February 24, 20250

Immigration News – February 2025

At Brown Immigration Law, we strive to be your company’s partner in growth and innovation, on a global scale. We continue our commitment to demystifying the complex immigration laws of the United States and Canada to provide efficient and effective immigration and global mobility support. Please find this month’s business immigration news below.

U.S. BUSINESS IMMIGRATION UPDATES

FY 2026 H-1B Cap Initial Registration Period Opens March 7^th

USCIS has announced that the initial registration for the FY 2026 H-1B Cap will open at at 12:00PM EST on March 7, 2025, and will run through 12:00PM EST on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee of $215 for each H-1B candidate.

More information about the FY 2026 H-1B Cap Registration period can be found in our H-1B Lottery 2025 (FY26) Memo, which is updated on a regular basis with relevant updates throughout the H-1B Cap season. See also our Resources page to find the latest News Alerts and upcoming webinars on this topic.

Important Reminder – Please Read – I-94 Errors

We have noticed an uptick in I-94 errors from Customs and Border Protection which can have a number of consequences. As a reminder, Form I-94 is a foreign national’s lawful record of admission. Every time a foreign national enters the U.S., their online Form I-94 record is updated to reflect their admitted status and the duration of admission. In recent months, clients have reported an uptick of errors on their I-94 record made by Customs & Border Protection. We remind clients to check their I-94 records online HERE as soon as they enter the U.S. and seek to rectify any mistakes as soon as possible.

If you currently hold NEXUS or Global Entry, these errors are even more common, as the default status connected to these entry programs is B1/B2 visitor (or ESTA for Global Entry). You must be sure to update your status with the trusted traveler program office at CBP if you wish to continue to use the program, otherwise you should avoid these programs and have a regular inspection with a CBP officer to show your valid immigration status document. As a reminder, B1/B2 visitor is not a work authorized status in the United States, thus, properly entering is critical to your continued work authorization. Note: If you have recently changed status and use NEXUS, you must visit a CBP enrollment center in person to have your NEXUS record updated to the correct immigration status; even then, CBP has made errors in the I-94 record, so it is of utmost importance to verify that you have been entered into the country correctly.

When there is an I-94 error sometimes, the best solution is to travel internationally again and re-enter the United States to have the record updated, but this can also create unintended consequences. For these reasons, if you notice an error on your I-94 record, please contact your BIL attorney ASAP for instructions on updating the record, which may include contacting CBP deferred inspection or exiting and re-entering the U.S.

Of the 68 executive orders issued thus far into the Trump administration, 10 of them relate to immigration. Of those 10 orders, 2 of the orders are actively being challenged in court. Updates include the following:

Ending Birthright Citizenship: The executive order seeking to abolish birthright citizenship for certain children has been challenged in court and is temporarily blocked. The Executive Order, known as The Protecting the Meaning and Value of American Citizenship Act, declared that the U.S. will no longer recognize U.S. citizenship of babies born after February 19, 2025 on U.S. soil, if the baby’s mother is unlawfully present or has temporary lawful status, and the baby’s father is not a U.S. citizen or green card holder. Currently three federal judges have separately blocked this order with two more federal court cases ongoing, many citing a “blatant” violation of the Citizenship Clause of the 14^th Amendment. More opposition to this executive order is expected to follow.

Asylum Based Orders: An executive order that suspends access to asylum for individuals arriving at the southwest border is now being challenged in court by the ACLU and several immigration advocacy groups. These plaintiffs argue that the order violates the Guaranteeing the States Protection Against Invasion Act—a congressional statute—and represents an attempt by the executive branch to bypass Congress’s authority over immigration policy. Filed in the U.S. District Court for the District of Columbia, the lawsuit seeks to block the implementation of the order on the grounds that it improperly circumvents the legislative process. The case remains ongoing as the court reviews these constitutional and statutory challenges.

Key takeaways: At this time there continue to be no travel restrictions imposed, nor restrictions to the visa categories we file daily, nor have there been any policy changes related to the green card processing. However, there are significant processing delays for certain application types, with USCIS exceeding both premium processing deadlines and a dramatic increase in average processing timelines. We are working closely with the American Immigration Lawyers Association (AILA) to address these issues and creating ties within the legal community to work to effectuate change.

