Newsletter Week of April 9

H-1B Initial Registration Selection Process Completed

USCIS announced that it had received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2026 H-1B numerical allocations.  USCIS has randomly selected enough beneficiaries with properly submitted registrations needed to reach the H-1B cap and have notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries. Registrants’ online accounts will now display a registration status.

H-1B cap-subject petitions for FY 2026, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2025. Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2026

Now, the USCIS only Recognizes Two Genders-- Male and Female

The USCIS Policy Manual was amended to clarify that USCIS recognizes the two biological sexes, male or female, for purposes of reviewing benefit requests and USCIS-issued documents.

Policy highlights include:

·       Provides that USCIS recognizes that there are two biological sexes, male and female, for purposes of adjudicating benefit requests and issuing documents.

·       Provides that USCIS considers a person’s sex to be that which is generally evidenced on the birth certificate issued at the time of birth or issued near the time of birth. Where the birth certificate that was issued at or near the time of birth is missing or indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence.

·       Provides that USCIS-issued documents reflect a person’s sex consistent with the person’s birth certificate issued at the time of birth or issued near the time of birth, except when relying on secondary evidence may be more appropriate. USCIS does not issue documents with a blank sex field.