In this issue:

1. DOL Proposes Rule on Determining Employee/Independent Contractor Status – The Department of Labor’s Wage and Hour Division issued a proposed rule that would rescind the analysis for determining employee or independent contractor status under the Fair Labor Standards Act and replace it with analysis that it published and adopted in a prior final rule.

2. U.S. Embassies Update Travel Advisories in Middle East in Response to Increased Risks and Armed Conflict – U.S. Embassies have issued new security alerts and updated travel advisories for several countries in response to unrest and armed conflict in the Middle East region. The U.S.-Israeli military operation in Iran and related risks elsewhere in the region are rapidly evolving.

3. Advocacy Organization Comments on Religious Workers Interim Final Rule – The American Immigration Lawyers Association welcomed the rule and made suggestions.

4. DHS Proposes Rule on Work Authorization for Asylum Applicants – The Department of Homeland Security is proposing a rule to change filing and eligibility requirements for those requesting work authorization based on a pending asylum application.

5. March Visa Bulletin Notes Extension of Certain Religious Workers Category – The EB-4 Certain Religious Workers (SR) category is extended until September 30, 2026.

6. DHS May Arrest and Detain Refugees Who Have Not Applied for LPR Status After One Year – A new memo states that the Department of Homeland Security (DHS) must locate, arrest, and take into custody refugees who have not yet submitted an adjustment of status application and have not appeared at scheduled interviews or appointments within one year. DHS also “must treat the one-year mark as a mandatory re-vetting point.”

7. DHS Shutdown Not Expected to Affect Most ICE, CBP, USCIS Operations – The Department of Homeland Security is technically in partial shutdown status, although certain operations are expected to continue, including most activities conducted by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection. U.S. Citizenship and Immigration Services fee-funded activities are also expected to continue during the shutdown.

8. USCIS Received Enough Supplemental H-2B Petitions to Reach Cap for Returning Workers – U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 18,490 H-2B visas made available under a temporary final rule for the first allocation of returning workers of Fiscal Year 2026 with start dates from January 1 to March 31, 2026.

9. DHS Terminates TPS for Yemen – The Department of Homeland Security announced the termination of Temporary Protected Status for Yemen effective 60 days after the date of publication of the notice in the Federal Register.

10. Appeals Court Allows Termination of TPS for Honduras, Nepal, Nicaragua – The U.S. Court of Appeals for the Ninth Circuit issued a stay pending appeal allowing the Trump administration to move forward with plans to terminate Temporary Protected Status for an estimated 60,000 migrants in the United States, including 50,000 Hondurans, 7,000 Nepalis, and 3,000 Nicaraguans.

11. OFLC Releases Data on Employers and Selected Program Statistics – The Department of Labor’s Office of Foreign Labor Certification has released a comprehensive set of public disclosure data and selected program statistics.

12. DOS Confirms That China is Not Part of Immigrant Visa Pause – Practitioners alerted the Department of State (DOS) that its Travel Docs site erroneously stated that China was included among dozens of countries for which immigrant visa processing has been paused. DOS subsequently removed the statement from its website.

13. District Court Grants Stay of DHS Secretary Noem’s Decision to End Haitian TPS; Appeal Likely – A district court granted plaintiffs a stay of Secretary Noem’s decision to end Haitian Temporary Protected Status pending the outcome of litigation.

14. Congress Scraps Visas for Afghans Who Helped the United States – Congress has approved a package of spending bills that does not authorize any new visas for the Special Immigrant Visa program for Afghans who worked with the United States during the war against the Taliban, effectively killing the program.

15. Fifth Circuit Upholds Trump Administration’s Policy of Detention Without Release on Bond – The U.S. Court of Appeals for the Fifth Circuit upheld the Trump administration’s policy of mandatory detention of thousands of people without the possibility of release on bond for those caught up in the administration’s immigration sweeps in Texas and Louisiana.

16. Texas Governor Freezes New H-1B Visas for State Agencies and Universities, Launches Investigation – Texas Governor Greg Abbott announced an immediate freeze on new H-1B visas by all state agencies and universities and an investigation into “H-1B visa abuse.”

17. Group Files Complaint Against ‘Gold Card’ Program – A group, including the American Association of University Professors and others, filed a lawsuit challenging the Trump administration’s “Gold Card” visa program.

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Government Agency Links – Government Agency Links

Download:

ABIL Immigration Insider – March 2026

1. DOL Proposes Rule on Determining Employee/Independent Contractor Status

On February 27, 2026, the Department of Labor’s (DOL) Wage and Hour Division issued a proposed rule that would rescind the analysis for determining employee or independent contractor status under the Fair Labor Standards Act (FLSA) and replace it with analysis that it published and adopted in a prior final rule dated January 7, 2021, with a few modifications. DOL also proposes to apply this analysis to the Migrant and Seasonal Agricultural Worker Protection Act, which incorporates the FLSA’s scope of employment.

Among other provisions, the proposed rule would include:

DOL said it welcomes comments on the inclusion of additional context on economic dependence into the regulations explaining that “economic dependence for work rather than economic dependence for income is the proper inquiry.” Specifically, DOL has added the following sentences to the end of the proposed § 795.105(b):

Comments on the proposed rule are due by April 28, 2026, via one of the methods provided in the notice.

Back to Top

2. U.S. Embassies Update Travel Advisories in Middle East in Response to Increased Risks and Armed Conflict

U.S. embassies have issued new security alerts and updated travel advisories for several countries in response to unrest and armed conflict in the Middle East region:

The U.S.-Israeli military operation in Iran and related risks elsewhere in the region are rapidly evolving. Travel advisories and security alerts may be updated with little notice and should be monitored. The advisories include additional information, links, and phone numbers for U.S. citizens.

Back to Top

3. Advocacy Organization Comments on Religious Workers Interim Final Rule

On February 25, 2026, the American Immigration Lawyers Association (AILA) submitted comments on an interim final rule from the Department of Homeland Security (DHS) that reduces the required time abroad for religious workers.

AILA said it welcomed the rule, which reduces the period of time religious workers must remain outside the United States after exhausting the five-year limit in R-1 nonimmigrant status in order for them to become eligible for a subsequent period of R-1 status. Among its suggestions, AILA recommended that DHS consider allowing a reset of the five-year maximum under any of the following conditions: (1) if a religious worker changes employers, (2) if the religious worker remains with the same employer and departs the United States after having completed the initial 30 months of R-1 status, (3) if there are 6 months or a year remaining on the five year clock, or (4) if a religious worker departs the United States during the last year of the five-year maximum period.

Back to Top

4. DHS Proposes Rule on Work Authorization for Asylum Applicants

On February 20, 2026, the Department of Homeland Security (DHS) announced that it is proposing a rule, “Employment Authorization Reform for Asylum Applicants,” to change filing and eligibility requirements for those requesting work authorization and Employment Authorization Documents (EADs) based on a pending asylum application. The rule would take effect 60 days after publication, which is scheduled for February 23, 2026.

The proposed changes, according to the unpublished version, include “pausing acceptance of EAD applications from asylum applicants during periods when affirmative asylum average processing time exceeds 180 days, extending the waiting period to apply for employment authorization to 365 days, changing EAD application processing time requirements, and adding eligibility requirements.” The 365-calendar-day waiting period would begin “on the date of the receipt of a complete asylum application.” DHS also proposes to “pause USCIS’ acceptance of initial Form I-765, Application for Employment Authorization (EAD application), filings in the [8 CFR 274a.12(c)(8)] category when USCIS’ average processing time for affirmative asylum applications exceeds 180 days.”

Under the proposed rule, DHS would allow those “with pending asylum applications that have not yet been adjudicated and who already have employment authorization before the final rule’s effective date to remain employment authorized until the expiration date on their current EAD, unless the card is terminated or revoked on the grounds specified in regulations in effect when their EAD was issued.” In general, unless otherwise specified, those “who file renewal (c)(8) EAD applications on or after the effective date of the final rule would be subject to the applicable provisions in this proposed rule.”

DHS said that U.S. Citizenship and Immigration Services has more than 1.4 million pending affirmative asylum claims.

Back to Top

5. March Visa Bulletin Notes Extension of Certain Religious Workers Category

The Department of State’s Visa Bulletin for March 2026 notes that the EB-4 Certain Religious Workers (SB) category has been extended:

Back to Top

6. DHS May Arrest and Detain Refugees Who Have Not Applied for LPR Status After One Year

On February 18, 2026, the Department of Homeland Security (DHS) issued a memorandum from the directors of U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement that was filed in a district court case. The memo states that “DHS may arrest and detain a refugee who has lived in the United States for at least one year and has not yet acquired LPR [lawful permanent resident] status.” The memo further states that DHS is required “to take the affirmative actions of locating, arresting, and taking” into custody refugees who have not yet submitted an adjustment of status application and have not appeared at scheduled interviews or appointments within one year.

The memo states that DHS “must treat the one-year mark as a mandatory re-vetting point for all refugees who have not adjusted to LPR status.” The one-year inspection “is not discretionary; it is a required step to determine whether the refugee may remain in the United States as an LPR, should have status terminated, or should be placed into removal proceedings.”

Reaction. Calling the new policy “unlawful” and “based on a contorted reading of immigration law,” the International Refugee Assistance Project (IRAP) said, “The DHS policy of detaining and arresting refugees is a dramatic break with past practices that could impact thousands of refugees who have not yet obtained green cards.” IRAP said the one-year inspection interview “includes not only asking questions to determine whether they are admissible as lawful permanent residents (green card holders) but also revisiting their refugee claim, which refugees have already proven to the U.S. government through a lengthy vetting process.”

Back to Top

7. DHS Shutdown Not Expected to Affect Most ICE, CBP, USCIS Operations

On February 14, 2026, the Department of Homeland Security (DHS)’s funding lapsed due to a breakdown in spending bill negotiations between Democrats and Republicans over how DHS agencies conduct their operations. DHS is therefore technically in partial shutdown status, although certain operations are expected to continue, including most activities conducted by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection. U.S. Citizenship and Immigration Services fee-funded activities are also expected to continue during the shutdown.

To unblock the funding, Democrats are demanding that Congress impose certain “guardrails” on DHS agencies, such as prohibiting DHS officers from conducting stops, questioning, and searches based on an individual’s presence at certain locations, their job, their spoken language and accent, or their race and ethnicity; requiring officers to use body cameras, remove masks, and display identification; obtaining judicial search warrants before entering homes; and prohibiting funds from being used to conduct enforcement near sensitive locations, including medical facilities, schools, child-care facilities, churches, polling places, and courts.

The partial shutdown is expected to last at least a week, with the caveat that members may be called back to Congress if a viable agreement is reached.

Back to Top

8. USCIS Received Enough Supplemental H-2B Petitions to Reach Cap for Returning Workers

On February 13, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to reach the cap for the additional 18,490 H-2B visas made available under a temporary final rule for the first allocation of returning workers of Fiscal Year (FY) 2026 with start dates from January 1 to March 31, 2026. February 6, 2026, was the final receipt date for petitions requesting supplemental H-2B visas under the first allocation.

USCIS explained that it received more petitions than available H-2B visas for the first allocation. The agency used a computer-generated selection process to allocate the visas without exceeding the first FY 2026 supplemental cap allocation. On February 13, 2026, USCIS conducted this random selection process for petitions received on the first five business days of filing (February 2 through 6, 2026).

Back to Top

9. DHS Terminates TPS for Yemen

On February 13, 2026, the Department of Homeland Security (DHS) announced the termination of Temporary Protected Status (TPS) for Yemen effective 60 days after the date of publication of the notice in the Federal Register. As of press time, it was unclear when the notice would be published.

TPS Yemen beneficiaries in the United States, estimated to number about 1,380, with no other lawful basis for remaining have 60 days from publication to voluntarily depart the United States. The agency encouraged those leaving the United States to use U.S. Customs and Border Protection’s CBP Home app to report their departure from the United States. The app includes a complimentary plane ticket, a $2,600 exit bonus, and potential future opportunities for legal immigration, DHS said.

Back to Top

10. Appeals Court Allows Termination of TPS for Honduras, Nepal, Nicaragua

On February 9, 2026, the U.S. Court of Appeals for the Ninth Circuit issued a stay pending appeal allowing the Trump administration to move forward with plans to terminate Temporary Protected Status (TPS) for an estimated 60,000 migrants in the United States, including 50,000 Hondurans, 7,000 Nepalis, and 3,000 Nicaraguans.

The court said it concluded that “the government is likely to succeed on the merits of its appeal either by showing that the district court lacked jurisdiction or by prevailing on plaintiffs’ arbitrary-and-capricious [Administrative Procedure Act] challenge.”

Back to Top

11. OFLC Releases Data on Employers and Selected Program Statistics

The Department of Labor’s Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the first quarter of fiscal year 2026) drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs. The public disclosure files include all final determinations OFLC issued for these programs during the October 1–December 31, 2025, reporting period of Fiscal Year (FY) 2026.

OFLC has also released selected program statistics for the first quarter of FY 2026 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

Back to Top

12. DOS Confirms That China is Not Part of Immigrant Visa Pause

According to reports, practitioners alerted the Department of State (DOS) on February 10, 2026, that its Travel Docs site erroneously stated that China was included among dozens of countries for which immigrant visa processing has been paused as of January 21, 2026. DOS subsequently removed the statement from its website.

