April 2025 Visa Bulletin and EB-5 Retrogression
The April 2025 Visa Bulletin shows significant retrogression of over two years for EB-5 Unreserved Final Action Dates for China and India. The final action date for India retrogressed over two years from Jan. 1, 2022, in the March bulletin to Nov. 1, 2019, in the April Bulletin. The final action date for China retrogressed approximately two and a half years from July 15, 2016, in the March bulletin to Jan. 22, 2014, in the April 2025 bulletin.
According to the bulletin commentary section, “Increased demand and number use by applicants chargeable to China and India in the EB-5 unreserved visa categories, combined with increased demand and number use across other countries, made it necessary to retrogress the final action dates to hold number use within the maximum allowed under the FY-2025 annual limits.”
While other EB-5 unreserved categories remained current in the April 2025 bulletin, the notes indicate that may change later in the year with global retrogression forewarned. The bulletin states, “Please note that it may become necessary to establish a final action date for applicants chargeable to all other countries if demand and number use continues to increase such that this category becomes oversubscribed.”
The April 2025 Visa Bulletin does not include corresponding commentary regarding the EB-5 Set-Aside categories, which remain current at this time across all categories. However, given the limited number of set-aside visa numbers available and the possibility of future retrogression, investors should consider moving forward while these categories remain available, especially those from high-demand countries such as China and India.
USCIS Issues Regulation Requiring Alien Registration
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.
Considerations for Navigating the New Alien Registration Process: Effective April 11, 2025
The Department of Homeland Security (DHS) has announced expected changes to the registration requirements for foreign nationals in the United States. Under a newly issued Interim Final Rule (IFR), noncitizens who have not complied with registration mandates outlined in the Immigration and Nationality Act (INA) will now face enhanced enforcement efforts. Effective April 11, 2025, the updated process introduces a digital registration system and heightened compliance obligations that employers and foreign nationals alike should carefully review.
While this rule applies broadly to foreign nationals residing in the United States for more than 30 days, and many foreign nationals have already complied, certain populations—including Canadian visitors and U.S. visa holders with young children—should understand specific implications of the rule and how the new processes might impact their travel or stay in the United States.
What the Rule Requires
The INA has long mandated that noncitizens register with the government, submit biometric data, and carry proof of registration. The IFR strengthens these requirements and fills gaps in existing enforcement mechanisms by introducing:
Form G-325R for Registration: DHS has designated Form G-325R (Biographic Information—Registration) as the official alien registration document for noncitizens who have not previously registered. Registrants must complete the form through their myUSCIS online account.
Mandatory Biometrics Collection: Completion of Form G-325R triggers a biometrics appointment at a USCIS Application Support Center (ASC). Registrants must provide:
Fingerprints
Photographs
Signatures
Individuals under the age of 14 generally do not need to submit fingerprints, but registration compliance is still required.
Proof of Alien Registration Document: Upon successfully registering and completing biometrics, DHS will issue a downloadable proof of alien registration document through the registrant’s myUSCIS account. Noncitizens aged 18 or older will be required to carry this document at all times while in the United States as evidence of compliance with registration requirements.
Failure to register, attend biometrics appointments, or carry proof of registration may result in penalties, including fines up to $5,000 or six months in jail.
Who Is Impacted?
This rule applies to various groups of foreign nationals, including lawful permanent residents, visa holders, foreign nationals present without inspection, and others. Many noncitizens have already complied with this rule by being issued an I-94 upon entering or changing their status in the United States. However, one notable group affected by this rule includes Canadian visitors entering the United States without visas.
Impact on Canadian Visitors Without a Visa
Canadian nationals often benefit from unique travel arrangements when visiting the United States for business or tourism purposes. In most cases, Canadians entering through land ports of entry for short-term stays are not required to present a visa or obtain an arrival/departure record (Form I-94). However, the new alien registration requirements specifically affect Canadians who remain in the United States for more than 30 days without formal evidence of registration.
