Implementation of the European Travel Information and Authorization System (ETIAS) has been delayed again. Initially expected to be operational in 2022, ETIAS is now scheduled to start in the last quarter of 2026. This delay allows more time for the Entry/Exit System (EES) to be fully implemented, which is expected to become operational in October 2025.

ETIAS will be a requirement for non-EU nationals from visa-exempt countries, including the United States, for short-term stays in the Schengen Area.

ETIAS is not a visa. Americans will maintain their visa-free privileges but will need to obtain the new travel authorization. This applies to U.S. visitors traveling to Europe for short stays of up to 90 days per 180-day period for any of the following purposes:

  • Tourism
  • Leisure activities
  • Business
  • Health and medical treatment
  • Transit en route to a third-country destination (only required if leaving the airport’s international transit area)

U.S. citizens will need to provide the following to register:

  1. Valid Passport: U.S. passport must be valid for at least three months after planned departure from the Schengen Area
  2. Payment Method: A debit or credit card to pay the application fee, which is slated to be approximately $8
  3. Email Address: To receive approved ETIAS authorization

Additionally, travelers will need to fill out an online application form with:

  • Personal Information: Full name, date and place of birth, gender, and contact details
  • Passport Details: Passport number, issue date, and expiry date
  • Travel Plans: Intended first entry country and travel dates
  • Security Questions: Information about health, criminal record, and previous travel issues

The application process is designed to be quick and straightforward, with most approvals granted within minutes.

ETIAS will not be mandatory for U.S. citizens right away. There will be a six-month transitional period followed by a six-month grace period. During the transitional period, Americans will be allowed to cross the external border without ETIAS. They must meet all other entry conditions. During the grace period, Americans will be allowed to cross the external border without ETIAS only if it is the first time they are entering since the end of the transitional period.

ETIAS is valid for up to three years and for multiple trips to Europe. ETIAS authorizations validated during the transitional or grace periods can be used for trips once it becomes mandatory.

Jackson Lewis attorneys are available to answer questions about visa-free travel.

The U.S. State Department’s “Catch and Revoke” program uses artificial intelligence (AI) to monitor foreign nationals, particularly student visa holders. The program aims to identify individuals who express support for Hamas, Hezbollah, or other U.S.-designated terrorist organizations through social media activity or participation in protests and revoke their visas. To date, approximately 300 foreign nationals have had their visas revoked under this initiative.

AI tools scan social media accounts, news reports, and other publicly available information to flag individuals on visas for further investigation. The U.S. government maintains the program is a national security measure to help identify foreign nationals who should have been denied visas based on support for designated terrorist organizations. Critics argue the AI-driven process may rely on basic keyword searches that are prone to errors, raising concerns about fairness and accuracy. Advocacy groups warn the initiative undermines First Amendment rights by specifically targeting political speech and activism.

Recent arrests by ICE have included doctoral candidate students at several universities, following revocation of their visas. Students identified under the program have reported receiving online notifications that their visas are being canceled and advised them to “self-deport” using the CBP Home mobile app. Schools may also be notified through the Student and Exchange Visitor Program (SEVP) of a visa revocation under national security-related grounds, in which case the school’s designated school official (DSO) may be required to either cancel or terminate the I-20 record.

This initiative arises out of two executive orders that President Donald Trump issued shortly after taking office:

1. Executive Order No. 14161, “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” directing the secretary of state, in coordination with the attorney general, the secretary of homeland security, and the director of national intelligence, to promptly “vet and screen” all noncitizens who are already inside the United States “to the maximum degree possible.”

2. Executive Order No. 14188, “Additional Measures to Combat Anti-Semitism,” directing the secretary of state, the secretary of education, and the secretary of homeland security to provide “recommendations for familiarizing institutions of higher education with the grounds for inadmissibility under 8 U.S.C. § 1182(a)(3),” related to national security and support for terrorist organizations, so that schools can monitor and report activities in violation of the law.

On Mar. 25, 2025, the Knight First Amendment Institute filed a lawsuit seeking to block the Trump Administration’s policy of arresting, detaining, and deporting noncitizen students and faculty, including the “Catch and Revoke” program. American Association of University Professors, et al. v. Rubio, et al., No. 1:25-cv-10685 (D. Mass.).