Countries subject to the pause include Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Côte d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

Back to Top

13. District Court Grants Stay of DHS Secretary Noem’s Decision to End Haitian TPS; Appeal Likely

Following a January 28, 2026, ruling by the U.S. Court of Appeals for the Ninth Circuit that Homeland Security Secretary Kristi Noem exceeded her statutory authority in her partial vacatur of Haiti’s Temporary Protected Status (TPS) designation, on February 2, 2026, a district court granted plaintiffs—five Haitian TPS beneficiaries—a stay of Secretary Noem’s decision to end Haitian TPS pending the outcome of litigation.

The court found plaintiffs’ assertion that Secretary Noem preordained her termination decision and did so because of hostility to nonwhite immigrants “substantially likely.” Quoting Secretary Noem’s statements to the effect that Haiti and certain other “damn” countries have been “flooding our nation with killers, leeches, and entitlement junkies,” the court noted that plaintiffs in this case include a neuroscientist, a software engineer, a laboratory assistant, a college economics major, and a full-time registered nurse—far from fitting Secretary Noem’s description. The court also observed that Secretary Noem made the decision to cancel Haitian TPS without consulting with appropriate agencies and ignoring Congress’s requirement that she review conditions in Haiti after such consultations. The court noted that she also downplayed the danger to Haitians of returning to Haiti while the Department of State updated its travel advisory in July 2025 warning U.S. travelers not to go to Haiti due to security risks including “kidnapping, crime, terrorist activity, civil unrest, and limited health care.”

The Trump administration is expected to appeal the decision.

Back to Top

14. Congress Scraps Visas for Afghans Who Helped the United States

Last year, after an Afghan national shot two National Guard members in Washington, DC, killing one, President Trump paused the Special Immigrant Visa (SIV) program that provided a legal pathway to residence in the United States for Afghans who had worked with the U.S. government and U.S. troops during the long war against the Taliban. Congress has now approved a package of spending bills that does not authorize any new visas for the program, effectively killing it.

“They’re just slamming the door shut,” said Sen. Jeanne Shaheen (D-NH), the top Democrat on the Senate’s Committee on Foreign Relations. “Stranding vetted SIV applicants or sending Afghan families back into the hands of the Taliban isn’t about security; it’s a betrayal of the promises we made to those who risked their lives for the United States.”

It is unclear if or when visa issuances might be resumed for those with pending applications under the program.

Back to Top

15. Fifth Circuit Upholds Trump Administration’s Policy of Detention Without Release on Bond

On February 6, 2026, despite numerous rulings by lower courts across the United States, the U.S. Court of Appeals for the Fifth Circuit upheld the Trump administration’s policy of mandatory detention of thousands of people in the court’s jurisdiction (Texas and Louisiana) without the possibility of release on bond for those caught up in the administration’s immigration sweeps.

The court based its ruling on an expanded definition of “applicants for admission,” who can be held without bond while they await decisions in immigration courts, to noncitizens inside the United States, not only those arriving at ports of entry.

Other appeals courts are also expected to decide on similar issues in upcoming weeks.

Back to Top

16. Texas Governor Freezes New H-1B Visas for State Agencies and Universities, Launches Investigation

On January 27, 2026, Texas Governor Greg Abbott announced an immediate freeze on new H-1B visas by all state agencies and universities and an investigation into “H-1B visa abuse.”

In a letter to state agency heads, Gov. Abbott said, “No state agency controlled by a gubernatorially appointed head or public institution of higher education shall, without the written permission of the Texas Workforce Commission, initiate or file any new petition to sponsor a nonimmigrant worker under the federal H-1B visa program until the end of the Texas Legislature’s 90th Regular Session on May 31, 2027.” Although the freeze only affects new applications and thus is not expected to affect current H-1B workers in Texas, Gov. Abbott also ordered the state agency and university heads to provide various pieces of information, including the numbers of H-1B visa holders the entity currently sponsors, and job classifications and descriptions, by March 27, 2026.

Reaction. Although H-1B workers make up a relatively small percentage of the workforces in Texas agencies and universities, some argue that closing that pathway could have a negative impact on several sectors. Jason Finkelman, an immigration attorney in Austin, Texas, said that researchers, professors, physicians, engineers, and others in Texas will be affected. “Those researchers and professors are just going to go to other U.S. universities. So we’re going to lose the talent we need here for universities, which is going to contribute to our downfall as being leaders in … higher education.” He noted that the H-1B visa “is the most regulated visa in our whole immigration system.”

Kathleen Campbell Walker, a past president of the American Immigration Lawyers Association, objected to the freeze. Among other things, she noted that Texas medical education institutions rely on foreign physicians “to fill critical shortages in healthcare in rural areas of the state as well as in Health Professional Shortage Areas (HPSAs) and Medically Underserved Areas (MUAs).” Ms. Walker warned that “Texas universities will be severely hampered in the current global race for highly talented educators and researchers as well as for physicians at its medical schools.” She noted similar efforts in Florida, Oklahoma, and South Carolina.

Back to Top

17. Group Files Complaint Against ‘Gold Card’ Program

On February 3, 2026, a group including the American Association of University Professors and others filed a lawsuit challenging the Trump administration’s “Gold Card” visa program. The complaint asks a U.S. district court for declaratory and injunctive relief against the Departments of Homeland Security, State, and Commerce; U.S. Citizenship and Immigration Services; and the heads of those agencies.

The complaint challenges the creation and implementation of the “Gold Card” program “in contravention of Congress’s exclusive authority to regulate immigration and to raise revenue. By giving priority consideration to and awarding visas to individuals who can pay $1 million, rather than to highly talented individuals whose admission would benefit the United States, the program runs counter to the laws enacted by Congress.”

Plaintiffs note that the payment-linked program also “alters how immigrant classifications, including the EB-1A ‘extraordinary ability’ and EB-2 ‘exceptional ability’ preference categories, are defined and how applications are processed” and “causes the displacement of statutorily qualified applicants given the limited number of available visas and the preferential treatment of Gold Card applications.” By treating a payment to the Commerce Department as evidence of statutory eligibility for EB-1 and EB-2 visas, and expediting consideration of applications from individuals who make the payment, the defendants “both exceed their statutory authority and act contrary to long standing laws and policies designed to attract highly talented individuals to the United States,” the complaint states. By conditioning access to the visas on payment, the Gold Card program “allows visas to be bought, and thereby takes visas away from the people to whom federal statute specifies they should be awarded—scientists and engineers, physicians, researchers, and other accomplished individuals whose admission would substantially benefit the United States.”

Back to Top

New Publications and Items of Interest

How to submit an H-1B cap-subject registration. The American Immigration Lawyers Association released a video, How to Fill Out an H-1B Registration.

AILA recommendation to block funding for ICE and CBP. The American Immigration Lawyers Association (AILA), representing 18,000 immigration attorneys, urged Congress to refuse any funding for U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection, including a short-term continuing resolution, until enforceable reforms are put in place. “ICE and Border Patrol must be held accountable for lawless practices. After one year, the Administration’s abandonment of legal standards has resulted in devastating consequences, including multiple killings. Consequences should be imposed to ensure compliance with the law and Constitution,” AILA said. Among other things, AILA said, “No one should be targeted because they appear or sound foreign. Congress should prohibit racial profiling and profiling based on a person’s language, job or where they are located.”

Preparing for the next shutdown. The American Immigration Lawyers Association has released a practice alert, What Happens If the Government Shuts Down? The alert noted that although the most recent brief partial government shutdown ended quickly and the appropriations bill funded almost all agencies through September 30, 2026, an exception was the Department of Homeland Security (DHS). The latter agency was funded under a continuing resolution only through February 13, 2026, while Congress debated DHS’s recent enforcement actions and possible mitigations. Since Congress could not agree on what should be included in the DHS bill, a partial government shutdown affecting DHS took place. The practice alert summarized what was likely to ensue if that occurred.

Know your rights. A number of organizations, including the American Civil Liberties Union (ACLU) (English and Spanish), the Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., the National Immigrant Justice Center, the American Immigration Lawyers Association, and the Asian Law Caucus, have published resources highlighting immigrants’ and nonimmigrants’ rights in the United States and at ports of entry, including “know your rights” information and what documents they may want to carry when traveling inside the United States. ACLU of Northern California also released Know Your Rights: U.S. Airports and Ports of Entry.

E-Verify webinars: E-Verify has updated its calendar of webinars.

SAVE webinars: Systematic Alien Verification for Entitlements (SAVE) has updated its calendar of webinars.

Immigration agency X (formerly Twitter) accounts:

• EOIR: @DOJ_EOIR
• ICE: @ICEgov
• Study in the States: @StudyinStates
• USCIS: @USCIS

Alliance of Business Immigration Lawyers: ABIL is available on X (formerly Twitter): @ABILImmigration

Back to Top

ABIL Member / Firm News

Klasko Immigration Law Partners, LLP, has published several new blog posts: Alternative Strategies for I-829 Denials and California’s Workplace Know Your Rights Act (SB 294): What Employers Need to Know

Charles Kuck was featured in a new podcast, “In These Times With Bill Nigut,” discussing developments in immigration policy.

Cyrus Mehta and David Isaacson, of Cyrus D. Mehta & Partners PLLC, recently represented Mohsen Mahdawi, an organizer of the pro-Palestinian movement at Columbia University, in immigration and federal court. On February 17, 2026, attorneys for Mr. Mahdawi filed a letter with the U.S. Court of Appeals for the Second Circuit announcing that an immigration judge had terminated Mr. Mahdawi’s removal proceedings. According to a press release from the American Civil Liberties Union (ACLU), the immigration judge’s decision was based on the government’s failure to authenticate a memorandum purportedly from Secretary of State Marco Rubio. The memo served as “the basis for seeking to deport Mr. Mahdawi and declared Mr. Mahdawi a threat to U.S. foreign policy based solely on his protected speech.” The government may appeal the decision to the Board of Immigration Appeals or may attempt to refile a new case based on the same charge, the ACLU noted. Mr. Mehta said, “We’re pleased that the court has terminated this witch hunt of a case. Mohsen is a peaceful man and a valued member of his communities in Vermont and at Columbia University. The government’s pursuit of his deportation has been an affront to the principle of free speech that undergirds our democracy. The government’s inability to even file the proper paperwork demonstrates how careless and reckless they are being in their policy of detaining innocent people for their speech.”

Mr. Mehta and Kaitlyn Box have authored several new blog posts: Although the Fifth Circuit Has Justified Detention Without Bond for Noncitizens Who Entered Without Inspection, Courts Outside the Fifth Circuit Are Not Bound and Can Use Independent Judgment Under Loper Bright and Major Questions Doctrine in Immigration Cases after the Supreme Court Ruling in the Tariffs Case.

Mr. Mehta has authored a new blog post: Federal Court Relies on Loper Bright to Overturn EB-1 Denial Based on Final Merits Determination.

Stephen Yale-Loehr, of Miller Mayer, LLP, was quoted by Times Higher Education in Universities ‘All Over the Place’ in Response to ICE Raids. He said, “While we’ve certainly seen a lot of publicity about targeted ICE enforcement actions in cities like Minneapolis, there is still ICE enforcement action happening on campuses, just not as visibly.” Mr. Yale-Loehr said that institutions’ responses have been “all over the place”—with campuses in Florida being directed by state officials to actively cooperate with ICE but many others working to protect students from being deported. University leaders could cite First Amendment rights and express their opinions, he noted, “but we’ve seen this administration go after people who criticize the government, so there is some risk there.” He said that “[m]ost universities try to work behind the scenes to determine what’s going on to help students, but without making formal public statements criticizing ICE enforcement operations.”

Mr. Yale-Loehr was quoted by Newsday in These Long Island Brothers Came to the U.S. as Kids. ICE Deported Them to a Country They Hardly Know. He noted that arresting someone when they show up for a routine U.S. Immigration and Customs Enforcement check-in was rare until the second Trump administration. In past administrations, including during Trump’s first term, he explained, resources were focused on locating criminals. But immigrants like the Long Island brothers are easier to catch because they had given the government their names and addresses and attended their check-ins. “Because of this increase in going after the low-hanging fruit, they’re not going after as many criminal aliens as they would otherwise. So we may be missing some of the worst of the worst, as President Trump characterizes them.”

Mr. Yale-Loehr was quoted by El Pais in Deaths of Alex Pretti and Renee Good in Minneapolis Reignite Legal Battle Between Democratic States and ICE. He cautioned that immigration is a complex legal issue. “Immigration has long been considered a national policy, not one of 50 different states. Immigration law is the supreme law and supersedes state laws; however, states can enact their own civil and criminal penalties, and when these intersect with immigration, it becomes difficult to determine which will prevail.” Mr. Yale-Loehr noted that the Trump administration has already begun legally challenging several state laws. The federal government has filed lawsuits against California and Illinois, arguing that their immigration-related state laws are unconstitutional and jeopardize the safety of federal agents. “We’ll have to wait and see how the federal courts rule,” he said, noting that the issue could eventually reach the Supreme Court.

Back to Top

Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS case processing times online: https://egov.uscis.gov/processing-times/

Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
Back to Top

In this issue:

1. OFLC Reminds Stakeholders of H-2B Filing Timeline for 2026 Peak Filing Season – The Department of Labor’s Office of Foreign Labor Certification reminded employers and other interested stakeholders that the filing window to submit an H-2B application requesting work start dates of April 1, 2026, or later, opened on January 1, 2026.

2. DOS Issues Updated Diversity Visa Guidance – The Department of State (DOS) released updated guidance on diversity visa issuance. The guidance notes that effective immediately, DOS has paused all visa issuances to diversity immigrant visa applicants. Applicants may still submit applications and attend interviews.

3. District Court Rules Against Plaintiffs in $100,000 H-1B Fee Lawsuit – In Chamber of Commerce v. Department of Homeland Security, a federal district court ruled in favor of the Department of Homeland Security, finding that imposition of a $100,000 fee for new H-1B applications and related actions were legal under a Presidential Proclamation.

