March 31, 20250

Immigration News – March 2025

At BIL, 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.

New! With so many immigration related updates occurring on a regular basis, we have now created a “Topics we are Monitoring” page available on our website to keep you informed, available here: https://brownimmigrationlaw.com/trending-topics/. Given the high volume of updates, this page is not meant to be comprehensive; instead, it is meant as a curated list of the updates that impact the majority of our clients from a business immigration perspective.

While we will continue our regular cadence of monthly newsletters and breaking news alerts when needed, this page will cover topics that are rapidly unfolding where official or confirmed guidance might not yet be available. Current topics covered include:

Uniting for Ukraine Faces Possible Revocation
Impending Travel Ban
USCIS Collection of Social Media Identifiers on Immigration Forms
Alien Registration Requirement
Trump’s “Gold Card” Proposal
Trump Tariffs
Stay tuned for more.

U.S. BUSINESS IMMIGRATION UPDATES

FY 2026 H-1B Initial Registration Selection Process Completed

The registration period for this year’s H-1B lottery officially closed at 12:00PM EST on March 24^th, 2025. On March 31, 2025, USCIS announced that the initial selection process has been completed, noting the following:

“U.S. Citizenship and Immigration Services has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2026 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). We have randomly selected enough beneficiaries with properly submitted registrations projected as needed to reach the H-1B cap and have notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries.”

As explained in our firm’s memo, there may be future round of selections if USCIS does not receive and approve enough cases to meet the cap.

We will generally begin reaching out to our clients within 24-48 hours upon receiving the news of the selections. Kindly wait for our attorneys to reach out to you first, as they’re handling the necessary steps on the backend before we can share the selections without delay. In meantime, if you missed our prior webinar or just want to better understand options if your current status is expiring, you can visit our webinar titled “Contingency Planning for H-1B Cap Filing Replay”, which is available on demand here: https://brownimmigrationlaw.com/webinar/contingency-planning-for-h-1b-cap-filing-replay/.

ICYMI: Travel Considerations

According to anonymous government sources, the Trump Administration is preparing to implement a travel ban that could bar or severely restrict entry for citizens of up to 43 countries, though no final decisions have been reported. At this point, we only have access to a draft policy. It is unknown what the final policy might entail or when it might take effect; an earlier Executive Order asked the Department of State and other agencies to have completed their review by March 21, 2025.

A draft list of recommendations from diplomatic and security officials proposes a three-tiered system:

Red List (11 countries): Citizens from these nations would face a total travel ban, preventing them from entering the U.S. under any circumstances.
Orange List (10 countries): These nations would face sharply restricted visa policies, with entry primarily limited to affluent business travelers and subject to mandatory in-person visa interviews.
Yellow List (22 countries): These countries would have 60 days to address perceived security deficiencies or risk being moved to the red or orange lists.

It is unclear whether current visa holders or lawful permanent residents (green card holders) from affected countries would be exempt from the new rules. Officials have also not specified whether the administration will provide waivers or exemptions for certain categories of travelers, such as students or family members of U.S. citizens.

The finalized recommendations are expected to be acted on by the White House soon, though changes to the list or overall policy are possible, and the timeline is very uncertain.

We caution that similar action restricting travelers from seven majority-Muslim nations was taken during Trump’s first term with little to no warning. As such, individuals from countries on the Red or Orange list below may wish to exercise caution and return to the U.S. as soon as possible before new restrictions might take effect. If you have upcoming international travel, please contact your BIL attorney for a case specific assessment.

Draft List of Proposed Travel Ban Countries (NOTE: This list is subject to change and has not been finalized yet)

Red List (Total Travel Ban – 11 Countries)

            1.         Afghanistan
            2.         Bhutan
            3.         Cuba
            4.         Iran
            5.         Libya
            6.         North Korea
            7.         Somalia
            8.         Sudan
            9.         Syria
            10.      Venezuela
            11.      Yemen

Orange List (Severely Restricted Visas – 10 Countries)
            12.      Belarus
            13.      Eritrea
            14.      Haiti
            15.      Laos
            16.      Myanmar
            17.      Pakistan
            18.      Russia
            19.      Sierra Leone
            20.      South Sudan
            21.      Turkmenistan

Yellow List (60-Day Compliance Period – 22 Countries)
            22.      Angola
            23.      Antigua and Barbuda
            24.      Benin
            25.      Burkina Faso
            26.      Cambodia
            27.      Cameroon
            28.      Cape Verde
            29.      Chad
            30.      Republic of Congo
            31.      Democratic Republic of Congo
            32.      Dominica
            33.      Equatorial Guinea
            34.      Gambia
            35.      Liberia
            36.      Malawi
            37.      Mali
            38.      Mauritania
            39.      St. Kitts and Nevis
            40.      St. Lucia
            41.      São Tomé and Príncipe
            42.      Vanuatu
            43.      Zimbabwe

We will continue to monitor for updates and share any further information as soon as it’s known. Additionally, our Managing Partner, David Zaritzky Brown will be holding a webinar on this and other recent developments at noon CST on Wednesday April 2^nd. Register here!