In addition to processing delays, there have also been significant delays with the State Department when issuing visas, and recently the State Department stopped updated all publicly available visa timeframe tools, so current information on visa appointment availability is no longer accurate. Those who are planning to collect their visa at U.S. consulates or embassies abroad should plan for a lengthier processing timeline.

We will continue to monitor, report on any impacting changes, and advocate zealously for our clients. See also our Resources page to find the latest News Alerts and upcoming webinars on this topic and others.

Senate Confirms Kristi Noem as Homeland Security Secretary

On January 25, the United States Senate confirmed Kristi Noem as the 8th Secretary of the Department of Homeland Security (DHS) in a vote of 59-34. The Office of the Secretary oversees DHS’ efforts to counter terrorism and enhance security, secure and manage our borders while facilitating trade and travel, enforce and administer our immigration laws, safeguard and secure cyberspace, build resilience to disasters, and provide essential support for national and economic security – in coordination with federal, state, local, international, private sector partners.

As such, Secretary Noem will be tasked with delivering on one of President Trump’s campaign promises—border security. As a long-term ally of President Trump, Secretary Noem has so far pledged to faithfully execute the President’s orders on immigration. In a statement after the January 25 confirmation vote, Secretary Noem said, “[a]s the Secretary of the Department of Homeland Security, I will work every day to keep all Americans safe and secure. One of my top priorities is achieving President Trump’s mandate from the American people to secure our southern border and fix our broken immigration system.”

As one of President Trump’s newly sworn-in top Cabinet members, Secretary Noem, along with Defense Secretary Pete Hegseth and Attorney General Pam Bondi, are now asking Congress to provide more resources to continue the Trump-Vance Administration’s full court press to secure the border and facilitate large-scale deportations. To that end, Secretary Noem announced the launch of a multi-million dollar ad campaign targeting ‘illegal’ immigrants and she sent a stern warning on behalf of President Trump to those planning on entering the United States without prior authorization, saying, “[i]f you are considering entering America illegally, don’t even think about it. Let me be clear. If you come to our country and you break our laws, we will hunt you down. Criminals are not welcome in the United States. For too long, weak leadership has left our borders wide open, flooding our communities with drugs, human trafficking, and violent criminals. Well, those days are over.”

While these statements don’t immediately impact the types of visa applications we file and support, we continue to support monitor developments to ensure we are paying attention to any policy shifts involving legal migration. Please reach out to your BIL attorney if you have any questions or concerns about your immigration journey.

USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants

To file an Application to Register Permanent Residence or Adjust Status, I-485 (application for green card), applicants are required to complete a medical examination form (I-693, Report of Immigration Medical Examination and Vaccination Record). Prior to this change, the COVID-19 vaccine was one of the required vaccines on Form I-693, and USCIS would only approve green card applications with proof of COVID-19 vaccination records via Form I-693 (or an approved religious/moral objection waiver).

On January 22, 2025, USCIS announced a new rule that and waived the COVID-19 vaccination requirement, meaning that on or after January 22, 2025, USCIS will no longer require COVID-19 vaccination before approving a green card. They will no longer issue Request for Evidence (RFE) or deny a green card application based on the COVID-19 vaccination record.

DHS Terminates the 2023 Designation of Venezuela for Temporary Protected Status

On February 3, 2025, Secretary of Homeland Security Kristi Noem determined that conditions in Venezuela no longer support its 2023 designation for Temporary Protected Status (“TPS”). Effective April 7, 2025, Venezuela’s 2023 designation for TPS will be terminated. After April 7, 2025, Venezuela nationals granted TPS under the 2023 designation will no longer have TPS. Individuals who registered under the 2021 designation will still maintain valid TPS until September 10, 2025 and their Employment Authorization Document (“EAD”) extended through March 10, 2025.

Employers should pay close attention to the expiration dates of TPS Venezuela beneficiaries’ EAD as they may expire sooner than beneficiaries’ TPS.

If you have any questions about I-9 compliance and the expiration of TPS or EAD, please reach out to your Brown Immigration Law attorney.

ICYMI: U.S. Reverts Dropbox Visa Eligibility to 12-Month Rule

(Initial Breaking News Alert Posted on February 14, 2025) In a major shift affecting many H-1B visa holders, the U.S. government has quietly rolled back the visa interview waiver eligibility—commonly known as “Dropbox”—from 48 months to just 12 months. This change, which has not yet been officially announced by the Department of State (DOS) or U.S. Citizenship and Immigration Services (USCIS), has been confirmed by multiple sources.

