by Teodora (Teo) Purcell | Jun 5, 2025 | Uncategorised
Summary of Legal and Policy Developments
- On January 20, 2025, President Trump signed Executive Order 14160, directing federal agencies to deny U.S. citizenship at birth to children born in the United States unless at least one parent is a U.S. citizen or lawful permanent resident (LPR). This order would exclude children born to undocumented immigrants and those with parents in the U.S. on temporary visas (such as students or tourists) from automatic citizenship.
- The order was scheduled to take effect for children born after February 19, 2025.
- Within days, multiple lawsuits were filed by states, immigrant rights groups, and affected individuals, arguing that the executive order violates the 14th Amendment’s Citizenship Clause, which has been interpreted for over 150 years to guarantee citizenship to nearly all born on U.S. soil, regardless of parental status.
- Federal judges in Washington, Maryland, Massachusetts, and New Hampshire quickly issued nationwide injunctions, blocking the executive order from taking effect while litigation proceeds.
Current Litigation
- As of June 2025, the executive order remains blocked nationwide by court injunctions. No changes to birthright citizenship have been implemented, and the longstanding interpretation of the 14th Amendment remains in force.
- The U.S. Supreme Court heard oral arguments on May 15, 2025, but the focus was on whether lower courts have the authority to issue nationwide injunctions, not directly on the constitutionality of the order itself.
The Supreme Court’s decision—expected by late June or early July—could affect whether the injunctions remain in place or if the executive order could be enforced in some or all states.
Related Legislative Efforts
- Separately, the Birthright Citizenship Act of 2025 has been introduced in Congress, aiming to restrict birthright citizenship in ways like the executive order. However, this bill has not become law and has no immediate effect.
Key Points for Clients:
- Birthright Citizenship Remains Intact: As of June 2025, children born in the U.S.—regardless of their parents’ immigration status—continue to receive U.S. citizenship at birth. The Trump executive order has been blocked by multiple federal courts and is not in effect.
- No Immediate Changes: There is no change to the issuance of U.S. birth certificates, passports, or Social Security numbers for children born on U.S. soil. Federal agencies are not enforcing the executive order at this time.
- Legal Uncertainty Remains: The Supreme Court is reviewing aspects of the case, but the core issue of birthright citizenship is not currently before the Court. The main question is whether nationwide injunctions are appropriate. A decision is expected soon, and it could affect the scope of the injunctions, but any change to the underlying law would likely require further litigation or a constitutional amendment.
Practical Guidance:
- Continue to Register Births as Usual: If you or your clients have a child born in the U.S., continue to apply for birth certificates, Social Security numbers, and passports as normal.
- Monitor Legal Developments: Stay informed about the Supreme Court’s forthcoming decision. If the injunctions are lifted, there could be rapid changes in policy or enforcement, but any such change would likely be subject to further legal challenge and would not be retroactive.
- Consult an Attorney for Individual Cases: If you have specific concerns about a child’s eligibility for citizenship, or if you are in a unique immigration situation (e.g., DACA, TPS, or temporary visa status), seek legal advice. We can help assess risks, prepare documentation, and respond to any changes in law or policy.
Prepared by Teodora D Purcell, LLM, JD
Founder & Attorney at Law, Purcell Law APC
by Teodora (Teo) Purcell | Feb 2, 2024 | Uncategorised
The U.S. Citizenship and Immigration Service (USCIS) has introduced a new H-1B registration system for FY 2025 that aims to make the process more fair and efficient for prospective H-1B workers and employers. The new system is beneficiary-centric, meaning that each unique beneficiary will be entered into the lottery only once, regardless of how many employers submit registrations on their behalf. This will reduce the incentives for fraud and abuse, and increase the chances of selection for individuals with genuine job offers. The new system also allows all employers who submitted registrations for a selected beneficiary to file H-1B petitions for them, giving the beneficiaries more flexibility and bargaining power in the hiring process.
H-1B L
ottery Registration Window Opens March 6, 2024 and runs through noon EST on March 22, 2024: Employers and potential H-1B workers should prepare the necessary information and documentation for the online submission. An immigration attorney is highly recommended to assist with the process.
