H-1B 2025 Cap Webinar

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, February 11, 2025 at 2PM Eastern (1PM Central).

Join us for this FREE webinar to learn more about:

• H-1B Cap Basics, Registration Process, and 2025 Changes
• What is a Specialty Occupation?
• Special Issues for Staffing Companies, Third Party Placements
• Cap-gap for F-1s as well as CPT/OPT maintenance
• Q&A

PLEASE JOIN US!

February 2025 Visa Bulletin: Little Movement and an Adjustment of Status Update

The Department of State has just issued the February 2025 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these priority dates or earlier may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment:

Table B: Dates for Filing

In a change from the past several months, the USCIS will use the Table A Final Action Dates chart for I-485 employment-based filings in February 2025. As the Final Action Dates chart generally moves slower than the Dates for Filing chart, this means a longer wait time for those intending to file Adjustments of Status in February 2025. See: USCIS Visa Bulletin Dates

MU Law Analysis

EB-2, EB-3 China and India: EB-2 and EB-3 categories for China and India made the following progress forward in the February 2025 visa bulletin:

• EB-2 India: 2 weeks
• EB-3 India: 2 weeks
• EB-3 China: 1 month

EB-1 (all chargeability areas), EB-2 China, and EB-2 and EB-3 All Other, Mexico, and Philippines: These categories made no progress forward.

DHS Increases Flexibility for CAP-Exempt Work Placements

In its recent update to H-1B program requirements, DHS revised its regulation on H-1B CAP-exemptions for beneficiaries who are staffed at universities and certain nonprofits.

H-1B CAP exemption allows an employer to file an H-1B CAP case on behalf of an employee at any time in the fiscal year, outside of the usual annual limits on H-1Bs imposed by the H-1B CAP. H-1B CAP exemption is particularly useful for employers seeking to employ beneficiaries in the healthcare industry, where staffing needs are particularly urgent.

DHS is revising its CAP-exempt regulation to note that beneficiaries qualify for H-1B cap exemption when they spend at least half of their time providing essential work to a qualifying institution.

Previously, the regulation required a beneficiary to spend the majority of their time performing duties at a qualifying institution.

First, the revision reduces the time requirement by noting that the employee need only spend 50% of their time providing work to a qualifying institution.

Second, the revision allows for remote work, including telehealth, to count toward an employee’s time requirement for CAP-exemption, while the previous regulation required an employee’s physical presence at a qualifying institution.

In DHS’s final rule, the agency acknowledges that its CAP-exempt regulation revision may slightly expand who is eligible for the cap exemption. DHS’s intention is that the revision will increase flexibility for employers and beneficiaries, as well as better represent modern employment situations.