H-1B FY 2026 Registration, TPS Revocation, DACA, Laken Riley, ICE Worksite Visits & More
2023 Designation of TPS Revoked: Impact on Employers
Employers with Venezuelan workers on Temporary Protected Status (TPS) should be aware of a major policy change. On Feb. 3, 2025, DHS under new DHS Secretary Kristi Noem vacated the Jan. 17, 2025, notice that extended the TPS designation for Venezuela and announced that DHS would revert to the TPS redesignation and extension guidance issued in October 2023. Subsequently, DHS terminated the October 2023 designation as well. The termination only applies to TPS beneficiaries under the 2023 designation. This includes Venezuelan TPS beneficiaries with an A-12 or C-19 EAD and a card expiration date of April 2, 2025. Automatic extensions that were previously granted through April 2, 2026, have been rescinded. Unless individuals affected by the termination of TPS obtain another legal status, they will lose work authorization and may be subject to removal. Employers should begin assessing their workforce now to plan for potential disruptions, explore alternative visa options, and ensure compliance with evolving immigration policies.
DACA Update
On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a decision declaring the revised Deferred Action for Childhood Arrivals (DACA) program illegal. While the court did not order an immediate end to the program, it has created uncertainty for DACA recipients. USCIS will continue to accept and process DACA renewal requests and related work permit applications, but new applications will not be processed at this time. Current grants of DACA and Employment Authorization Documents (EADs) remain valid until their expiration, unless individually terminated.
Companies should review their workforce planning strategies and ensure that existing DACA employees are aware of their renewal deadlines.
USCIS Announces FY 2026 H-1B Cap Registration Period and Key Enhancements
The U.S. Citizenship and Immigration Services (USCIS) has announced that the initial registration period for the fiscal year 2026 H-1B cap will open on March 7, 2025, at noon Eastern and close on March 24, 2025, at noon Eastern. During this period, prospective petitioners and their representatives must register each beneficiary electronically through a USCIS online account and pay the $215 registration fee per beneficiary. USCIS will notify selected registrants by March 31, 2025. Employers who have not yet created an organizational account should do so in preparation for the registration period. For assistance with H-1B filings or compliance, contact our team at Monty & Ramirez LLP.
What to Do If ICE Visits Your Business – General Guidance
If Immigration and Customs Enforcement (ICE) visits your place of business, it is crucial to be prepared and know your rights and responsibilities. ICE enforces federal immigration laws through random I-9 compliance audits or targeted enforcement operations based on leads. Employers should have a plan in place, developed with legal counsel, to address an ICE visit. This plan should include designating a point of contact, ensuring all I-9 forms and supporting documentation are in order, and knowing how to respond to ICE agents’ requests.
During an ICE visit, it is important to remain calm and cooperative. ICE agents may request to review I-9 forms and other employment records. Employers have the right to request that ICE provide a subpoena or warrant for any documents they wish to take. If ICE agents attempt to enter non-public areas of the workplace, they must have the employer’s consent or a judicial warrant. Employers should also ensure that legal counsel is contacted immediately to provide guidance and support throughout the process.
Laken Riley Act Could Impact U.S. Visa Stamping for Certain Foreign Nationals
On January 29, 2025, President Trump signed the Laken Riley Act into law, granting significant power to state attorneys general and other authorized state officers to interpret and implement federal immigration policies. This legislation allows states to sue for injunctive relief to stop the issuance of visas to nationals of countries that deny or unreasonably delay the acceptance of their nationals ordered removed from the United States.
Employers should closely monitor which countries are cooperating with the U.S. administration by repatriating their nationals. Countries that deny or delay repatriation could cause significant issues for their nationals who are lawfully present in the U.S. or intend to enter the U.S. lawfully.
