1. USCIS Announces FY 2026 H-1B Cap Registration Details

On February 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced the initial registration period for the Fiscal Year (FY) 2026 H-1B cap.

---

Key Timeline for FY 2026 H-1B Registration 

• Registration Opens: March 7, 2025, at 12:00 PM (ET)
• Registration Closes: March 24, 2025, at 12:00 PM (ET)

During this period, prospective petitioners and representatives must register each beneficiary electronically using a USCIS online account and pay the $215 registration fee per beneficiary. Based on past experience, selection results are expected to be released by the end of March or early April.

---

2. What’s the Key Information for FY 2026 H-1B?

• Increased H-1B Registration Fee
  • The H-1B registration fee has increased from $10 to $215 per beneficiary.

• Beneficiary-Centric Selection Process
  • USCIS will select beneficiaries, not registrations.
  • If multiple employers submit registrations for the same beneficiary, it will not increase their selection chances.

• Organizational Account Enhancements for H-1B Filing
  • Employers who did not use their H-1B registrant accounts for FY 2025 will have their accounts automatically converted to organizational accounts upon their next login.
  • First-time registrants can create a USCIS online account at any time before registration opens.

For more details, visit the USCIS H-1B Electronic Registration Process page

Quick Recap

• Next month, USCIS will accept any employment-based adjustment of status (AOS) applications from foreign nationals whose I-140 priority dates are earlier than the corresponding Final Action Dates listed in the State Department’s February 2025 Visa Bulletin.
• The Final Action Date for China EB-3 will advance by one month.
• USCIS will continue to honor Dates for Filing for family-based AOS applications.
• Family-based Final Action Dates and Dates for Filing for all countries will remain the same.

---

Employment-Based Final Action Dates for February 2025:

• • EB-1
    
    • China: November 8, 2022
    • India: February 1, 2022
    • All other countries: Current (applications may be filed regardless of the applicant’s priority date.)
  • EB-2
    • China: April 22, 2020
    • India: October 15, 2012
    • All other countries: April 1, 2023
  • EB-3
    • China: July 1, 2020
    • India: December 15, 2012
    • All other countries: December 1, 2022

For more details, please visit the State Department’s February 2025 Visa Bulletin

Quick Recap

• Next month, USCIS will accept any employment-based adjustment of status (AOS) applications from foreign nationals whose I-140 priority dates are earlier than the corresponding Dates for Filing listed in the State Department’s January 2025 Visa Bulletin.
  
• In January, the Dates for Filing across all employment-based categories will remain unchanged from December for all countries. However, the Final Action Dates will see modest advancements in the EB-2 and EB-3 categories.
• In January, the Dates for Filing for most family-based categories will remain unchanged from December for most countries, including China, except for the F-3 category, which will advance by three months for most countries.

---

Employment-Based Final Action Dates for January 2025:

• • EB-1
    • China: November 8, 2022
    • India: February 1, 2022
    • All other countries: Current (applications may be filed regardless of the applicant’s priority date.)
  • EB-2
    • China: April 22, 2020
    • India: October 1, 2012
    • All other countries: April 1, 2023
  • EB-3
    • China: June 1, 2020
    • India: December 1, 2012
    • All other countries: December 1, 2022

---

Employment-Based Dates for Filing for January 2025:

• • EB-1
    • China: January 1, 2023
    • India: April 15, 2022
    • All other countries: Current (applications may be filed regardless of the applicant’s priority date.)
  • EB-2
    • China: October 1, 2020
    • India: January 1, 2013
    • All other countries: August 1, 2023
  • EB-3
    • China: November 15, 2020
    • India: June 8, 2013
    • All other countries: March 01, 2023

For more details, please visit the State Department’s January 2025 Visa Bulletin.

We wanted to share an important update about the Corporate Transparency Act (CTA) and its potential impact on businesses across the United States.

On December 3rd, 2024, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction halting the enforcement of the CTA and its Beneficial Ownership Information (BOI) reporting requirements. This pause provides businesses with temporary relief but also raises critical questions about what comes next.


What is the Corporate Transparency Act?

The CTA, enacted in 2021 as part of the Anti-Money Laundering Act, requires corporations, LLCs, and similar entities to report detailed information about their beneficial owners to the Financial Crimes Enforcement Network (FinCEN). This includes:

• Full legal names
• Dates of birth
• Residential or business addresses
• Identification numbers (e.g., from passports or driver’s licenses)

Non-compliance could lead to penalties, including fines up to $10,000 or imprisonment for up to two years.


What the Court Ruled

The court issued the injunction over several concerns:

• Federal Overreach: The CTA introduces regulations traditionally governed by state law, raising concerns about the balance of federal and state authority.
• Privacy Concerns: The requirement to disclose sensitive personal data, such as identification numbers and residential addresses, has been criticized as a potential violation of Fourth Amendment protections.
• Impact on Small Businesses: The compliance costs and administrative burden fall heavily on small and medium-sized businesses, which may lack the resources to meet the reporting requirements effectively.

While the CTA remains intact, enforcement is temporarily paused while the case proceeds through the judicial system.


What Should You Do Now?

For now, businesses classified as “reporting companies” are not mandatorily required to submit BOI reports to FinCEN before the filing deadline until further actions are required. Business should:

1. Stay Informed: The government may appeal this decision, and the injunction could be lifted.
2. Prepare for Compliance: Use this time to identify beneficial owners and gather necessary documentation in case reporting requirements resume.
3. Consult with Legal Counsel: If you’re unsure whether your business is impacted, we can help clarify your responsibilities and any applicable exemptions.

What’s Next?

The federal government is expected to appeal the ruling, and the case may ultimately reach the U.S. Supreme Court. This means the legal status of the CTA could change again in the near future.


How We Can Help

We’re keeping a close eye on this evolving situation and are here to help you navigate the uncertainty. Whether you need clarity on your business’s classification or assistance preparing for potential compliance, don’t hesitate to reach out.

Email: contact@junwanglaw.com
Phone: 212-679-9700