Registration Requirements for Non-Visa Canadian Visitors Staying Over 30 Days
Canadians entering the United States at land borders who do not receive an I-94 form upon entry must proactively register if their stay exceeds 30 days. This is a key change from past practices, where such visitors were often exempt from alien registration. To comply:
Create an Account and Submit Form G-325R: Canadians staying in the United States longer than 30 days must complete Form G-325R through the myUSCIS platform.
Biometric Appointment Compliance: Completing the registration form will initiate a biometrics appointment, which must be attended to complete registration. Canadians under 14 years old may be exempt from fingerprinting but still need to register with parental or legal guardian assistance.
Proof of Registration: Canadians over the age of 18 staying in the United States beyond 30 days must carry Proof of Alien Registration at all times while in the country.
Short-Term Visitors Remain Exempt
The new rule does not impose registration obligations on Canadian visitors staying fewer than 30 days. Business or tourism visitors admitted under ESTA or B-1 or B-2 classifications for short trips can depart within the 30-day window without taking any additional steps.
Key Employer Considerations
For employers across the United States, including those hiring foreign workers who fall under these new requirements, compliance efforts may need adjustment. Specific considerations include:
Accommodation for Worker Biometrics Appointments: Employees impacted by new biometrics requirements may need time off work to attend scheduled appointments. Employers should ensure uniform policies are applied to avoid potential discrimination.
Enforcement Risks: DHS has emphasized that alien registration noncompliance will be an enforcement priority. Employers in industries with large foreign national workforces should be aware.
Notify Long-term Business Visitors: Information about the registration requirement should be available for foreign business visitors.
Preparing for Compliance
The changes introduced under the IFR reflect DHS’s commitment to enforcing longstanding alien registration requirements more comprehensively. Canadian visitors without visas, as well as other foreign nationals, must understand their obligations and take steps to comply.
California’s $9.5 Billion Healthcare Expansion Faces Cuts
California’s Healthcare Expansion for Immigrants Faces Financial Strain California’s landmark decision to provide healthcare coverage to all income-eligible undocumented immigrants has faced a major financial hurdle. Last year, Governor Gavin Newsom proudly announced the expansion, making California the first state in the nation to offer healthcare to all eligible immigrants, regardless of immigration status. The […]
April 2025 Visa Bulletin – More Favorable for Migration
The State Department has published the April Visa Bulletin. Categories that were grounded in March may finally stretch their wings in April, including EB-1 India, EB-3 Other Workers China, and EB-3 Professionals All Other Countries. In addition, some categories that saw modest movement in March have gained momentum in April, most notably EB-2 China, which flew ahead almost 5 months, compared to only 16 days in March.
Below is a summary that includes Final Action Dates and changes from the previous month, but first – some background if you’re new to these blog posts. If you’re an old hand at the Visa Bulletin, feel free to skip the next paragraph.
The Visa Bulletin is released monthly by the US Department of State (in collaboration with US Citizenship and Immigration Services). If your priority date (that is, the date you got a place on the waiting list) is earlier than the cutoff date listed in the Bulletin for your nationality and category, that means a visa number is available for you that month. That, in turn, means you can submit your DS-260 immigrant visa application (if you’re applying at a US embassy abroad) or your I-485 adjustment of status application (if you’re applying with USCIS). If you already submitted that final step and your category then retrogressed, it means the embassy or USCIS can now approve your application because a visa number is again available.
Now for the April VB –
India moves forward in all categories:
EB-1 advances 2 weeks to February 15, 2022
EB-2 advances 1 month to January 1, 2013
EB-3 Professionals and EB-3 Other Workers advance 2 months to April 1, 2013
China progresses in all categories but one:
EB-1 remains stalled at November 8, 2022
EB-2 advances almost 5 months to October 1, 2020
EB-3 Professionals advances 3 months to November 1, 2020
EB-3 Other Workers advances 3 months to April 1, 2017
All Other Countries also makes gains in all categories:
EB-1 remains current
EB-2 advances 1 month + 1 week to June 22, 2023
EB-3 Professionals advances 1 month to January 1, 2023
EB-3 Other Workers advances almost 4 months to May 22, 2021
NOTE 1: USCIS will accept I-485 applications in April based on Final Action Dates, not the more favorable Dates for Filing chart.
