U.S. Immigration Landscape: Navigating Recent Updates and Challenges

The U.S. immigration system remains unpredictable, presenting opportunities and hurdles for Indian professionals and entrepreneurs. As policies evolve, understanding nuanced adjustments becomes crucial for those seeking to live and work in the United States. Please see below for a breakdown of recent immigration updates:

The H-1B Visa Lottery:

Registration Period: The U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the Fiscal Year (FY) 2026 H-1B cap starts at noon EST on March 7, 2025 and is open through noon EST on March 24, 2025.
Important Information for Employers: Existing H-1B petitioning employers must create or maintain their USCIS online accounts, with first-time registrants able to prepare their accounts in advance of the official registration period. The newly increased $215.00 registration fee underscores the financial commitment required for U.S. employers.
Pasricha & Patel, LLC's Insights: Our firm recommends potential applicants begin preparing their documentation in advance. We advise creating USCIS online accounts early, ensuring all supporting documents are organized, and developing a comprehensive strategy that accounts for the lottery's competitive nature.

H-1B Modernization Rule:

The initial phase of the H-1B modernization rule took effect on March 4, 2024.
Employer-Focused Improvements: The modernization rule formalizes deference to previous H-1B approvals, providing employers with greater confidence in status extensions.
F-1 Cap-Gap Protection: USCIS is extending cap-gap protection for F-1 students waiting for H-1B status changes to April 1 of next year. This extension provides additional time and work authorization to avoid gaps in their status.
H-1B Entrepreneurs: The H-1B modernization rule eases restrictions for entrepreneurs, allowing those with ownership in a U.S. entity to petition for their own H-1B visas, while still requiring them to demonstrate the job is a "specialty occupation" and limiting initial approval and first extensions to 18 months.
Pasricha & Patel, LLC's Insights: The final rule provides protection against H-1B denials experienced during the first Trump administration. However, it also has downsides. The rule tries to strike a balance between safeguarding workers' rights while imposing new challenges that require monitoring.

EB-2 National Interest Waiver Petitions:

USCIS has introduced more rigorous guidelines for National Interest Waiver petitions.
Key Policy Updates:
- Professionals must now provide mandatory proof that their occupation requires at least a bachelor's degree, with those holding a bachelor's degree required to document five years of directly related progressive experience after degree completion.
- Entrepreneurs face heightened scrutiny, with new requirements demanding specific evidence of potential success and active involvement in a U.S. entity.
- The evaluation process now follows a rigorous two-step analysis that first examines minimum eligibility criteria and then determines whether the applicant's expertise significantly exceeds ordinary professional standards.
- USCIS has eliminated generic expert letters and simplified references to U.S. competitiveness, instead focusing on concrete, verifiable information.
Pasricha and Patel, LLC's Insights: The updated NIW guidelines reflect a more nuanced approach to evaluating professional contributions. While the new requirements demand more comprehensive documentation, they also provide clearer pathways for demonstrating national importance

New Alien Registration Requirements Under President Trump's Administration:

The "Protecting the American People Against Invasion" Executive Order introduced by President Trump showcases significant implications for non-citizens residing in the United States.
The new requirements mandate comprehensive registration for non-citizens 14 years and older, requiring them to complete registration and fingerprinting within 30 days of entering or remaining in the United States.
Non-citizens over 18 must now always carry their registration evidence, with potential criminal and civil penalties, including misdemeanor prosecution and fines, for non-compliance.
The policy includes specific exemptions for various categories, including lawful permanent residents, various visa holders, and individuals with different immigration statuses.
Pasricha & Patel, LLC's Insights: This Executive Order has raised significant concerns among immigration advocates and legal experts. The policy risks unintended consequences for U.S. citizens who may be mistakenly targeted, while generating confusion and fear within immigrant communities. The requirement that individuals as young as 14 must register, and that even temporary visitors from Canada would be subject to these rules, has raised concern among immigration advocates.

Although we are only a few months into the year, there have been significant developments within immigration law. As the U.S. immigration landscape continues to evolve, staying informed about policy changes is essential for Indian professionals and entrepreneurs. For questions on your specific immigration need, do not hesitate to contact the skilled immigration department at Pasricha & Patel, LLC.

Sheetal A. Patel and Clement C. Chang are honored to contribute to New India Abroad, a digital platform dedicated to keeping members of the Indian community well-informed on current events worldwide. The immigration department at Pasricha & Patel, LLC provides exceptional legal services in employment-based immigration, labor certification, family-based immigration, and immigrant and nonimmigrant visa petitions. Visit Pasricha & Patel, LLC's website here: www.pasricha.com