The Catch and Revoke program reflects the Trump Administration’s heightened scrutiny of foreign nationals and highlights the tension between national security measures and civil liberties.

Jackson Lewis attorneys will continue to monitor developments.

Effective April 2, 2025, all documents issued by U.S. Citizenship and Immigration Services (USCIS) will identify individuals as either male or female. Previously, USCIS-issued documents also listed “X” as a gender.

This policy change is a direct response to President Donald Trump’s Jan. 20, 2025, executive order (EO) vowing to “defend women’s rights and protect freedom of conscience by using clear and accurate language and policies that recognize women are biologically female, and men are biologically male.” In this EO, Trump called for the secretary of homeland security to issue identification documents reflecting the holder’s sex as either male or female only.

In addition to eliminating the term “gender” from its Policy Manual, USCIS clarifies that, for purposes of reviewing immigration applications and issuing documents, it will look to the individual’s birth certificate at or near their time of birth to determine their sex. It may also rely on documents other than the birth certificate (secondary evidence) if:

  1. The applicant is missing their birth certificate;
  2. The birth certificate provided lists a sex other than male or female; or
  3.  The sex the individual chooses on the application is different from the one listed on their birth certificate, and it is more appropriate to use secondary evidence than the birth certificate.

USCIS clarifies it will not leave the sex field of a document blank. While an immigration benefit may not be denied solely for failure to select male or female on an application, USCIS encourages individuals to make a selection to avoid application-processing delays because of this omission. The agency intends to notify applicants when it issues a document listing a sex the applicant did not select, but it has not addressed the possibility of challenging this determination.

Jackson Lewis attorneys are available to assist in developing strategies to deal with changes in U.S. immigration.

Takeaways

  • The initial drawing includes registrants under both the 65,000 regular cap and the 20,000 master’s cap.
  • Employers and attorneys have been notified of selection results through their myUSCIS accounts.
  • H-1B petitions must be filed between 04.01.25 and 06.30.25 to use the cap selection.

USCIS announced on Mar. 31, 2025, that it has completed the initial selection process for H-1B visa cap-subject petitions for fiscal year 2026. The statutory cap is 65,000 H-1B visas (regular cap), with an additional 20,000 visas for foreign professionals with an advanced degree from a U.S. academic institution (master’s cap).

What This Means for Employers

Registrations marked “Selected” in the myUSCIS account may move forward to H-1B petition filing.

Only the petitioning employer may file an H-1B petition on behalf of a selected registrant. The filing window is open from April 1, 2025, through June 30, 2025, for H-1B employment beginning Oct. 1, 2025, the start of the government’s new fiscal year.

USCIS typically prioritizes adjudication of cap-subject H-1B petitions during the summer, so early and complete filing is strongly encouraged to ensure timely processing.

Next Steps

  • Only the employer or authorized attorney of record can view selection results by checking their myUSCIS account.
  • Work with a Jackson Lewis attorney to prepare and file H-1B petitions for selected individuals.
  • Assess the organization’s foreign national workforce:
    • For selected individuals in the United States, ensure foreign nationals take proper steps to “bridge the gap,” where needed, to maintain continuity of work authorization until H-1B status begins.
      • See our blog on updates to cap-gap for F-1 students.
    • For selected individuals outside the United States, review the Department of State’s Visa Appointment Wait Times and procedures to make sure the individual begins planning for their visa stamping appointment.
    • For non-selected individuals, explore alternative options, including:
      • O-1 visas for those with extraordinary ability
      • L-1 intracompany transfers
      • STEM OPT or F-1 cap-gap extensions
      • J-1 visas for scholars and specialists
      • Concurrent H-1B employment with a cap-exempt institution

Looking Ahead

Lottery selection is just the first step. Completed H-1B petitions must be filed for USCIS review and adjudication. As in previous years, all H-1B Cap Registrations remain in consideration until the H-1B annual statutory cap is reached. If USCIS does not receive enough H-1B petitions to fulfill their annual cap, it may conduct a second selection round, likely in August.

Stay connected with the Jackson Lewis Immigration Blog for updates, strategic insights, and guidance throughout the H-1B cap season and beyond.