DOS Visa Revocation Authority Update

AILA’s DOS Liaison Committee provides the following overview to the DOS authority to revoke the visas of individuals present in the United States. We provide the following for informational purposes from AILA Document 25032861:

“Executive Order 14188 (EO) on Additional Measures to Combat Antisemitism, signed by President Trump on January 30, 2025, provides for “the removal of resident aliens who violate our laws.” Secretary of State Marco Rubio subsequently announced that individuals who espouse support for Hamas would have their visas revoked. Separately, the Department of State, in collaboration with the Department of Homeland Security, is also seeking the removal of a lawful permanent resident who the government alleges is a supporter of Hamas. INA Section 221(i) gives the Secretary of State discretionary authority to revoke a nonimmigrant visa at any time. DOS may revoke a visa upon receipt of derogatory information (such as an arrest) without the need for a conviction. Furthermore, DOS may revoke the nonimmigrant visa of an individual physically present in the United States.

Notwithstanding the general statutory authority granted to DOS, consular officers are prohibited under 9 FAM 403.11-3(B) from revoking a visa when the individual is in the U.S. other than revocation based on driving under the influence (DUI). The authority to revoke a nonimmigrant visa for an individual already in the U.S. rests solely with the Visa Office of Screening, Analysis and Coordination (CA/VO/SAC) at DOS headquarters.

This differs from “prudential revocation,” where per 9 FAM 403.11-5(B), the Department may “prudentially revoke a visa if an ineligibility or lack of entitlement is suspected, when an individual would not meet requirement for admission, or in other situations where warranted, including when the Department receives derogatory information directly from another U.S. Government agency, including a member of the intelligence or law enforcement community. That office instructs the consulate that issued the visa to notify the nonimmigrant of the revocation. Per 9 FAM 403.11-5, consular officers are instructed to follow the instructions in the revocation notices sent by DOS headquarters and that “[a]lthough the Department is not required to notify an individual of a revocation done pursuant to the Secretary’s discretionary authority, you should do so unless instructed otherwise, especially in cases where the revoked visa was issued to a government official.” Hence, while it may appear that the consular post revokes the nonimmigrant visa, it is actually DOS headquarters.

Once the visa is revoked, ICE would be able to initiate removal proceedings under INA 237(a)(1)(B) (present in violation of law) and could also allege, among other grounds, that the individual is deportable under INA 237(a)(4)(C)(i), “An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.”

The revocations that are reported in the press are deeply concerning. We recognize that a visa is not a right but a privilege, but one that once earned should not be taken away because of concerns about the nature of one’s speech or common political affiliations. Visa policy should be based on common sense judgement and appropriate legal standards. These sudden and dramatic efforts – masked and armed ICE agents surrounding a lone student – send a chill down the spine of all law-abiding visa holders currently in the U.S. If your visa is unexpectedly revoked please let us know so we can advise accordingly.

Electronic Device Searches Upon Entry into U.S.

Regrading international travel, we also note that travelers, including U.S. citizens, seeking entry into the United States may face electronic device searches upon entry when going through customs. To assist with understanding these rules, we have published a memo, which is available here: https://brownimmigrationlaw.com/resources-library/electronic-device-searches-upon-entry-into-u-s/.

AILA Litigation Win – Grace Periods on Form Editions Granted!

USCIS has started mandating the use of new filing form edition dates without a grace period; meaning, no overlap in the time between the acceptance of the old form and the required use of the new form editions. From a timing perspective and a logistics perspective, this was highly concerning, as many immigration cases are very time sensitive and a rejection of the case due to the edition date could have devastating impacts for some applicants and petitioners. Given these impacts, the American Immigration Lawyers Association (“AILA”) sued the government in the hopes of a more reasonable policy.

Following the Complaint filed by AILA and Benach Collopy LLP, USCIS has updated its forms webpage to reflect a one-month grace period for forms issued in the past two weeks. Initially, USCIS required immediate use of new form editions without notice or transition time, prompting concerns among practitioners, as noted above. After AILA’s multiple inquiries went unanswered, the lawsuit was filed on March 7, 2025, seeking a reasonable grace period for affected forms and relief for those who had already submitted prior versions. Shortly thereafter, USCIS responded, stating that while no formal grace period is guaranteed, it will exercise discretion in accepting previous versions of forms for a reasonable period. AILA has also received reports that USCIS is receipting cases filed with prior form editions.

