H-1B Visa Update, Automatic EAD Extensions, & More
Upcoming Webinar: Preparing for Immigration Changes in 2025
As major changes to immigration policies loom, it’s crucial for businesses to stay ahead of the curve. Join Monty & Ramirez’s immigration attorneys Sarah Monty, Maricela Alvarado, and Saif Ali for an in-depth webinar on January 28th at 6:00PM (CST) for an overview of the anticipated immigration shifts in 2025.
In this session, you’ll learn about potential policy changes, compliance strategies, and best practices to navigate the evolving landscape of immigration law. Register Below!
H-1B Lottery Preseason Underway
Employers should be gearing up for the Fiscal Year 2026 H-1B lottery registration, which will begin in March 2025. Registrants whose candidates and employees are selected in the lottery will be able to apply for H-1B status to start with the beginning of USCIS’s 2026 fiscal year, which commences October 1, 2025. Employers who intend to enter employees and candidates into the lottery should begin laying the groundwork for the H-1B filing now. While no deadlines and start dates have been officially announced by USCIS, it is important to ensure that the H-1B case is approvable before investing time and resources into the lottery. Monty & Ramirez LLP has extensive experience with the H-1B lottery and can assist with any questions or registrations you may have.
H-1B Visa Update: Changes and What Employers Need to Know
The H-1B visa program continues to evolve with significant updates from the Department of Homeland Security (DHS). Recent measures announced by DHS on December 17th 2024, aim to strengthen and streamline the process, allowing U.S. employers to more quickly fill critical roles in industries that rely heavily on skilled foreign labor. These improvements are designed to make it easier for businesses to access top talent while ensuring faster and more efficient application processing. This comes as a welcome development for many employers facing labor shortages in specialized fields.
As these changes unfold, it’s crucial for businesses to stay informed and plan ahead. Please contact us for any questions about the H-1B process.
DHS Final Rule Permanently Extends EAD Automatic Renewal Period to 540 Days
The U.S. Department of Homeland Security (DHS) has permanently increased the automatic extension period for expiring Employment Authorization Documents (EADs) from 180 days to up to 540 days for certain categories of workers. This final rule will become effective on January 13, 2025, and will apply to timely filed renewal EAD applications that are pending or were filed on or after May 4, 2022. Eligible individuals who file Form I-765 for EAD renewal on time can now benefit from extended work authorization.
Employers should be aware of the specific requirements under which expired EADs will remain valid. Employers are encouraged to carefully review these documents to remain compliant with DHS regulations and to ensure continued employment eligibility for affected workers. For any questions you may have about these changes, we encourage you to reach out to us for assistance.
New DHS Regulations Strengthen H-2A and H-2B Visa Programs
The Department of Homeland Security (DHS) has introduced significant updates to the H-2A and H-2B visa programs, effective January 17, 2025, to enhance protections for seasonal workers and improve program integrity. These changes include stricter enforcement against illegal recruitment fees, new whistleblower protections for workers reporting employer misconduct, and a 60-day grace period for workers transitioning between jobs or preparing to depart the U.S.
Employers are encouraged to familiarize themselves with these changes to avoid potential penalties or disruptions in hiring. For any questions you may have about these changes, we encourage you to reach out to us for assistance.
H-4 and L-2 Visa Application Bundling to End January 18, 2025
Employers or applicants applying for an H-4 or L-2 visa (spouse or child of an H-1B or L-1 worker), there’s an important change you need to know about. Currently, USCIS allows you to file two forms together: Form I-539 (for changing or extending nonimmigrant status) and Form I-765 (for work authorization) when applying at the same time as the principal worker’s I-129 petition. This process has been bundled together under a settlement agreement (Edakunni Settlement in the case of Edakunni, et al. v. Mayorkas (No. 21-cv-393-TL)) that will expire on January 18, 2025.
After this date, USCIS may no longer allow these forms to be processed together. While we don’t know for sure what will happen, it’s important to file your forms before January 18, 2025, if timely approval is necessary for your case. To make sure your case is handled properly, our team at Monty & Ramirez LLP is here to help. Contact us today at 281-493-5529 to discuss your situation and ensure a smooth process before this change takes effect.
Prepare for 2025: Key Immigration Compliance Insights
As we begin 2025, immigration enforcement is expected to increase under the Trump Administration. Employers, especially in high-risk industries like construction, manufacturing, staffing, and agriculture, should take proactive steps to ensure Form I-9 compliance and avoid penalties. Employers should also be aware of potential liability if staffing agencies are not compliant with I-9 requirements.
To prepare, businesses should audit I-9s, update compliance policies, train HR teams, and confirm staffing agency compliance. With ICE investigations likely to rise, it’s critical to be prepared for potential audits.
The House Advances the Laken Riley Act Affecting Immigration Enforcement and Visa Policies
The Laken Riley Act, which passed the House with bipartisan support, is now under Senate consideration. This legislation aims to increase state authority over immigration enforcement, requiring mandatory detention of noncitizens suspected of minor theft and allowing state attorneys general to sue federal agencies to enforce immigration actions. It also gives states the power to push for visa restrictions on countries that refuse to accept deported nationals.
If enacted, this bill could affect businesses by increasing detention rates and introducing new visa bans, potentially impacting workforce availability and international hiring. Monty & Ramirez LLP is closely monitoring the potential business implications of this legislation.
January 2025 Visa Bulletin
A. Dates for Filing of Employment-Based Visa Applications
For January 2025, USCIS announced it will use the dates for filing chart published by the Department of State.
| 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.
📞 Call: 281-493-5529
📧 Email: info@montyramirezlaw.com
✅ Monty & Ramirez LLP – We Know What Works.