Reminder: recent H-1B Rule extends F-1 cap-gap from October 1 to April 1
If you are an F-1 student planning to transition to H-1B employment, recent changes to the H-1B program may directly impact you.
Earlier this year, the Department of Homeland Security (DHS) implemented a final rule that lengthens cap-gap extensions for eligible F-1 students. The cap-gap extension authorizes an F-1 student who is the beneficiary of a timely filed H-1B cap-subjection petition to remain in the United States past their I-20 expiration date and continue working pursuant to their Optional Practical Training (OPT) while their H-1B petition is pending with USCIS. DHS extended the cap-gap period from October 1 to April 1 of the relevant fiscal year.
See the Department of Homeland Security website here for more information.
Visa Bulletin Update
The Department of State publishes a monthly Visa Bulletin which identifies all immigrant visa “preference” categories and indicates whether a backlog exists for each one. The categories are separated into two charts: a “Final Action” chart and a “Dates for Filing” chart for both family and employment-based immigration.
USCIS determined that for all employment-based preference categories the Final Action Dates chart must be used in September 2025 and that for all family-sponsored preference categories the Dates For Filing chart must be used in September 2025. The EB-2 and EB-3 preference categories remain backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority dates become “current.” A priority date is current when it is earlier than the date listed in the Visa Bulletin.
In the September 2025 Visa Bulletin, the State Department made no changes to the Dates for Filing or Final Action Dates charts. See the September Visa Bulletin here.
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
The H-1B Cap for FY2026 has been reached. Cap-exempt petitions will still be accepted.
USCIS received enough petitions to reach the fiscal year 2026, 65,000 H-1B visa regular cap and the 20,000 H-1B visa cap for beneficiaries with an advanced degree from a U.S. university. USCIS will continue to accept and process petitions from petitioners who are otherwise exempt from the cap, such as colleges, universities, and affiliated non-profits.
See the USCIS announcement here.
Termination of the Designation of Nicaragua for Temporary Protected Status
“Department of Homeland Security (DHS) notice that DHS Secretary Kristi Noem is terminating the designation of Nicaragua for Temporary Protected Status (TPS). The designation of Nicaragua is set to expire on 7/5/25. This termination is effective 9/8/25, after which nationals of Nicaragua (and people with no nationality who last habitually resided in Nicaragua) who have been granted TPS under Nicaragua's designation will no longer have TPS. (90 FR 30086, 7/8/25)”
Termination of the Designation of Honduras for Temporary Protected Status
“Department of Homeland Security (DHS) notice that DHS Secretary Kristi Noem is terminating the designation of Honduras for Temporary Protected Status (TPS). The designation of Honduras is set to expire on 7/5/25. This termination is effective 9/8/25, after which nationals of Honduras (and people with no nationality who last habitually resided in Honduras) who have been granted TPS under Honduras's designation will no longer have TPS. (90 FR 30089, 7/8/25)”
Eligible employment authorization documents (EADs) will be extended until 9/8/25.
USCIS Update Notice: Form I-129, Petition for a Nonimmigrant Worker
USCIS updated:
Form I-129, Petition for a Nonimmigrant Worker
(Petitioners use this form to file on behalf of a nonimmigrant worker to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. Petitioners may also use this form to request an extension of stay in or change of status to E-1, E-2, E-3, H-1B1 or TN, or one of the above classifications for an alien.)
Edition Date: 01/20/25. Starting July 30, 2025, we will accept only the 01/20/25 edition. Until then, you can also use the 01/17/25 edition. You can find the edition date at the bottom of the page on the form and instructions.
For more information, please visit the Forms Updates page.
Resources for U.S. Citizens & Visa Applications Impacted by Conflicts in the Middle East
AILA Practice Pointer: Resources for U.S. Citizens & Consular Updates for NIV/IV Processing Impacted by the Conflicts in the Middle East (June 17, 2025)
AILA’s Department of State (DOS) Liaison Committee provides the following resource to help members understand the current state of consular operations and U.S. Citizen Services for individuals impacted by the current crisis in the Middle East. Due to the fluid and dynamic nature of these events, please check U.S. Embassy and official government websites for the most up-to-date information.