We will continue monitoring the situation and provide updates as they become available.

OFLC Deletion of Records from FLAG (As of March 27, 2025)

We paste from the Department of Labor’s Update: “The Office of Foreign Labor Certification (OFLC) reminds stakeholders that it will begin permanently deleting records in the Foreign Labor Application Gateway (FLAG) for which a final determination was made more than five years ago. The records will be deleted as required by OFLC’s records disposition schedule with the National Archives and Records Administration. Employers and their representatives must download any records they need from FLAG prior to OFLC commencing the deletion of records more than five years old. To ensure sufficient time to access and download necessary records, OFLC has extended the deadline to do so by one week. OFLC will begin deleting records at 12:00 AM EDT on Thursday, March 27, 2025…

If you have case older than five (5) years from the date of final determination within the FLAG system, please remember to download these cases no later than March 26, 2025.

The deletion of records is permanent therefore they cannot be obtained by any means. Deleted records will no longer be accessible to either filers or OFLC and cannot be retrieved upon records requests.”

While this update is important, we note that our firm already maintains many of these records electronically and we do not rely on the government’s database, so any impact is small if any.

E-Verify Updates Form I-9 Handbook to Reflect Final Rule for Eligible F-1 Students

Per AILA: “E-Verify announced that Section 7.4.2. of the Handbook for Employers, M-274, has been updated to reflect the DHS final rule, published on December 18, 2024, that automatically extends the duration of status and any employment authorization granted under 8 CFR §274a.12(c)(3)(i)(B) or (C) for an F-1 student who is the beneficiary of an H-1B petition requesting a change of status. Order The I-9 and E-Verify Handbook for a helpful guide to employment verification and compliance issues.”

This issue is only going to arise in certain conditions and it is commonly referred to as “Cap Gap” – or the period between when the current EAD expires and when the H-1B approval goes into effect. If you are having issues understanding how this information should be reflected on the I-9 please let us know.

Ombudsman Closed

On March 21, “AILA has confirmed that the CIS Ombudsman, DHS Office for Civil Rights and Civil Liberties (CRCL), and Immigration Detention Ombudsman (OIDO) offices have been effectively closed as of March 21, with most staff placed on 60-day administrative leave. AILA is working to gather more details on the reasons for the closure and potential next steps for oversight. As a result, any pending inquiries at the CIS Ombudsman’s office should be considered closed, and urgent cases should now be directed to congressional offices.”

The Ombudsman’s office has been effective over the years in resolving specific cases and improving overall USCIS agency services. We will continue to advise our clients of all options available, noting that many organizations and agencies are facing extreme crises due to the current Presidential Administration’s move to reduce access to programs like those mentioned above.

End to CHNV Parole Programs

Per AILA: “On March 21, the Trump Administration announced its plan to end the parole program for nationals of Cuba, Haiti, Nicaragua, and Venezuela (CHNV), a program that had notably reduced unauthorized entries into the United States…the government provided a USCIS memo that was issued on February 14, 2025, and authorized an administrative hold on all USCIS benefit requests filed by parolees under the United for Ukraine, CHNV, or Family Reunification Parole processes.”

The memo from USCIS lists its purpose as: “This memorandum authorizes an immediate USCIS-wide administrative hold on all pending benefit requests filed by aliens who are or were paroled into the United States under the U4U, CHNV, or FRP processes pending the completion of additional vetting flags in ELIS to identity any fraud, public safety, or national security concerns.”

We will continue to monitor for updates, noting the devastating consequences that this action has for many currently present in the United States.

April Visa Bulletin

The Visa Bulletin for April has been released. EB-1: All countries remain the same, except for EB-1 India, which advanced by two (2) weeks. For EB-2 and EB-3, there were movement, including EB-2 China advancing by nearly five (5) months, which was the largest shift. Importantly, there was a retrogression in EB-5 for India and China, with China moving from July 16, 2015 to January 22, 2014 and India from January 1, 2022 to November 01, 2019. The DOS has also announced the unavailability of EB-4 for the rest of the Fiscal Year (Annual Limit Reached).

