H-1B Cap Registration Updates and more

U.S. Immigration Weekly Recap: H-1B Cap Registration Updates and more

H-1B Cap Registration for FY 2026:
- USCIS has announced that the H-1B Cap Registration for FY 2026 will open noon EST on March 7, 2025 and run through noon EST on March 24, 2025. During that time, registrations can be drafted and reviewed online, and submitted ahead of the deadline. Further dates have not been specified, but based on previous years: towards the end of March, the lottery will run and names will be selected. Petitioners and firms will be notified and can then submit applications from April 1 through June 30, during which time and after, USCIS will issue approvals, denials, and requests for evidence.
- The annual cap is 85,000, with 65,000 for regular filings and a second lottery of 20,000 set aside for US advanced-degree holders not selected in the first lottery. The registration selection system will remain beneficiary-centric, meaning the lottery selects beneficiaries as opposed to the specific registration. Firms and employers will have access to the accounts- allowing collaboration on registrations.
- As a reminder, the registration fee will now be $215 per beneficiary, a large increase from the previous $10 per beneficiary in past years.

Injunctions against Birthright Citizenship Executive Order:
- On February 5^th, a federal judge in Maryland issued a preliminary injunction against the birthright citizenship executive order, which was closely followed by a similar ruling by a federal judge in Washington on February 6^th. The injunctions are expected to remain in effect indefinitely, until overturned by a higher court or a determination is made on the legality of the executive order. The government cannot currently enforce or implement the executive order.

Trump Administration sues Sanctuary Cities:
- On February 6^th, the Trump administration sued Chicago and Cook county, as well as the state of Illinois, for blocking immigration enforcement efforts under their sanctuary city policy. This is the first lawsuit related to sanctuary cities from the new administration. Sanctuary cities exist across the US, and prohibit or limit local law enforcement from inquiring about immigration status or detaining individuals solely based on immigration status requests. The current Attorney General- Pam Bondi- ordered a suspension of funding to sanctuary city jurisdictions, which currently remains in effect as they evaluate federal immigration enforcement on a local level.