Search
Contact
Login
Share this article
Update on applications received for requested date of need from Oct. 1, 2024, through March 31, 2025 (fiscal year (FY) 2025 first half of the visa cap):
The Department of Labor reported that as of June 14, a total of 5,947 cases were issued Final Decisions. Certified positions for this period were allocated for 111,225 workers.
In April, U.S. Citizenship and Immigration Services reached the additional H-2B visa cap made for returning workers for the early second half of FY 2025 with start dates from April 1 to May 14, 2025.
Update on applications received for requested date of need from April 1, 2025 (FY 2025 second half of the visa cap):
As of June 14, a total of 8,723 cases were issued Final Decisions. Certified positions for this period were allocated for 118,846 workers.
Additional Information: Per USCIS, allocation of the 64,716 supplemental H-2B visas for the late second half of FY 2025 (May 15 through Sept. 30) 5,000 visas were limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023 or 2024, regardless of country of nationality.
These late second half of FY 2025 petitions must request employment start dates from May 15, 2025, through Sept. 30, 2025.
This alert has been provided by the BAL U.S. Practice Group.
Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
A federal court expanded a Preliminary Injunction (PI) on June 17 pausing enforcement of the Trump administration’s new passport policy and allowing the issuance of U.S. passports to applicants with an “X” marker or those listing a sex different from their sex at birth.
Key Points:
Additional Information: In granting the PI, the Court ultimately found the plaintiff’s significant hardships outweighed the government’s burden stating, “The balance of the equities and the public interest favor granting preliminary injunctive relief to members of the PI Class. The plaintiffs have demonstrated that members of the PI Class are likely to face significant hardships absent preliminary injunctive relief. The government contends that the balance of the equities nevertheless tilts in its favor, primarily because of the administrative burden associated with class-wide relief. While this burden may be more than de minimis, it does not outweigh the equities favoring the PI Class.” The complete Court order can be read here.
The Trump administration is expected to appeal the ruling.
BAL will continue to monitor litigation related to this policy and provide updates.
The State Department announced expanded screening and vetting procedures for F, M and J nonimmigrant visa applicants.
Additional Information: BAL is monitoring this guidance and any related litigation.
U.S. Citizenship and Immigration Services issued policy guidance on how the agency processes Form N-648, Medical Certification for Disability Exceptions, to prevent fraudulent exceptions to naturalization requirements.
U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual with guidance on how the agency discloses derogatory information upon which an adverse decision is based.
U.S. Citizenship and Immigration Services is updating its Policy Manual to clarify that a Form I-693, Report of Immigration Medical Examination and Vaccination Record, is only valid while the application the Form I-693 was submitted with is pending.
The Labor Department posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing Times: As of June 9, the department was adjudicating PERM applications filed in February 2024 and earlier and reviewing appeals for reconsideration filed in March 2025 and earlier.
Average Number of Days to Process PERM Applications
PWD Processing Times: As of May 31, the National Prevailing Wage Center is completing the processing of PWD requests filed in:
Redeterminations were being considered on appeals filed in February 2025 and earlier for H-1B visa cases and PERM cases.
Center Director Reviews were being conducted for both H-1B visa cases and PERM cases filed in October 2024 and earlier.
The U.S. State Department released the July Visa Bulletin. U.S. Citizenship and Immigration Services announced filings for employment-based visa preference categories must use the Final Action Dates chart. China dates advanced slightly in every category and India showed slight advancement in the EB-3 visa category.
Final Action Dates:
EB-1 visa
EB-2 visa
EB-3 visa
Additional Information: Review BAL’s employer’s guide to reading the Visa Bulletin to better understand this monthly report.
The Trump administration’s Presidential Proclamation restricting entry to the U.S. from 19 countries has gone into effect as of June 9. The administration’s additional Proclamation restricting entry under student and exchange visitor programs at Harvard University has been put on hold as of June 5 and is not currently in effect.
Additional Information: Foreign nationals are reminded to speak with their BAL team prior to international travel and to be aware of general travel requirements, including maintaining valid status in the U.S. BAL will continue to monitor developments and update accordingly. U.S. immigration policies may change quickly and without prior notice.
For the latest updates and insights regarding immigration policy, in-house immigration professionals are invited to join BAL Community at no cost.
The Department of Homeland Security published notice in the Federal Register that the designation of Nepal for Temporary Protected Status (TPS) will terminate on Aug. 5, 2025.
Additional Information: Nepal was initially designated for TPS on June 24, 2015, for a period of 18 months, based on an earthquake that resulted in a substantial disruption of living conditions. Since then, TPS has been extended several times, with the last 18-month extension starting on Dec. 25, 2023, and in effect through June 24, 2025.
DHS estimates that approximately 12,700 nationals of Nepal (and nonimmigrants having no nationality who last habitually resided in Nepal) hold TPS under Nepal’s designation. Of those, approximately 5,500 have become lawful permanent residents of the U.S.
DHS determined that “conditions in Nepal have improved in several areas relevant to the affected living conditions and Nepal’s ability to handle the return of its nationals.” The termination notice can be viewed here.
The termination of the designation is subject to litigation. BAL will continue to monitor this litigation and related cases.