Agency within the Information
FY 2026 H-1B Preliminary Registration Choice Course of Accomplished – U.S. Citizenship and Immigration Companies has obtained sufficient digital registrations for distinctive beneficiaries through the preliminary registration interval to achieve the fiscal yr 2026 H-1B numerical allocations (H-1B cap), together with the superior diploma exemption (grasp’s cap).
USCIS Declares Work Allow Procedures for Sure Hong Kong Residents Coated by Deferred Enforced Departure – U.S. Citizenship and Immigration Companies introduced procedures for sure Hong Kong residents lined by Deferred Enforced Departure to use for Employment Authorization Paperwork legitimate via February 5, 2027.
E-Confirm Makes ‘Minor Modifications’ to Type I-9 – E-Confirm introduced that U.S. Citizenship and Immigration Companies has made “minor” modifications to Type I-9, Employment Eligibility Verification, to align with statutory language, and the Division of Homeland Safety Privateness Discover has been up to date.
Venezuela TPS Stays in Impact Following Courtroom Order – Non permanent Protected Standing for Venezuela will stay in impact and the validity of labor permits issued underneath the Venezuela TPS designations is prolonged via April 2, 2026, “pending additional litigation.”
USCIS Updates Coverage to Acknowledge Solely Two Sexes: Male and Feminine – U.S. Citizenship and Immigration Companies mentioned that “if a profit requestor doesn’t point out his or her intercourse or signifies a intercourse completely different from the intercourse on his or her beginning certificates issued on the time of beginning (or issued nearest to the time of beginning), there could also be delays in adjudication.”
Agency within the Information
Particulars:
FY 2026 H-1B Preliminary Registration Choice Course of Accomplished
U.S. Citizenship and Immigration Companies (USCIS) introduced on March 31, 2025, that it has obtained sufficient digital registrations for distinctive beneficiaries through the preliminary registration interval to achieve the fiscal yr (FY) 2026 H-1B numerical allocations (H-1B cap), together with the superior diploma exemption (grasp’s cap). USCIS mentioned it has notified all potential petitioners with chosen beneficiaries that they’re eligible to file an H-1B cap-subject petition for these beneficiaries.
An H-1B cap-subject petition have to be correctly filed on the appropriate submitting location or on-line at my.uscis.gov and inside the submitting interval indicated on the related choice discover, USCIS defined. Petitioners should embrace a replica of the relevant choice discover with the FY 2026 H-1B cap-subject petition. Petitioners should additionally submit proof of the beneficiary’s legitimate passport or journey doc used on the time of registration to determine the beneficiary.
USCIS Declares Work Allow Procedures for Sure Hong Kong Residents Coated by Deferred Enforced Departure
On April 3, 2025, U.S. Citizenship and Immigration Companies (USCIS) introduced a Federal Register discover establishing procedures for sure Hong Kong residents lined by Deferred Enforced Departure (DED) to use for Employment Authorization Paperwork (EADs) that shall be legitimate via February 5, 2027.
The discover mechanically extends via February 5, 2027, the validity of present Hong Kong DED-related EADs with an expiration date of February 5, 2023, or February 5, 2025, and a Class Code of A11. Workers could current this EAD as proof of id and employment authorization for functions of Type I-9, Employment Eligibility Verification.
USCIS defined that since DED “is a directive to defer removing of a person, fairly than a particular immigration standing like Non permanent Protected Standing, there is no such thing as a DED software kind required for a person to be lined by DED. If a person lined by DED needs to use for an EAD, they need to file Type I-765. Equally, if a person lined by DED needs to use for advance journey authorization, they need to file Type I-131.”
E-Confirm Makes ‘Minor Modifications’ to Type I-9
On April 2, 2025, E-Confirm introduced that U.S. Citizenship and Immigration Companies has made “minor” modifications to Type I-9, Employment Eligibility Verification, to align with statutory language, and the Division of Homeland Safety (DHS) Privateness Discover has been up to date. The revised Type I-9 with an version date of 01/20/25 and an expiration date of 05/31/2027 is out there for obtain. A number of earlier editions stay legitimate till their respective expiration dates:
- Type I-9 (08/01/23 version) is legitimate till 05/31/2027
- Type I-9 (08/01/23 version) that’s legitimate till 07/31/2026 (employers utilizing this manner should replace their digital techniques with the 05/31/2027 expiration date by July 31, 2026)
Key updates embrace:
- Renaming the fourth checkbox in Part 1 to “An alien approved to work” from “A noncitizen approved to work”
- Revising the descriptions of two Record B paperwork within the Lists of Acceptable Paperwork
- Including statutory language and a revised DHS Privateness Discover to the directions
E-Confirm mentioned that employers ought to notice:
- If an worker attests on Type I-9 as “A noncitizen approved to work,” the employer should choose “An alien approved to work” in E-Confirm.
