Helena Wasey Abebe, Author at Laborsphere

H-1B Cap Reached for Fiscal Year 2026 and Potential Process Changes Ahead

U.S. Citizenship and Immigration Services (USCIS) announced it has received enough petitions to meet the annual numerical allocation of 85,000 H-1B visas for fiscal year 2026. Also, a new proposed rule titled “Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions” is currently pending with the White House Office of Management and Budget’s Office of Information and Regulatory Affairs. While the exact content is unclear, it is expected to have a significant impact on how H-1B cap-subject numbers are allocated.

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Humanitarian Parole for Cubans, Haitians, Nicaraguans and Venezuelans (CHNV): What’s the State of Play?

The Trump administration terminated a humanitarian parole program for beneficiaries from Cuba, Haiti, Nicaragua and Venezuela (CHNV). The Department of Homeland Security is now proceeding with terminating all parole granted under the CHNV program and revoking related employment authorization documents (EADs) regardless of the existing parole and EAD expiration date. A new “Status Change Report” was launched for E-Verify-enrolled employers that allows them to identify CHNV EADs that have been revoked. However, there is no clear guidance for employers who may have employees who presented and continue to have unexpired EADs issued under this program.

To view the full alert, visit the Faegre Drinker website.

Temporary Protected Status (TPS): What’s the State of Play?

Out of 17 countries under active TPS designations at the beginning of 2025, seven, including most recently Honduras and Nicaragua, have now seen protected status terminated. The termination of a country’s TPS designation ends the protection from removal and ability to extend work authorization of beneficiaries from that country. While the fate of the other countries that are still under active TPS designation remains uncertain, employers should be prepared for similar terminations based on the Trump administration’s actions thus far. Employers need to know their workforce, screen their employees for other benefits, and consider moving them to a true nonimmigrant status, where possible.

To view the full alert, visit the Faegre Drinker website.

Humanitarian Parole for Cubans, Haitians, Nicaraguans and Venezuelans (CHNV) Terminated

For U.S. employers, the termination means that they will no longer be able to continue employing individuals who previously provided CHNV parole documents to gain lawful employment in the United States. It is always best practice for employers to audit their I-9s periodically. If an employer has never or seldom performed internal I-9 audits, now is the time to do so.

To view the full alert, visit the Faegre Drinker website.

Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) Under the Trump Administration 2.0

President Trump has ordered a review of Temporary Protected Status (TPS) designations made under the Biden administration. The President has previously stated that he intends to revoke TPS for Haitians and Venezuelans, two of the three largest groups of TPS beneficiaries in the United States. During his first administration, he chose to let TPS designations expire for several countries before being blocked in court. Other humanitarian immigration programs like Deferred Enforced Departure (DED) may be at risk under the new Trump administration. The administration’s actions in choosing to extend or eliminate TPS and DED designations for countries up for expiration in 2025 will inform how the administration will proceed with the humanitarian programs.

To view the full alert, visit the Faegre Drinker website.

Deferred Action for Childhood Arrivals (DACA) Under the Trump Administration 2.0

With the future of the DACA program remaining uncertain in 2025 and beyond, it is crucial for employers to take immediate action if they haven’t already. Employers should familiarize themselves with their workforce and screen their employees for other potential benefits, exploring options to transition them to another nonimmigrant status where feasible. While DACA provides temporary relief, it does not lead to lawful permanent residence or other immigration statuses. However, DACA recipients are still eligible to apply for nonimmigrant status, file for adjustment of status based on an immigrant petition, or seek other immigration benefits or protections they may qualify for. Given the time of year, it is particularly advantageous to assess H-1B visa eligibility in preparation for the upcoming H-1B cap lottery in the spring.

To view the full alert, visit the Faegre Drinker website.