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FY 2025 H-1B Cap Reached
USCIS has reached the congressionally mandated cap of H-1B visas for FY 2025. Non-selection notices are being sent to registrants through their online accounts.
USCIS will continue processing H-1B petitions exempt from the cap, including extensions, transfers of employment, and amendment filings. Employers using the H-1B program to hire workers in specialty occupations can stay informed by subscribing to updates on the H-1B Cap Season page.
Preparing for the next H-1B Lottery: Key Steps for FY 2026
As employers gear up for the FY 2026 H-1B lottery, early preparation is crucial to ensure compliance with U.S. Citizenship and Immigration Services (USCIS) requirements. The H-1B visa is designed for positions that qualify as "specialty occupations," requiring a bachelor's degree or higher in a specific field. If you are planning to enter employees and candidates into the lottery, it is vital to begin charting out the process now and ensuring that all the requirements for H-1B eligibility are met prior to the registration process.
For FY 2026, employers should anticipate continuing high demand and competitiveness. FY 2026 H-1Bs that are selected will be able to enter H-1B status starting October 1, 2025. Monty & Ramirez LLP is committed to guiding employers through each stage, from assessing eligibility to navigating prevailing wage compliance and preparing strong petitions.
DHS Increases H-2B Visa Cap for FY 2025
The Department of Homeland Security (DHS) has announced an additional 64,716 H-2B visas for fiscal year 2025, supplementing the standard annual cap of 66,000. These visas support U.S. businesses in filling temporary, non-agricultural jobs where there is a demonstrated lack of domestic workers.
Of the supplemental visas, 44,716 are allocated specifically for returning workers who held H-2B status in the past three years, while the remaining 20,000 are reserved for nationals from Haiti, Honduras, Guatemala, and El Salvador. Employers must demonstrate their need through the labor certification process to access these additional visas. Monty & Ramirez LLP can guide businesses through the H-2B application process to ensure compliance and timely filing.
USCIS Requires Medical Examination Form with Form I-485 for Certain Applicants
Effective December 2, 2024, U.S. Citizenship and Immigration Services (USCIS) now mandates that applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, include Form I-693, Report of Immigration Medical Examination and Vaccination Record. Failure to submit Form I-693 with Form I-485 may result in rejection of the adjustment of status application.
The medical examination, conducted by a certified civil surgeon, ensures that applicants meet health standards and are free from conditions rendering them inadmissible. This requirement reduces delays caused by Requests for Evidence (RFEs) and expedites application processing. Updated instructions for Form I-485 reflect this new requirement. Contact Monty & Ramirez for any questions regarding this recent change.
Temporary Protected Status Update for Eligible Lebanese Nationals
Lebanese nationals residing in the United States as of October 16, 2024, may now apply for Temporary Protected Status (TPS) and related benefits. This 18-month designation by the Department of Homeland Security offers eligible individuals protection from removal, work authorization, and travel authorization. Applicants must meet continuous residence and physical presence requirements, and file Form I-821 during the initial registration period, from November 27, 2024, to May 27, 2026. Employment Authorization Documents (EADs) can also be requested with Form I-765.
Additionally, F-1 students from Lebanon may qualify for Special Student Relief (SSR), allowing them to work additional hours and reduce course loads while maintaining their visa status. For further details on TPS eligibility, application steps, and SSR benefits, consult the Federal Register or visit the USCIS website.
December 2024 Visa Bulletin
A. FINAL ACTION DATES
For December 2024, USCIS announced it will use the Final Actions Date chart published by the Department of State.
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