4. DHS Finalizes H-1B ‘Weighted Selection’ Rule Without Changes – Under the new process, instead of a random lottery, registrations for unique beneficiaries or petitions will be assigned to the relevant Occupational Employment and Wage Statistics wage level and entered into the selection pool on a weighted basis according to those levels.

5. Multiple States Support Plaintiffs in Amicus Brief Against New $100,000 H-1B Fee – The brief asks the judge to temporarily block a new Trump administration policy to charge new H-1B nonimmigrant visa applicants a $100,000 fee. Among other things, the states and other plaintiffs argue that the fee would exclude nonprofits and schools that are unable to afford hiring qualified H-1B workers.

6. Trump Administration Plans to Build Seven Large Deportation Facilities Across United States – The Trump administration plans to seek contractors to build seven large detention centers, including converted warehouses, to hold 5,000 to 10,000 detainees each, for a total of more than 80,000 detainees across the United States. Sixteen smaller processing facilities will hold up to 1,500 people each.

7. European Leaders Denounce U.S. Travel Sanctions Attributed to ‘Censorship’ – European leaders were quick to denounce the Trump administration’s imposition of visa bans on five officials and activists who Secretary of State Marco Rubio said “have led organized efforts to coerce American platforms to censor, demonetize, and suppress American viewpoints they oppose.”

8. President Expands Full and Partial Travel Ban List – President Trump issued a Presidential Proclamation expanding travel restrictions. The new proclamation applies to individuals who are outside of the United States as of January 1, 2026, and do not have a valid visa.

9. President Suspends Diversity Visa Program After Shootings – President Trump suspended the Diversity Immigrant Visa Program (green card lottery) following shootings at Brown University and of a Massachusetts Institute of Technology professor by a Portuguese national who immigrated to the United States in 2017 under that program.

10. USCIS Clarifies Requirements for Professional Athletes as World Cup and Olympics Events Loom – As the United States prepares for upcoming World Cup and Olympics events in 2025, U.S. Citizenship and Immigration Services announced new policy guidance to address the Department of Labor’s adoption of the Foreign Labor Application Gateway system and its effect on certain immigrant visa petitions filed on behalf of professional athletes.

11. Holiday Travel Alert: Visa Appointments Disrupted; Revocation Trends – Recent developments affecting H-1B and H-4 travelers and visa holders, and others, this winter include visa appointment disruptions tied to expanded screening and an increase in visa revocation notices reportedly linked to prior arrest history.

12. USCIS Limits Age and Type of Photos for Many Applications – U.S. Citizenship and Immigration Services announced new guidance, effective immediately, limiting the age of foreign nationals’ photos that can be used to create immigration documents to a maximum of three years, with many exceptions. Certain forms will require a new photo, along with new biometrics, regardless of when an applicant’s or petitioner’s last photograph was taken.

13. DOS Updates Instructions for Nonimmigrant and Immigrant Visa Applicants Scheduling Interviews – The Department of State announced that it has updated its instructions for all nonimmigrant and immigrant visa applicants scheduling visa interview appointments.

14. DHS Announces Termination of TPS Designation for Ethiopia – The Department of Homeland Security is terminating the Temporary Protected Status designation for Ethiopia.

15. USCIS Posts New Form for ‘Gold Card’ Immigrant Petition; ‘Platinum Card’ Coming Soon – U.S. Citizenship and Immigration Services has posted a new form for the “Trump Gold Card” immigrant visa program. The program requires a minimum “contribution” of $1 million along with a hefty fee. The Trump administration also announced a “Trump Platinum Card,” coming soon, for which foreign nationals can join a waiting list.

16. DHS Terminates Family Reunification Parole Programs – The Department of Homeland Security (DHS) is terminating all categorical family reunification parole programs for people from Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, and their immediate family members. DHS said it “is returning parole to a case-by-case basis.”

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Government Agency Links – Government Agency Links

Download:

ABIL Immigration Insider – January 4, 2026

1. OFLC Reminds Stakeholders of H-2B Filing Timeline for 2026 Peak Filing Season

On December 29, 2025, the Department of Labor’s Office of Foreign Labor Certification (OFLC) reminded employers and other interested stakeholders that the filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting work start dates of April 1, 2026, or later, opened on January 1, 2026. H-2B applications requesting an April 1, 2026, work start date will be denied if they were filed before that date.

OFLC will randomly order for processing all H-2B applications requesting a work start date of April 1, 2026, that were filed during the initial three calendar days (January 1-3, 2026) using the randomization procedures published in the Federal Register on March 4, 2019.

If OFLC identifies multiple applications that appear to have been filed for the same job opportunity, OFLC will issue a Notice of Deficiency. If multiple filings were submitted during the three-day filing window, all applications will receive a Notice of Deficiency requesting that the employer demonstrate that the job opportunities are not the same. Employers that fail to establish a bona fide need for each application will receive a non-acceptance denial for each application.

Back to Top

2. DOS Issues Updated Diversity Visa Guidance

On December 23, 2025, the Department of State (DOS) released updated guidance on diversity visa (DV) issuance. The guidance notes that effective immediately, DOS has paused all visa issuances to diversity immigrant visa applicants.

DV applicants may submit visa applications and attend interviews, and DOS will continue to schedule applicants for appointments, but no DVs will be issued. Existing DV appointments generally will not be rescheduled or canceled, DOS said. No diversity or other visas have been revoked as part of this guidance.

Back to Top

3. District Court Rules Against Plaintiffs in $100,000 H-1B Fee Lawsuit

In Chamber of Commerce v. Department of Homeland Security, a district court has ruled in favor of the Department of Homeland Security (DHS), finding that imposition of a $100,000 fee for new H-1B applications and related actions were legal under a Presidential Proclamation. “Defendants have the stronger position,” U.S. District Judge Beryl Howell said. “The lawfulness of the Proclamation and its implementation rests on a straightforward reading of congressional statutes giving the President broad authority to regulate entry into the United States for immigrants and nonimmigrants alike.”

Judge Howell noted, “To be clear, this decision in favor of defendants is not to dismiss or discount the past and ongoing contributions of H-1B workers to the American economy that plaintiffs highlight. Important as those contributions may be, the effects of the H-1B program on the American economy or national security, whether positive or negative, are simply not at issue in this case. The Supreme Court has long maintained that matters of economic and foreign policy are generally entrusted to the political branches of government and ‘rarely proper subjects for judicial intervention.’ ”

Back to Top

4. DHS Finalizes H-1B ‘Weighted Selection’ Rule Without Changes

On December 23, 2025, the Department of Homeland Security (DHS) announced a final rule implementing a weighted selection process that generally favors the allocation of H-1B visas to those who are, in the administration’s view, “higher-skilled and higher-paid.” The rule governs the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for unique beneficiaries for filing of H-1B cap-subject petitions (or H-1B petitions for any year in which the registration requirement is suspended). DHS received 17,000 comments and made no changes from the proposed rule. Court challenges are expected to follow.

Under the new process, instead of a random lottery, registrations for unique beneficiaries or petitions will be assigned to the relevant Occupational Employment and Wage Statistics wage level and entered into the selection pool as follows: (1) registrations for unique beneficiaries or petitions assigned wage level IV will be entered into the selection pool four times; (2) those assigned wage level III will be entered into the selection pool three times; (3) those assigned wage level II would be entered into the selection pool two times; and (4) those assigned wage level I will be entered into the selection pool one time. Each unique beneficiary will only be counted once toward the numerical allocation projections regardless of how many registrations were submitted for that beneficiary or how many times the beneficiary is entered in the selection pool, DHS said. The new final rule is expected to make it significantly less likely that companies will hire international students when they graduate from U.S. universities.

The final rule, to be published on December 29, 2025, is effective February 27, 2026, and will be in place for the Fiscal Year 2027 H-1B cap registration season.

Back to Top

5. Multiple States Support Plaintiffs in Amicus Brief Against New $100,000 H-1B Fee

According to reports, multiple states joined an amicus brief supporting plaintiffs in Global Nurse Force v. Trump, filed in the Northern District of California. The brief asks the judge to temporarily block a new Trump administration policy to charge new H-1B nonimmigrant visa applicants a $100,000 fee. Among other things, the states and other plaintiffs argue that the fee would exclude from hiring qualified H-1B workers nonprofits and schools that are unable to afford it.

The amicus brief includes the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

Another court has upheld the fee.

Back to Top

6. Trump Administration Plans to Build Seven Large Deportation Facilities Across United States

According to reports, the Trump administration plans to seek contractors to build seven large detention centers, including converted warehouses, to hold 5,000 to 10,000 detainees each, for a total of more than 80,000 detainees across the United States. Sixteen smaller processing facilities will hold up to 1,500 people each.

The larger facilities will be in Arizona, Georgia, Louisiana, Missouri, Texas, and Virginia. The smaller facilities will be in Georgia, Florida, Indiana, Louisiana, Maryland, Michigan, Minnesota, New Hampshire, New Jersey, New York, Oklahoma, Pennsylvania, Texas, and Utah.

Back to Top

7. European Leaders Denounce U.S. Travel Sanctions Attributed to ‘Censorship’

According to reports, European leaders were quick to denounce the Trump administration’s imposition of visa bans on five officials and activists who Secretary of State Marco Rubio said “have led organized efforts to coerce American platforms to censor, demonetize, and suppress American viewpoints they oppose.”

French president Emmanuel Macron said the ban was “intimidation and coercion aimed at undermining European digital sovereignty.” European Council President António Costa said that “such measures are unacceptable between allies, partners, and friends,” and the European Commission said that “if needed, we will respond swiftly and decisively to defend our regulatory autonomy against unjustified measures.”

One of the targeted officials, former European Union (EU) commissioner Thierry Breton, is considered a mastermind of the EU’s landmark Digital Services Act (DSA). “Is McCarthy’s witch hunt back? As a reminder: 90% of the European Parliament—our democratically elected body—and all 27 Member States unanimously voted [for] the DSA. To our American friends: ‘Censorship isn’t where you think it is,’ ” Mr. Breton said on X.

Another target is Imran Ahmed, founder and chief executive officer of the Center for Countering Digital Hate. Mr. Ahmed, a U.S. permanent resident and British national, filed a lawsuit against Trump administration officials, resulting in a restraining order from a federal judge temporarily forbidding the administration from arresting or detaining Mr. Ahmed before his case can be heard. “I will not be bullied away from my life’s work of fighting to keep children safe from social media’s harm and stopping antisemitism online,” he said.

Back to Top

8. President Expands Full and Partial Travel Ban List

On December 16, 2025, President Trump issued a Presidential Proclamation expanding travel restrictions announced earlier this year. The new proclamation applies to individuals who are outside of the United States as of January 1, 2026, and do not have a valid visa. Below are highlights.

Full Ban

Added to the original list of countries named in the earlier ban (Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen) are the new countries under the “full” ban (Burkina Faso, Laos, Mali, Niger, Sierra Leone, South Sudan, and Syria) and individuals holding Palestinian Authority-issued or endorsed travel documents.

Partial Restrictions

The proclamation also continues “partial” restrictions for immigrants (green card applicants) and nonimmigrants (temporary visa applicants) in the visitor/tourist category (B-1, B-2, B-1/B-2), student categories (F and M), and exchange visitor category (J) for several countries (Burundi, Cuba, Togo, Venezuela, and Turkmenistan (nonimmigrant Turkmenistan nationals on B-1, B-2, B-1/B-2, F, M, and J visas no longer face any travel restrictions, but entry to the United States of Turkmenistan nationals as immigrants remains suspended).

New countries with “partial” restrictions (suspension of entry into the United States of immigrants and nonimmigrants in the B-1, B-2, B-1/B-2, F, M, and J classifications) include Angola, Antigua and Barbuda, Benin, Cote d’Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe.

Both Full and Partial

Countries on both the “full” and “partial” suspension lists will be periodically reviewed every 180 days under the terms of the Proclamation to determine if any of the suspensions or limitations imposed should be continued, terminated, modified, or supplemented. Employers sponsoring individuals from these countries, and visa applicants from these countries, should closely monitor changes in federal immigration policy that may allow for future changes to their U.S. visa and entry eligibility.

Exceptions

Significant exceptions to these travel restrictions include:

1. Lawful permanent residents of the United States (existing green card holders);
2. Existing nonimmigrant (temporary) visa holders;
3. Dual nationals of a designated country traveling on a passport of a non-designated country (for example, a dual national of the United Kingdom and Chad may be able to travel using their UK passport);
4. Diplomats holding A/G/NATO visas;
5. Athletes or members of an athletic team (including coaches and immediate relatives) traveling for the World Cup, Olympics, or other major sporting events designated by the Secretary of State;
6. Special Immigrant Visa (SIV) holders (no longer including Afghan SIV holders);
7. Ethnic and religious minorities in Iran;
8. Individuals granted asylum;
9. Individuals whose entry is determined to be in the national interest involving the Department of Justice as determined by the Attorney General;
10. Individuals whose entry serves the U.S. national interest as determined by the Secretary of State; and
11. Individuals whose entry is determined to be in the national interest involving the Secretary of Homeland Security.

As noted above, the proclamation no longer includes exceptions for Afghans who qualify for the SIV program. Additionally, the proclamation removes exceptions previously in the June travel ban for individuals with family-based immigrant visas and adoption visas. National Interest Exceptions may also be possible, although the Department of State has not released an implementation policy.

Practitioners advise those affected by this proclamation who are presently outside of the United States to consider making plans to return immediately. See also the related White House fact sheet.