USCIS: Only ‘01/20/2025’ Edition of Updated Forms Acceptable After Grace Period
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.
USCIS Authority to Issue Notices to Appear Is Expanded in Latest Policy Memorandum
On February 28, 2025, U.S. Citizenship and Immigration Services (USCIS) issued an updated policy memorandum expanding the authority of USCIS employees to issue notice to appear (NTA) charging documents to initiate removal (deportation) proceedings against individuals whose immigration benefit requests have been denied and who are not lawfully present or are subject to other grounds of deportability.
The NTA, also known as Form I-862, places the foreign national on notice of the charges being brought against him or her, the grounds for removability, and the requirement to appear before an immigration judge on a future date. Once the NTA is filed with the immigration court, an immigration judge must decide if the individual should be removed from the United States.
Quick Hits
USCIS issued guidance stating that it will issue a notice to appear (NTA) if an immigration benefit request is denied, and the noncitizen is no longer in lawful status or is subject to other grounds of removability. This includes situations where the noncitizen was lawfully present at the time the application or petition was submitted to USCIS.
In cases involving fraud or misrepresentation, USCIS will issue an NTA even if the petition or application was denied for reasons other than fraud.
Most employment-based beneficiaries are exempt from the policy, but dependent family members are not.
In naturalization cases, USCIS will issue an NTA if it is determined that the applicant was inadmissible at the time of adjustment in or admission to the United States.
USCIS has the authority to issue NTAs under the immigration laws of the United States in parallel with U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), with the common goal of supporting the government’s overall immigration enforcement priorities. The new policy memorandum expands and details the circumstances in which USCIS will or may issue an NTA and narrows the parameters for officers to employ prosecutorial discretion not to issue an NTA.
The latest guidance appears to revive a June 2018 policy memorandum issued under the prior Trump administration. In 2021, the Biden administration rescinded the June 2018 policy, with a directive to prioritize the removal of individuals posing a threat to national security, public safety, or border security. The new Trump administration guidance states that USCIS will no longer exempt classes or categories of removable foreign nationals from potential enforcement. USCIS is now instructed to issue an NTA where the agency denies a benefit request and the noncitizen is not lawfully present or is subject to other grounds of deportability.
Notably, the memo clarifies that beneficiaries of employment-based petitions will be issued NTAs only in the limited circumstance where the beneficiary is the signatory of the petition (including E-1/E-2s, H-1B beneficiary owners, and O-1 beneficiary owners). The policy does not exclude the dependent beneficiaries of employer-sponsored applicants. The memo also states that withdrawing the application will not prevent an NTA if there are criminal or other grounds for a finding of misrepresentation or fraud.
Finally, the guidance appears to narrow a USCIS officer’s exercise of prosecutorial discretion, or the decision of an officer not to issue an NTA. The new policy allows for discretion “in very limited and compelling instances and on a case-by-case basis.” USCIS employees are also instructed to track all exercises of prosecutorial discretion in the appropriate USCIS system. This change highlights the agency’s focus on enforcement in line with the current administration’s immigration priorities.
Key Takeaways
The current policy represents a significant shift toward enforcement and removal actions, and the volume of NTAs issued by USCIS is likely to increase.
DHS Releases Interim Final Rule on Alien Registration Requirement
On March 7, 2025, U.S. Citizenship and Immigration Services (USCIS) released an Interim Final Rule (IFR) implementing the Alien Registration Requirement announced by the agency in February. We discussed the announcement in an earlier article,
The IFR is scheduled to be published in the Federal Register on March 12 and to become effective 30 days later, on April 11, 2025.
