USCIS Completes Selections from Electronic Registrations for FY2026 H-1B Cap

On March 31, 2025, United States Citizenship and Immigration Services (“USCIS”) announced they had received enough initial electronic registrations for unique individuals for the fiscal year 2026 (“FY26”) H-1B cap, as well as the advanced degree exemption (master’s cap) and have randomly selected enough properly submitted registrations. The Service has completed the notifications to all employers who submitted online registrations. Those with selected registrations may begin filing H-1B cap subject petitions for FY2026 as of April 1, 2025 and the period to file their petition with the service will be at least 90 days. Petitions may be filed either on paper at the correct filing location  or online at my.uscis.gov within the filing period that is indicated on the selection notice.

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DHS Publishes Proposed Rule to Modernize H-1B Program

On October 23, 2023, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking in the Federal Register to “modernize the H-1B specialty occupation worker program.” There is a sixty-day notice and comment period for the proposed rule, and the public is invited to submit comments on the Federal Register website.

The proposed rule sets out to impose changes to the H-1B program, as well as to codify a number of existing rules. We must point out that the proposed rule is quite lengthy; therefore, our summary does not cover all of the proposed changes. We will outline a few of the most notable proposed changes below which we feel may be of most interest to our community.

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USCIS Announces New Mail Delivery Process for Receiving ADIT Stamp

United States Citizenship and Immigration Services (“USCIS”) has announced that US lawful permanent residents (“LPRs”) who find themselves without a valid Green Card in their possession to demonstrate their current LPR status may now receive temporary evidence of their status by mail, rather than having to physically visit a field office to receive an Alien Documentation, Identification and Telecommunication (“ADIT”) stamp, which is also known as an I-551 stamp.

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Ensconced in Limestone Caves, Naturalization Applications Backlogged

Since 1944, The United States Citizenship and Immigration Service (“USCIS”) has created Administrative Files or “A-files” containing all records of any active immigration case pertaining to foreign nationals not yet naturalized to become US citizens. Without an A-file created during the immigration and inspection process an individual cannot be granted permanent residency or citizenship. These files are housed in storage facilities known as Federal Records Centers (“FRCs”) which are located underground beneath the administration of the National Archives and Records Administration (“NARA”). FRCs are made up of “miles-long networks of man-made limestone caves built beneath the Kansas City metro area” and due to the COVID-19 pandemic, FRCs have been either temporarily closed or operating under limited capacity to ensure the safety of workers. In fact, The Wall Street Journal reported that NARA said in a statement that it has kept staff levels at 25% at its Kansas City facility because it is “an area of high transmission.”

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As DHS Withdraws Trump-Era Biometrics Rule, USCIS Will Temporarily Suspend Biometrics for Certain I-539 Applicants and Allow Biometrics Phone Rescheduling

Over the past few weeks, both U.S. Citizenship & Immigration Services (USCIS) and the Department of Homeland Security (DHS) made significant announcements regarding biometrics for certain visa applications as a way of addressing the extensive backlogs for these cases.

Suspending Biometrics for Certain I-539 Applicants

First, effective May 17, USCIS announced that they “will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status.” USCIS noted that the agency will permit adjudications for those specific categories to proceed based on biographic information and related background checks, without needing fingerprints and a photograph. The temporary suspension will apply through May 17, 2023, and may be extended or revoked by the USCIS director.

This temporary change in policy will impact applicants seeking an extension of stay or change of status to H-4 (spouses and children of H-1B’s), L-2 (spouses and children of L-1’s), and E (dependents of E-1, E-2 and E-3 principal nonimmigrants) status, whose applications were pending on May 17, 2021 and who have not yet received a biometric services appointment notice, as well as those filing their application after May 17, 2021. Unfortunately, O-3 (spouses and children of O-1s) are not included in the temporary biometrics submission suspension.

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USCIS Announces Form I-765 Can Now Be Filed Online by F-1 Students Seeking Optional Practical Training

On April 12, 2021, US Citizenship & Immigration Services (USCIS) announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online as long as they are filing under one of these categories:

  • (c)(3)(A) – Pre-Completion OPT;

  • (c)(3)(B) – Post-Completion OPT; and

  • (c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.

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USCIS Extends Flexibility for Responding to Agency Requests

In response to the ongoing coronavirus (COVID-19) pandemic, US Citizenship & Immigration Services (USCIS) is yet again extending the flexibilities it originally announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to:

  • Requests for Evidence;

  • Continuations to Request Evidence (N-14);

  • Notices of Intent to Deny;

  • Notices of Intent to Revoke;

  • Notices of Intent to Rescind;

  • Notices of Intent to Terminate regional centers;

  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;

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USCIS Will Revert Back to the 2008 Version of the Naturalization Civics Test Effective March 1, 2021

On February 22, 2021, US Citizenship & Immigration Services (USCIS) announced plans to revert to the 2008 Version of the naturalization civics test effective March 1, 2021, after the Trump administration, in late 2020, implemented a new version of the test for naturalization applications filed on or after December 1, 2020. Those who file for naturalization after March 1, 2021 will be given the 2008 test to which the Biden Administration is reverting. However, those who filed or will file between December 1, 2020 and March 1, 2021 will be given the option of taking either the 2020 Trump era version or 2008 version of the test.

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BuzzFeed News: "'Illegal Alien' Will No Longer Be Used In Many US Government Communications"

For many years the American government has used such terms as “alien” and “illegal alien” when referring to non-US citizens—terms that many immigration advocates have denounced as “dehumanizing” and offensive. Now, under direction from the Biden administration, Tracy Renaud, the senior official performing the duties of the director of US Citizenship & Immigration Services (USCIS), has issued a memo for the agency to no longer refer to foreign nationals as “illegal alien,” “alien,” or “undocumented alien” in internal and external communications, but rather to use the terms “noncitizen,” “undocumented noncitizen,” or “undocumented individual.” Additionally, USCIS will no longer use “assimilation,” but instead use the term “integration,” and also will refer to those who apply for immigration benefits as “customers.”

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