Takeaways

  • The new DHS rule extends the H-1B Cap Gap period from 10.1 to 04.1.
  • F-1 students with pending or approved H-1B petitions benefit from this extension.
  • Employers must adjust their processes to comply with the new rule.

The Department of Homeland Security (DHS) has published a final rule (89 FR 10354) that significantly changes the H-1B Cap Gap period. This rule automatically extends the duration of status and any employment authorization granted under 8 CFR 274a.12(c)(3)(i)(B) or (C) for F-1 students who are beneficiaries of H-1B Change of Status petitions.

The key change is that the automatic extension end date has been moved from Oct. 1 to April 1 of the fiscal year for which H-1B status is being requested or until the validity start date of the approved petition, whichever is earlier. This adjustment aims to provide a smoother transition for F-1 students moving to H-1B status.

This change is particularly beneficial for F-1 students, who often face a gap in their employment authorization between the end of their academic program and the start of their H-1B employment. Extending the Cap Gap period to April 1 allows students to maintain their status and continue working without interruption.

This new rule aligns with the broader efforts to modernize and improve the efficiency of the H-1B program, as outlined in the DHS’s final rule published on Dec. 18, 2024.

Employers should take note of these changes and adjust their processes accordingly. It is crucial to ensure that all relevant documentation reflects the new Cap Gap period and that any necessary updates are made to employment verification systems.

For more detailed information, refer to the DHS’s final rule and the USCIS news release. These resources provide comprehensive guidance on the new regulations and their implications for both employers and F-1 students.

Please contact a Jackson Lewis attorney with any questions.

The Trump Administration urged the U.S. Supreme Court to limit nationwide injunctions blocking enforcement of the executive order (EO) to end birthright citizenship.

Following his inauguration on Jan. 20, 2025, President Donald Trump signed an EO directing federal agencies to refuse recognition of U.S. citizenship for children born in the United States to mothers who are in the country without authorization or on nonimmigrant visas, if the father is not a U.S. citizen or green card holder.

Judges in Maryland, Massachusetts, and Washington state have issued nationwide injunctions barring the government from implementing the EO.

President Trump appealed to the Supreme Court to limit these nationwide injunctions, arguing that they disrupt the judicial process and overreach into executive branch operations. The administration’s March 13 emergency applications asked that the court orders be limited to the specific individuals and organizations involved in the lawsuits. They contend that there is no justification for the injunctions to apply nationwide, particularly to the 18 states that support the EO.

The Supreme Court’s decision could potentially lead to a ruling that restricts district courts from issuing nationwide injunctions. The administration also argues that the injunctions improperly interfere with the executive branch’s ability to develop guidance for implementing the EO. If the justices do not agree to limit the injunctions to individuals and organizations, the administration has requested that they be restricted to the plaintiff states.

The Trump Administration is reportedly finalizing a new travel ban that will prohibit or severely limit the citizens of more than 40 countries from entering the United States.

On Jan. 20, 2025, President Donald Trump signed an executive order (EO) aimed at enhancing vetting procedures. This EO directed the secretary of state, the attorney general, the secretary of homeland security, and the director of national intelligence to jointly submit a recommendation to the president for suspending entry of migrants from “countries of particular concern” within 60 days. The recommendation is expected to be submitted to President Trump soon.

President Trump reportedly is considering implementing a new travel ban that could affect citizens from up to 43 countries. This proposed ban, often referred to as “Trump 2.0 Travel Ban,” is an expansion of the original travel ban from 2017, which primarily targeted seven Muslim-majority countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.

Historical Context

Trump’s 2017 travel ban (Executive Order 13769) targeted Muslim-majority nations and faced significant legal challenges before being upheld by the U.S. Supreme Court in 2018.

Current Developments

An internal administration memo reportedly suggests the inclusion of more countries in the new travel ban. The new ban appears to be a continuation of Trump’s immigration policies aimed at protecting national security and public safety.

While the White House has yet to publicly comment on the reported memo, the proposed new travel ban is expected to have significant implications for global mobility, international collaboration, and U.S. companies. Here are some of the main points:

  • Affected Countries

The proposed ban includes a tiered system with three categories: Red, Orange, and Yellow.