Iraq: On June 11, 2025, the U.S. Department of State ordered the departure of non-emergency U.S. government personnel from Iraq due to “heightened regional tensions.”
For updates on current status of consular services, access the U.S. Embassy in Iraq website at https://iq.usembassy.gov/
Israel: On June 14, 2025, the U.S. Department of State authorized the voluntary departure of family members and non-emergency U.S. government employees from Israel due to “the volatile and unpredictable security situation in the region.” The United States does not have diplomatic relations with the West Bank separately from Israel. Additionally, the United States does not have diplomatic relations with Gaza, as the U.S. government has designated Hamas as a terrorist organization.
For updates on current status of consular services, access the U.S. Embassy in Israel website at https://il.usembassy.gov/
For updates on Department of State advice to U.S. citizens regarding Gaza and the West Bank, access the U.S. Embassy in Israel website at https://il.usembassy.gov/
Iran: The United States has not had diplomatic relations with Iran since April 7, 1980, following the seizure by student militants of the U.S. embassy in Tehran on November 4, 1979. Switzerland currently serves as the protecting power for U.S. interests in Iran. On June 15, 2025, the State Department advised that U.S. citizens should not travel to Iran for any reason and should depart Iran immediately if they are there.
For updates on the Department of State advice to U.S. citizens regarding Iran, access the Virtual U.S. Embassy for Iran at https://ir.usembassy.gov/
General Advice for U.S. Citizens
Enroll in the Smart Traveler Enrollment Program (STEP) to receive security updates.
Receive alerts from the U.S. Department of state’s Bureau of Consular Affairs via WhatsApp.
Prepare a plan for emergency situations. Review the Traveler’s Checklist.
Follow the Department of State on Facebook and Twitter/X.
Monitor local media for information.
Contact information for U.S. Consular Services in Iraq
Immigrant visa applications: BaghdadIV@state.gov
Non-immigrant visa applications: BaghdadNIV@state.gov
American Citizen Services BaghdadACS@state.gov
U.S. Embassy Baghdad
Al-Kindi Street
International Zone
Baghdad, Iraq
Business Hours: 8:00 a.m. to 5:00 p.m., Sunday through Thursday
Telephone: +964-760-030-3000 or +1-301-985-8841 from the United States
Emergency after-hours telephone: +964-760-030-3000 or +1-301-985-8841, and ask for the duty officer
Email: BaghdadACS@state.gov
U.S. Consulate General Erbil
413 Ishtar, Ankawa
Erbil, Iraq
Business Hours: 8:00am to 5:00pm, Sunday through Thursday
Telephone: +964-66-211-4000 or +1-240-264-3467, ext. 4554, from the United States
Emergency after-hours telephone: +964-66-211-4000 or +1-240-264-3467, ext. 4554, and ask for the duty officer
Email: ErbilACS@state.gov
Contact Information for U.S. Consular Services in Israel
NIV Unit - JerusalemNIV@state.gov
NIV Processing - https://ais.usvisa-info.com/en-il/niv/information/contact_us
IV Unit – JerusalemIVAttorneys@state.gov
IV Processing - https://ais.usvisa-info.com/en-il/iv/information/contact_us
U.S. Embassy Jerusalem
14 David Flusser St. Jerusalem
Telephone: +972-2-630-4000
E-mail: Website: https://il.usembassy.gov/
U.S. Embassy Branch Office Tel Aviv
71 HaYarkon St. Tel Aviv
Telephone: +972-3-519-7575
E-mail: Website: https://il.usembassy.gov/
State Department – Consular Affairs 888-407-4747 or 202-501-4444
Contact Information for U.S. Citizen Services in Gaza and the West Bank
U.S. Embassy Jerusalem
14 David Flusser St. Jerusalem
Telephone: +972-2-630-4000
E-mail: JerusalemACS@state.gov
Website: https://il.usembassy.gov/u-s-citizen-services/
Contact Information for U.S. Citizen Services in Iran
Email the U.S. Embassy in Bern, Switzerland at BernACS@state.gov. Include “IRN” in the subject line. Include:
Full name as shown on U.S. passport
Date of Birth
Place of Birth
U.S. passport number
Current location
Phone number
If a dual national, the other country of nationality
Whether the individual is in possession of a valid travel document
Call +1-888-407-4747 or +1-202-501-4444
Contact Information for U.S. Citizen Services in Gaza and the West Bank
U.S. Embassy Jerusalem
14 David Flusser St. Jerusalem
Telephone: +972-2-630-4000
E-mail: JerusalemACS@state.gov