During the COVID-19 pandemic, the DOS extended Dropbox eligibility to applicants whose prior visa had expired within the last 48 months, easing the renewal process and reducing backlogs at the consulates. Now, that policy has been seemingly modified, requiring that prior visas must have expired within just 12 months to qualify.

Various reports are confirming that H-1B holders who previously scheduled Dropbox appointments under the 48-month rule must now cancel if they no longer meet the new criteria. Additionally, individuals changing status from F-1 or H-4 to H-1B remain ineligible for Dropbox, meaning many will face in-person interviews for the first time in years. That being said, there has yet to be official guidance on the change.

This change may lead to delays in visa renewals due to the requirement of an interview for many more visa applicants, so please plan accordingly and do not proceed under the assumption that you are Dropbox eligible unless your visa expired within twelve months ago.

We remain available to help clients with visa processing issues that may be caused by this policy change, and as always it is important to double check on your planned visa application before you leave the U.S. to ensure you are in a position to meet current government processing requirements when you submit your passport. We will continue to monitor the situation and report on any other eligibility changes for our clients related to visa and other programs.

Please reach out to your BIL attorney with any questions.

March Visa Bulletin

The March Visa Bulletin has been released by the Department of State. There are no changes from the February Visa Bulletin for employment-based categories for dates for filing, but there is some movement for Final action dates, specifically in EB-2 and EB-3 categories.

Notably, in the EB-2 category, India advances from October 15, 2012, to December 1, 2012; China advances from April 22, 2020, to May 8, 2020; and all other countries advance to May 15, 2023. In the EB-3 Professionals and Skilled Workers Category, India advances three weeks from December 15, 2012, to February 1, 2013; China advances from July 1, 2020, to August 1, 2020; while all other countries remain consistent at December 1, 2022. In the EB-3 Other Workers Category, India advances from December 15, 2012, to February 1, 2013; China remains at January 1, 2017; advances from December 8, 2020, to January 15, 2021; and all other countries advance from December 8, 2020, to February 1, 2021.

CANADIAN BUSINESS IMMIGRATION UPDATES

Changes to Open Work Permit Eligibility for Family Members

Effective January 21, 2025, IRCC introduced updated eligibility criteria for open work permits (OWPs) available to family members of international students and foreign workers:

Eligibility for Spouses: Family OWPs are now limited to:
- Spouses of international students enrolled in Master’s or Doctoral programs lasting 16 months or longer, as well as select professional programs.
- Spouses of foreign workers employed in TEER 0 or 1 occupations and select TEER 2 or 3 roles in high-demand sectors such as healthcare, education, and construction.
Exclusions: Dependent children are no longer eligible for family OWPs under this program. However, existing OWPs under previous measures remain valid until their expiration.
Renewals: Family members may apply to renew their OWPs if they meet the same criteria as their current permits.
Alternative Pathways: Ineligible family members can explore other work permit options available under Canada’s immigration programs.

These updates aim to streamline work permit issuance while addressing labor market demands.

New Immigration Pilots for Rural and Francophone Communities

Canada is tackling critical labor shortages in rural and Francophone communities through two new immigration pilots: the Rural Community Immigration Pilot (RCIP) and the Francophone Community Immigration Pilot (FCIP). These programs empower local economic development organizations to identify pressing labor gaps within their regions. These organizations will then designate trustworthy employers and recommend suitable candidates to Immigration, Refugees and Citizenship Canada (IRCC) for permanent residence. IRCC has initiated training for these organizations, and each participating community will announce specific details and timelines for employer and prospective permanent resident applications in the near future.

The RCIP encompasses a broad range of communities across Canada, from Pictou County, Nova Scotia, to the Peace Liard region of British Columbia. Participating communities also include locations in Ontario, Manitoba, Saskatchewan, and Alberta, showcasing a nationwide effort to address rural labor needs. The FCIP focuses specifically on bolstering Francophone communities, with participating locations in New Brunswick, Ontario, Manitoba, and British Columbia. Both pilots represent a targeted approach to immigration, aiming to fill vital labor gaps while supporting the growth and vitality of smaller communities and Francophone populations. Further information about both pilots can be found on the IRCC website.