Back to Top

9. President Suspends Diversity Visa Program After Shootings

On December 18, 2025, President Trump suspended the Diversity Immigrant Visa Program, sometimes called the “green card lottery,” following shootings at Brown University and of a Massachusetts Institute of Technology professor by a Portuguese national who immigrated to the United States in 2017 under that program and obtained legal permanent residence (previously, he had been in the United States on a student visa but left school).

“At President Trump’s direction, I am immediately directing [U.S. Citizenship and Immigration Services] to pause the DV1 program to ensure no more Americans are harmed by this disastrous program,” Secretary of Homeland Security Kristi Noem said in a post on X.

Back to Top

10. USCIS Clarifies Requirements for Professional Athletes as World Cup and Olympics Events Loom

On December 18, 2025, as the United States prepares for upcoming World Cup and Olympics events in 2025, U.S. Citizenship and Immigration Services (USCIS) announced new policy guidance to address the Department of Labor’s (DOL) adoption of the Foreign Labor Application Gateway (FLAG) system and its effect on certain immigrant visa petitions filed on behalf of professional athletes.

The guidance:

• Provides an overview of the FLAG system and describes the new labor certification-related documentation that must be submitted with the Form I-140 (Immigrant Petition for Alien Workers);
• Explains that labor certifications for professional athletes that were filed using the FLAG system no longer contain the minimum job requirements for the offered position; and
• Clarifies that if an immigrant petition for a professional athlete contains a labor certification obtained through the FLAG system, USCIS may issue a request for evidence to obtain the minimum job requirements if that information is not contained in the supporting documentation submitted with the Form I-140.

Back to Top

11. Holiday Travel Alert: Visa Appointments Disrupted; Revocation Trends

The Alliance of Business Immigration Lawyers (ABIL) is alerting clients about recent developments affecting H-1B and H-4 travelers and visa holders, and others, this winter: visa appointment disruptions tied to expanded screening and an increase in visa revocation notices reportedly linked to prior arrest history.

For example, attorneys have received reports that many H-1B and H-4 visa appointments scheduled in India for December 2025 have been canceled. Applicants are receiving notices that their appointments are being rescheduled for February and March 2026 instead. So far, these reports come from U.S. consulates in Hyderabad and Chennai; further cancellations and reschedulings are anticipated at other posts in India and elsewhere. Affected H-1B visa applicants and their dependents should anticipate rescheduling delays due to lengthy online presence checks and any potential security-related indicators and plan their future travel accordingly.

Attorneys also have received reports that the Department of State has initiated visa revocation actions for some H-1B visa holders based on prior arrest history, including arrests that occurred years ago (some reports reach back to 2017). Visa revocations do not necessarily impact lawful status in the United States but are a serious concern.

Visa holders in the United States may want to consider postponing international travel or delaying departure until the consulate has confirmed that a visa appointment has not been rescheduled. For case-specific guidance on travel planning, stamping strategy, rescheduling visa appointments, or responding to a revocation notice, contact your ABIL attorney.

Back to Top

12. USCIS Limits Age and Type of Photos for Many Applications

On December 12, 2025, U.S. Citizenship and Immigration Services (USCIS) announced new guidance, effective immediately, limiting the age of foreign nationals’ photos that can be used to create immigration documents to a maximum of three years, with many exceptions. Certain forms will require a new photo, along with new biometrics, “regardless of when an applicant’s or petitioner’s last photograph was taken,” including applications to replace permanent resident cards and to register permanent residence or adjust status, and applications for naturalization and certificates of citizenship.

Additionally, USCIS said, “self-submitted photos will no longer be accepted. Only photos taken by USCIS or other authorized entities will be used.” USCIS also said that it “has the discretion to require a new photograph from requestors in lieu of reusing an existing photograph.”

Back to Top

13. DOS Updates Instructions for Nonimmigrant and Immigrant Visa Applicants Scheduling Interviews

On December 12, 2025, the Department of State (DOS) announced that it has updated its instructions for all nonimmigrant and immigrant visa applicants scheduling visa interview appointments.

Nonimmigrant Visas

• Applicants for U.S. nonimmigrant visas should schedule their visa interview appointments at the S. embassy or consulate in their country of nationality or residence.
• Nationals of countries where the U.S. government is not conducting routine nonimmigrant visa operations must apply at the designated embassy or consulate, unless their residence is elsewhere.

Immigrant Visas

• Immigrant visa applicants must interview in the consular district designated for their place of residence or in their country of nationality if requested, with limited exceptions.
• Residents of countries where routine visa operations are suspended or paused should apply at their designated immigrant visa processing post, unless the applicant is a national of another country with ongoing operations.

The announcements include a list of designated processing posts for applications.

Back to Top

14. DHS Announces Termination of TPS Designation for Ethiopia

On December 12, 2025, the Department of Homeland Security (DHS) announced that it is terminating the Temporary Protected Status (TPS) designation for Ethiopia.

DHS said that Ethiopian nationals with no other lawful basis for remaining in the United States have 60 days to voluntarily depart the United States. After February 13, 2026, DHS “may arrest and deport any Ethiopian national without status after their TPS has been terminated.” DHS said it encourages them to use U.S. Customs and Border Protection’s CBP Home Mobile App to report their departure and “self-deport” from the United States. Use of the app “includes a complimentary plane ticket, a $1,000 exit bonus, and potential future opportunities for legal immigration,” DHS said.

Back to Top

15. USCIS Posts New Form for ‘Gold Card’ Immigrant Petition; ‘Platinum Card’ Coming Soon

U.S. Citizenship and Immigration Services (USCIS) has posted a new form for the “Trump Gold Card” immigrant visa program, Form I-140G, Immigrant Petition for the Gold Card Program. The program requires a minimum “contribution” of $1 million along with a hefty application fee. Applicants may only file the form after they have registered their information on trumpcard.gov and received confirmation that their submission was accepted. USCIS will contact the applicant when it is time to create or log in to their USCIS online account to file the form.

The form, dated 11/19/2025, was created under “The Gold Card,” Executive Order 14351. The fee for Form I-140G is $15,000 per person (principal beneficiary, spouse, or child(ren), as applicable). Additional Department of State (DOS) “small fees” may apply “depending on the applicant.” For a corporation or similar entity filing on behalf of an individual, the required “gift” to the United States is $2 million for the principal beneficiary, and $1 million per person for any accompanying spouse or children listed on the petition, in addition to the fee(s).

The Trump administration also announced a “Trump Platinum Card,” coming soon, for which foreign nationals can join a waiting list. When launched, and upon receipt of a $15,000 processing fee and a $5 million contribution, applicants will have the ability to spend up to 270 days in the United States without being subject to U.S. taxes on non-U.S. income. Additional DOS “small fees” may apply “depending on the applicant.” Those “who have ever been subject to U.S. tax on non-U.S. income (e.g., U.S. citizens and resident aliens) are not eligible to apply for the Trump Platinum Card.”

It is unclear how long processing will take. The website states, “Once an applicant’s processing fee and application are received, the process should take weeks. The applicant will need to attend a visa interview and submit any additional documents in a timely manner.” However, practitioners expressed concerns that it could take years in some cases.

Back to Top

16. DHS Terminates Family Reunification Parole Programs

On December 12, 2025, the Department of Homeland Security (DHS) announced that it is terminating all categorical family reunification parole (FRP) programs for people from Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, and their immediate family members. DHS said it “is returning parole to a case-by-case basis.”

If a person was paroled in the United States under the FRP programs and their parole has not yet expired by January 14, 2026, it will terminate on that date unless the person has a pending application to register permanent residence or adjust status that was postmarked or electronically filed by December 15, 2025, and is still pending on January 14, 2026. If the person with parole has a pending Form I-485, the parole will remain valid until either the period of parole expires or DHS makes a final decision on their pending Form I-485, whichever is sooner. If DHS denies their Form I-485, “their period of parole will be terminated, and they should depart the United States immediately.”

DHS said that when it terminates a person’s period of parole under the FRP programs, it also will revoke their employment authorization based on that parole. The agency said it will notify each person individually that DHS is terminating their parole period and revoking their employment authorization.

Back to Top

New Publications and Items of Interest

USCIS end-of-year summary. U.S. Citizenship and Immigration Services released its end-of-year review.

Client flyer on $100,000 Fee for New H-1B Workers. The American Immigration Lawyers Association has released a client flyer on the Presidential Proclamation requiring a $100,000 fee for new H-1B workers. The flyer is available as a generic PDF version as well as a Word version that can be customized with the attorney’s firm information.

Know your rights. A number of organizations, including the American Civil Liberties Union (ACLU) (English and Spanish), the Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., the National Immigrant Justice Center, the American Immigration Lawyers Association, and the Asian Law Caucus, have published resources highlighting immigrants’ and nonimmigrants’ rights in the United States and at ports of entry, including “know your rights” information and what documents they may want to carry when traveling inside the United States. ACLU of Northern California also released Know Your Rights: U.S. Airports and Ports of Entry.

E-Verify webinars: E-Verify has updated its calendar of webinars.

SAVE webinars: Systematic Alien Verification for Entitlements (SAVE) has updated its calendar of webinars.

Immigration agency X (formerly Twitter) accounts:

• EOIR: @DOJ_EOIR
• ICE: @ICEgov
• Study in the States: @StudyinStates
• USCIS: @USCIS

Alliance of Business Immigration Lawyers: ABIL is available on X (formerly Twitter): @ABILImmigration

Back to Top

ABIL Member / Firm News

Vic Goel was quoted by Forbes in DHS Finalizes Controversial Immigration Rule on H-1B Lottery. He said, “The Department of Labor’s [DOL] [Occupational Employment and Wage Statistics] wage levels are designed as a job classification tool that reflects the amount of experience, supervision and responsibility required for a position, not an assessment of whether the worker is ‘highly skilled’ or ‘less skilled.’ A Level I role is simply an entry-level version of the occupation, while Level IV is a senior-level position requiring greater judgment and independence.” Mr. Goel said he disagrees with the central premise of the rule: that higher wage levels in the DOL system equate to higher skill and greater economic value. “[U.S. Citizenship and Immigration Services] used its framing to justify weighting the lottery in favor of Level III and IV beneficiaries. Wage levels don’t correspond to skill in the way USCIS suggests, and instead they correspond to how DOL has structured job progression for prevailing wage purposes.” He said that the two systems are incompatible because the DOL wage levels focus only on making sure an employer’s pay for foreign nationals is fair relative to the job requirements. “USCIS lottery weighting attempts to twist those same levels into a proxy for ‘skill’ and ‘best and brightest,’ ” he said.

Cyrus Mehta appeared on a CNBC program about the new H-1B wage prioritization rule and the $100,000 fee. The program was broadcast in India nationally and released on YouTube.

Mr. Mehta authored a new blog post: 2025 in Perspective Through the Insightful Immigration Blog.

Mr. Mehta and Kaitlyn Box co-authored several new blog posts: Another Round of Country Bans Driven by Presidential Animus and Deferred Action for Special Immigrant Juveniles Survives Trump’s Attempts to Eliminate It.

Mr. Mehta was quoted by the Times of India in ‘Fits the Pattern’: Former Immigration Official Says Trump Could Permanently End Green Card Program as Lottery Stops. The article quoted Mr. Mehta’s “X” post: “One person’s bad actions should not be used to shut down the entire Diversity Visa program that is mandated by Congress. The Brown University shootings were not as a result of the visa program but based on the motivations of an individual. The President has in the past unfortunately attacked the DV program because it brings people from ‘shithole’ countries to the U.S. The alleged killer in this case is from Portugal, which hardly qualifies from among the countries that Trump has denigrated. The administration should not be using these unfortunate killings as a pretext to shut down immigration programs it disfavors.”

Mr. Mehta was quoted by the Economic Times in A Million-Dollar Gold Card, Yet the Same Long Wait for Indians Eyeing American Shores. Commenting on the long waits people born in India will face if they apply for the Gold Card, he said, “If you are born in India, beware of Trump’s Gold Card, as you will be stuck in the India EB-1 or EB-2 backlogs for years and even decades after you have shelled out $1 million or more and won’t see your green card for a very long time or never.”

Mr. Mehta was quoted by the Times of India in U.S. to Scan Social Media of all H-1B, H-4 Visa Applicants From December 15. Commenting on the new social media vetting policy for H-1Bs, he said, “The policy to punish H-1B holders who have been involved in censorship in the tech sector appears to be hypocritical. The Trump administration will deny a visa benefit if you (say as an executive in a social media company) have censored a person or viewpoint they favour – however politically incorrect, hurtful or obnoxious it may be. On the other hand, the Trump administration will have no compunctions to punish you if you have expressed views that they disfavor such as views perceived to be anti-Americanism even if it is protected under the First Amendment.”

Stephen Yale-Loehr, of Miller Mayer, LLP, was quoted by Law360 in The Legal Fights Set to Define Access to Justice in 2026. He said that although the Supreme Court has largely deferred to President Trump on most immigration issues, the birthright citizenship case might present an opportunity to distance itself from his administration’s policies. “The court wants at least one case, I think, to show that it does have some independence from President Trump by ruling against him. I think this is an example of such a case,” he said.

Mr. Yale-Loehr was quoted by the New York Times in Trump Administration Pauses Diversity Immigration Program After Brown Shooting. He noted that the program was created by Congress and presidents “cannot unilaterally negate or terminate an immigration program.” He said that although the Trump administration was likely to argue that the president could bar the entry of any foreign national who posed a national security risk, the courts would have to decide whether that authority allowed the president to suspend the diversity visa program entirely. “This is another example of the Trump administration acting first and letting the courts figure out the legality later,” he said.

