TakeawaysA second Trump administration may align U.S. immigration policy with U.S. workforce needs on this particular aspect more than the first one did.Despite limitations, the H-1B visa program has been instrumental in sustaining U.S. dominance in technology and innovation.Employers will need to stay on top of potential changes to the program.Related links
Articles Discussing Employment-Related Visas.
H-2B Cap Reached for Additional Returning Workers for First Half of Fiscal Year 2025
U.S. Citizenship and Immigration Services (USCIS) has announced that as of January 7, 2025, the additional returning H-2B worker allotment of 20,716 visas for the first half of fiscal year (FY) 2025 (October 1, 2024, to March 31, 2025) has been exhausted.
February 2025 Visa Bulletin Shows 1-Month Advancement for EB-3 China, and 14-day Progression for EB-2 and EB-3 India
U.S. Citizenship and Immigration Services (USCIS) has announced that it will be utilizing the final action dates chart for the upcoming February 2025 Visa Bulletin. This update reflects slight progression in priority dates for certain countries and visa categories from the final action dates chart in the January 2025 Visa
J-1 Exchange Visitors From 30+ Countries No Longer Subject to Two-Year Foreign Home Residency Requirement
The Department of State (DOS) revised the J-1 Skills List, which lists home countries to which foreign nationals are subject to a two-year foreign home residency requirement.
The 37 countries that have been removed from the J-1 Skills List are: Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile,
Navigating the New H-2A and H-2B Rule: What Employers and Workers Need to Know
The Department of Homeland Security (DHS) has issued a Final Rule for the H-2A and H-2B temporary worker programs that will become effective on Jan. 17, 2025.
The Rule is aimed at modernizing the regulations governing the H-2A and H-2B temporary worker programs — programs that are essential for
DHS Finalizes H-2 Program Regulations, Expanding Worker Protections and Employer Hiring Options
On December 18, 2024, the U.S. Department of Homeland Security (DHS) published the final version of the H-2 program modernization rule. The final rule amends DHS regulations for both H-2A (temporary agricultural workers) and H-2B (temporary nonagricultural workers). While the final rule harmonizes many of the provisions between the programs,
USCIS H-1B Modernization Final Rule Effective January 17: Highlights for Employers
On Dec. 18, 2024, USCIS released the Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Final Rule. First proposed in October 2023, the Biden Administration has been urged to finalize the rule. The rule codifies certain USCIS guidance by regulation. The regulation
Race to the Finish: DHS to Publish Part Two of H-1B Modernization Rule
On December 18, 2024, the U.S. Department of Homeland Security (DHS) will publish the long-awaited second portion of its H-1B modernization rule. The draft rule, which was originally published for notice and comment on October 23, 2023, was broken into two parts by DHS so that the provisions concerning the
Department of State Shifts Policy for J-1 Visa Skills List
On December 9, 2024, through publication in the Federal Register, the U.S. Department of State announced a major shift in the policy governing the Exchange Visitor Skills List. This shift removes the two-year home residency requirement for J-1 Visa holders from 34 countries, including Malysia, China, India, South Korea, Saudi
State Department Updates J-1 Exchange Visitor Skills List, Revising the Countries Subject to Two-Year Foreign Residence Requirement
On December 9, 2024, the U.S. Department of State updated the J-1 Exchange Visitor Skills List, revising the countries subject to the two-year foreign residence requirement. The updated Exchange Visitor Skills List is effective immediately and applies retroactively.
January 2025 Visa Bulletin Shows Some Movement for EB-2 and EB-3 Final Action Dates
The January 2025 Visa Bulletin shows no change from the December 2024 Visa Bulletin in the dates for filing in any listed category. Final action dates show slight advancement for EB-2 and EB-3 for some countries/categories. U.S. Citizenship and Immigration Services (USCIS) will accept applications for adjustment of status based
U.S. Supreme Court: No Judicial Review of Revoked Visa Petitions
The U.S. Supreme Court held in Bouarfa v. Mayorkas, No. 23-583 (Dec. 10, 2024), that one cannot appeal a U.S. Citizenship and Immigration Services (USCIS) revocation of an approved visa petition in federal court because such revocation is a discretionary agency decision, thus not subject to judicial review.
This decision
Temporary Increase in H-2B Visa Numbers for FY 2025
On December 2, 2024, the Department of Homeland Security (DHS) and the Department of Labor (DOL) published a temporary final rule (TFR) making nearly 65,000 more H-2B visas available for fiscal year (FY) 2025. DHS has indicated that these “supplemental visas are aimed at helping U.S. employers who are unable
Nearly 65,000 H-2B Visas Released: What Employers Need to Know
The Department of Homeland Security has released an additional 64,716 H-2B temporary visas for non-agricultural workers. The additional visas will help
Nearly 65,000 Additional H-2B Visas Released for Fiscal Year 2025
On November 15, 2024, the U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) announced that they expect to make an additional 64,716 H-2B visas available for fiscal year (FY) 2025. The allocation of additional H-2B visas will provide needed relief for American employers that have been