CANADIAN BUSINESS IMMIGRATION UPDATES

Express Entry System Updates for 2025

The Government of Canada has introduced several amendments to the Express Entry system for 2025, reflecting its commitment to addressing critical labor shortages and refining its immigration policies. These changes include the establishment of a new Education category, a heightened focus on the Canadian Experience Class, modifications to category-based invitation rounds, and adjustments to eligible occupations within existing categories.

Introduction of the Education Category

In 2025, a new Education category has been added to the Express Entry system. This category is designed to select federal economic immigrants whose qualifications and experience align with Canada’s long-term labor market needs. The occupations identified within this category include:

Elementary and secondary school teacher assistants
Instructors of persons with disabilities
Early childhood educators and assistants
Elementary school and kindergarten teachers
Secondary school teachers

This addition underscores the federal government’s prioritization of workforce shortages in the education sector.

Focus on the Canadian Experience Class

The primary focus of federal economic class draws under Express Entry in 2025 will be to invite candidates with Canadian work experience (Canadian Experience Class) to apply for permanent residence. This initiative highlights the government’s preference for individuals who have already demonstrated their ability to integrate into the Canadian labor market.

Category-Based Invitation Rounds and Modifications

To support Francophone immigration targets and address labor shortages in key sectors, Immigration, Refugees and Citizenship Canada (IRCC) will continue to conduct category-based invitation rounds. The following sectors will be prioritized:

French Language Proficiency: To strengthen Francophone communities outside Quebec, candidates with strong French language skills will be prioritized.

Healthcare and Social Services: Occupations added include animal health technologists and veterinary technicians, cardiology technologists, dental hygienists and therapists, pharmacists, pharmacy technicians, social and community service workers, and social workers. Educational counsellors and instructors of persons with disabilities have been removed.

Trades: New additions include contractors in oil and gas drilling, floor covering installers, painters and decorators, roofers and shinglers, concrete finishers, mechanics, cabinetmakers, and various construction trades. Occupations removed include residential and commercial installers and servicers.

Education: The Education category directly addresses labor shortages within the sector, listing occupations such as elementary and secondary school teacher assistants, instructors of persons with disabilities, early childhood educators and assistants, elementary and kindergarten teachers, and secondary school teachers.

Removal of the Transport Category

The Transport category is no longer included in the Express Entry category-based draws for 2025.

Changes to Eligible Occupations in Existing Categories

Several modifications have been made to the list of eligible occupations across different Express Entry categories:

Healthcare and Social Services: Eight occupations have been added, and six have been removed.

Science, Technology, Engineering, and Math (STEM): Six occupations have been added, while 19 have been removed. Additions include civil and electrical engineering technologists, geological and mechanical engineers, and insurance agents. Removals include architects, computer-related specialists, data scientists, various engineers, and urban planners.
Trades: Nineteen occupations have been added, and four have been removed. The new additions span various construction and mechanical trades, including cooks and construction estimators. Removals include installers and servicers, elevator mechanics, and machine fitters.

Agriculture and Agri-Food: No new occupations have been added, while two have been removed. The removed occupations include contractors and supervisors in landscaping and agricultural services.

Legal Basis for Category-Based Selection

The authority to conduct category-based selections under Express Entry was established through amendments to the Immigration and Refugee Protection Act in June 2022. These changes enable the selection of immigrants based on specific attributes aligned with Canada’s economic priorities, including work experience and French language proficiency. The IRCC determines the selection categories based on Canada’s economic and demographic needs, with a particular emphasis on labor market demands where domestic workers are insufficient.

Immigration’s Role in Canada’s Labor Force Growth

Immigration is responsible for nearly 100% of Canada’s labor force growth, playing an essential role in addressing labor shortages across key industries. The Express Entry system is structured to attract skilled workers who can successfully integrate into the Canadian economy, with a strong emphasis on transitioning temporary residents to permanent status. Between 2018 and 2024, a substantial proportion of Francophone economic immigrants admitted outside Quebec came through the Federal Skilled Worker Program and the Canadian Experience Class.

Extension of Temporary Measures for Ukrainians Extension of the CUAET Program Deadline

Ukrainians and their family members who arrived in Canada under the Canada-Ukraine Authorization for Emergency Travel (CUAET) on or before March 31, 2024, are now eligible to apply for an open work permit, renew an existing work permit, or apply for a new study permit until March 31, 2026.

Eligibility for Work and Study Permits

The new open work permits issued under this program may be valid for up to three years. The standard application fees will apply. These measures are designed to provide continued support for Ukrainians and their families amid the ongoing conflict in Ukraine.

Extension of Visitor and Student Status

Ukrainians wishing to extend their visitor or student status in Canada may continue to do so under the same conditions as before. Additionally, the government maintains flexibility regarding passport validity requirements, assessing cases individually.

