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​:

Trump Announces “Gold Card” Visa to Replace EB-5 Program

President Donald Trump has introduced a new “Gold Card” visa program, aimed at attracting high-net-worth foreign investors by offering U.S. permanent residency and a pathway to citizenship in exchange for a $5 million investment. This initiative is designed to replace the existing EB-5 Immigrant Investor Program and reshape investment-based immigration to the United States.

Key Highlights of the Gold Card Visa:

• Investment Requirement: Applicants must commit $5 million in direct investments into the U.S. economy.
• Tax Exemption Clause: Unlike standard green card holders, Gold Card recipients will not be required to pay U.S. taxes on their global income. This exemption allows investors to maintain foreign earnings without U.S. tax obligations.
• Replacement of EB-5 Program: The Gold Card visa will replace the EB-5 investor program, which previously required a lower investment threshold and a job creation requirement. The new program removes the job creation mandate and prioritizes attracting wealthy individuals.

The administration anticipates significant economic benefits from this initiative, though critics argue that the program's long-term impact on economic growth, national debt reduction, and immigration fairness remains uncertain. Additionally, concerns have been raised about potential security risks and ethical implications of selling residency to the highest bidder.

The effectiveness of the Gold Card visa will ultimately depend on its ability to attract ultra-high-net-worth investors while addressing concerns about economic contribution and national security.

FY 2026 H-1B CAP Initial Registration Period Opens March 7, 2025

The U.S. Citizenship and Immigration Services (USCIS) has announced that the initial registration period for the fiscal year (FY) 2026 H-1B CAP will open at 12:00 PM Eastern on March 7, 2025, and run through 12:00 PM Eastern on March 24, 2025. During this time, employers and legal representatives must electronically register each beneficiary through a USCIS online account and pay the $215 registration fee per beneficiary.

Key Updates for FY 2026 H-1B Registration:

• Mandatory Online Registration: Employers and representatives must register each beneficiary electronically via their USCIS organizational account.
• New $215 Registration Fee: The USCIS has increased the H-1B registration fee from previous years, now set at $215 per registration.
• Beneficiary-Centric Selection Process: The selection process prioritizes unique beneficiaries rather than multiple registrations. If registrations exceed the CAP, a random selection process will take place.
• Selection Notifications by March 31, 2025: USCIS will notify prospective petitioners and representatives with at least one selected registration via their USCIS online account.

Organizational Account Enhancements for H-1B Filing:

USCIS has introduced new enhancements to streamline H-1B petition filing, including:

• Paralegal Access to Multiple Legal Representatives: Paralegals can now assist multiple attorneys under a single account.
• Easier Client Management: Legal representatives can quickly add paralegals to company accounts.
• Pre-Populated I-129 Forms: Selected H-1B registrations will have certain fields pre-filled, reducing errors and streamlining processing.
• Bulk Upload of Beneficiary Data: Employers and attorneys can upload a spreadsheet of H-1B beneficiary details to auto-populate registrations.

Payment Processing and Credit Card Limit Increase:

To accommodate high-volume transactions, the U.S. Department of Treasury has temporarily increased the daily credit card limit from $24,999.99 to $99,999.99 per day for H-1B registrations. For transactions exceeding $99,999.99, payments must be made via Automated Clearing House (ACH). Employers using ACH should notify their banks in advance to remove any potential transaction blocks.

Important Reminders:

• Only petitioners whose registration is selected can file an H-1B CAP-subject petition for the named beneficiary.
• Employers without a USCIS online account must create an organizational account before submitting registrations.
• Legal representatives can add clients at any time, but registrations cannot be submitted until March 7, 2025.

Trump Administration Introduces Alien Registration Requirement Under New Executive Order

President Donald Trump signed the “Protecting the American People Against Invasion” executive order, directing the Department of Homeland Security (DHS) to enforce alien registration requirements under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302). This order mandates that all non-U.S. citizens in the country for 30 days or more must register with the U.S. government and comply with fingerprinting requirements, where applicable.

Who Must Register?

• All non-U.S. citizens aged 14 or older who were not registered when applying for a visa and have remained in the U.S. for 30 days or longer.
• Parents or legal guardians must ensure registration for children under 14.
• Previously registered minors must re-register and be fingerprinted within 30 days of turning 14.

What Happens After Registration?

Once an alien has registered and undergone fingerprinting (if required), DHS will issue proof of registration, which must be carried at all times by individuals over the age of 18.

Penalties for Non-Compliance:

Failure to comply with these registration requirements may result in civil and criminal penalties, including misdemeanor prosecution and fines.

Who is Already Registered?

Most non-U.S. citizens in the U.S. have already registered. Those who have been issued one of the following documents are considered registered:

• Green card holders (lawful permanent residents)
• Individuals paroled into the U.S. under INA 212(d)(5)
• Visa holders issued Form I-94 or I-94W
• Nonimmigrants or immigrants issued visas prior to arrival
• Aliens in removal proceedings
• Employment authorization document (EAD) holders
• Applicants for lawful permanent residence
• Border Crossing Card holders

Who is Not Registered?

• Individuals who entered the U.S. without inspection (undocumented immigrants)
• Canadian visitors who entered via land ports without documentation
• Applicants for DACA, TPS, or other benefits who were not issued registration evidence

How to Register?

DHS is set to launch a new registration process and form for those who have not yet complied. Beginning February 25, 2025, individuals required to register should create a USCIS online account in preparation for the new process. Further details will be announced soon on the DHS website.

Important Reminder: Registration does not grant legal status or employment authorization. It solely fulfills the requirement under INA Section 262.

DHS Shortens Haiti TPS Extension to 12 Months:

The Department of Homeland Security (DHS) has announced a reduction in the Temporary Protected Status (TPS) extension for Haiti, shortening the validity period from 18 months to 12 months. Haiti TPS will now expire on August 3, 2025, instead of the previously scheduled February 3, 2026.

Key Changes:

• The new expiration date for Haiti TPS is August 3, 2025.
• The first-time registration period for eligible applicants now ends August 3, 2025.
• Employment Authorization Documents (EADs) issued with a February 3, 2026 expiration date will now expire on August 3, 2025. Employers must update their records accordingly.

Reason for the Reduction:

DHS Secretary Kristi Noem justified the decision by stating that the previous administration did not provide sufficient reasoning for granting Haiti the maximum 18-month extension. As a result, the redesignation period has been cut short.

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.