We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:
USCIS Selects 35.3% of Unique Beneficiaries in FY 2026 H-1B CAP Lottery Amid Decline in Total Registrations
U.S. Citizenship and Immigration Services (USCIS) announced that it received H-1B CAP registrations for 336,153 unique beneficiaries for the FY 2026 CAP season and selected 118,660 of them — approximately 35.3% — to meet the annual 85,000 CAP. This marks an increase in the selection rate compared to 29% in FY 2025 and 24.8% in FY 2024.
The total number of eligible registrations submitted dropped sharply to 343,981, down from 470,342 in FY 2025. The number of unique beneficiaries also fell from 423,028 last year. Despite this decline, the number of employers participating remained relatively stable, with about 57,600 unique employers in FY 2026, compared to 52,700 in FY 2025.
This is the second year USCIS used a beneficiary-centric lottery system, designed to reduce fraud by preventing multiple registrations for the same individual. USCIS credits this method, along with increased enforcement efforts, for reducing misuse of the system.
USCIS has not yet announced whether a second lottery will be conducted. A decision is expected no earlier than July 2025, after the initial H-1B petition filing window closes on June 30.
June 2025 Visa Bulletin Brings Modest Advancement for EB-2 and EB-3 Categories; USCIS to Follow Final Action Dates
The U.S. Department of State has released the June 2025 Visa Bulletin, showing modest forward movement in several employment-based (EB) green card categories, particularly for China and worldwide applicants, while India sees no advancement across the board. Importantly, USCIS has confirmed it will use the Final Action Dates chart to determine employment-based adjustment of status eligibility in June.
Key Highlights:
- EB-2 China will advance by two months, to December 1, 2020.
- EB-3 China (Professionals and Skilled Workers) will move forward by three weeks, to November 22, 2020.
- EB-2 Worldwide (all other countries) will advance nearly four months, to October 15, 2023.
- EB-3 Worldwide will advance by five weeks, to February 8, 2023.
- All India EB categories (EB-1, EB-2, EB-3) will remain unchanged, with EB-2 at January 1, 2013 and EB-3 at April 15, 2013.
- EB-1 remains current for all countries except India (February 15, 2022) and China (November 8, 2022).
- EB-5 Unreserved: China remains at January 22, 2014, and India at May 1, 2019; all other countries remain current.
- EB-5 Set-Aside categories (Rural, High Unemployment, and Infrastructure) continue to be current for all countries.
Adjustment of Status Filing in June:
USCIS has announced it will honor the Final Action Dates for employment-based green card categories in June 2025. This means foreign nationals whose priority date is earlier than the applicable Final Action Date may file their adjustment of status applications during the month. We encourage eligible applicants to consult with immigration counsel and consider preparing their filings promptly while priority dates remain favorable.Why You Must Check Your I-94 After Every U.S. Entry — And How to Fix Errors Immediately
1. Official Proof of Legal Status:
The I-94 record issued by U.S. Customs and Border Protection (CBP) defines your immigration status and authorized stay in the U.S., not your visa or passport stamp.
2. Errors Can Lead to Unlawful Presence:
If your I-94 shows an earlier expiration date or wrong category (e.g., F-1 instead of H-1B), you could fall out of status without realizing it. Accruing unlawful presence can lead to:
- Ineligibility for change of status or extension.
- 3- or 10-year bars from reentry.
3. I-94 May Not Match Visa Approval:
Even if your visa petition (I-797) was approved for a longer duration, CBP officers sometimes issue I-94s with shorter periods, especially if passport validity is short.
How to Fix an Incorrect I-94:
1. Check Online:
Visit the CBP website: Click here Review your admission date, status, and expiration date. 2. If You Find an Error: (A) If Error Was Made by CBP (Clerical/Port Error):- Go to a Deferred Inspection Site, Find your nearest CBP Deferred Inspection Site here: Click here
Bring Supporting Documents:
- Passport and visa
- I-797 Approval Notice (if applicable)
- Copy of the incorrect I-94
- Proof of correct dates/status
- Most minor errors (e.g., wrong status or date) can be fixed same-day at no cost.
(B) If CBP Did Not Make a Mistake (e.g., short stay due to passport expiry):
- You may need to file a Form I-539 with USCIS to request extension or correction.
- Alternatively, exit and re-enter the U.S. with proper documentation.
Tips:
- Check your I-94 within 24 hours of entry—don’t wait until you apply for benefits or need to extend your status.
- If you’re working on an H-1B, L-1, or O-1 visa, make sure the I-94 matches the approval notice.
- Never overstay the I-94, even if your visa stamp or petition is valid for longer.
DHS Announces Termination of TPS for Afghanistan Effective May 2025
In a significant policy shift, Department of Homeland Security (DHS) Secretary Kristi Noem has announced the termination of Temporary Protected Status (TPS) for Afghanistan, with the designation set to expire on May 20, 2025. A 60-day transition period will follow, allowing current TPS beneficiaries to remain in the U.S. through July 14, 2025.
Afghanistan was originally designated for TPS on May 20, 2022, due to ongoing armed conflict and extraordinary conditions. DHS extended and redesignated Afghanistan for TPS in September 2023, granting protection from November 21, 2023, through the current end date in 2025.
Secretary Noem cited economic and security improvements in Afghanistan as justification for ending the program, asserting that returning Afghan nationals would no longer pose a serious threat to their safety. However, the decision has been met with legal opposition, with a challenge already filed in federal district court.
Thousands of Afghan nationals who have relied on TPS for lawful stay and work authorization now face uncertainty. Immigration advocates and legal experts are closely monitoring the situation and urging impacted individuals to explore alternative immigration options or seek legal counsel promptly.
Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C. Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