Mr. Yale-Loehr was quoted by Smart Cities Dive in Illinois Law Tightens State Limits on Federal Immigration Enforcement. He said that “the dividing line between federal and state regulation of immigration has always been murky,” but “federal law has generally trumped state efforts to regulate immigration because courts have ruled that immigration touches on sovereignty and foreign relations.”

Mr. Yale-Loehr was quoted by MarketWatch in Trump’s $1 Million ‘Gold Card’ Immigration Program is Close to Launching. Here’s What’s Ahead.

Mr. Yale-Loehr and four other Cornell Law experts will present a free webinar on Thursday, January 8, 2026, from 1 to 2 p.m. ET on how immigration law and policy changed in 2025 and what we might expect in 2026. If you can’t make the live webinar, you can register to get the link to view the webinar afterwards. More information and registration is here: https://ecornell.cornell.edu/keynotes/overview/K010826a/

Back to Top

Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS case processing times online: https://egov.uscis.gov/processing-times/

Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Back to Top

In this issue:

1. DHS Publishes Interim Final Rule Ending Automatic Extension of Certain EADs – The rule does not affect the validity of EADs that were automatically extended before October 30, 2025, or that are otherwise automatically extended by law or through a Federal Register notice, such as for Temporary Protected Status-related employment documentation.

2. Presidential Determination Limits Refugee Admissions to Historic Low of 7,500 in FY 2026, Prioritizes Afrikaners From South Africa – The cap is the lowest limit on refugee admissions since establishment of the United States’ refugee program in 1980. The latest determination follows the admission in May 2025 of a group of 49 white Afrikaners into the United States as refugees. President Trump has accused the South African government of racial discrimination against Afrikaners, which that government has denied.

3. USCIS Releases Additional Guidance on New $100,000 H-1B Fee – U.S. Citizenship and Immigration Services (USCIS) announced additional guidance related to the Presidential Proclamation establishing a $100,000 fee for new H-1B petitions. Among other things, USCIS emphasized that petitions subject to the fee that are filed without evidence of payment or the grant of an exception will be denied.

4. USCIS Discusses Impact of Shutdown on Certain H and CW Petitions – U.S. Citizenship and Immigration Services said it will process H-1B, H-2A, and H-2B-related Form I-129 petitions and CW-1-related Form I-129CW petitions during the federal government shutdown. If the petitioner documents that the shutdown was the primary reason for a delay in filing an extension of stay or change of status request, the agency will consider the government shutdown an “extraordinary circumstance beyond the petitioner’s control.”

5. U.S. Chamber of Commerce Files Lawsuit, Calls New $100K H-1B Fee ‘Unlawful’ – The U.S. Chamber of Commerce is challenging the legality of the new $100,000 H-1B fee.

6. Visa Bulletin for November Includes Diversity Visa 2026 Results – The Kentucky Consular Center has registered and notified the selectees who are eligible to participate in the DV-2026 Diversity Visa program.

7. USCIS Implements New Immigration Parole Fee – The fee is $1,000 for fiscal year 2025 and is subject to annual adjustments for inflation. Parolees must pay the fee when they are paroled into the United States unless they qualify for an exception.

8. District Court Rules Trump Administration Policy Targeting Foreign Faculty’s and Students’ Speech Violates First Amendment – A U.S. district judge ruled against the Trump administration in a First Amendment case involving the targeting of pro-Palestinian foreign faculty and students for visa revocation and deportation.

9. E-Verify Resumes Operations; Employers Hiring When E-Verify Was Unavailable Must Create a Case by October 14 – E-Verify has resumed operations during the federal government shutdown. The announcement includes instructions for employers who hired foreign employees while E-Verify was temporarily not available. Employers who participate in E Verify must create an E Verify case by Tuesday, October 14, 2025, for each employee hired while E Verify was not available.

10. DOS Announces New Policy for Interviewing Immigrant Visa Applicants – Effective November 1, 2025, immigrant visa applicants must be interviewed in the consular district designated for their place of residence, or in their country of nationality if requested, with limited exceptions.

11. University Warns H-1B Faculty and Staff: Don’t Travel Now – The University of Southern California has urged faculty and staff in H-1B status to avoid international travel.

12. DACA News: USCIS Issues Memo Calling for Termination for Attempts to Purchase a Firearm; Immigration Attorney Launches National Green Card Initiative – In several developments affecting Deferred Action for Childhood Arrivals (DACA) recipients, U.S. Citizenship and Immigration Services has issued guidance on terminating DACA status when a DACA recipient attempts to purchase a firearm, and an immigration attorney has launched a national green card initiative for DACA recipients.

13. EOIR Announces New Director: Daren K. Margolin – On October 7, 2025, the Department of Justice’s Executive Office for Immigration Review announced the appointment of a new director.

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Government Agency Links – Government Agency Links

Download:

ABIL Immigration Insider – November 2, 2025

1. DHS Publishes Interim Final Rule Ending Automatic Extension of Certain EADs

Effective October 30, 2025, an interim final rule published the same day ends the automatic extension of certain Employment Authorization Documents (EADs) (Forms I-766) for those who have timely filed an application to renew an EAD in certain employment authorization categories. The Department of Homeland Security (DHS) said the rule does not affect the validity of EADs that were automatically extended before October 30, 2025, or that are otherwise automatically extended by law or through a Federal Register notice, such as for Temporary Protected Status (TPS)-related employment documentation.

DHS noted that certain situations “continue to extend the validity period of a facially expired EAD.” An EAD is extended when an EAD beneficiary:

• Presents a Form I-797C, Notice of Action, receipt notice showing timely filing of a renewal EAD application before October 30, 2025. Such EADs maintain an up-to-540-day automatic extension;
• Presents an EAD that has been automatically extended by a Federal Register notice for TPS category A12 or C19 EADs; or
• Is covered under other EAD extensions provided by law, such as the Optional Practical Training extension for science, technology, engineering, and mathematics students (STEM-OPT) or the F-1 to H-1B cap-gap.

Dependents who have work authorization based on their immigration status, such as L-2 and E spouses, are not included in this change. These individuals are authorized to work based on their underlying status, not the validity of an EAD. While some may still choose to apply for an EAD for documentation purposes, the expiration of that card does not terminate their work authorization, which continues as long as their status remains valid.

Employers may want to consider:

• Auditing I-9 records and establishing a renewal tracking system to identify at-risk employees.
• Communicating early with foreign national staff to ensure timely filing of renewals (which currently take seven months or more).
• Assessing/developing contingency plans for critical roles potentially affected by EAD lapses.
• Monitoring DHS updates, since the rule invites public comment, which could result in future adjustments.

Given the expected widespread impact on employers and foreign national workers, litigation is likely. Comments on the interim final rule are due by December 1, 2025.

Back to Top

2. Presidential Determination Limits Refugee Admissions to Historic Low of 7,500 in FY 2026, Prioritizes Afrikaners From South Africa

A Presidential Determination published on October 30, 2025, limits refugee admissions in Fiscal Year (FY) 2026 to 7,500 and prioritizes Afrikaners from South Africa: “The admissions numbers shall primarily be allocated among Afrikaners from South Africa pursuant to Executive Order 14204, and other victims of illegal or unjust discrimination in their respective homelands.”

The latest determination follows the admission in May 2025 of a group of 49 white Afrikaners into the United States as refugees. President Trump has accused the South African government of racial discrimination against Afrikaners, which that government has denied.

The cap is the lowest limit on refugee admissions since establishment of the United States’ refugee program in 1980. For comparison, the most recent previous refugee admissions cap was 125,000 in FY 2025.

Back to Top

3. USCIS Releases Additional Guidance on New $100,000 H-1B Fee

On October 20, 2025, U.S. Citizenship and Immigration Services (USCIS) announced additional guidance related to the September 19, 2025, Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers. As of September 21, 2025, new H-1B petitions must be accompanied by an additional $100,000 payment as a condition of eligibility.

USCIS emphasized that for H-1B petitions subject to the Proclamation, “petitioners must submit a copy of the proof of the payment from pay.gov or evidence of an exception from the fee from the Secretary of Homeland Security at the time of filing the H-1B petition. Petitions subject to the $100,000 payment that are filed without evidence of payment or the grant of an exception will be denied.”

USCIS has confirmed that:

• Those who are outside of the United States but have valid H-1B visas are not subject to the $100,000 H-1B fee.
• H-1B petitions requesting a change of status, amendment, or extension of stay are not subject to the $100,000 fee, unless that request is denied (effectively approving the petition for consular notification).
• The Proclamation does not prevent any holder of a current H-1B visa, or any beneficiary following petition approval, from traveling in and out of the United States.
• The fee instructions state that for new H-1B petitions on behalf of individuals outside the United States, the fee must be paid before the petition is filed.

The October 20 guidance did not mention H-1B1 visas. As such, it is unclear whether the Proclamation applies to Chileans and Singaporeans applying for H-1B1 visas. On September 29, however, the U.S. Embassy of Singapore stated that the Proclamation “does not apply to the H-1B1 visa for Singaporean citizens. There is no change to the H-1B1 process at this time.”

On October 20, USCIS updated the H-1B Specialty Occupations page to include a section, “Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers.”

Back to Top

4. USCIS Discusses Impact of Shutdown on Certain H and CW Petitions

U.S. Citizenship and Immigration Services (USCIS) announced that it will process H-1B, H-2A, and H-2B-related Form I-129 petitions and CW-1-related Form I-129CW petitions during the federal government shutdown. “We recognize, however, that the shutdown may affect a petitioner’s ability to get required documentation (such as a labor condition application or a temporary labor certification from the U.S. Department of Labor), which may delay their ability to file Form I-129 or Form I-129CW.”

If an H-1B, H-2A, H-2B, or CW-1 petitioner meets all other applicable requirements and submits evidence establishing that the government shutdown was the primary reason they did not timely file an extension of stay or change of status request, USCIS will consider the government shutdown an “extraordinary circumstance beyond the petitioner’s control” when it determines whether to excuse the failure to timely file.

USCIS said it will monitor the situation and publish additional guidance if needed.

Back to Top

5. U.S. Chamber of Commerce Files Lawsuit, Calls New $100K H-1B Fee ‘Unlawful’

On October 16, 2025, the U.S. Chamber of Commerce (USCC) filed a lawsuit challenging the legality of the new $100,000 H-1B fee. USCC said that it believes the new fee “is unlawful because it overrides provisions of the Immigration and Nationality Act that govern the H-1B program, including the requirement that fees be based on the costs incurred by the government in processing visas.”

USCC said it has “heard from many Chamber members—from small to large and across industries—regarding the tremendous negative impact that will be caused” by the fee. The suit argues that “[f]or more than 70 years, what is now known as the H-1B visa program has enabled the United States to harness this magnetic draw. Tens of thousands of highly skilled people in specialized fields boost the American economy each year after obtaining H-1B status. These workers allow businesses of all sizes, in industries across the economy, to innovate and grow. The resulting innovations lead to more American jobs, higher wages, and new products and services that improve the quality of life for all Americans.” Arguing that the new fee “exceeds the President’s lawful authority,” USCC noted that before the presidential proclamation at issue, Restriction on Entry of Certain Nonimmigrant Workers (Sept. 2025), most H-1B petitions cost less than $3,600.

On the same day the lawsuit was filed, USCC published H-1B Visas: What You Need to Know. The brief report notes that “decades of research show that high-skill immigration raises output and local wages without reducing domestic employment. Persistent labor shortages in computer, math, and engineering occupations underscore the demand for specialized skills.”

Back to Top

6. Visa Bulletin for November Includes Diversity Visa 2026 Results

The Department of State’s (DOS) Visa Bulletin for November 2025 notes that the Kentucky Consular Center in Williamsburg, Kentucky, has registered and notified the selectees who are eligible to participate in the DV-2026 Diversity Visa (DV) program.

The bulletin notes that approximately 129,516 prospective applicants (i.e., selectees and their spouses and children) have been registered, can confirm their selection, and may be eligible to apply for an immigrant visa. “Since selection is random and blind to the number of family members who might immigrate with the selectee, and it is likely that some of the selectees will not complete their cases or will be found ineligible for a visa, this larger figure should ensure that all DV-2026 numbers can be used during fiscal year 2026 (FY26: October 1, 2025, until September 30, 2026),” the bulletin states.

The bulletin includes details on next steps for selectees and a statistical breakdown by country. People can find updates on DOS’s Electronic Diversity Visa Program webpage, including information on registering for DV-2027 when it becomes available.

Back to Top

7. USCIS Implements New Immigration Parole Fee

On October 16, 2025, the Department of Homeland Security announced publication of a Federal Register notice, effective the same day, to implement a new immigration parole fee required by the reconciliation bill (H.R. 1). The fee is $1,000 for fiscal year 2025 and is subject to annual adjustments for inflation. Parolees must pay the fee when they are paroled into the United States unless they qualify for an exception.

The notice states that the fee applies each time a person “is granted parole under INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A), including initial parole from outside the United States, Congressionally-authorized ‘parole in place,’ re-parole, or parole from DHS custody.” The fee is not due “when an application is merely submitted or when a travel document is issued,” but rather, DHS will collect the fee after it determines that the person “merits a grant of parole as a matter of discretion” and “either appears for inspection at a port of entry or is already physically present in the United States.”

