Immigration News Monthly Roundup - July 2025
H-1B CAP Reached for FY2026
This means there will be no 2nd round of summer selections for the people registered back in March (2025). This news was surprising. There has always been a Round 2 every year (since 2020, when the system changed and was revamped). Moreover, this year, like is the case every year, countless cases simply were not filed by the 6/30 petition submission deadline (as things change and people leave jobs, or layoffs at companies ensue, etc.). This was strange news to learn to be sure. Alas, the H-1B CAP now is closed for the calendar year, until the new year’s registration work can begin next March (2026).
https://www.uscis.gov/newsroom/alerts/uscis-reaches-fiscal-year-2026-h-1b-cap
Major Changes Proposed for Next Year’s FY2027 H-1B CAP Lottery
New rule recently was proposed and likely will be implemented that would radically change how people are selected in the annual H-1B CAP lottery process. It’s not a new idea. This was attempted before and has been revived again. New rule has been proposed and needs to be published, after which a mandatory “Notice & Comment” period ensues. So while still at mere proposal stage for now, the system (if this measure is adopted), it would move to one more “merit-based”, according greater weight and strength to jobs that are higher paying. This is concerning, as the expectation (based on prior data and past study of this recycled old idea) is it would completely eliminate any true entry-level or “Level I” case from being selected in the H-1B CAP lottery (which is exactly what that process is designed to embrace, i.e., entry-level workers and jobs). In addition to this, about half of all “Level II” wage-defined cases, they so, too, would fail (simply for being lower-paying on scale or balance). The government, note, to explain more, uses only a 4-tier “pay grade” system to reflect determined wage standards and levels (which are updated and released annually, each July). Level I is the lowest rung and Level IV the highest. New proposal would weight the H-1B CAP selection process in favor of jobs higher paying. When this all was proposed and studied before, the expectation became that Level III & Level IV cases would be fine; Level II then would become a true toss-up; and at Level I, you’re effectively toast and have no shot. This is big news and obviously is something to watch. We’ll have more on it for you, as new details are released and emerge.
H-1B Layoffs and Invocation of 60-Day Grace Period Leading to NTA Issuance & Immigration Court/Deportation Proceedings Beginning
Whenever an H-1B employment relationship comes to an end, the H-1B petitioning employer must write USCIS to withdraw the person’s previously approved I-129 petition. Never in the past did this required “clean-up” step result in any retaliatory action being taken against individual employees (who had just lost their jobs, typically unexpectedly). This now has changed. Now for the very first time, this circumstance sometimes (but not always) is resulting in the person receiving a Notice to Appear (“NTA”) to go before an immigration judge in what represents the start of deportation proceedings. Employers and the public should know this is happening (and that it is new). They should take it very seriously. While they are admittedly scary to get, there are actionable strategies that can be used to make the NTA go away. You have to either produce a new I-129 receipt for an H-1B transfer filed timely while in the 60-day grace period’s “safe harbor” protection window; or alternatively produce an I-797 receipt for a timely-filed change of status application (e.g., to a B-2 tourist or to some derivative status, like an H-4, that might be available through a spouse). Take this seriously and approach with caution. If the job search is not going well and you fear you may need more time (just a reality for many in today’s tough economy), please do file a timely I-539 application to change status before the 60-day grace period ends. That is the way to protect yourself against new fear of deportation and an NTA (all the while just looking for a new job).
Starting September 2025, Interviews Mandatory for Overseas Visa Applications
This effectively eliminates any past/prior interview-waiver or “drop-box” procedures that many countries have had in place and enjoyed now for many years. This measure only will serve to further slow overseas consular processes and procedures, already hampered by reduced staff, abrupt office closures, and great internal pressure. This highlights another reason, we feel, it is smart and prudent to generally continue avoiding consular processing for now. Clients should refrain from traveling abroad, if at all possible. Those that do elect to travel do so at their own risk and must understand there is not much that can be done to expedite the matter where things happen to go wrong. Travel adds an element that can be more difficult to manage today. This news item is another example why.
https://travel.state.gov/content/travel/en/News/visas-news/interview-waiver-update-july-25-2025.html
Longer Citizenship Civics Test Incoming
New USCIS Director, Joseph Edlow, announced his desire to return to a lengthier examination of twenty questions in total, up from the current ten. So instead of passing the test upon getting the first six questions right, applicants would now need to reach twelve correct answers in order to pass and earn US Citizenship.
Birthright Citizenship News
To date, nothing here has changed. Executive Order (“EO”) has been restrained; it has never been effective, nor to date implemented. This means today (07/27/2025) that children born in the United States continue to be U.S. citizens, regardless of the alienage of the parents. Barbara v. Trump is newer active class action litigation. It’s resulted in a preliminary injunction, issued and already effective, enjoining that EO from taking effect (this even after the recent US Supreme Court action and decision). This litigation victory, for now, keeps the law on birthright citizenship the same here as it long has been: that being that if you’re born here, then that’s enough, consistent with the Constitution. Here’s a link for news on the latest with this case: https://www.aclu.org/press-releases/federal-court-blocks-trump-birthright-citizenship-order-certifies-nationwide-class-protecting-all-impacted-babies
However, in related news, note that on Friday, July 25th, an agency memorandum was released, showing how the government would proceed to implement the EO, if allowed to do so (contingent on how things play-out in the courts first). We’re focused here largely on families with two nonimmigrant parents and how this would look, as we have many clients in the practice, say, where both parents have their own H-1Bs, or maybe one works as such and the other is a student. Agency memo from 7/25 (see link below to view and read it), it identifies a registration process that would be used, through which the child would be able to obtain and receive the same benefits as the parent(s), e.g., child of H-1B would presumably get an H-4. They analogize this new process (in the memo) to how children of foreign diplomats and ambassadors currently are processed and handled. It gave us a glimpse for the first time of how this actually would look (contingent, again, on final litigation outcomes first). You can find the memo here (just remember it is NOT effective today and hopefully will never be so):
https://www.uscis.gov/sites/default/files/document/policy-alerts/IP-2025-0001-USCIS_Implementation_Plan_of_Executive_Order_14160%20%E2%80%93%20Protecting_the_Meaning_and_Value_of_American_Citizenship.pdf
Further Information & Guidance
If you’re an individual affected by these recent developments, or an employer with employees who are affected, we encourage you to reach out for guidance. Our firm is here to help guide you through these challenges.