As of that effective date, three categories of noncitizens will be required to register through a myUSCIS online account within the timeframes indicated below. The requirement applies to all noncitizens, regardless of status:
Those who have been in the United States for 30 days or more and do not already have evidence of registration – no deadline is given;
Those who enter the country on or after the effective date and do not have evidence of registration – within 30 days of entry; and
Those who reach age 14 in the United States, whether they have existing registration evidence or not – within 30 days of reaching their 14th birthday.
Pre-existing registration evidence consists of a list of forms, as set out in a 1960 regulation, that are either issued by a federal agency or filed by a noncitizen for a specific immigration benefit. The most common existing evidence of registration are the following:
I-94 Arrival-Departure Record – issued by U.S. Customs and Border Protection (CBP) to nonimmigrants who enter by air or land (except Canadians who enter by land);
I-485 Application for Adjustment of Status;
Unexpired admission or parole stamp – issued by CBP into a foreign passport;
Border Crossing Card, issued to Mexicans and some Canadians;
Permanent Resident Card;
Employment Authorization Document (EAD); and
Notice To Appear, issued to initiate removal proceedings.
Noncitizens who possess one of the above forms are already registered. However, noncitizens who turn age 14 must re-register and be fingerprinted within 30 days of their 14th birthdays, even if they already have one of the above documents. The registration method for these children varies by status:
Nonimmigrant children (those who enter on visas or ESTA) must register by submitting Form G-325R through their own myUSCIS account; and
Immigrant children (those who hold green cards) must register by filing Form I-90 with USCIS.
The IFR confirms that children under age 14, whose parents or guardians must register them, will not be fingerprinted. Biometrics will also be waived for Canadian business and tourist visitors who enter by land, but they also must register if they remain in the country for 30 days or more.
Registering will be free initially, but USCIS has solicited public comment on a $30 fee that may be implemented in the future.
Submitting a registration in a myUSCIS account will generate first a biometrics appointment notice (unless waived, as indicated above) and then, after biometrics are captured, a printable “Proof of Alien Registration.”
All noncitizens age 18 or over are legally required to carry registration evidence or be subject to misdemeanor prosecution, fines and/or jail time.
USCIS will use online Form G-325R (now available in myUSCIS accounts) as the “general registration form.” In a February memo to the Office of Management and Budget, USCIS requested emergency clearance for the digital form, bypassing normal government review periods, on the basis that “nearly 2 million aliens were successful in evading detection or capture” over the past four years and represented an “imminent threat.”
The digital G-325R requests extensive biographical and contact information, but not all of it is required to submit the form. Required fields are as follows:
Legal name;
Email address;
Mailing and physical addresses;
Date of birth;
Country of citizenship or nationality;
Activities since entry;
Expected activities before departure;
Expected length of stay;
Sex (as provided on birth certificate);
Offenses, arrests, citations, charges and detentions anywhere in the world; and
Marital status.
Date and place of arrival, status on arrival, expiration date, and names and locations of family members are currently not required fields.
Venezuela TPS Update: 18 State Attorneys General File Amicus Brief Supporting Plaintiffs Challenging TPS Termination
On Feb. 19, 2025, the National TPS Alliance, an advocacy group for immigrants who have been granted Temporary Protected Status (TPS), and seven Venezuelans living in the United States, filed a lawsuit in U.S. District Court for the Northern District of California challenging the decision of Department of Homeland Security (DHS) Secretary Kristi Noem to terminate Venezuela TPS. Noem had decided not to extend the 2023 Venezuela TPS designation. That designation will expire April 7, 2025.
On March 7, 2025, the attorneys general of 18 states, including California, Massachusetts, and New York, filed an amicus brief in support of the plaintiffs. The attorneys general contend that Secretary Noem’s decision to terminate Venezuela TPS was “baseless and arbitrary” and founded on unsubstantiated claims that Venezuelans with TPS cost the United States billions in tax dollars and threaten the nation’s economy, safety, and public welfare.