New Anti-Flooding Measures: Employers must certify that they have not worked with other registrants to submit multiple entries for the same foreign national. USCIS may also track lottery selections by passport number to prevent unfair chances of selection.
Understanding the Lottery Process: Employers and their attorneys must create accounts on MyUSCIS.gov and pay a $10 registration fee for each foreign national. Selected registrants will be notified by April 1, 2024 and must submit the full H-1B Petition by June 30, 2024.
H-1B Occupations and Requirements: Employers should consider entering any foreign workers who are on OPT, STEM OPT, or other nonimmigrant statuses into the lottery. The job description, salary requirements and credentials of each entry should be evaluated carefully. Employers should consult with experienced immigration counsel before filing H-1B petitions under the new system. Please contact us if you need assistance or have questions about the H-1B registration or visa.
by Teodora (Teo) Purcell | Nov 15, 2023 | Uncategorised
Another Proposal to Modernize the H-1B Program? (October 2023)
On October 23, 2023, the United States Citizenship and Immigration Services (USCIS) introduced a new proposed rule aimed at modernizing the H-1B program. The H-1B visa for professional workers is the most common work visa for foreign nationals who qualify for specialty occupations offered to them by U.S. employers. This proposed rule is designed to enhance the integrity of the H-1B cap registration system, redefine the concept of an H-1B specialty occupation, strengthen protections for F-1 students in the cap-gap period awaiting a change of status to H-1B, and provide clarity regarding nonimmigrant visa petition amendments. Below are some of the key provisions of the proposal.
Enhanced Integrity and Prevention of Misuse of H-1B Cap Registration System
The proposed rule includes measures to prevent misuse and increase transparency within the H-1B cap registration system. Specifically, the proposal aims to select registrations by unique beneficiary to ensure that each unique beneficiary has the same odds of selection even when multiple have been submitted on their behalf. The proposal will also codify the USCIS’ authority to deny or revoke an H-1B petition if the underlying registration contained a false attestation or was otherwise invalid. This is a significant step to ensure fairness in the allocation of H-1B visas.
Redefining the H-1B Specialty Occupation
The proposal seeks to revise the definition of an H-1B specialty occupation. This revision aims to make it more specific and clearer, providing that a “specialty occupation: is an occupation that “normally” requires a bachelor’s degree, which doesn’t mean that it must always require a bachelor’s degree. Importantly, the proposal acknowledges that an H-1B specialty occupation is one where the employer requires degrees in a broad range of specialty fields, so long as those fields are related to the position. Lastly, if an H-1B employer is placed at a third-party worksite, it would be the third party’s requirements for the position (rather than the employer’s) that are determinative.
H-1B eligibility for business owners
The proposed rule confirms that H-1B beneficiaries who are owners of a petitioning entity may still be eligible for H-1B, subject ot some conditions. Also, the rule would codify the USCIS’ long-standing policy of requesting contracts and other evidence that a bona fide job offer exists for each beneficiary, but would no longer require an itinerary for each H-1B petition.
Strengthening Cap-Gap Protections for F-1 Students
The proposal introduces enhancements to cap-gap protections for F-1 students who are in the process of changing their status to H-1B. This change would provide an additional six months of status and employment authorization to help qualifying F-1 status holders avoid lapses in status and work authorization while awaiting their H-1B change of status approval.
Clarity on Nonimmigrant Visa Petition Amendments:
The proposed rule offers clarity on when a nonimmigrant visa petition must be amended and when such amendments are not required. This clarity can help streamline the process and avoid unnecessary amendments.
FDNS Site Visits
The rule would codify the USCIS’s long established Fraud Detection and National Security (FDNS) unit’s site visit program. It would also clarify that an employer’s refusal to comply with such a side visit can result in the denial or revocation of an H-1B petition.
As a reminder, this is still only a proposal and USCIS will accept public comments for a 60-day period after its October 23, 2023 publication. The proposed modernization of the H-1B program represents a significant step in ensuring the integrity and efficiency of the program. USCIS has indicated that some provisions may be finalized in time for the FY 2025 H-1B cap season, which begins in early 2024. Additionally, the USCIS may choose to implement these provisions in stages through one or more final rules.