Back to Top

8. District Court Rules Trump Administration Policy Targeting Foreign Faculty’s and Students’ Speech Violates First Amendment

On September 30, 2025, in American Association of University Professors v. Rubio, a U.S. district judge ruled against the Trump administration in a First Amendment case involving the targeting of pro-Palestinian foreign faculty and students for visa revocation and deportation. The judge said the question was whether noncitizens lawfully present in the United States have the same free speech rights as U.S. citizens, and the answer was that “unequivocally ‘yes, they do.’ ”

The court found that Secretary of Homeland Security Kristi Noem and Secretary of State Marco Rubio, together with their subordinates, “deliberately and with purposeful aforethought” coordinated their actions to intentionally “chill the rights to freedom of speech” and peaceful assembly of the noncitizen members of the plaintiff associations. The court ruled, among other things, that “the Plaintiffs have shown that Secretaries Noem and Rubio are engaged in a mode of enforcement leading to detaining, deporting, and revoking noncitizens’ visas solely on the basis of political speech, and with the intent of chilling such speech and that of others similarly situated. Such conduct is not only unconstitutional, but a thing virtually unknown to our constitutional tradition.”

Back to Top

9. E-Verify Resumes Operations; Employers Hiring When E-Verify Was Unavailable Must Create a Case by October 14

On October 9, 2025, E-Verify announced that it has resumed operations during the federal government shutdown. The announcement includes instructions for employers who hired foreign employees while E-Verify was temporarily not available, tips on how to handle tentative nonconfirmations (mismatches), and federal contractor deadlines and how to count days when E-Verify was unavailable. It also includes instructions for employees with traditional E-Verify cases or E-Verify+ cases.

The announcement notes that employers who participate in E‑Verify must have created an E‑Verify case by Tuesday, October 14, 2025, for each employee hired while E‑Verify was not available. E-Verify went down on October 1, 2025, in conjunction with the shutdown, and was back online without notice late on October 7, 2025.

Back to Top

10. DOS Announces New Policy for Interviewing Immigrant Visa Applicants

Effective November 1, 2025, immigrant visa applicants must be interviewed in the consular district designated for their place of residence, or in their country of nationality if requested, with limited exceptions, the Department of State (DOS) announced.

Residents of countries where routine visa operations are suspended or paused should apply at their designated immigrant visa processing post, DOS said, unless the applicant is a national of another country with ongoing operations. The DOS notice provides a list of immigrant visa designated processing posts for such countries.

Highlights of DOS’s instructions include:

• Existing Appointments: Existing immigrant visa appointments will generally not be rescheduled or cancelled.
• Post-to-Post Transfers: Beginning immediately, if an applicant would like to transfer an immigrant visa case to a new consular district after the National Visa Center (NVC) has scheduled the appointment, the applicant should contact NVC using its Public Inquiry Form and should not contact the consular section directly.
• Residence Requirement: If an applicant requests to interview in a location other than the applicant’s assigned consular district or country of nationality, NVC may request additional information to confirm that the location is an applicant’s place of residence, or to confirm whether an exception may be appropriate.
• Exceptions: Rare exceptions may be made for humanitarian or medical emergencies or foreign policy reasons.
• Diversity Visas: These changes will be applied to Diversity Visa applicants in the DV-2026 program year.

Back to Top

11. University Warns H-1B Faculty and Staff: Don’t Travel Now

The University of Southern California (USC) has urged faculty and staff in H-1B status to avoid international travel. “Out of an abundance of caution, all faculty and staff in H-1B status currently in the U.S. should put international travel plans on hold until they receive further guidance,” the statement says.

Aisling Kelliher, associate professor of cinematic arts at USC, said she was concerned about widespread confusion and anxiety resulting from new H-1B policies under the Trump administration, including a $100,000 fee for new H-1B applications. “If you’re going to invest the time in uprooting yourself and moving to another country, perhaps it is going to be more attractive to [move] to … other countries that’re going to make it a little bit more attractive for people to consider that, long-term, they may be able to put down roots,” she noted.

Back to Top

12. DACA News: USCIS Issues Memo Calling for Termination for Attempts to Purchase a Firearm; Immigration Attorney Launches National Green Card Initiative

In several developments affecting Deferred Action for Childhood Arrivals (DACA) recipients, U.S. Citizenship and Immigration Services (USCIS) has issued guidance on terminating DACA status when a DACA recipient attempts to purchase a firearm, and an immigration attorney has launched a national green card initiative for DACA recipients.

USCIS Releases Guidance on DACA Termination for Attempted Firearm Purchase

U.S. Citizenship and Immigration Services (USCIS) is instructing USCIS officers “to initiate certain post-adjudicative actions to ensure that [Deferred Action for Childhood Arrivals (DACA)] is properly terminated when DACA recipients engage in certain unlawful acts.” In a new memorandum, USCIS calls attempts to purchase a firearm by DACA recipients “unlawful” where they have, “without regard to intent, attempted to purchase a firearm and [do] not meet one of the exceptions provided in 18 U.S.C. 922(y)(2).” Those exceptions include a person who is:

The memo states that in most cases, a Notice of Intent to Terminate (NOIT) DACA should be issued when a DACA recipient attempts to purchase a firearm and that issuance of the NOIT must comply with the law and regulations requiring notice and an opportunity to respond before the DACA grant is terminated. If the DACA recipient has had an opportunity to respond and has failed to provide “sufficient and persuasive evidence to overcome the grounds for termination outlined in the NOIT, USCIS may issue a Notice of Termination.” The only exception to the NOIT requirement is that “USCIS may terminate a grant of DACA without a NOIT and an opportunity to respond if the DACA recipient is convicted” of certain national security-related offenses or egregious public safety offenses.

National Green Card Initiative for DACA Recipients Launched

Hillary Walsh, an immigration attorney, has launched a national green card initiative targeting high-skilled DACA recipients and their employers. Specifically, the program educates employers about their options, and encourages eligible DACA recipients to explore whether they may qualify for employer sponsorship or national interest waivers (NIWs) if they are in certain fields (e.g., registered nurses, physicians, physical therapists, those in science or technology fields like robotics engineering, innovative entrepreneurs). In some cases, they may be able to self-petition for an NIW, or their employers may wish to file a permanent labor certification application.

“I graduated law school the same year DACA became a program, and for over a decade I have watched these professionals build careers while remaining locked out of permanent residency,” Ms. Walsh said. “It’s time to highlight employment-based and self-petition paths that match the contributions they are already making.”

Back to Top

13. EOIR Announces New Director: Daren K. Margolin

On October 7, 2025, the Department of Justice’s Executive Office for Immigration Review announced the appointment of a new director, Daren K. Margolin.

Mr. Margolin earned his Juris Doctor degree in 1990 from New York Law School, and a Master of Political Science/National Security Studies degree in 2010 from the Israeli National Defense College and Haifa University. His experience includes serving as an Assistant Chief Immigration Judge at multiple immigration courts in California; Assistant Chief Counsel, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, Department of Homeland Security, in Adelanto, California; a military judge, prosecutor, appellate prosecutor, and defense counsel for the U.S. Marines; and staff judge advocate (general counsel) for various Marine commands.

Mr. Margolin is a member of the State Bars of California, Hawaii, New Jersey, and New York.

Back to Top

New Publications and Items of Interest

Policy brief: Threats to due process in immigration courts. The American Immigration Lawyers Association (AILA) has published Policy Brief: Critical Threats Endanger Due Process in Immigration Courts. AILA noted that “[r]ecent policy changes made to the immigration courts prioritize speed and enforcement over fairness, efficiency, and accuracy. These decisions raise critical due process concerns and produce fewer safeguards to error. This brief overviews these policy changes and recommendations for improvement.”

Policy brief on mass worksite enforcement. The American Immigration Lawyers Association has published a new policy brief, Mass Worksite Enforcement Harms U.S. Economy and Communities.

Know your rights. A number of organizations, including the American Civil Liberties Union (ACLU) (English and Spanish), the Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., the National Immigrant Justice Center, the American Immigration Lawyers Association, and the Asian Law Caucus, have published resources highlighting immigrants’ and nonimmigrants’ rights in the United States and at ports of entry, including “know your rights” information and what documents they may want to carry when traveling inside the United States. ACLU of Northern California also released Know Your Rights: U.S. Airports and Ports of Entry.

E-Verify webinars: E-Verify has added a webinar with a focus on acceptable documents for Form I-9 verification, and has updated its calendar of webinars.

SAVE webinars: Systematic Alien Verification for Entitlements (SAVE) has updated its calendar of webinars.

Immigration agency X (formerly Twitter) accounts:

• EOIR: @DOJ_EOIR
• ICE: @ICEgov
• Study in the States: @StudyinStates
• USCIS: @USCIS

Alliance of Business Immigration Lawyers: ABIL is available on X (formerly Twitter): @ABILImmigration

Back to Top

ABIL Member / Firm News

Janice Flynn was quoted by the Washington Post in Not So Proud To Be American—’Fed Up’ Expats Renounce Their Citizenship. She said, “I want [noncitizen clients] to know they can’t expect the same smooth entry they’ve been used to. It’s always been a concern, but now when they hear how [other noncitizen travelers] are being treated, the question is, ‘What if I have something on social media?’ ” Emphasizing how permanent renunciation is, Ms. Flynn said, “Sometimes I want to tell people, don’t give up. It can change again.”

Charles Foster, chairman of Foster LLP, has authored an op-ed published by the Houston Chronicle, Trump’s Immigration Policy Wages War on Houston’s Economic Success.

Klasko Immigration Law Partners, LLP, has published several client alerts: Limited to the Face Value of the EAD: Automatic Renewals Ended, USCIS Clarifies the $100,000 H-1B Fee Proclamation, Trump Pushes Birthright Citizenship Case to SCOTUS, and Litigation Challenges $100K H-1B Fee Proclamation.

Charles Kuck was quoted by Raw Story in ‘Freaky Friday’: How ‘Insane’ Trump Plan to ‘Bribe’ Kids Mobilized Fight. The article quotes Mr. Kuck’s post on X: “There is a darkness and evil that is taking over ICE, led by the dark lord [Stephen Miller, President Trump’s deputy chief of staff]. “ICE is launching a nationwide operation … reportedly named ‘Freaky Friday’ that will target unaccompanied children aged 14 and older of all nationalities.”

Cyrus Mehta and Kaitlyn Box have co-authored a new blog post: USCIS’s October 20 Clarification Will Not Make the $100,000 Fee Disappear.

Mr. Mehta and Manjeeta Chowdhary have co-authored a new blog post: AC 21 Trap for H-1B Workers Caught in the Green Card Backlogs and Who Have Changed Jobs.

Mr. Mehta was quoted extensively by Law360 in Kirk-Related Visa Revocations May Rub Against Court Rulings. He said that while some court cases could support challenges to visa revocations for individuals within the United States, those outside the country have more limited options, with few exceptions: “I don’t think there’s much recourse. With regards to visa revocations, you can’t get into court because of the doctrine of consular nonreviewability,” which deprives federal courts of jurisdiction to review visa decisions.

Mr. Mehta has authored a new blog post: Board of Immigration Appeals Allows Immigration Judges to Disregard Party Stipulations.

Angelo Paparelli, of Seyfarth Shaw LLP, was quoted by Law360 in Kirk-Related Visa Revocations May Rub Against Court Rulings. He recommended that those granted admission on a visa, or applying for one abroad, be circumspect in their online postings and their activities. Regarding potential legal challenges, Mr. Paparelli said that the Charlie Kirk visa revocations present “fertile ground” for litigation, noting an obvious tension between the Department of State’s actions, the Supreme Court ruling, and recent court decisions. “It is chilling, because the Supreme Court has allowed the government to restrict expressions that would ordinarily be seen as First Amendment expressions by noncitizens. And so it’s just a question of, how far will this go?”

Stephen Yale-Loehr, of Miller Mayer, LLP, was quoted by the New York Times in Nigerian Nobel Laureate Says the U.S. Revoked His Visa. He noted that although Nigerian author Wole Soyinka’s criticism of President Trump could have made him a target for visa revocation, not showing up to an interview also could have provided the State Department with a procedural reason to revoke his visa.

Mr. Yale-Loehr was quoted by the Arizona Republic in Will U.S. Start Processing New DACA Applications? How a Texas Lawsuit Complicates Question. He said, “It is possible that once the case is resolved, USCIS will begin to decide new [Deferred Action for Childhood Arrivals (DACA)] requests again.” A Department of Justice proposal, however, could make an already complicated case “even more complicated,” he noted. DACA recipients in Texas or who move there could lose their work authorization, Mr. Yale-Loehr pointed out. “This would harm the nearly 90,000 DACA recipients who live in Texas, and could prompt an exodus of those DACA workers from the state.” If the judge approves Texas’ proposal, Arizona, where 20,230 DACA recipients live, will not be directly affected, but “some DACA recipients in Texas may want to move to Arizona so that they can continue to legally work,” he said.

Mr. Yale-Loehr was quoted by the Times of India in H-1B Fears Cool, Companies Hiring From U.S. Campuses to Gain. Commenting on the Trump administration’s decision to exempt those who are already in the United States, including foreign students, from a new $100,000 H-1B application fee, Mr. Yale-Loehr said this means that only a few people will be affected by the fee.

Back to Top

Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS case processing times online: https://egov.uscis.gov/processing-times/

Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Back to Top

In this issue:

1. Hundreds Arrested at Georgia Hyundai Plant in Massive Operation – U.S. Immigration and Customs Enforcement arrested approximately 475 people during a raid on a Hyundai manufacturing plant outside of Savannah, Georgia. About 300 of those arrested were from South Korea.

2. USCIS Plans to Recruit and Train ‘Special Agents’ to Exercise Additional Law Enforcement Authorities – The special agents’ activities will include “making arrests, carrying firearms, executing search and arrest warrants, and other powers standard for federal law enforcement.”