  • Citizens of countries listed in the “RED” category would be completely barred from entering the United States: Afghanistan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.

  • Citizens of countries listed in the “ORANGE” category would face higher scrutiny and would be subjected to “Mandatory in-person interviews” in order to receive a visa: Eritrea, Haiti, Laos, Myanmar, and South Sudan.

  • Countries listed in the “YELLOW” category would be given 60 days to address concerns from the administration or risk being moved to the other categories: Angola, Antigua and Barbuda, Belarus, Benin, Bhutan, Burkina Faso, Cabo Verde, Cambodia, Cameroon, Chad, Democratic Republic of the Congo, Dominica, Equatorial Guinea, Gambia, Liberia, Malawi, Mauritania, Pakistan, Republic of the Congo, Saint Kitts and Nevis, Saint Lucia, Sao Tome and Principe, Sierra Leone, East Timor, Turkmenistan, and Vanuatu.
  • Impact on Employers and Employees

The ban is expected to affect many employers and their employees’ global mobility. Nationals of the restricted or banned countries who are outside the United States when the ban is announced may be unable to return, even with a valid visa stamp. Employees or business visitors from highly restricted countries will face rigorous visa application processes. Additionally, U.S. companies may need to restructure their global workforce, potentially losing international talent and facing higher business costs.

  • Legal and Implementation Challenges

The proposed ban includes different levels of restrictions, which appear to be calculated to deal with expected legal challenges or implementation challenges, including those related to the Equal Protection Clause of the 14th Amendment, due process, and discrimination, as seen with the 2017 travel ban.

As the administration finalizes the details, it is crucial to stay informed about the potential impacts and legal challenges that may arise.

Jackson Lewis attorneys will continue to follow this issue and provide updates on the new policies as they are enacted.

On March 12, 2025, USCIS issued an Interim Final Regulation (IFR) designating a new registration form to comply with statutory alien registration and fingerprinting provisions. The IFR goes into effect on April 11, 2025.

Under current law, with limited exceptions, non-U.S. citizens over the age of 14 who remain in the United States for at least 30 days must apply for registration and to be fingerprinted before the expiration of 30 days. See 8 U.S.C. § 1302(a). (Examples of limited exceptions include visa holders who have already been registered and fingerprinted, through their application for a visa, and A and G visa holders.) The registration requirement also applies to Canadians entering the United States for business purposes for at least 30 days.

Willful failure or refusal to apply to register or to be fingerprinted is punishable by a fine of up to $5,000 or imprisonment for up to six months, or both. 8 U.S.C. § 1306(a). Parents of children in the United States as nonimmigrants must make sure to register their children and appear for fingerprinting within 30 days of turning 14. Canadians entering the United States for at least 30 days are also subject to registration requirements.

Several USCIS forms already are used for compliance with the registration and fingerprints requirement, including:

  • Form I-94, Arrival-Departure Record
    • Nonimmigrants including those entering on ESTA and issued I-94W;
    • Noncitizens paroled into the United States under § 212(d)(5) of the INA;
    • Noncitizens who claimed entry before July 1, 1924;
    • Noncitizens lawfully admitted to the United States for permanent residence who have not been registered previously;
    • Noncitizens who are granted permission to depart without the institution of deportation proceedings or against whom deportation proceedings are being instituted;
  • Form I-95, Crewmen’s Landing Permit;
  • Form I-181, Memorandum of Creation of Record of Lawful Permanent Residence;
  • Form I-485, Application for Status as Permanent Resident – Applicants under §§ 245 and 249 of the INA and § 13 of the INA of Sept. 11, 1957;
  • Form I-590, Registration for Classification as Refugee-Escapee;
  • Form I-687, Application for Status as a Temporary Resident, under § 245A of the INA;
  • Form I-691, Notice of Approval for Status as a Temporary Resident – noncitizens adjusted to lawful temporary residence under 8 CFR §§ 210.2 and 245A.2;
  • Form I-698, Application to Adjust Status from Temporary to Permanent Resident – applicants under § 245A of the INA;
  • Form I-700, Application for Status as Temporary Resident – applicants under § 210 of the INA; and
  • Form I-817, Application for Voluntary Departure under the Family Unity Program

Individuals with these forms do not need to register again.