The attorneys general argue, “The vacatur and termination at issue in this litigation, which aim to strip legal protection from a community that comprises more than 50 percent of all [temporary protected status] holders, rest largely on such erroneous and unsubstantiated assertions. … Far from being a burden or threat to our States, Venezuelan TPS holders are a resounding benefit.”
In response, DHS argues that the court lacks the authority to review its discretion to terminate Venezuela’s TPS designation and that the plaintiffs have failed to provide evidence demonstrating Secretary Noem’s decision to terminate the designation was motivated by discrimination or animus.
New Tennessee Immigration Enforcement Law: Key Measures and Implications
While much attention has been given to the Trump Administration’s early federal policy objectives to increase immigration enforcement, clients should also be aware of similar increased enforcement policies at the state level.
Last month, Tennessee Governor Bill Lee signed into law a bill passed by the state legislature during a recent special legislative session. The new Tennessee law attempts to strengthen immigration enforcement in Tennessee with the following measures:
Creates a Centralized Immigration Enforcement Division at the state level, to be led by a Chief Immigration Enforcement Officer (“CIEO”) appointed by the Governor. The CIEO will coordinate directly with the Trump Administration on federal immigration policies and implementation.
Establishes a new driver’s license that distinguishes U.S. citizens from legal permanent residents.
As Tennessee law already prohibits sanctuary cities, the law now makes it a felony for local officials to adopt or maintain sanctuary city policies.
Through provision of grants, encourages local governments to participate in enforcing federal immigration policies by entering into agreements with federal authorities. The grants may be used for training, operational expenses, investment in law enforcement equipment to be used for enforcement of immigration laws or other activities and programs deemed appropriate by the CIEO. The law also establishes penalties for local officials who do not comply with enforcement mandates.
It is expected that the constitutionality of the new law will be quickly challenged. The new law took effect February 2025 so clients should be prepared for the implementation of these new measures in the coming weeks. It is also expected that other states may follow suit with similar enforcement measures.
What DOJ’s New Focus on Immigration Enforcement Means for Businesses
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.
Beltway Buzz, March 7, 2025
The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business.
President Trump Addresses Congress. On March 4, 2025, President Donald Trump delivered an address to a joint session of the U.S. Congress. Although the State of the Union–like address was short on specifics, President Trump mentioned a few issues that caught our attention at the Buzz.
Diversity, Equity, Inclusion (DEI), and Accessibility. President Trump did not reveal any new policy initiatives in this area, but his discussion of the topic further demonstrates that the administration views this as a winning political issue. Consequently, employers—including federal contractors—should expect the administration to continue moving forward with anti-DEI policy initiatives already set in place, including an appeal of a federal court’s decision to block three components of two DEI-related executive orders.
Gold Cards. President Trump touted this nascent policy idea that would purportedly allow foreign nationals to buy permanent residency in the United States (a “gold card”) for $5 million. Would this replace the EB-5 investor program or exist alongside it? Nobody knows because the proposed policy hasn’t been presented in written detail. This would likely take an act of Congress, too.
No Tax on Tips or Overtime. This is an issue that both parties brought up on the campaign trail in 2024 and was reemphasized by President Trump. Legislation has been introduced in both the U.S. Senate and U.S. House of Representatives. But questions of where to draw the lines around who could take advantage of such a policy, the potential fiscal impact, and general tax fairness will have to be resolved before the bills move forward.
Court Reinstates NLRB Member Wilcox. On March 6, 2025, the U.S. District Court for the District of Columbia ordered the reinstatement of National Labor Relations Board (NLRB) Member Gwynne Wilcox, whom President Trump fired on January 7, 2025. The National Labor Relations Act (NLRA) allows for the removal of Board members “upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.” In this case, the administration did not argue that Wilcox was removed for neglect of duty or malfeasance, but instead argued that this provision acted as an unconstitutional restriction on the authority of the executive branch. Ruling that the protection from removal contained in the NLRA “is a valid exercise of congressional power,” the court stated, “The President does not have the authority to terminate members of the National Labor Relations Board at will, and his attempt to fire plaintiff from her position on the Board was a blatant violation of the law.” Accordingly, the court ordered Wilcox to be reinstated to her position on the Board. The administration will assuredly appeal. C. Thomas Davis and Zachary V. Zagger have the details.