Number of Ukrainians Admitted Under CUAET

Since the CUAET program’s launch in March 2022, nearly 300,000 Ukrainians and their family members have been welcomed to Canada. They have also received federally funded settlement services, financial assistance, and temporary accommodations. Free access to settlement services will remain available until March 31, 2025.

Canada’s Commitment to Refugees from Sudan Increased Refugee Resettlement Targets

Canada has committed to resettling up to 4,000 Sudanese government-assisted refugees by the end of 2026. Additionally, the government intends to support 700 Sudanese refugees through private sponsorship, including waiving the refugee status determination document requirement for up to 350 privately sponsored Sudanese nationals.

Expansion of Family-Based Permanent Residence Pathway

The number of applications processed under the family-based permanent residence pathway has been increased from 3,250 to over 5,000, allowing for the admission of approximately 10,000 individuals. The program has also eliminated the requirement for the Canadian sponsor to reside outside Quebec.

Processing of Previously Returned Applications

The revised humanitarian family pathway will now facilitate applications that were previously returned under the February 2024 pathway due to space limitations.

Financial Assistance and Resettlement Efforts

Between April 2023 and December 2024, over 1,360 Sudanese refugees were resettled in Canada, along with 4,100 non-Sudanese nationals who had been residing in Sudan. In total, approximately 12,815 individuals affected by the conflict in Sudan have been approved for either permanent or temporary residence. Canada allocated over $100 million in humanitarian assistance in 2024 to support efforts in Sudan and neighboring regions.

Rachel Bendayan is Canada’s New Immigration Minister

Following the appointment of Mark Carney as Canada’s new Prime Minister, Rachel Bendayan has been named Minister of Immigration, Refugees and Citizenship. A Member of Parliament for Outremont, Quebec, Minister Bendayan previously served as Minister of Official Languages and held key parliamentary roles related to finance, tourism, and trade.

Policy Shifts Under Previous Minister Marc Miller

During Marc Miller’s tenure, several policy measures were introduced to manage immigration levels and address domestic housing and affordability concerns. These included:

Imposing limits on new study and work permit holders

Reducing permanent resident intake to pre-pandemic levels

Suspending certain Labour Market Impact Assessments in high-unemployment areas

Capping international student enrollments

Implementing new Express Entry category restrictions

Significance of Immigration Policy in Canadian Governance

Immigration remains a pivotal issue in Canada’s political landscape, with its management directly impacting labor force sustainability and demographic stability. IRCC continues to wield significant discretion in executing immigration policy, reinforcing its central role in shaping Canada’s economic future.

Canada Removes Bonus CRS Points for Arranged Employment From Express Entry

Canada has implemented a significant change to its Express Entry system, removing the additional Comprehensive Ranking System (CRS) points previously awarded for arranged employment, including those supported by a Labour Market Impact Assessment (LMIA). Effective March 25, 2025, candidates will no longer receive the 50 or 200 points that significantly boosted their chances of receiving an invitation to apply (ITA) for permanent residence. This change, while described as temporary by Immigration, Refugees and Citizenship Canada (IRCC), impacts all candidates currently in the Express Entry pool who previously benefited from these points, though those who have already received ITAs or have applications in progress are unaffected.

The removal of these points will result in a decrease in CRS scores for candidates with valid job offers, reducing their likelihood of receiving an ITA. Conversely, candidates without job offers will see a relative increase in their standing within the pool, as the overall scores of other applicants decrease. This change aims to combat fraud, particularly the illegal purchase of LMIAs, and strengthen the integrity of Canada’s immigration system. Despite the removal of CRS points, the criteria for qualifying arranged employment remain largely intact, and a valid job offer continues to be relevant for eligibility under certain federal and provincial immigration programs.

Additionally, the revised Ministerial Instructions have also eliminated a provision that expanded qualifying arranged employment for physicians with job offers of less than one year, provided those offers were from specific government or healthcare organizations. The CRS system, which ranks candidates based on factors like age, education, language proficiency, and work experience, remains a crucial component of Express Entry, and IRCC has advised candidates to allow a few days for their scores to update accurately, and to only contact them if issues persist after a week.

NEW LEARNING OPPORTUNITIES

What Trump’s Visa Ban and New Travel Restrictions Mean + Other Updates

According to public reports, the Trump Administration is preparing to implement broad new travel and visa restrictions that could severely restrict entry for citizens of up to 43 countries. In this webinar, Managing Partner David Zaritzky Brown will break down the travel and visa restrictions, focusing on who is impacted, what exemptions might be available, and the criteria driving these decisions.