3. All EB-2 Immigrant Visas for FY 2025 Have Been Issued; New Visa Numbers for FY 2026 Will Become Available on October 1 – U.S. embassies and consulates cannot issue additional EB-2 visas until the start of fiscal year 2026 on October 1, 2025. On that date, new visa numbers will become available, and processing will resume for qualified applicants.

4. DHS Terminates 2021 TPS Designation for Venezuela; Judge Restores TPS for Venezuelans and Haitians – The Department of Homeland Security announced that the 2021 designation of Venezuela for Temporary Protected Status will end on November 7, 2025. A U.S. district judge ruled that ending TPS for about 600,000 Venezuelans and 500,000 Haitians was unlawful and restored their TPS.

5. U.S. Suspends Nonimmigrant Visas for Most Palestinians – The Trump administration has suspended nonimmigrant visas for most Palestinian passport holders, in addition to an earlier suspension of visas for Gazans. The suspension includes visas for university studies, medical treatment, business, and other types of temporary visits, including some Palestinian officials who were planning to attend the United Nations General Assembly meeting.

6. DHS Proposes Rule to End Duration-of-Status Admissions Policy for Students, Exchange Visitors, and Foreign Media Representatives – The Department of Homeland Security announced a proposed rule to end the “duration of status” (D/S) admissions policy for F-1 (student), J-1 (exchange visitor), and I-1 (foreign media) nonimmigrants. The proposed rule would transition current F-1s and J-1s on D/S to a maximum four-year admission as of the effective date of the final rule.

7. DOS to Require Immigrant Visa Applicants to Interview in Designated Home Country Consular Districts – The Department of State will require immigrant visa applicants to interview in the consular district designated for their place of residence, or in their country of nationality if requested, with limited exceptions.

8. USCIS Implements Payment by Electronic Debit; Paper Checks and Money Orders Will No Longer Be Accepted – U.S. Citizenship and Immigration Services has implemented a new way to pay fees using electronic debits from U.S. bank accounts and will stop accepting paper checks and money orders after October 28, 2025.

9. DOJ Expands Qualifications to Recruit More Temporary Immigration Judges – The Department of Justice is amending the Temporary Immigration Judge (TIJ) provisions “to permit the Director, with the approval of the Attorney General, to designate or select any attorney to serve as a TIJ for a renewable term not to exceed six months.”

10. OFLC Archives Searchable FAQ Database – The Department of Labor’s Office of Foreign Labor Certification’s archived searchable FAQ database will no longer be updated and should not be relied on for the most recent OFLC guidance.

11. Send Business Visa Inquiries Through Navigator, Not Via Email, DOS Says – The Visa Navigator, which leads the user through a series of prompts, can be found on the relevant U.S. embassy or consulate’s website.

12. USCIS Updates Guidance to Consider ‘Anti-Americanism’ in Adjudicating Immigrant Benefits and ‘Good Moral Character’ for Naturalization Applicants – U.S. Citizenship and Immigration Services announced updates to its guidance related to considering “anti-Americanism” in adjudications of immigrant benefits and expanding what constitutes “good moral character” for naturalization applicants.

13. Trump Administration Says It is Reviewing All U.S. Visa Holders for Possible Violations – The Trump administration is reviewing the visas of more than 55 million people for any violations that would qualify them for deportation.

14. Trump Administration Pauses Work Visas for Commercial Truck Drivers – A State Department spokesperson said the pause was done “to conduct a comprehensive and thorough review of screening and vetting protocols used to determine their qualifications for a U.S. visa.”

15. Appeals Court Allows End to Temporary Protections for 61,000 Central Americans and Nepalese – The U.S. Court of Appeals for the Ninth Circuit granted an emergency stay pending appeal that allows the Trump administration to move forward with plans to end Temporary Protected Status for an estimated 61,000 people from Honduras, Nicaragua, and Nepal.

16. Egypt is Close to Seven Percent Cap for DV-2025 Program – Egypt is close to reaching the per-country limit of seven percent of the 52,056 visa numbers available in the Diversity Visa program for fiscal year 2025.

17. Most FY 2025 Employment-Based Limits Could Be Reached in August or September, Visa Bulletin Says – The Department of State’s (DOS) Visa Bulletin for September notes a “steady increase” in both U.S. Citizenship and Immigration Services and DOS demand patterns for employment-based visas.

18. Economic Policy Institute Says Trump Deportation Agenda Will Lead to Millions of Lost Jobs for Both Immigrants and U.S. Citizens – Echoing news reports, the Economic Policy Institute says that the Trump administration’s emphasis on increasing deportations will result in lost jobs, especially in construction and child care, and will “curtail business operations and reduce employer demand for immigrant and U.S.-born labor.”

19. OFLC Releases Statistics on Prevailing Wage Determinations/Labor Certifications and an Updated H-2B Foreign Labor Recruiter List – The Department of Labor’s Office of Foreign Labor Certification released statistics on employer activities regarding prevailing wage determinations and labor certifications, and the H-2B foreign labor recruiter list.

20. DOS Releases Visa Office Report for 2024 – The Department of State noted that the Visa Office changed its methodology for calculating visa data beginning with the FY 2019 annual visa office report.

21. DV-2025 Entrants From UK and Dependent Areas Need to Re-Check Their Selection, DOS Says – The Department of State has determined that for a “small number” of 2025 Diversity Visa Program entrants from Great Britain (United Kingdom) and its dependent areas, “the selection status results may have been previously incorrectly reported.”

22. DOS Proposes Rule to Increase Vetting and Combat Fraud in DV Program – The Department of State published a notice of proposed rulemaking to “improve the integrity and combat fraud” in the Diversity Visa (DV) Program.

23. DOS Launches Visa Bond Pilot Program, Imposes Visa Bonds on Nationals of Malawi and Zambia – The Department of State (DOS) published a temporary final rule on August 5, 2025, announcing the start of a 12-month visa bond pilot program. As part of that pilot, DOS announced visa bonds on nationals of Malawi and Zambia coming to the United States on B-1/B-2 visas.

24. Routine Visa Services Paused at U.S. Embassy in Zimbabwe as Part of Worldwide Review of Visa ‘Screening and Vetting Procedures’ – The U.S. Embassy in Zimbabwe has temporarily paused all routine visa services, including “applications for immigrant visas as well as nonimmigrant visas for tourists, business travelers, students, exchange visitors, and most other nonimmigrant categories.” DOS said that the pause at U.S. Embassy Harare is part of its “reviewing and evaluating existing screening and vetting procedures worldwide.”

25. USCIS Issues Policy Guidance to Prevent Trans Women From Competing in Women’s Sports in the United States – U.S. Citizenship and Immigration Services issued a policy alert, effective immediately, to prevent trans women from entering the United States to participate in women’s sports.

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Government Agency Links – Government Agency Links

Download:

ABIL Immigration Insider – September 7, 2025

1. Hundreds Arrested at Georgia Hyundai Plant in Massive Operation

According to reports, U.S. Immigration and Customs Enforcement (ICE) arrested approximately 475 people during a raid on a Hyundai manufacturing plant outside of Savannah, Georgia, that produces electric cars and is in a joint venture with South Korea’s LG Energy Solutions to make car batteries. The workers at the battery plant under construction were arrested “as part of an ongoing criminal investigation into allegations of unlawful employment practices and other serious federal crimes,” the Department of Homeland Security said in a statement. The search warrant showed that four Latino workers at the facility were initially sought.

An ICE spokesperson said the raid was “the largest single-site enforcement operation in the history of Homeland Security Investigations.” About 300 of those arrested were from South Korea, whose government expressed “concerns and regret” to the United States and urged “special attention to ensure that the legitimate rights and interests of our citizens are not violated.” A South Korean foreign ministry spokesperson said that the “economic activities of Korean investment companies and the rights and interests of Korean citizens must not be unfairly infringed upon during U.S. law enforcement operations.” Yvonne Brooks, president of the Georgia American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), said, “Georgia’s labor movement is outraged by ICE’s escalating presence at workplaces across the state.”

Many of the workers were apparently employed by contractors. Hyundai said in a statement that “it is our understanding that none of those detained are directly employed by Hyundai.” A Hyundai spokesperson said, “We are cooperating with law enforcement and are committed to abiding by all labor and immigration regulations.”

The detainees were being held at an ICE facility in Folkston, Georgia, pending a decision on where they should be taken. In late-breaking news, South Korean Presidential Chief of Staff Kang Hoon-sik announced a plan to return the South Korean detainees to South Korea on a chartered flight after “administrative procedures” were completed. On the “State of the Union” show on September 7, 2025, President Trump’s border czar, Tom Homan, said that “we’re going to do more worksite enforcement operations.”

Back to Top

2. USCIS Plans to Recruit and Train ‘Special Agents’ to Exercise Additional Law Enforcement Authorities

On September 4, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it plans to recruit and train special agents who will exercise additional law enforcement authorities. Specifically, “newly minted USCIS 1811 classified officers (commonly known as special agents) will be empowered to investigate, arrest, and present for prosecution those who violate America’s immigration laws under a final rule.”

The special agents’ activities will include “making arrests, carrying firearms, executing search and arrest warrants, and other powers standard for federal law enforcement.” USCIS said it “will have greater capacity to support [Department of Homeland Security] efforts by handling investigations from start to finish, instead of referring certain cases to Homeland Security Investigation[s] [HSI] within U.S. Immigration and Customs Enforcement [ICE]. This will allow ICE HSI and [Enforcement and Removal Operations] to focus on disrupting transnational crime and capturing and deporting illegal aliens. USCIS will be able to more efficiently clear its backlogs of aliens who seek to exploit our immigration system through fraud, prosecute them, and remove them from the country.”

Back to Top

3. All EB-2 Immigrant Visas for FY 2025 Have Been Issued; New Visa Numbers for FY 2026 Will Become Available on October 1

On September 2, 2025, the Department of State announced that all immigrant visas in the employment-based second preference (EB-2) green card category for fiscal year (FY) 2025 have been issued. As a result, U.S. embassies and consulates cannot issue additional EB-2 visas until the start of FY 2026 on October 1, 2025. On that date, new visa numbers will become available, and processing will resume for qualified applicants.

Applicants in the United States pursuing adjustment of status may continue to file and advance their cases if eligible, but final approvals will be held until new visa numbers become available.

Back to Top

4. DHS Terminates 2021 TPS Designation for Venezuela; Judge Restores TPS for Venezuelans and Haitians

On September 5, 2025, the Department of Homeland Security (DHS) announced the termination of the 2021 designation of Venezuela for Temporary Protected Status (TPS), effective 11:59 p.m. on November 7, 2025.

DHS said that Venezuelans leaving the United States can use the CBP Home mobile application to “report their departure from the United States and take advantage of a safe, secure way to self-deport that includes a complimentary plane ticket, a $1,000 exit bonus, and potential future opportunities for legal immigration.”

Meanwhile, on September 5, 2025, a U.S. district judge ruled that ending TPS for about 600,000 Venezuelans and 500,000 Haitians was unlawful. He said, “For 35 years, the TPS statute has been faithfully executed by presidential administrations from both parties, affording relief based on the best available information…, a process that involves careful study and analysis. Until now.” Writing that conditions in the two countries were “so dangerous that even the State Department advises against travel,” the judge restored TPS extensions that run until February 2026 for Haitians and October 2026 for Venezuelans. A DHS spokesperson said the agency was assessing its legal options.

Back to Top

5. U.S. Suspends Nonimmigrant Visas for Most Palestinians

According to reports, the Trump administration has suspended nonimmigrant visas for most Palestinian passport holders, in addition to an earlier suspension of visas for Gazans. The suspension includes visas for university studies, medical treatment, business, and other types of temporary visits.

As part of the ban, the Department of State said it would not issue visas for Palestinian officials who are members of the Palestine Liberation Organization or the Palestinian Authority and not based in the United Nations Palestinian mission who were planning to attend the United Nations General Assembly meeting that opens on September 9, 2025, in New York City.

The DOS statement says that the “[Palestinian Authority] Mission to the UN will receive waivers per the UN Headquarters Agreement.”

Back to Top

6. DHS Proposes Rule to End Duration-of-Status Admissions Policy for Students, Exchange Visitors, and Foreign Media Representatives

On August 27, 2025, the Department of Homeland Security announced a proposed rule to end the “duration of status” (D/S) admissions policy for F-1 (student), J-1 (exchange visitor), and I-1 (foreign media) nonimmigrants. The proposed rule would transition current F-1s and J-1s on D/S to a maximum four-year admission as of the effective date of the final rule. Unlike most nonimmigrants, who are admitted for a set period, F, J, and most I nonimmigrants are currently admitted for D/S as long as they comply with the terms of their status.

Details of the proposed changes include:

• Fixed dates of admission for F-1 and J-1 nonimmigrants: F-1s and J-1s would no longer be admitted for D/S. Instead, they would be admitted for a fixed date range, not to exceed four years or their program length.
• Transition rules for F-1 and J-1 nonimmigrants in the United States: F-1s and J-1s currently in valid status within the United States would have valid status up through the program end date on their I-20 or DS-2019, on the date the final rule would be effective, not to exceed four years from the final rule’s effective date.
  • For those who leave the United States during the pendency of a timely filed extension of status, upon seeking admission, their specific circumstances will determine whether they are limited to the maximum four years or a period previously authorized.
• Fixed dates of admission for I-1 foreign media representatives: I-1s would be admitted for a maximum of 240 days, or 90 days for Chinese nationals (not including Hong Kong/Macau).
• Extension of status required: These nonimmigrants would need to timely file an extension of status to extend their stay.
  • F-1s who timely file an extension of status would be considered as remaining in status until U.S. Citizenship and Immigration Services (USCIS) adjudicates the extension. While a timely filed extension is pending, Optional Practical Training, Curricular Practical Training, or hardship-based work authorization would be extended for a maximum of 240 days.
  • J-1s who timely file an extension of status would be considered as remaining in status for either a maximum of 240 days or until USCIS adjudicates the extension, depending on the circumstances.
• Grace period reduction for F-1: The “grace period” for F-1s to leave the United States would be reduced from 60 days to 30 days.
• F-1 program restrictions: F-1 students would face restrictions in changing programs, and graduate students would be prohibited from doing so.