Stricter USCIS Policies Return, Slowing Business Immigration Processing
The Trump Administration has revoked Biden’s policies aimed at streamlining USCIS processing, bringing back restrictive measures that will significantly impact employment-based immigration. Employers should prepare for increased delays due to more stringent criteria for expedited processing, a rollback of automatic RFEs and NOIDs before denials, and the removal of special consideration for STEM and AI professionals in O-1 and National Interest Waiver petitions. Additionally, administrative hurdles have been reinstated, and a return to Trump-era Public Charge standards is underway. These changes will likely result in slower processing times, more denials, and greater uncertainty for businesses relying on foreign talent. Employers should assess their immigration strategies now and work with legal counsel to navigate the heightened scrutiny and procedural challenges ahead.
USCIS Eliminates COVID-19 Vaccine Requirement for Green Card Applicants
Effective January 22, 2025, U.S. Citizenship and Immigration Services (USCIS) will no longer require green card applicants to provide proof of COVID-19 vaccination on Form I-693. This change means USCIS will not issue Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) related to COVID-19 vaccination documentation, and failure to present proof will not be grounds for denial of an adjustment of status application. This policy shift simplifies the medical examination process for green card applicants by removing the COVID-19 vaccine mandate, which had been in place since 2021.
Travel Update
Employers and employees planning work-related travel should consult with an immigration attorney to ensure compliance with current visa and work authorization requirements. Before traveling internationally, individuals on employment-based visas should verify that their visa stamps, I-94 records, and any required travel documents are valid and up to date. Additionally, ongoing legal changes may impact reentry procedures and work eligibility, so it is essential to confirm requirements before departure. For any questions or assistance, consult with an immigration attorney to avoid disruptions to business operations.
Birthright Citizenship Restrictions Blocked, but Legal Battle Looms
One of the most controversial executive orders issued by the administration seeks to limit birthright citizenship, granting U.S. citizenship only to children born on or after February 19, 2025, if at least one parent is a U.S. citizen or lawful permanent resident. This change raises uncertainty for children born to nonimmigrant visa holders, such as those on F-1, H-1B, L-1, and TN visas. The order was immediately met with legal challenges, and on January 23, 2025, a federal judge in Seattle blocked its implementation, calling it “blatantly unconstitutional.”
Despite this initial legal setback, the issue is far from resolved, as it is expected to be litigated up to the U.S. Supreme Court. Employers and foreign nationals should closely monitor the case, as any changes to birthright citizenship policies could impact long-term immigration planning for international employees. Monty & Ramirez LLP will continue to provide updates as the legal battle unfolds.
January 2025 Visa Bulletin – Dates for Filing
| Category | All Chargeability | China | India | Mexico | Philippines |
|---|---|---|---|---|---|
| EB-1 | C | 01JAN23 | 15APR22 | C | C |
| EB-2 | 01AUG23 | 01OCT20 | 01JAN13 | 01AUG23 | 01AUG23 |
| EB-3 | 01MAR23 | 15NOV20 | 08JUN13 | 01MAR23 | 01MAR23 |
| Other Workers | 22MAY21 | 01JAN18 | 08JUN13 | 22MAY21 | 22MAY21 |
| EB-4 / Religious | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 |
| EB-5 Unreserved | C | 01OCT16 | 01APR22 | C | C |
| EB-5 Set-Asides | C | C | C | C | C |
February 2025 Visa Bulletin – Final Action Dates
| Category | All Chargeability | China | India | Mexico | Philippines |
|---|---|---|---|---|---|
| EB-1 | C | 08NOV22 | 01FEB22 | C | C |
| EB-2 | 01APR23 | 22APR20 | 15OCT12 | 01APR23 | 01APR23 |
| EB-3 | 01DEC22 | 01JUL20 | 15DEC12 | 01DEC22 | 01DEC22 |
| Other Workers | 08DEC20 | 01JAN17 | 15DEC12 | 08DEC20 | 08DEC20 |
| EB-4 / Religious | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 |
| EB-5 Unreserved | C | 15JUL16 | 01JAN22 | C | C |
| EB-5 Set-Asides | C | C | C | C | C |
Need Guidance? Monty & Ramirez LLP Is Here to Help
Whether you’re preparing for the H-1B lottery, filing a TPS application, updating compliance policies, or navigating I-9 audits, our team is here to guide you every step of the way.
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