Immigration Updates For April 2025

On April 2, 2025, USCIS revised its Policy Manual to recognize only two biological sexes—male and female—aligned with the January 2025 executive order titled Defending Women From Gender Ideology Extremism. USCIS will determine sex based on birth certificates issued at or near the time of birth. Documents will no longer be issued with blank sex fields or sex markers inconsistent with birth records, though benefit requests won’t be denied solely for mismatched or missing sex information. This update is effective immediately and applies to all pending and future benefit requests. For additional information, please visit USCIS website here.

USCIS has posted a Federal Register notice (FRN) for public inspection on April 3, 2025, for eligible Hong Kong residents covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) valid through Feb. 5, 2027. The FRN also automatically extends the validity of existing DED-related EADs with expiration dates of Feb. 5, 2023, or Feb. 5, 2025 (Category A11). Covered individuals may apply using Form I-765 and, if needed, request travel authorization through Form I-131. DED does not require a separate application, and USCIS will evaluate EAD requests individually for eligibility and security concerns. The USCIS news alert can be viewed here.

In its announcement dated April 9, 2025, effective immediately, USCIS will begin reviewing social media and conduct of immigration applicants for antisemitic activity, including support for antisemitic terrorism or harassment of Jewish individuals. This policy, aligned with recent executive orders, applies to those seeking lawful permanent residency, student visas, and affiliations with institutions tied to antisemitic actions. Content endorsing or promoting antisemitic ideologies or groups like Hamas or Hezbollah may negatively impact immigration decisions as part of DHS’s broader national security efforts. Visit USCIS website for additional details.

On April 14, 2025, a federal court in Massachusetts issued a preliminary injunction halting parts of the government’s plan to end the parole process for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV). As a result, termination notices sent to CHNV parolees are on hold and not currently valid. However, no new CHNV parole requests will be processed while litigation continues. See the litigation related update here.

USCIS has reached the cap for the 19,000 additional H-2B visas designated for returning workers with employment start dates between April 1 and May 14, 2025. The final date for accepting petitions under this allocation was April 18, 2025. No further petitions will be accepted for this group. USCIS announcement is available here.

On April 11, 2025, Department of Homeland Security (DHS) Secretary Kristi Noem reminded all foreign nationals in the U.S. for over 30 days to comply with the Alien Registration Act or face legal consequences, including fines or imprisonment. As part of Executive Order 14159 signed by President Trump, DHS is strictly enforcing this longstanding federal requirement. All noncitizens must register through US Citizenship and Immigration Services (USCIS), carry proof of registration if aged 18 or older, and meet specific deadlines based on their arrival date, age, or duration of stay. DHS’ press release can be viewed here.

On April 11, 2025, Acting EOIR Director Sirce E. Owen issued a policy memorandum clarifying that immigration judges may pretermit (i.e., dismiss) asylum applications that are legally insufficient without holding a hearing, provided no factual disputes exist. Citing longstanding authority and recent case law, the memo affirms that adjudicators have discretion to streamline dockets and focus only on viable claims. The new guidance emphasizes efficiency amid nearly 4 million pending cases and makes clear that while the ultimate decision lies with each judge, hearings are not required where legal deficiencies alone preclude relief. The EOIR Policy memorandum is available here.

On April 15, 2025, U.S. Customs and Border Protection (CBP) announced that El Salvador is now an official Global Entry partner country, marking a significant step in strengthening travel and security collaboration between the two nations, and making El Salvador one of 20 partner countries whose citizens can apply for Global Entry membership. Global Entry partnerships enhance security and promote bilateral trade, tourism, and cultural exchange by allowing pre-vetted, low-risk citizens of El Salvador expedited customs and immigration processing upon arrival to the United States. Salvadoran Global Entry applicants will undergo rigorous and recurring vetting by both the U.S. and Salvadoran authorities, including an in-person interview by a CBP Officer before initial enrollment. To maintain low-risk traveler status, Global Entry members must not violate any of the program’s terms and conditions. Program violations will result in appropriate enforcement action and termination of the traveler’s membership privileges. CBP announcement is available here.

On April 2, 2025 USCIS announced that it has made changes to Form I-9, Employment Eligibility Verification: to align with statutory language, and updated the DHS Privacy Notice. The revised Form I-9 with an edition date 01/20/25 and an expiration date 05/31/2027 is now available for download, although multiple previous editions remain valid until their respective expiration dates. USCIS states that key updates include:

• Renaming the fourth checkbox in Section 1 to “An alien authorized to work”
• Revising the descriptions of two List B documents in the Lists of Acceptable Documents
• Adding appropriate statutory language and a revised DHS Privacy Notice to the instructions
• Starting April 3, 2025, E-Verify and E-Verify+ will have updated the Citizenship Status selection during case creation to reflect this statutory language. The selection “A noncitizen authorized to work” will be updated to “An alien authorized to work.”

USCIS announcement is available here.