On April 30, 2025, the U.S. Department of State launched two new tools to monitor immigrant and nonimmigrant visa interview availability: (1) the Immigrant Visa (IV) Scheduling Status Tool, and (2) the Global Visa Wait Times Tool. These tools provide foreign nationals with a clearer picture of the timelines for
Articles Discussing Employment-Related Visas.
H-2B Cap Met for Second Half of FY 2025; Options Still Exist for Employers Seeking Temporary Workers
On March 25, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that the H-2B cap for the second half of fiscal year (FY) 2025 was met on March 5, 2025. Employers seeking to employ H-2B workers to meet their labor demands will need to hire cap-exempt workers or H-2B workers
‘Catch and Revoke’ Program Takes Off: State Department AI-Driven Visa Crackdown
The U.S. State Department’s “Catch and Revoke” program uses artificial intelligence (AI) to monitor foreign nationals, particularly student visa holders.
USCIS Completes Fiscal Year 2026 H-1B Lottery
On March 31, 2025, U.S. Citizenship and Immigration Services (USCIS) announced the completion of the initial selection process for the H-1B regular cap and master’s cap for fiscal year (FY) 2026. Utilizing its electronic preregistration system to conduct the random selection lottery, USCIS confirmed that notifications regarding the selection results
What’s Changing to H-1B Cap Gap for F-1 Students?
Takeaways The new DHS rule extends the H-1B Cap Gap period from 10.1 to 04.1. F-1 students with pending or approved H-1B petitions benefit from this
Forward Movement Seen in April 2025 Visa Bulletin
The Visa Bulletin for April 2025 shows continued forward movement in the final action dates for all EB-2 and EB-3 categories. The bulletin also remains consistent in the EB-1 categories with slight forward movement for EB-1 India.
Annual H-1B Visa Lottery Registration Starts Today!
The 2025 H-1B visa lottery registration period starts today, March 7, 2025, at 12pm EST and runs until 12pm EST on March 24.
Plans to Replace EB-5 Immigrant Investor Program
President Donald Trump has announced that he plans to offer the “Trump Gold Card” to replace the existing EB-5 Immigrant Investor Program. The Trump Gold Card Program would allow an investor who is willing to invest $5 million in the U.S. economy to obtain permanent residency.
The current EB-5 Immigrant
State Department Updates Criteria for Nonimmigrant Visa Interview Waivers
On February 18, 2025, the U.S. Department of State updated visa interview waiver (“drop box”) eligibility criteria for individuals renewing their visa stamps, resulting in sudden drop box appointment cancellations and administrative processing for some who had already submitted documents. The update, which took effect immediately, limiting eligibility for visa
EB-2 and EB-3 Categories Continue Marching Forward, March 2025 Visa Bulletin Shows
The Visa Bulletin for March 2025 shows continued forward movement in the priority dates for most EB-2 and EB-3 categories.
U.S. Visa Dropbox Eligibility Reverts to Pre-COVID Standard, More Applicants Will Need In-Person Interviews
The U.S. Department of State has unexpectedly updated Consular websites with revised eligibility requirements for Visa Interview Waiver (“dropbox”) appointments.
Effective immediately, dropbox eligibility is limited to applicants renewing a visa in the same nonimmigrant classification that expired within the past 12 months. While no official government announcement has been
The H-1B Lottery in Times of Change
By: The H-1B Lottery in Times of Change
In their few weeks in power, the incoming administration made many changes to immigration policy. One thing that has not changed is the H-1B lottery. On Wednesday, USCIS announced the dates for submission and processing for the Fiscal Year 2026 H-1B lottery entries. Employers use H-1B visas to employ foreign nationals in “specialty occupations” or positions that require a bachelor’s degree in a particular field. A typical user of the H-1 visa is an employer who wishes to retain the services of a foreign student employed using an F-1 Optional Practical Training Employment Authorization Document. However, given the new administration’s rapid changes to immigration policy, employers should consider this visa for a wider set of foreign national employees.
H-1B visas are very popular. Federal law limits the number of new H-1B visas to 85,000 per year. Every year, USCIS received hundreds of thousands of requests for H-1B visas. Because demand for H-1 visas far outstrips supply, USCIS distributes the opportunity to apply for these visas using a lottery via its online filing portal. Employers wishing to participate in the lottery must have an organizational account, and supply USCIS with a modicum of information regarding the proposed employee. This information includes name, date and place of birth, gender, passport information, and educational attainment. Additionally, employers must pay a $215.00 filing fee for every employee they wish to submit. If selected, employers may then submit an H-1B petition on behalf of their employee.
USCIS begins accepting entries into the FY 2026 lottery on Friday, March 7, 2025 and stops accepting entries on Monday, March 24, 2025. A few days after the submission period closes, USCIS will select and inform the selected employers via the USCIS filing portal. Employers will then have until June 30, 2025 to submit an I-129 Petition for Nonimmigrant Worker requesting H-1B visa status for the selected employee. If approved, the employee will then receive H-1B status or an H-1B visa on October 1, 2025.
The big change to the lottery this year is the filing fee. In years past, the lottery entry fee was $10.00. This year, it’s $215.00. It’s unclear how this filing fee change will affect demand. In years past, since the barrier to entry to the H-1B lottery was so low, individuals would use multiple shill employers to enter the lottery. The fee increase will likely curtail this behavior. Also, given the steep increase in the filing fees, employers would be well served to consult with an immigration attorney. Since selection in the lottery only grants an employer the right to file a petition for an H-1 visa and not the visa, employers should seek counsel on the approvability of their employee and job before entering the lottery.
Finally, the H-1 lottery may be an opportunity to retain employees who are affected by the new administration’s policy changes. Employers may want to consider the H-1B visa for employees that they presently employ using TPS, one of the prior administration’s parole programs, or DACA. On February 1st the new administration stripped Venezuelans of Temporary Protected Status and the legal right to work. Additional restrictions on the legal right to work are expected including recission of the Deferred Action for Childhood Arrivals regulations. Employers employing such individuals may be able to use the H-1B visa as a means to retain these employees. Moving an employee from one of these status to H-1B is not appropriate for all people, and even among the qualified, is not without risk. Consult with immigration counsel before choosing this course of action, and may the odds be ever in your favor.
FY 2026 H-1B Cap Lottery Alert: Registration Period and Important Changes to USCIS Online System
U.S. Citizenship and Immigration Services (USCIS) has announced that the fiscal year (FY) 2026 H-1B cap registration period will open at noon ET on Friday, March 7, 2025, and will remain open until noon ET on Monday, March 24, 2025.
H-1B Cap Update: USCIS Announces FY2026 H-1B Cap Registration Period and Massive Fee Hike
The H-1B cap season for Fiscal Year 2026 is quickly approaching. USCIS announced on Feb. 5, 2025, that the registration period for FY 2026 will open at noon (EST) on Friday, March 7, 2025, and close at noon (EST) on Monday, March 24, 2025, and that the registration fee will
Laken Riley Act Could Impact U.S. Visa Stamping for Certain Foreign Nationals
On January 29, 2025, President Trump signed the first bill of his second presidential term into law. The legislation, named the Laken Riley Act, gives substantial power to state attorneys general (and other authorized state officers) to interpret and implement federal immigration policies.