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 Meets H-1B CAP for FY 2025, No Third Lottery to Be Held

USCIS has announced that it has received enough petitions to meet the annual H-1B quota of 85,000 for Fiscal Year 2025. As a result, there will be no third lottery selection for H-1B petitions this year.

During the FY 2025 H-1B CAP registration period in March, employers submitted approximately 442,000 eligible registrations for unique beneficiaries. USCIS conducted two lottery selections to fill the CAP: the initial lottery in March, selecting 114,017 beneficiaries (about 26%), and a second lottery in August, selecting an additional 13,607 beneficiaries. The overall selection rate for FY 2025 was approximately 29%.

The introduction of a new beneficiary-centric registration system significantly reduced the number of total registrations submitted, from 758,994 in FY 2024 to 470,342 in FY 2025—a 38.6% decrease in average registrations per foreign national. This year, there was an average of 1.06 registrations per beneficiary, compared to 1.7 in FY 2024.

The updated system and reduced duplication reflect efforts to streamline the H-1B process and ensure fairer selection rates.

USCIS Now Requires Medical Form Submission with I-485 for Certain Applicants

USCIS announced that certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, must now include Form I-693, Report of Immigration Medical Examination and Vaccination Record, with their application. Failure to do so may result in the rejection of the Form I-485.

This change aims to reduce the number of Requests for Evidence (RFEs) issued during the adjudication process. Applicants are required to complete an immigration medical examination, ensure all required vaccinations are documented, and submit the properly completed Form I-693, signed by a USCIS-designated civil surgeon.

The updated instructions on Form I-485 reflect this new requirement. Additional details, including information on the necessity of a civil surgeon or panel physician for completing the medical examination, can be found in the USCIS Policy Manual.

This procedural update is effective immediately and underscores the importance of submitting complete and accurate documentation with adjustment of status applications.

Protecting Yourself from the Potential Termination of TPS for Nepal: Steps to Take Now

The Trump administration previously sought to terminate Temporary Protected Status (TPS) for Nepal in 2018, citing improved conditions following the 2015 earthquake. This decision was challenged in court, leading to a preliminary injunction that halted the termination. Subsequently, in June 2023, the Department of Homeland Security (DHS) under the Biden administration rescinded the prior termination and extended TPS for Nepal for 18 months, from December 25, 2023, through June 24, 2025.

If a Trump administration were to pursue ending Nepal's TPS designation, it would need to follow a formal process:

1. Assessment of Country Conditions: DHS would evaluate current conditions in Nepal to determine if TPS is still warranted. TPS is designated when a country faces ongoing armed conflict, environmental disasters, or other extraordinary conditions that prevent safe return of its nationals.
2. Federal Register Notice: If DHS decides to terminate TPS, it must publish a notice in the Federal Register detailing the decision and providing at least a 60-day notice before the termination becomes effective. This period allows beneficiaries to make necessary arrangements, such as seeking alternative legal status or preparing for departure.
3. Legal Challenges: Previous attempts to terminate TPS for countries like Nepal have faced legal challenges, resulting in injunctions that delayed or blocked terminations. Any new termination effort could similarly be subject to litigation, potentially affecting the timeline and implementation.

The outlined steps and timeline provide a realistic projection of how such a move could unfold, including potential litigation and delays. Here's a practical summary of the key points with actionable advice:

Likely Timeline:

• A decision to end TPS for Nepal could be announced around May or June 2025.
• After a mandatory 60-day notice period, the termination might take effect by August 2025, at the earliest.
• Legal challenges could delay implementation, potentially extending the program for one to two more years while litigation proceeds.

Steps to Take Now:

Given the uncertainty, individuals currently on TPS should actively explore options to secure a more permanent immigration status. Viable pathways include:

• Employment-Based Options: Transitioning to H-1B, NIW, or EB-1A, or pursuing PERM-based green cards for roles like cooks, store managers, or other qualifying positions.
• Family-Based Immigration: If eligible, seek green card options through family petitions.
• Student Visas: Consider shifting to F-1 status to continue education in the U.S.

 Proactive Planning:

• It is crucial to start the process now, as these transitions can take time, and waiting until the last minute could limit available options.

Legal Assistance:

• Consult an experienced immigration attorney to evaluate your case and explore the best possible pathways. For guidance, contact Keshab at 212-571-6002 to discuss your specific situation and begin preparations immediately.

Stay Informed:

• Regularly monitor official DHS updates and be aware of developments regarding TPS for Nepal. Legal advice tailored to your circumstances will be essential to navigating potential changes effectively.

​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.