- E-Confirm instances will show “An alien approved to work,” whereas workers and employers could proceed to see “A noncitizen approved to work” on Type I-9, relying on the shape version getting used.
- E-Confirm+ members will see the up to date 01/20/25 version date and 05/31/2027 expiration date mirrored in Type I-9NG.
Venezuela TPS Stays in Impact Following Courtroom Order
On April 2, 2025, U.S. Citizenship and Immigration Companies (USCIS) introduced that Non permanent Protected Standing (TPS) will stay in impact following a court docket order. On March 31, 2025, america District Courtroom for the Northern District of California ordered postponement of the vacatur, printed February 3, 2025, and of the termination, printed February 5, 2025, of the 2023 TPS designation for Venezuela.
In mild of the order, USCIS mentioned that TPS for Venezuela will stay in impact till the Division of Homeland Safety “obtains aid from that order.” Additional, the validity of labor permits with an expiration date of September 10, 2025; April 2, 2025; March 10, 2024; or September 9, 2022, issued underneath the Venezuela TPS designations is equally prolonged via April 2, 2026, “pending additional litigation.”
USCIS mentioned that employers ought to consult with the TPS webpage repeatedly for updates.
USCIS Updates Coverage to Acknowledge Solely Two Sexes: Male and Feminine
On April 2, 2025, U.S. Citizenship and Immigration Companies (USCIS) introduced that underneath a Trump administration government order, it has up to date the USCIS Coverage Handbook to state that it solely acknowledges two organic sexes: female and male.
Beneath this steering, USCIS considers an individual’s intercourse as “that which is usually evidenced on the beginning certificates issued at or nearest to the time of beginning. If the beginning certificates issued at or nearest to the time of beginning signifies a intercourse apart from male or feminine, USCIS will base the dedication of intercourse on secondary proof.”
USCIS mentioned it won’t deny advantages solely as a result of the profit requestor “didn’t correctly point out his or her intercourse.” Nevertheless, USCIS famous that it “doesn’t subject paperwork with a clean intercourse area,” so “if a profit requestor doesn’t point out his or her intercourse or signifies a intercourse completely different from the intercourse on his or her beginning certificates issued on the time of beginning (or issued nearest to the time of beginning), there could also be delays in adjudication.”
USCIS mentioned it “could present discover to profit requestors if it points a USCIS doc reflecting a intercourse completely different than that indicated by the profit requestor on the request.”
This steering applies to profit requests pending or filed on or after April 2, 2025, USCIS mentioned, including that the steering within the Coverage Handbook “is controlling and supersedes any associated prior steering.”
Agency within the Information
Cyrus Mehta was quoted by Forbes in Trump Immigration Insurance policies Improve Peril for Worldwide College students. He mentioned, “Even when the visa is revoked and the F-1 standing has been terminated in SEVIS, a international pupil can nonetheless proceed to review and, if positioned in deportation proceedings, ought to problem the deportation earlier than an immigration decide. If removing proceedings haven’t commenced, I feel a pupil can even problem the discover that they’ve been terminated in SEVIS in federal district court docket via the Administrative Process Act on the grounds that the motion was arbitrary, capricious and the scholar was not given any warning or discover to reply.” Mr. Mehta mentioned he believes that if a pupil is positioned in removing, the scholar might be able to “problem on First Modification grounds, however the pupil may have to do that on the Courtroom of Appeals stage since an immigration decide and the Board of Immigration Appeals could rubber-stamp Rubio’s dedication.”
Mr. Mehta was quoted by Bloomberg Legislation in Trump Tempts Fits in Shutting Public Out of Immigration Guidelines. He mentioned that there’s “loads of case legislation” to help arguments that Administrative Process Act guidelines ought to proceed to use to immigration and border-related laws.
Mr. Mehta was interviewed by Dainik Bhaskar in It Is Not Essential to Depart the U.S. Even If a Visa Is Revoked [in Hindi with Google Translate available]. He mentioned that america’ revoking of some F-1 pupil visas for protesting “is a silly determination on the a part of the Trump administration. Beneath the Structure within the U.S., everybody has the correct to freedom of expression and peaceable protest.” He mentioned that underneath the legislation, a pupil can’t be forcibly deported earlier than going via a authorized course of and if a pupil receives an electronic mail asking them to self-deport, they’ll problem that call in a federal court docket.
