U.S. Immigration Weekly Recap: CHNV

As we approach the 3 month mark under the second Trump administration, the quick pace of changes and impacts to immigration has been relentless- particularly within the realm of asylum and refugee protections. The unprecedent level of activity within immigration by the current government requires foreign nationals, employers, law firms, and US citizens alike to continue to stay informed and adapt. Over the last few weeks, we have seen the following updates:

• DS-160 completions:

  • A number of Embassies worldwide are now requiring DS-160 completion ahead of appointment booking- diverting from the previous norm of creating a DS-160, appointment booking, and DS-160 completion at any time ahead of the appointment. While not a significant change, it is worth noting and taking into account the need to have all required information ready at the beginning of the process to avoid delays or issues securing a preferred appointment date.

• Presence Registration:

  • Effective April 11, 2025, foreign nationals of certain categories have been requested to register their presence in the US with the Department of Homeland Security. The vast majority of foreign nationals entering the US on a visa, green card, or under an ESTA are issued an I-94 admission record and not required to register. Individuals falling within those categories are not required to register under the new process. As of now, the new requirement applies to 1) visa-exempt Canadian nationals who entered the US at a port of entry for a short stay, 2) foreign nationals who entered the US for 30+ days and have since turned 14 years old, and 3) foreign nationals of any age who entered the US without inspection. The final category can include individuals with TPS, asylum claims, or pending DACA requests, and who are still awaiting documents for registration (like EAD cards). Registration is completed online by creating a USCIS account, and individuals will need to complete biometrics and a background check. This new regulation was announced one month ago, and there was no grace period for delays in registration. There are severe penalties in place for noncompliance.

• Social Media Checks:

  • While the Department of Homeland Security has completed social media checks for a number of years, USCIS will now begin reviewing foreign national’s social media accounts for antisemitic activity, and relevant activity could be grounds for denying immigration benefit requests. Antisemitic activity is being defined by DHS as endorsing, espousing, promoting, or supporting antisemitic terrorism, or antisemitic terrorist organizations. This change is in response to a recent executive order.

• H-1B Cap Met:

  • As of March 31, 2025, USCIS announced that the H-1B Cap had been met, with 85,000 H-1B registrations selected for submission for FY 2026. All petitioners with selected beneficiaries have been notified, and we are currently in the submission period, which runs through the end of June. Depending on the submission numbers met, USCIS may run a second or potentially third lottery.

• Continued Temporary Protected Status (TPS) Terminations:

  • The Trump Administration continues to roll back TPS protections for new countries. So far TPS has been revoked for Venezuela (currently blocked by a federal court- remains in effect), Haiti, Cameroon, and Afghanistan. Around 500k Haitians, 8k Cameroonians, and 14k Afghans are currently protected under TPS and will lose that designation shortly, requiring departure from the US unless courts step in.

• CHNV Humanitarian Parole

  • The Department of Homeland Security terminated CHNV parole program, eligible for nationals from Cuba, Haiti, Nicaragua, and Venezuela. CHNV was established under the Biden Administration, permitting CHNV parolees into the US if they meet security clearances and have a US financial sponsor. They would be admitted for up to two years and be able to obtain employment authorization. The program was not intended to last long term, however, the Trump Administration enacted a sudden end to the program, put forth on a day one executive order, and then officially terminated by DHS in March with a one month notice period to CHNV parolees. A federal district judge in Massachusetts has temporarily blocked the termination, however, the Trump administration is expected to appeal this decision.

• Gender Identify Markers:

  • USCIS has rolled back previous policy guidance recognising gender identify- now requiring individuals to indicate their biological sex at birth on any applications. This change was in response to a day one executive order.

Please feel free to reach out to Aryanah Eghbal ([email protected]) with questions or concerns regarding the impact of these updates and how to navigate the changing immigration landscape.

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