Industry News

1. Expanded H-2B Visa Cap for FY 2025

The Department of Homeland Security (DHS) and the Department of Labor (DOL) have authorized an increase of up to 64,716 additional H-2B nonimmigrant visas for fiscal year 2025. This expansion aims to assist U.S. businesses facing irreparable harm due to labor shortages. The supplemental visas are allocated as follows:

  • Returning Workers: 44,716 visas are designated for workers who received an H-2B visa or held H-2B status in fiscal years 2022, 2023, or 2024.USCIS

  • Country-Specific Allocation: 20,000 visas are reserved for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, exempt from the returning worker requirement.USCIS

Employers must attest to suffering or impending irreparable harm without the ability to employ all the H-2B workers requested in their petition. Petitions must be filed at the designated filing location by September 15, 2025.

2. Permanent Extension of Work Authorization Validity

Effective January 13, 2025, DHS has implemented a rule allowing certain immigrants with expired work authorization to continue working for up to 540 days while awaiting renewal. This measure addresses significant backlogs in processing Employment Authorization Documents (EADs). The rule applies to various classes of immigrants, including refugees, asylum seekers, Temporary Protected Status holders, and spouses of work visa holders.

3. Updates to Form I-9 and E-Verify Systems

Starting April 3, 2025, E-Verify and E-Verify+ have updated the "Citizenship Status" selection during case creation. The selection "A noncitizen authorized to work" has been updated to "An alien authorized to work." Employers should ensure they select the correct status in E-Verify corresponding to the employee's attestation on Form I-9.

4. Clarified Guidance on EB-2 National Interest Waiver (NIW) Petitions

USCIS has updated its policy guidance to clarify the evaluation of eligibility for the second preference employment-based (EB-2) classification for immigrant petitions filed with a request for a National Interest Waiver (NIW). This update provides detailed criteria for advanced degree professionals and individuals with exceptional ability seeking a waiver of the job offer requirement.

5. Removal of COVID-19 Vaccination Requirement for Green Card Applicants

As of January 20, 2025, USCIS officers will no longer issue Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) related to the COVID-19 vaccination. This change follows the Centers for Disease Control and Prevention's (CDC) update on March 11, 2025, removing the COVID-19 vaccination from the list of required vaccinations for immigrants seeking admission. USCIS

Employers should review these updates to ensure compliance with the latest USCIS policies and procedures. Staying informed about these changes is crucial for effective workforce planning and maintaining legal obligations when employing foreign labor.