All others who are required to register will need to do so as of the effective date of the IFR, April 11, 2025. This includes the following groups:

  • Aliens who are present in the United States without inspection and admission or inspection and parole and have not yet registered (have not yet filed a registration form designated under 8 CFR § 264.1(a) and do not have evidence of registration under 8 CFR § 264.1(b)).
  • Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration (e.g., Form I–94).
  • An alien, whether previously registered or not, who turns 14 years old in the United States and therefore must register within 30 days after their 14th birthday.

Individuals not otherwise registered can do so using a new option, Form G-325R Biographic Information (Registration), which can be done online after creating a MyUSCIS account. Each noncitizen must have a unique account. Submission of Form G-325R will trigger scheduling a Biometrics Services Appointment at a USCIS Application Support Center. Currently, this option does not cost anything, but DHS is soliciting comments on a possible $30 fee. Once registration is complete, the individual will be able to download and print proof of registration, which they are required to carry with them at all times.

If you have any questions, please contact a Jackson Lewis attorney.

USCIS issued a grace period on March 8, 2025, for the dozen updated immigration forms it released in February and March 2025 and made effective immediately. These forms include the N-400 for naturalization, I-485 for adjustment of status, and I-131 for travel documents. Applicants may use the previous editions until the specified grace period ends.

USCIS had released the new, “01/20/2025” editions of the forms without notice and made them effective immediately. Consequently, the previous edition(s) of the impacted forms that were received by USCIS after the release dates faced the risk of rejection. Following significant criticism and a lawsuit filed by the American Immigration Lawyers Association challenging the publication of new forms without proper notice or grace period, USCIS announced it would continue to accept the prior versions of the updated forms for a specified period. USCIS provided at least a one-month grace period for all the updated forms issued.  

USCIS will accept only the 01/20/2025 editions of the following forms starting:

1) March 24, 2025:

  • Form I-356, Request for Cancellation of Public Charge Bond
  • Form I-914, Application for T Nonimmigrant Status
  • Form I-941, Application for Entrepreneur Parole

2) April 3, 2025:

  • Form I-485 Supplement J, Confirmation of Valid Job Offer or Request for Job Portability Under INA Section 204(j)
  • Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
  • Form I-485, Application to Register Permanent Residence or Adjust Status
  • Form G-325A, Biographic Information (for Deferred Action)
  • Form I-192, Application for Advance Permission to Enter as a Nonimmigrant
  • Form I-134, Declaration of Financial Support

3) April 4, 2025:

  • Form N-400, Application for Naturalization
  • Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records

4) May 5, 2025:

  • Form I-918, Petition for U Nonimmigrant Status

Applicants should check the USCIS Forms and Forms Updates pages to ensure they are using the correct edition of an immigration form to avoid delays or rejections.

Please reach out to a Jackson Lewis attorney if you have any questions.

The Department of Justice (DOJ) has announced its intention to expand the use of criminal statutes to address illegal immigration. This move underscores the administration’s commitment to enforcement initiatives that hold employers accountable for compliance failures.

This policy shift may result in companies facing criminal charges in cases that the DOJ has not previously pursued. This includes charges for harboring undocumented individuals, engaging in unlawful employment practices, and committing document fraud in the I-9 process.

Information will be gathered through various methods, including raids, I-9 Notices of Inspection, and document subpoenas. The directive mandates that DOJ prosecutors accept and pursue the most serious criminal violations referred by law enforcement agencies, with limited discretion to decline cases.

Employers should be prepared for site visits from the USCIS Fraud Detection and National Security (FDNS) Directorate. These visits are conducted to investigate compliance related to sponsored visas, typically H-1B visas. Although FDNS visits are nothing new, any form of misrepresentation now may be referred for further DOJ investigation. Companies should consider preparing their businesses and employees for site visits, conducting regular internal audits of their verification records, and ensuring their compliance practices are sound.

Employers can expect increased scrutiny and should be prepared for potential inspections and investigations. Jackson Lewis attorneys will continue to follow this issue and provide updates.