New DHS Registration Requirement for Foreign Nationals from April 11, 2025

On April 11, 2025, a significant change to US immigration enforcement took effect. The United States Department of Homeland Security (“DHS”), through US Citizenship and Immigration Services (“USCIS”), began implementing a new registration requirement for certain foreign nationals physically present in the United States for 30 days or longer. This change stems from President Trump’s January 2025 Executive Order titled Protecting the American People Against Invasion and is detailed in an Interim Final Rule published in the Federal Register on March 12, 2025. This post explains what the new registration requirement entails, who it affects, and what actions foreign nationals must take to remain in compliance with US immigration law.

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Foreign National Students Facing Visa Revocations

Since April 4, 2025, international students in the United States on valid F-1 student visas have reported receiving notice that their SEVIS (“Student and Exchange Visitor Information System”) records had been terminated and their F-1 visas revoked—effectively leaving them without lawful status. According to The Guardian, students from more than 50 universities shared that their visas were canceled around April 4 with many noting they had never been charged with any criminal offenses. These reports follow a series of alarming developments involving the detention of foreign national students for their participation in pro-Palestine activities and the Department of State’s confirmation that over 300 student visas had been revoked. Secretary of State Marco Rubio cited national interest and students’ criminal records as the basis for these actions.

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USCIS Abandons Third Gender Option

On April 2, 2025, United States Citizenship and Immigration Services (“USCIS”) announced it is updating the USCIS Policy Manual  to recognize only two biological sexes, male and female, for all immigration-related benefits requests and documentation. Under the guidance, “USCIS considers a person’s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth.” The decision will impact a variety of key documents that the USCIS issues, including green cards, employment authorization documents, and naturalization certificates.

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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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FY2026 H-1B Lottery Kick Off

Here we are, ready to kick off the fiscal year 2026 (“FY26”) H-1B cap. US Citizenship and Immigration Services (“USCIS”) announced the initial registration period for the FY26 H-1B cap will begin at 12pm Eastern on March 7, 2025, and run through 12pm Eastern on March 24, 2025. During this registration period, prospective petitioners and representatives will be able to submit their H-1B registrations using online accounts and pay the required fee for each registration submitted on behalf of individual beneficiaries. The Service is maintaining its beneficiary-centric selection process launched last year for FY2025.

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USCIS Cancels COVID-19 Vaccination Requirement

United States Citizenship and Immigration Services (“USCIS”) announced that effective January 22, 2025,  the requirement for applicants seeking adjustment of status to lawful permanent resident status to provide proof of COVID-19 vaccination on their Form I-693 Report of Immigration Medical Examination and Vaccination Record has been removed. USCIS also states that the Service will not issue Requests for Evidence (“RFEs”) or Notices of Intent to Deny (“NOIDs”) asking for proof of COVID-19 vaccination.  Furthermore, I-485 Applications to Register Permanent Residency or Adjust Status will not be denied solely on the basis of the applicant’s failure to provide COVID-19 vaccination documentation.  

New USCIS Guidance for O-1’s in the AI and Tech Fields

On January 8, 2025, United States Citizenship and Immigration Services (“USCIS”) released new guidance in its policy manual clarifying how the agency assesses evidence for O-1 visa eligibility for individuals with extraordinary ability. The O-1 visa is designed for individuals with extraordinary abilities in the fields of science, arts, education, business, or athletics, as well as those who have achieved notable success in the motion picture or television industry, with recognition at a national or international level. The updates include detailed examples from evolving industries, particularly technology and creative sectors, recognizing the changing landscape of work and innovation, thereby allowing individuals in fields like artificial intelligence, digital media, and other emerging areas to better demonstrate their impact.

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DHS Publishes H-1B Modernization Final Rule to Improve Program Integrity and Efficiency

On December 18, 2024, the Department of Homeland Security (“DHS”) published a Final rule in the Federal Register modernizing and increasing the efficiency of the H-1B program, adding benefits and flexibilities, and improving integrity measures. This rule will become effective January 17, 2025.

The final rule imposes changes to the H-1B program and codifies a number of existing rules. We must point out that the final rule is quite lengthy; therefore, our summary does not cover all of the changes. We have outlined a few of the most notable updates and changes below which we feel may be of most interest to our community.

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