Canada and the United States have updated their information-sharing agreement regarding visa and immigration data. Effective January 17, 2025, regulatory changes now permit the automated exchange of biographical and biometric information specifically for permanent residents of both countries. This expanded sharing builds upon the original 2012 agreement, which covered all foreign nationals, and aims to enhance security screening and decision-making within each country’s immigration programs. The exchange will be triggered by a request during immigration screening processes, such as visa applications, once the necessary systems are implemented.

The updated agreement allows immigration and border officials to better verify identities, strengthen admissibility screening, and streamline visa issuance for individuals with demonstrated immigration compliance in the United States. Both countries retain ultimate decision-making authority. Crucially, the agreement includes privacy protections to ensure the appropriate handling of shared data. This expanded information sharing is intended to bolster visitor screening, identity potentially non-genuine travelers before arrival in Canada, and ultimately support a well-managed immigration system that prioritizes the security of Canadians. The full regulatory amendments are available in the Canada Gazette, Part II, with updates also accessible on IRCC website.

New Rules to Strengthen Temporary Resident Document Cancellations, and Border Security and Integrity

Canada has strengthened its border security and the integrity of its temporary resident programs by updating regulations regarding the cancellation of temporary resident documents. Effective January 31, 2025, Immigration, Refugees and Citizenship Canada (IRCC) granted immigration and border services officers explicit authority to cancel electronic travel authorizations (eTAs) and temporary resident visas (TRVs) under specific circumstances. These circumstances include situations where an individual’s status changes, rendering them inadmissible (e.g., due to false information, criminal history, or death), or when officers are not convinced of their intent to leave Canada within the authorized timeframe. Document cancellation is also authorized for lost, stolen, destroyed, or abandoned documents.

Furthermore, the updated regulations allow for the cancellation of TRVs, eTAs, work permits, and study permits when individuals become permanent residents, are deceased, or if the document was issued due to an administrative error. These amendments, published in the Canada Gazette II, aim to bolster the security of Canada’s borders and the overall integrity of its temporary residence programs. The IRCC has affirmed its commitment to ongoing process improvements and investments in tools to safeguard the Canadian immigration system.

Better Support for Foreign Nationals Facing Human Trafficking and Family Violence in Canada

Canada is strengthening its support for foreign nationals who are victims of human trafficking and family violence. Effective February 4, 2025, Immigration, Refugees and Citizenship Canada (IRCC) will provide victims and their dependents with initial temporary resident permits (TRPs) lasting at least 12 months, with some exceptions. Furthermore, IRCC will waive fees for subsequent TRPs, work permits, study permits, and biometrics. These enhancements build upon existing measures, such as the special TRP for human trafficking victims (available since 2006) and the TRP for family violence victims (introduced in 2019), which provide temporary status, access to work and study permits, and healthcare coverage. These changes aim to remove barriers preventing victims from accessing crucial support, stabilizing their lives, and obtaining necessary resources and services.

Super Visa Program Accessibility Improved

On January 28, 2025, Immigration, Refugees and Citizenship Canada (IRCC) announced significant changes to the Super Visa Program, making it more accessible for applicants. The Super Visa allows parents and grandparents of Canadian citizens and permanent residents to visit Canada for extended periods. Key updates include:

Expanded Health Insurance Options: Applicants are no longer restricted to purchasing private health insurance from Canadian providers. They may now obtain health insurance from international companies, provided these insurers are authorized by the Office of the Superintendent of Financial Institutions (OSFI) and meet Canadian regulatory standards.
Coverage Requirements: Health insurance must cover the entire duration of the applicant’s stay in Canada and be valid for each entry.
Purpose of the Change: These updates aim to facilitate family reunification while ensuring that visitors maintain adequate health insurance coverage.

If you have questions about any of these updates or require assistance navigating the changes, please contact our team at Brown Immigration Law.

NEW LEARNING OPPORTUNITIES

H-1B Contingency Planning – Think Canada

Join Partner, Mason Ellis, and Supervising Attorney, Barbara Vaz, for an in-depth discussion on contingency planning for those not selected in the H-1B lottery, with a focus on the Canadian option. Whether your company is based in the U.S., Canada, or both, Mason and Barbara will explain how to leverage Canadian immigration options to ensure continuity for U.S. workers impacted by an unsuccessful H-1B cap season.