Update on Government Funding. The federal government will shut down at midnight on March 15, 2025, if Congress does not come to an agreement on federal appropriations. Republican leaders in the U.S. House of Representatives are expected to move a continuing resolution that would extend current funding through September of this year. Of course, anything can happen with the way politics works these days. In the meantime, readers can remind themselves of what happens to labor/employment and immigration agencies in the event of a shutdown.
Bipartisan Team of Senators Seeks Government Control Over Labor Contracts. Senator Josh Hawley (R-MO) has teamed up with Senator Bernie Moreno (R-OH), as well as Democratic Senators Cory Booker (NJ), Gary Peters (MI), and Jeff Merkley (OR), to introduce the Faster Labor Contracts Act, a smaller component of Senator Hawley’s larger labor reform framework. The bill would do the following:
Require employers to begin bargaining within ten days of receiving a request to do so from the exclusive bargaining representative of its employees.
If an employer and union could not reach an agreement on a contract after ninety days, either party would be able to request the Federal Mediation and Conciliation Service (FMCS) to mediate.
If after thirty days of FMCS-facilitated bargaining, the parties still could not come to an agreement, a three-member FMCS panel would be empowered to “render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.”
If this sounds a lot like the Employee Free Choice Act and the Protecting the Right to Organize (PRO) Act, you’re correct, so it is no surprise that the bill is supported by the International Brotherhood of Teamsters. Business groups have roundly criticized the bill. The Coalition for a Democratic Workplace, which describes the Faster Labor Contracts Act as a “horrible bill,” states that “[a]rbitrators, many of whom know nothing about running a business or the specifics of the business in question, could impose devastating terms for the employer or workers, and there would be no means of stopping them from running a business into the ground.”
PRO Act Reintroduced. Speaking of the PRO Act, the legislation was reintroduced in Congress this week. In a blog post discussing the bill, Republicans on the House Committee on Education and the Workforce wrote, “The PRO Act is bad for workers and bad for job creators.” With Republicans in control of Congress and the White House, the bill is unlikely to gain much traction.
DOL Nominee Advances. This week, the Senate Committee on Health, Education, Labor and Pensions (HELP) voted along party lines to advance the nomination of Keith Sonderling to be deputy secretary of labor. Sonderling previously served as a commissioner of the U.S. Equal Employment Opportunity Commission (EEOC) and in the U.S. Department of Labor’s (DOL) Wage and Hour Division. Accordingly, many in the business community are hopeful that Sonderling will play a significant role in setting the policy agenda of the DOL.
H-1B Registration Opens. Registration for the fiscal year 2026 H-1B cap opened earlier today (March 7, 2025) and will close on March 24, 2025. This year will be the second go-around under the new beneficiary-centric selection process, but the first year since the registration fee increased from $10 to $215, as well as the first year under the second part of the Biden-era H-1B modernization rule, which among other changes, amended the definition of “specialty occupation.”
Let’s Stay Together. On March 4, 2025, Representative Al Green (D-TX) had to be escorted from the House chamber by the House sergeant at arms for continually interrupting President Trump’s speech to Congress. (Green later became the twenty-eighth representative to be censured in the House.) The sergeant at arms is tasked not only with maintaining decorum in the House, as he did this week, but also with ensuring the safety of members of Congress and those visiting or doing business there. The sergeant at arms is also empowered to compel absent members to the House floor for votes and is famous for announcing the arrival of the president for the State of the Union address, for example. Establishing the position was one of the first acts of the very first Congress in 1789. Since that time, thirty-nine individuals—including the current sergeant at arms, William McFarland—have served in the role. Of those thirty-nine, eight also served as representatives in the House either before or after their duty as sergeants at arms.