Website: https://il.usembassy.gov/u-s-citizen-services/
Contact Information for U.S. Citizen Services in Iran
Email the U.S. Embassy in Bern, Switzerland at BernACS@state.gov. Include “IRN” in the subject line. Include:
Full name as shown on U.S. passport
Date of Birth
Place of Birth
U.S. passport number
Current location
Phone number
If a dual national, the other country of nationality
Whether the individual is in possession of a valid travel document
Call +1-888-407-4747 or +1-202-501-4444
International Travel Advisories & Alerts2
Israel, the West Bank, and Gaza travel Advisory (June 16, 2025)
Iran Security Alert: Threat of Additional Military Strikes (June 13, 2025)
Security Alert – Exercise Increased Caution in the Region (June 12, 2025)
Iraq Travel Advisory: Level 4: Do Not Travel (June 11, 2025)
Federal Judge Blocked the Trump Administration from Limiting Passport Sex Markers for Many Transgender and Nonbinary Americans
Associated Press//June 18, 2025//
“A federal judge has blocked the Trump administration from limiting passport sex markers for many transgender and nonbinary Americans.
The June 17 ruling by U.S. District Court Judge Julia E. Kobick means that transgender or nonbinary people who are without a passport or need to apply for a new one can request a male, female or “X” identification marker rather than being limited to the marker that matches the gender assigned at birth.
In an executive order signed in January, the president used a narrow definition of the sexes instead of a broader conception of gender. The order said a person is male or female and rejected the idea that someone can transition from the sex assigned at birth to another gender.
Kobick first issued a preliminary injunction against the policy last month, but that ruling applied only to six people who joined with the American Civil Liberties Union in a lawsuit over the passport policy.
In the June 17 ruling, she agreed to expand the injunction to include transgender or nonbinary people who are currently without a valid passport, those whose passport is expiring within a year, and those who need to apply for a passport because theirs was lost or stolen or because they need to change their name or sex designation.
The White House did not immediately respond to a request for comment.
The government failed to show that blocking its policy would cause it any constitutional injury, Kobick wrote, or harm the executive branch’s relations with other countries.
The transgender and nonbinary people covered by the preliminary injunction, meanwhile, have shown that the passport policy violates their constitutional rights to equal protection, Kobick said.
“Even assuming a preliminary injunction inflicts some constitutional harm on the Executive Branch, such harm is the consequence of the State Department’s adoption of a Passport Policy that likely violates the constitutional rights of thousands of Americans,” Kobick wrote.
Kobick, who was appointed by former President Joe Biden, had granted the ACLU’s motion for a preliminary injunction.
“The Executive Order and the Passport Policy on their face classify passport applicants on the basis of sex and thus must be reviewed under intermediate judicial scrutiny,” Kobick wrote in the preliminary injunction issued earlier this year. “That standard requires the government to demonstrate that its actions are substantially related to an important governmental interest. The government has failed to meet this standard.”
In its lawsuit, the ACLU described how one woman had her passport returned with a male designation while others are too scared to submit their passports because they feared their applications might be suspended and their passports held by the State Department.
Another mailed in their passport on Jan. 9 and requested to change their name and their sex designation from male to female. That person was still waiting for their passport, the ACLU said in the lawsuit, and feared missing a family wedding and a botany conference this year.
In response to the lawsuit, the Trump administration argued that the passport policy change “does not violate the equal protection guarantees of the Constitution.” It also contended that the president has broad discretion in setting passport policy and that plaintiffs would not be harmed since they are still free to travel abroad.”