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 Submits Proposed Rule for H-1B Weighted Selection Process
The Department of Homeland Security submitted a proposed rule on July 17, 2025, that would replace the current H-1B lottery system with a weighted selection process prioritizing certain criteria, likely including wage levels.
Key Details:
On July 17, 2025, DHS-USCIS submitted for Office of Management and Budget (OMB) review a proposed rule titled “Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions.” The rule is expected to implement selection criteria that may include wage levels, education qualifications, or other merit-based factors.
While the specific details remain confidential pending publication, industry experts believe the government intends to replace the selection process from a randomized lottery to a new system that gives priority to H-1B workers with employers willing to pay the highest-level wages based on their job location and occupation. The new rule could require employers to disclose information about how much they plan to pay each worker during the online registration process, with USCIS selecting from eligible registrations offering Level IV wages first, then moving to Level III wages and so on.
Impact on Stakeholders:
Such a rule likely would have been especially impactful to recent graduates, who typically are offered lower leveled wages commensurate with their experience. Should the weighted approach take effect, employers hiring entry-level engineers or teachers might struggle, while firms offering premium salaries could gain an advantage. Timeline: After OMB completes its review, the package will be sent back to USCIS who will then follow procedures to publish the proposed rule in the Federal Register, with a period for public comment. The new system would likely not apply before the FY 2027 H-1B CAP cycle, which begins in March 2026.Federal Court Blocks Termination of TPS for Nepal, Honduras, and Nicaragua
A federal court in the Northern District of California has temporarily halted the Biden administration’s plan to terminate Temporary Protected Status (TPS) for nationals of Nepal, Honduras, and Nicaragua. The ruling, issued on July 31, 2025, grants a motion by the plaintiffs to preserve the status quo until at least a full hearing on the merits, scheduled for November 18, 2025.
The lawsuit, filed by the National TPS Alliance and several individual TPS holders against Secretary of Homeland Security Kristi Noem, the Department of Homeland Security (DHS), and the United States, challenges the administration’s decision to end TPS for these countries. Plaintiffs argued that the terminations violated the Administrative Procedure Act (APA) and the Fifth Amendment.
In its order, the court found that the plaintiffs are likely to succeed on the merits of their claims and would face irreparable harm if the TPS terminations were allowed to proceed. The court cited Secretary Noem’s statements referring to immigration as an “invasion” and characterizing TPS as an “immigration schemes that makes Americans less safe,” concluding that such language supported a finding of likely racial animus behind the terminations.
The court’s order ensures that TPS for Nepal, Honduras, and Nicaragua remains in effect until the November hearing, offering temporary relief to thousands of immigrant families.
District Court Upholds Nationwide Block on Birthright Citizenship Executive Order
A federal district judge has reaffirmed a nationwide injunction preventing the enforcement of Executive Order 14160—President Trump’s directive on birthright citizenship—despite a recent U.S. Supreme Court ruling intended to curtail the use of such sweeping remedies.
Background:
- On June 27, 2025, the Supreme Court issued a 6–3 decision in Trump v. CASA, Inc., concluding that federal district courts generally lack authority to issue “universal” or nationwide injunctions unless essential to provide complete relief to the specific plaintiffs involved. The ruling did not address the constitutional merits of the executive order itself.
- Published on January 20, 2025, Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship”, sought to deny automatic U.S. citizenship to children born to parents who are undocumented or only temporarily in the U.S.—a move that critics argue violates the Fourteenth Amendment.
- After the Supreme Court’s procedural ruling, plaintiffs—including states and immigrant advocacy groups—filed class-action lawsuits to preserve broad protections.
- On July 10, 2025, Judge Joseph Laplante (D.N.H.) certified a nationwide class in Barbara v. Trump and issued a preliminary injunction blocking enforcement of the executive order for affected children.
- Similarly, in Massachusetts, U.S. District Judge Leo Sorokin reaffirmed a nationwide injunction on July 25, 2025, arguing that only a nationwide remedy could fully protect the coalition of Democratic-led states from administrative chaos and harm.
- Meanwhile, an appeals court in the 9th Circuit upheld a similar nationwide block regarding the Washington‑led lawsuit, agreeing the order violated the 14th Amendment.
Why the Nationwide Injunction Remains:
- The plaintiffs maintain that a nationwide injunction is necessary to prevent fragmented enforcement, given present-day population mobility and federal benefits eligibility. A piecemeal approach could result in uneven treatment of children born in different states.
- Judges in New Hampshire and Massachusetts relied on exceptions noted by the Supreme Court, where nationwide relief may still be granted if “complete relief” for the plaintiff demands it.
Next Steps:
- The Trump administration has indicated it will appeal the injunctions issued by both District Courts.
- In Maryland, the appeals court recently cleared the way for certifying a nationwide class-action to challenge the birthright restrictions, potentially aligning with lower‑court rulings.
- Observers anticipate the conflict may wind up before the Supreme Court again—but this time over the constitutionality of EO 14160 rather than procedural questions.
Self-Petitioned Green Cards: Pathways for Individuals Without Employer Sponsorship
Many professionals and investors seek U.S. permanent residency but may not have an employer willing to sponsor them. Fortunately, U.S. immigration law allows for self-petitioned green cards in several categories, enabling individuals to apply without the need for a job offer or labor certification.
EB-1A – Extraordinary Ability
The EB-1A (Extraordinary Ability) category is for individuals at the very top of their field in sciences, arts, education, business, or athletics.
- Requirements: Must show sustained national or international acclaim through major awards, publications, original contributions, memberships, or judging experience.
- Key Benefit: No job offer or employer sponsorship required; applicants can self-petition.
- Processing: Premium processing available for faster I-140 approval.
EB-2 NIW – National Interest Waiver
The National Interest Waiver (NIW) under the EB-2 category is ideal for professionals whose work benefits the U.S. significantly.
- Requirements: Advanced degree or exceptional ability plus evidence that your work is in the national interest (healthcare, technology, research, entrepreneurship, etc.).
- Key Benefit: Self-petition allowed; no labor certification required if the work meets the national interest criteria.
EB-5 – Immigrant Investor Program
The EB-5 program allows investors to obtain a green card by creating jobs for U.S. workers.
- Requirements: Minimum $1,050,000 investment in a U.S. business (or $800,000 in a targeted employment area).
- Must create at least 10 full-time jobs for U.S. workers.
- Key Benefit: No employer sponsorship; green card is based on investment and job creation.
Other Self-Petition Options
- EB-1B (Outstanding Professors/Researchers) – Typically requires employer sponsorship, but those with qualifying achievements may combine with EB-1A for self-petition.
- EB-2 Exceptional Ability with NIW – For those who do not have an advanced degree but can demonstrate significant contributions.
- EB-5 Regional Center Investments – Provides a more passive investment option while still qualifying for a self-petitioned green card.
Why Consider Self-Petition?
- Independence from employer sponsorship or PERM labor certification.
- Flexibility to pursue your career, research, or business ventures in the U.S.
- Direct pathway to permanent residency for highly qualified individuals or investors.
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.
