Search
Contact
Login
Share this article
Today, President Trump’s executive order (EO) designating English the official U.S. language was officially published in the Federal Register, stating agencies can still provide existing multilingual services.
Key Points:
Additional Information: Regarding agency discretion on services provided, Section 3(b) of the EO states “nothing in this order, however, requires or directs any change in the services provided by any agency. Agency heads should make decisions as they deem necessary to fulfill their respective agencies’ mission and efficiently provide Government services to the American people. Agency heads are not required to amend, remove, or otherwise stop production of documents, products, or other services prepared or offered in languages other than English.”
This alert has been provided by the BAL U.S. Practice Group.
Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The Department of Labor (DOL) reported that as of Feb. 27, 2025, a total of 5,899 cases were issued Final Decision for fiscal year (FY) 2025 (first half of the visa cap) with a Requested Date of Need from Oct. 1, 2024, through March 31, 2025. Certified positions for this period were allocated for 110,297 workers.
The chart below indicates the number of Final Decisions issued and Positions Certified for filing windows from July 2024 to February 2025:
Final Decision
*Indicates a change in November– January case and worker numbers from those reported as of Feb. 13.
**As of COB Feb. 27, there were no Final Decisions issued or Positions Certified, although six cases were submitted and there were positions requested for 83 workers.
As of Jan. 7, 2025, U.S. Citizenship and Immigration Services received enough petitions to reach the additional 20,716 H-2B visas made available for returning workers for the first half of FY 2025 with start dates on or before March 31, 2025.
For FY 2025 second half of the visa cap, DOL processing of Group A increased to 1,855 total cases issued a Final Decision and Positions Certified for 26,279 workers. Group B increased to 773 total cases issued a Final Decision and Positions Certified for 11,046 workers.
DOL is still processing Groups C–G for applications received for Requested Date of Need from April 1, 2025.
Background on Assignment Groups: The initial H-2B Assignment Group (i.e., Group A) will always include the number of H-2B applications containing a sufficient amount of worker positions to reach the applicable numerical visa cap, even if the numerical limits of the Immigration and Nationality Act are subsequently changed. Additional Assignment Groups are assigned in ascending sequential order for all remaining H-2B applications that were filed during the initial three-day filing window that requested the earliest start date of work permitted. Each H-2B Assignment Group after Group A (e.g., Group B, Group C, etc.) will total no more than 20,000 worker positions, or roughly 1,000 applications per group. More background on H-2B Temporary Labor Certification Program and the origin of Assignment Groups can be found here.
In February, U.S. Citizenship and Immigration Services announced that the initial registration period for the fiscal year (FY) 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025.
Additional Information: Tutorials and FAQ on creating organizational accounts can be found here.
The State Department announced that it has issued all EB-4 immigrant visas for fiscal year (FY) 2025.
Additional Information: EB-4 visas allow a wide variety of special immigrants, including religious workers, special immigrant juveniles, certain U.S. government employees, certain international organization retirees and certain international broadcasting employees, among others, to legally reside and work in the United States.
BAL is thrilled to share that we’ve been ranked in the highest tier of the Chambers Global Guide 2025 in the Immigration: Business practice area. Described as a “powerful force in corporate immigration…with substantial consular, auditing and compliance experience,” BAL was also ranked in Band 2 in the Immigration in Global: Multi-jurisdictional rankings.
“It’s always an honor to be recognized in the annual Chambers rankings,” said Frieda Garcia, Managing Partner of BAL. “With such a rigorous submission and review process to inform the rankings, the legal community appreciates the weight of the Chambers Guides. We’re thankful for the continued acknowledgement by Chambers and our clients.”
In addition to the firm’s honors, BAL Partners Jeff Joseph and Lynden Melmed were ranked in Band 2 in the Immigration: Business practice area. Chambers describes Joseph as a “very strong, experienced lawyer” with substantial experience in immigration-related litigation. In describing Melmed’s strengths, Chambers says that he knows “how to approach governmental agencies at the highest level.”
Rankings are determined through Chambers’ in-depth methodology involving client feedback.
The U.S. Court of Appeals for the Fourth Circuit affirmed a lower court’s decision to uphold protections of the H-2A Adverse Effect Wage Rates (AEWR) rule against an injunction attempt.
Additional Information: This decision helps underscores other measures the DOL has taken to strengthen fair labor standards for farmworkers in the U.S.
The Office of Foreign Labor Certification (OFLC) announced the release of public disclosure data, selected program statistics and an updated H-2B foreign labor recruiter list.
Additional Information: The foreign labor recruiter list aims to enhance transparency in the H-2B visa worker recruitment process and facilitate information sharing between the U.S. Department of Labor and other agencies. Further details on the disclosure data, statistics and recruiter list can be found here.
The Department of Homeland Security announced that it will rescind Haiti’s extended Temporary Protected Status (TPS) designation, shortening the extension period to 12 months with a new end date of Aug. 3, 2025.
Last week, the State Department provided guidance on the use of sex markers stipulating that the department will no longer issue U.S. passports or Consular Reports of Birth Abroad (CRBAs) with an “X” marker.
Additional Information: Applicants requesting an “X” marker or a sex marker different from the sex marker assigned at birth may experience delays getting a passport and may receive requests for more information. New passports issued by the State Department will match the applicant’s biological sex at birth based on supporting documents and previous passport records.
BAL is monitoring this guidance and litigation related to the underlying executive order.
The State Department has updated the categories of applicants eligible for a nonimmigrant visa interview waiver, superseding the Dec. 21, 2023, interview waiver update.
Additional Information: Applicants are encouraged to check embassy and consulate websites for detailed information about visa application requirements and procedures, as well as the operating status and services of the embassy or consulate.