increased Immigration Compliance Efforts
The second Trump Administration has heightened enforcement in areas such as I-9 verification and site visits by the Fraud Detection and National Security (FDNS) Directorate. Employers should ensure their HR and management teams are well-trained in Form I-9 compliance and maintain accurate records for all workers to avoid penalties or denials of future applications. A proactive approach can mitigate risk and ensure readiness for potential government inspections or audits. Monty & Ramirez can complete these internal audits if requested.
Changes to Nonimmigrant Visa Waiver Criteria
The Department of State (DOS) has rescinded its previous policy allowing broader waivers of consular interviews for nonimmigrant visa applicants. Effective February 18, 2025, only select applicants, such as diplomatic visa holders and those applying for the same visa category within 12 months of expiration, remain eligible for interview waivers.
As a result, visa applicants should anticipate longer wait times for consular interviews and plan travel accordingly. Employers relying on nonimmigrant workers should prepare for possible delays in visa processing and renewal applications.
What Employers Need to Know About USCIS’s Updated NTA Policy
USCIS’s new policy memorandum on issuing Notices to Appear (NTAs) may impact employers who hire noncitizen workers. The memo clarifies that USCIS will no longer exempt certain categories of removable noncitizens from enforcement actions, meaning that employees found inadmissible or out of status could face removal proceedings more frequently. Employers sponsoring foreign workers should ensure that all visa applications, renewals, and work authorization documents are up to date to avoid potential complications.
This policy also highlights the importance of compliance with immigration laws, especially for companies that rely on H-1B, L-1, or other employment-based visas. If an employee is found to have violated their visa terms, USCIS may issue an NTA, leading to possible deportation proceedings. Employers should work closely with immigration counsel to monitor employee work authorization, maintain proper records, and prepare for any policy shifts that may affect their workforce. Monty & Ramirez LLP is available to help businesses navigate these changes and ensure compliance.
Termination of 2023 Venezuela TPS Designation
The 2023 Temporary Protected Status (TPS) designation for Venezuela will end on April 7, 2025. However, Venezuelans under the 2021 designation will remain in status until at least September 10, 2025. Employers must reverify impacted employees’ Employment Authorization Documents (EADs) before their work authorization expires.
This termination may result in uncertainty for Venezuelan employees who will need to explore other immigration options. Employers should assess their workforce to determine who may be affected and explore potential sponsorship alternatives.
Shortened Redesignation of Haiti for TPS
DHS has shortened Haiti’s TPS extension, now expiring on August 3, 2025. Employers must update records for employees with EADs previously valid until February 3, 2026, as these are now only valid through August 3, 2025.
This adjustment affects thousands of Haitian workers who now have a shorter window to secure alternative immigration solutions. Employers should proactively communicate with affected employees and seek legal guidance on potential options.
USCIS Updates Policy on Employment-Based National Interest Waivers (NIW)
USCIS has refined its criteria for NIW green card applications, emphasizing proof of advanced degrees, progressive experience, and removing STEM-related language that previously favored certain applicants. These updates may impact future NIW filings.
Applicants should work with immigration counsel to ensure their petitions align with the revised standards. Those in non-STEM fields may need to present additional evidence of their qualifications and national interest contributions.
USCIS Updates Policy for O Visa Petitions
USCIS has clarified key elements for O-1 extraordinary ability visa petitions, including allowing separate legal entities owned by the beneficiary to serve as petitioners and expanding the types of evidence accepted. The extent to which these changes will be implemented under the new administration remains to be seen.
This update provides greater flexibility for self-petitioning in the O-1 category, benefiting entrepreneurs and professionals with extraordinary abilities. Companies and individuals should evaluate how these changes may impact eligibility and application strategies.
Bipartisan Bill Introduced to Create Citizenship Pathway for Dreamers
The American Dream and Promise Act of 2025 aims to provide conditional permanent residence for Dreamers. While similar bills have stalled in Congress before, lawmakers stress the urgency of action due to current enforcement efforts.
The passage of this bill could have significant implications for undocumented individuals brought to the U.S. as children. Employers and advocacy groups should monitor legislative developments and support efforts to secure protections for affected workers.
H-1B Self Sponsorship Updates
The U.S. government now permits entrepreneurs to self-sponsor for H-1B visas through their own companies, even if they hold a controlling interest or are sole proprietors. This change aims to attract top-tier talent and stimulate the growth of startups and small businesses, thereby fostering job creation within the United States. Notably, initial approvals for self-sponsored H-1B visas will be limited to 18 months, rather than the standard three years.
Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), Uniting for Ukraine, (U4U) and Family Reunification Parole Programs Paused Indefinitely
The Trump Administration and USCIS has announced an indefinite pause on immigration applications for individuals paroled into the U.S. under Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), Uniting for Ukraine (U4U), and Family Reunification parole programs. This pause affects applications for asylum, Temporary Protected Status (TPS), green cards, naturalization, work permits (I-765), and family petitions (I-130).
As the freeze remains in place, businesses should prepare for potential challenges in obtaining timely EADs for employees in these categories.
March 2025 Visa Bulletin – Final Action Dates
A. Final Action Dates for Employment-Based Visa Applications
For March 2025, USCIS announced it will use the Final Action Dates chart published by the Department of State.s accordingly.
| Employment-Based | All Chargeability | China (Mainland) | India | Mexico | Philippines |
|---|---|---|---|---|---|
| EB-1 | C | 08NOV22 | 01FEB22 | C | C |
| EB-2 | 15MAY23 | 08MAY20 | 01DEC12 | 15MAY23 | 15MAY23 |
| EB-3 | 01DEC22 | 01AUG20 | 01FEB13 | 01DEC22 | 01DEC22 |
| Other Workers | 01FEB21 | 01JAN17 | 01FEB13 | 01FEB21 | 15JAN21 |
| EB-4 / Religious | 01AUG19 | 01AUG19 | 01AUG19 | 01AUG19 | 01AUG19 |
| EB-5 Unreserved | C | 15JUL16 | 01JAN22 | C | C |
| EB-5 Set Asides (All Categories) | C | C | C | C | C |
Need Help Navigating These Changes?
The legal landscape is shifting quickly. Our team is here to help you stay compliant and strategic.
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