- Supreme Court Keeps Block on Trump Administration’s Use of Alien Enemies Act to Deport Venezuelans, Sends Case Back to Fifth Circuit
- DHS Terminates TPS for Afghanistan
- USCIS Releases Numbers in H-1B Electronic Registration Process
- June Visa Bulletin sees some movement for China EB-2 and EB-3 and Final Action Dates will be used
- DV-2026 Entrant Status Check Access Opens
- OFLC Public Disclosures
- Supreme Court Backs Trump Administration’s Move to Strip Protections from 350,000 Venezuelans
Supreme Court Keeps Block on Trump Administration’s Use of Alien Enemies Act to Deport Venezuelans, Sends Case Back to Fifth Circuit
On May 16, 2025, in a 7-2 decision, the U.S. Supreme Court sent a case back to the U.S. Court of Appeals for the Fifth Circuit to determine whether the Trump administration can summarily deport a group of Venezuelan detainees under the Alien Enemies Act. The Supreme Court also determined that the lower federal court should rule on how much notice the federal government must provide to allow the migrants to challenge the government’s plans to deport them.
Referring to circumstances such as the case of Kilmar Armando Abrego Garcia, a Maryland man who was deported by mistake and subsequently left in a Salvadoran prison despite a Supreme Court order to facilitate his return to the United States, the Supreme Court noted in this case that “notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster.”
Lee Gelernt, a lawyer for the American Civil Liberties Union, said the decision “means that more individuals will not secretly be sent to a brutal prison in El Salvador” and that the administration’s use of the Alien Enemies Act, a wartime law, “during peacetime, without due process, raises issues of far-reaching importance.”
Impact: The U.S. Supreme Court’s recent decision mandates that the federal government must provide timely notice and due process to individuals facing deportation under the Alien Enemies Act, highlighting the importance for HR and global mobility teams to ensure that all foreign national employees, particularly those from Venezuela, have current immigration documentation and access to legal resources to protect against potential wrongful deportations.
DHS Terminates TPS for Afghanistan
On May 12, 2025, the Department of Homeland Security (DHS) announced the termination of Afghanistan’s Temporary Protected Status (TPS). The country’s TPS designation expired on May 20, 2025, and the termination will take effect on July 14, 2025. The decision affects an estimated 9,000 Afghans in the United States.
Afghanistan was initially designated for TPS on May 20, 2022, based on ongoing armed conflict and extraordinary and temporary conditions. On September 25, 2023, DHS extended and newly designated Afghanistan for 18 months, beginning November 21, 2023, and ending May 20, 2025. The new DHS statement said that DHS Secretary Kristi Noem “determined that, overall, there are notable improvements in the security and economic situation such that requiring the return of Afghan nationals to Afghanistan does not pose a threat to their safety due to ongoing-armed conflict or extraordinary and temporary conditions. She further determined that permitting Afghan nationals to remain temporarily in the United States is contrary to the national interest of the United States.”
In April, Christian leaders and nonprofits reportedly lobbied the Trump administration to carve out an exception for Afghan Christians who they warned may face persecution if returned to the Taliban-controlled country. The administration has been silent on any policy on that front, but in response to questions about what those fearing death or torture if returned to Afghanistan should do, Karoline Leavitt, White House Press Secretary, said, “If there are individuals here who came in through the Biden administration who want to claim asylum, there is a legal process to do that, and those cases will be adjudicated by a judge on a case-by-case basis.”
Impact: The Department of Homeland Security’s termination of Temporary Protected Status for Afghanistan, effective July 14, 2025, will revoke work authorization for approximately 9,000 Afghan nationals. This will necessitate immediate action by HR and global mobility professionals to identify affected employees, ensure compliance with employment verification requirements, and support potential status adjustments or departures.
USCIS Releases Numbers in H-1B Electronic Registration Process
U.S. Citizenship and Immigration Services (USCIS) has announced data on the H-1B cap for Fiscal Year 2026. A total of 120,141 registrations were selected, representing 118,660 unique beneficiaries. This year’s cap season saw a marked decline in registration volume. The number of eligible registrations dropped to 343,981 in FY 2026 from 470,342 in FY 2025 — a 26.9% decrease. The number of unique employers participating in the registration process increased slightly. There were around 57,600 unique employers in FY 2026, up from 52,700 in FY 2025 — a 9.3% increase. This suggests broader but more streamlined participation from employers. Only 7,828 beneficiaries had multiple eligible registrations in FY 2026, compared to 47,314 in FY 2025 — a dramatic reduction. Anti-fraud measures appear to be working.
