Immigration weekly update: February 13, 2025

February 13 2025

Immigration news updates for AMER and APAC regions

Americas

United States: FY 2026 H-1B registration is open

USCIS announced the initial registration period for the fiscal year 2026 H-1B cap, which will run from March 7 to March 24, 2025. Prospective petitioners and representatives must use a USCIS online account to register each beneficiary and pay a $215 fee per registration.

Key points:

  • Employers without a USCIS online account need to create one.
  • Existing accounts from FY 2021-2024 will be converted to organizational accounts.
  • Representatives can add clients anytime but must wait until March 7 to submit registrations.
  • The beneficiary-centric selection process will be used, with notifications by March 31.
  • The daily credit card transaction limit is temporarily increased to $99,999.99.
  • Only selected registrations can file H-1B petitions.

This summary was prepared using the information from the U.S. Citizenship and Immigration Services

United States: USCIS to honor Final Action Dates for EB-2 and EB-3

The U.S. Citizenship and Immigration Services (USCIS) has announced that for the month of March 2025, they will use the Final Action Dates chart to determine filing eligibility for adjustment of status in the EB-2 and EB-3 employment-based visa categories. This decision is significant for many applicants seeking to adjust their status to permanent residency.

Key Advancements in Final Action Dates

The March 2025 Visa Bulletin reveals notable advancements in the Final Action Dates for both EB-2 and EB-3 categories:

  • EB-2 (Members of the Professions and Aliens of Exceptional Ability):
    • India: Advances by more than six weeks to December 1, 2012.
    • China: Advances by two weeks to May 8, 2020.
    • All other countries: Advance by six weeks to May 15, 2023.
  • EB-3 (Professionals and Skilled Workers):
    • India: Advances by almost seven weeks to February 1, 2013.
    • China: Advances by one month to August 1, 2020.
    • Philippines: Advances by five weeks to January 15, 2021.
    • All other countries: Advance by almost two months to February 1, 2021.

For applicants in the EB-2 and EB-3 categories, this means they can file their adjustment of status applications based on the dates listed in the Final Action Dates chart. This is a crucial step towards obtaining permanent residency in the United States.

This summary was prepared using the information from the U.S. Citizenship and Immigration Services

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Roberta Carnaccini (Global Director of Immigration).

Asia-Pacific

Philippines: DOLE’s new rules and regulations on the employment of foreign nationals

Department of Labor and Employment (DOLE) has issued the Department Order No. 248 Series of 2025 which provides the new rules and regulations on the employment of foreign national in the Philippines.

 

Here are the key changes in comparison to previous Department Order No. 221 Series of 2021.

 

Labor Market Test The publication shall be made in a (i) newspaper of general circulation, (ii) PhilJobnet, and (iii) Public Employment Service Office (PESO) or Job Placement Office (JPO) having jurisdiction over the place of work.

 

The publication must now include:

  • Nature of business of employer
  • Foreign national’s name and city of residence in the Philippines
  • Statement that foreign national is able, willing and qualified
  • Duration of employment
  • DOLE Regional Office (RO) where the AEP will be filed
Exemption from Publication Foreign national intended to be hired as a corporate officer shall be exempted from the requirement of the above publication. Such exemption must be supported by General Information Sheet (GIS) and secretary certificate.
Filing Period The application shall be filed not earlier than fifteen (15) calendar days from publication date, and within fifteen (15) calendar days from the execution of the employment contract.

 

AEP may also be filed and processed while the foreign national is still outside the country, but no AEP shall be released unless the foreign national has entered the country with pre-arranged employment 9G visa or working visa presented to DOLE RO.
Processing Time DOLE RO shall act on the application by approving or denying the same within fifteen (15) working days from payment. The AEP shall be issued within one (1) working day from the approval.
Fees PHP 6,000 for one (1) year validity

Additional PHP 5,000 for every additional year or a fraction thereof.
Objection to AEP application An objection to an application may be filed by a person or entity who stands to be adversely affected by the approval of application. It may be submitted to the DOLE RO where the application is to be filed or has been filed.
Additional Positions Foreign national shall only be engaged in the position for which the AEP is issued and additional positions may be allowed in exceptional cases and shall submit proof that:

  • No conflict between the duties and responsibilities of the original and additional positions
  • Foreign national has the capacity to effectively perform the responsibilities of both positions
Cancellation of AEP Additional grounds for the Cancellation:

  • To claim AEP or submit the requirement pre-release documents within ten (10) working days from receipt of notice of issuance of AEP.

 

Cancellation shall be done through an order issued by DOLE RO, copy furnished employer and foreign national and shall be directed to surrender the cancelled AEP.
Prohibited Acts
  • Any act of misinterpretation, false statement, tampering, fraud or other similar act that constitute a ground for denial under Rule II, Sec 10 a) and b).
  • Any act that constitutes a ground for revocation under Rule IV, Section 3, paragraphs a), b), c) and e).
  • Deliberate or willful disregard or non-compliance with any of the provision of the rules.
Skills Development Program (SDP) Refers to a training plan of an employer which is granted fiscal incentives by the Government, engaged in priority or strategic areas of investments or operating a public utility designed to transfer technology or skills possessed by a foreign national to at least two (2) regular rank-and-file Filipino employees per foreign national employed therein through learning sessions or any similar training modalities.
Understudy Training Program (UTP) Refers to a training plan of an employer which is granted fiscal incentives by the Government, engaged in priority or strategic areas of investments or operating a public utility designed to transfer technology or skills possessed by a foreign national to at least two (2) understudies who are regular employees and are next-in-rank to such foreign national.

 

Based on our confirmation with DOLE, this Department Order is effective on February 10, 2025.

This summary was prepared using the information from the Department of Labor and Employment

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debra Beynon (Regional Immigration Manager, APAC) and Roberta Carnaccini (Global Director of Immigration).

We track policy changes in over 120 countries. Find out how we can help you in this short video.

Related Topics

Share this Post