Impact: Employers should have seen a higher selection rate this year because the number of registrations decreased.
June Visa Bulletin Sees Some Movement for China EB-2 & EB-3 & Final Action Dates Will Be Used
In June, there will be limited forward movement in several employment-based immigrant visa categories. For China, the EB-2 Final Action Date will advance by two months, while the EB-3 Professional/Skilled Worker category will move forward by approximately three weeks. In contrast, all employment-based Final Action Dates for India will remain unchanged.
For applicants from all other countries, there will be more notable progress: EB-2 Final Action Dates will advance by nearly four months, and the EB-3 Professional/Skilled Worker dates will move ahead by about five weeks. USCIS has confirmed that it will use the Final Action Dates chart for employment-based filings in June. This means that foreign nationals whose priority date is earlier than the published Final Action Date may submit an application to adjust status during the month. For more insight please join us for Chatting with Charlie on May 28th and sign up here.
Impact: Employers should begin preparing Adjustment of Status Applications to file for eligible employees in June.
DV-2026 Entrant Status Check Access Opens
The Department of State (DOS) announced that as of May 3, 2025, Diversity Visa lottery (DV-2026) entrants may enter their confirmation information at the Electronic Diversity Visa Program website to check the status of their applications until “at least September 30, 2026.” The DV-2026 registration period opened on October 2, 2024, and closed on November 7, 2024. DOS said that DV-2026 entrants “should keep their confirmation number until at least September 30, 2026.”
DV-2025 Entrants have until September 30, 2025, to check the status of their entry through the website. DOS noted that it will not send a letter or an email to inform applicants if they have been selected; they must check their status online using their confirmation number. DOS has released a website to retrieve a confirmation number if it has been lost. DOS has also released instructions and additional information for applicants who have been selected.
DOS has also released an infographic on the DV-2026 process. DOS said those needing help can email the Kentucky Consular Center (KCC) at kccdv@state.gov and include their name, birth date, and case number. In related news, the Department of State’s Visa Bulletin for June 2025 notes that the DV-2025 annual limit has been reduced to approximately 52,000.
Impact: As of May 3, 2025, the U.S. Department of State has opened the Entrant Status Check portal for DV-2026 applicants to verify their selection status until at least September 30, 2026. This necessitates that HR and global mobility teams identify employees who may have applied, assist them in retaining their confirmation numbers, and provide guidance on subsequent steps if selected while remaining vigilant against potential scams.
OFLC Public Disclosures
The Department of Labor’s Office of Foreign Labor Certification has released a comprehensive set of public disclosure data (through the second quarter of fiscal year [FY] 2025) drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs. (OFLC noted that it recently implemented the revised form ETA-9089. As a result, there are two distinct PERM disclosure data files. These files each have their own record layout documents.) The public disclosure files include all final determinations OFLC issued for these programs during October 1, 2024, through March 31, 2025, reporting period of FY 2025. OFLC has also released selected program statistics for the first half of the fiscal year 2025 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs. OFLC has also published an updated list of the names of foreign labor recruiters for the H-2B program, along with Frequently Asked Questions about the list.
Impact: The Department of Labor’s Office of Foreign Labor Certification (OFLC) has released public disclosure data and program statistics for employment-based immigration programs through Q2 FY 2025, providing HR and mobility teams with critical insights to benchmark application trends, ensure compliance, and align workforce planning with evolving regulatory standards.
Supreme Court Backs Trump Administration’s Move to Strip Protections from 350,000 Venezuelans
On May 20, 2025, the U.S. Supreme Court issued a summary order supporting the Trump administration’s termination of Temporary Protected Status (TPS) and related protections for approximately 350,000 Venezuelan nationals. The ruling allows the government to proceed with deportations despite ongoing concerns about conditions in Venezuela and risks faced by returnees. Advocates have raised serious due process and human rights concerns, emphasizing that many Venezuelans could face persecution or harm if removed. This decision marks a significant shift in immigration policy affecting Venezuelan TPS holders.
Impact: Employers with workers in the 2023 Venezuelan TPS group should immediately review their workforce to identify affected employees. These workers may lose TPS-based work authorization and may face removal proceedings unless they secure alternative immigration status. HR and global mobility teams must ensure compliance with employment eligibility verification requirements to avoid potential penalties, depending on DHS actions to end TPS work authorization for this group. Proactive communication and legal guidance will be critical to mitigate disruption and protect vulnerable employees during this transition.