Comments on the proposed rule are due by October 27, 2025.

Back to Top

7. DOS to Require Immigrant Visa Applicants to Interview in Designated Home Country Consular Districts

Effective November 1, 2025, the Department of State (DOS) will require immigrant visa applicants to interview in the consular district designated for their place of residence, or in their country of nationality if requested, with limited exceptions. The National Visa Center will begin scheduling appointments accordingly. This includes Diversity Visa 2026 applicants.

DOS also said that residents of countries where routine visa operations are suspended or paused should apply at designated immigrant visa processing posts, unless the applicant is a national of another country with ongoing operations.

Back to Top

8. USCIS Implements Payment by Electronic Debit; Paper Checks and Money Orders Will No Longer Be Accepted

On August 29, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it has implemented a new way to pay fees using electronic debits from U.S. bank accounts and will stop accepting paper checks and money orders after October 28, 2025.

Effective immediately, individuals can make payments directly to USCIS by completing and signing Form G-1650, Authorization for ACH Transactions, and filing it with their applications, petitions, or requests. This new payment option is in addition to the existing option of paying by credit card using Form G-1450, Authorization for Credit Card Transactions

USCIS said the new payment method aligns with Executive Order 14247, Modernizing Payments to and from America’s Bank Account, and is “aimed at reducing the time and manpower required to process checks and money orders, as well as reducing the risks of fraud, lost payments, and theft.”

USCIS said it will continue to accept paper check and money order payments in addition to credit and debit payments until October 28, 2025. After October 28, USCIS will accept only ACH debit transactions using Form G-1650 or credit card payments using Form G-1450. USCIS said that those who do not have a U.S. bank account cannot use Form G-1650 but may submit Form G-1450 and use a prepaid credit card to pay filing fees.

Back to Top

9. DOJ Expands Qualifications to Recruit More Temporary Immigration Judges

To “help further address its caseload and expand the pool of potential candidates” to be Temporary Immigration Judges (TIJs), the Department of Justice (DOJ) is “amending the applicable TIJ regulation to remove regulatory constraints that go beyond the regulatory constraints on permanent IJ hiring.”

Specifically, DOJ is amending the TIJ provisions “to permit the Director, with the approval of the Attorney General, to designate or select any attorney to serve as a TIJ for a renewable term not to exceed six months, subject to all statutory and regulatory limits on temporary service.” Similarly, DOJ said it “no longer believes the restriction of TIJs to current [DOJ] employees with a threshold level of immigration law experience serves [the Executive Office for Immigration Review’s (EOIR)] interests. Immigration law experience is not always a strong predictor of success as an IJ, and EOIR has hired individuals from other Federal agencies and Department components without prior immigration experience who have become successful and exemplary IJs,” DOJ explained. Further, the agency said, “there is no clear reason to prohibit individuals at other Federal agencies with stellar credentials—e.g., Supreme Court clerkships or significant experience in high-salience, complex litigation” who are “otherwise well-qualified” from serving as TIJs “solely because they lack a certain level of immigration experience or are not currently serving in the Department, neither of which is even a prerequisite to serve as a permanent IJ.”

In selecting TIJs, DOJ said it “will continue to look for the most qualified individuals overall with primary weight given to an applicant’s education and employment history. Further factors may carry additional weight, such as prior judicial or quasi-judicial service of any kind, service in State or Federal government, including trial or litigation experience, and immigration law experience.” The Director and Attorney General will “retain discretion to consider any other factors deemed relevant and to make selections.”

According to reports, the Trump administration is considering reassigning some military judges to become TIJs.

Back to Top

10. OFLC Archives Searchable FAQ Database

Effective August 30, 2025, the Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) has archived the searchable Frequently Asked Questions (FAQ) database. It will only be available at its new location.

OFLC said the database is “being stored at a website [Wayback] that is not controlled by DOL. Stakeholders are advised to update their bookmarks and hyperlinks if they wish to continue to access the archived FAQs.” OFLC noted that “the archive may take time to load, but once it does, it is fully functional.” OFLC noted that “the archived searchable FAQ database will no longer be updated once it is archived and should not be relied upon to provide the most recent OFLC guidance. It is advisable to only rely on the searchable FAQ database for historical guidance.”

For more information, see the OFLC’s news page (scroll to August 27) and OFLC’s FAQ page.

Back to Top

11. Send Business Visa Inquiries Through Navigator, Not Via Email, DOS Says

According to reports, business visa inquiries to the Department of State (DOS) must now be sent through the Visa Navigator platform rather than via email.

The Visa Navigator, which leads the user through a series of prompts, can be found on the relevant U.S. embassy or consulate’s website. For example, the Visa Navigator for the U.S. Embassy and Consulate in Nigeria is here. The Navigator notes that it “is not an online application. Completing the navigator does not entitle you to a U.S. passport or any other citizenship or immigration benefit. The U.S. consulate may require you to provide additional information or supporting documents before acting on your request.”

Back to Top

12. USCIS Updates Guidance to Consider ‘Anti-Americanism’ in Adjudicating Immigrant Benefits and ‘Good Moral Character’ for Naturalization Applicants

U.S. Citizenship and Immigration Services (USCIS) announced several updates to its guidance related to considering “anti-Americanism” in adjudications of immigrant benefits and expanding what constitutes “good moral character” for naturalization applicants. Below are highlights:

“Anti-Americanism.” On August 19, 2025, USCIS announced that it has updated its guidance, effective immediately, to USCIS officers to consider “anti-Americanism” in immigrant benefit requests where an exercise of discretion is required, including factors related to past requests for parole and “any involvement in anti-American or terrorist organizations,” as well as “where evidence of antisemitic activity is present.” The guidance does not define “anti-Americanism” and appears to leave discretion to USCIS officers. USCIS spokesman Matthew Tragesser said, “America’s benefits should not be given to those who despise the country and promote anti-American ideologies.”

The guidance highlights several areas of focus, including the adjudication of employment-based immigrant petitions in cases involving national interest waivers and adjudications of extensions of stay, changes of status, and reinstatement. The updated guidance also discusses “how an exercise of discretion is applied when adjudicating an EB-5 investor petition or application in cases involving threats to the national interest, fraud, deceit, misrepresentation, and criminal misuse.”

Advocates expressed concerns about the guidance having a chilling effect on free speech and ideological questions being triggered by social media posts or peaceful protesting. “A lot of this administration’s activities infringe on constitutional rights and do need to be resolved, ultimately, in courts,” said Ruby Robinson, a senior managing attorney at the Michigan Immigrant Rights Center. Immigration lawyers are advising companies sponsoring foreign employees to counsel them on social media behavior. The Associated Press concluded that the policy “represents a major shift in U.S. immigration vetting, one that goes beyond criminal history or security risks and into the realm of personal beliefs. For skilled foreign workers, especially those navigating long immigration timelines, this could mean greater uncertainty and the need for extra vigilance in how they present themselves—online and offline.”

Good moral character. USCIS released a memorandum, Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation Standard for Aliens Applying for Naturalization, on August 15, 2025. The memo states that for naturalization applicants, USCIS will consider not only the “absence of wrongdoing” but also will engage in a “holistic assessment” of an applicant’s “behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character.”

The memo defines good moral character as “a character commensurate with the standards of average citizens of the community” in which the applicant resides. USCIS officers are directed to review the totality of the circumstances in each case and “must account for” an applicant’s “positive attributes and not simply the absence of misconduct,” the memo states, noting that positive factors include but are not limited to:

• Sustained community involvement and contributions in the United States.
• Family caregiving, responsibility, and ties in the United States.
• Educational attainment.
• Stable and lawful employment history and achievements.
• Length of lawful residence in the United States.
• Compliance with tax obligations and financial responsibility in the United States.

The memo directs USCIS officers to apply greater scrutiny to potentially disqualifying behavior or action and discusses proper rehabilitation and reformation.

Back to Top

13. Trump Administration Says It is Reviewing All U.S. Visa Holders for Possible Violations

According to reports, the Trump administration is reviewing the visas of more than 55 million people for any violations that would qualify them for deportation. The Department of State said that all U.S. visa holders will be subject to “continuous vetting” for indications of ineligibility to enter or stay in the United States. This may include people currently outside of the United States who have multiple-entry tourist visas.

The heightened scrutiny will include reviews of social media accounts and law enforcement and immigration records in visa holders’ home countries.

Back to Top

14. Trump Administration Pauses Work Visas for Commercial Truck Drivers

According to reports, the Trump administration is pausing issuance of work visas to foreign commercial truck drivers. “The increasing number of foreign drivers operating large tractor-trailer trucks on U.S. roads is endangering American lives and undercutting the livelihoods of American truckers,” said Secretary of State Marco Rubio. A State Department spokesperson said the pause was done “to conduct a comprehensive and thorough review of screening and vetting protocols used to determine their qualifications for a U.S. visa.” The spokesperson noted that the new policy “applies to all nationalities and is not directed at any specific country.”

The Trump administration is also enforcing a requirement for truckers to be proficient in spoken and written English.

Back to Top

15. Appeals Court Allows End to Temporary Protections for 61,000 Central Americans and Nepalese

The U.S. Court of Appeals for the Ninth Circuit granted an emergency stay pending appeal that allows the Trump administration to move forward with plans to end Temporary Protected Status (TPS) for an estimated 61,000 people from Honduras, Nicaragua, and Nepal.

The TPS designation for 7,000 Nepalese expired on August 5, 2025. The TPS designations for 51,000 Hondurans and 3,000 Nicaraguans will expire on September 8, 2025.

Back to Top

16. Egypt is Close to Seven Percent Cap for DV-2025 Program

The Department of State (DOS) announced on August 19, 2025, that Egypt is close to reaching the per-country limit of seven percent of the 52,056 visa numbers available in the Diversity Visa (DV) program for fiscal year 2025. “As we are approaching this cap, it may become necessary to take steps to avoid exceeding the country-specific numerical limits. This includes potentially canceling visa interview appointments for individuals for whom a visa is not available,” DOS said.

DOS noted that individuals affected by the early conclusion of the DV program for nationals of any country that reaches the seven percent limit “may reapply in subsequent program years for which their foreign state of chargeability qualifies for the DV program.”

Back to Top

17. Most FY 2025 Employment-Based Limits Could Be Reached in August or September, Visa Bulletin Says

The Department of State’s (DOS) Visa Bulletin for September notes a “steady increase” in both U.S. Citizenship and Immigration Services and DOS demand patterns for employment-based green cards. As a result, the bulletin says that the Visa Office expects to reach fiscal year (FY) 2025 category limits in most employment-based preference categories during August and September. “If at any time an annual limit were reached, it would be necessary to immediately make the preference category ‘unavailable,’ and no further requests for numbers would be honored,” DOS warns.

The bulletin also notes that the worldwide employment-based preference numerical limit for FY 2025 is 150,037.

Back to Top

18. Economic Policy Institute Says Trump Deportation Agenda Will Lead to Millions of Lost Jobs for Both Immigrants and U.S. Citizens

Echoing news reports about developments in the U.S. economy related to job losses, a new report by the Economic Policy Institute, Trump’s Deportation Agenda Will Destroy Millions of Jobs, says that the Trump administration’s emphasis on increasing deportations will result in lost jobs, especially in construction and child care, and will “curtail business operations and reduce employer demand for immigrant and U.S.-born labor.” California, Florida, New York, and Texas are expected to suffer the highest numbers of job losses.

The report states:

Back to Top

19. OFLC Releases Statistics on Prevailing Wage Determinations/Labor Certifications and an Updated H-2B Foreign Labor Recruiter List

On August 15, 2025, the Department of Labor’s Office of Foreign Labor Certification (OFLC) released statistics on employer activities regarding prevailing wage determinations and labor certifications, and the H-2B foreign labor recruiter list.

• The comprehensive set of public disclosure data (through the third quarter of FY 2025) was drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs. OFLC recently implemented the revised form ETA-9089. As a result, OFLC said, there will be “two distinct PERM disclosure data files. These files will each have their own record layout documents. The public disclosure files include all final determinations OFLC issued for these programs” in the October 1, 2024, through June 30, 2025, reporting period of FY 2025.
• OFLC has also released selected program statistics for the first half of FY 2025 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs, and the H-2B foreign labor recruiter list for the third quarter of FY 2025, along with a related FAQ.

Back to Top

20. DOS Releases Visa Office Report for 2024

The Department of State (DOS) has released its Report of the Visa Office for 2024.

DOS noted that the Visa Office changed its methodology for calculating visa data beginning with the FY 2019 annual visa office report “to reflect the greater access to application-level data attained during FY 2019.”

Also, the report notes that due to the COVID-19 pandemic, posts were instructed to suspend routine visa services and provide only mission-critical and emergency services in late March 2020. “This had a significant impact on the provision of Immigrant and Nonimmigrant Visa-related services. Posts were only able to resume limited services on a post-by-post basis beginning in July 2020, as local conditions allowed,” the report notes in Table I, Immigrant and Nonimmigrant Visas Issued at Foreign Service Posts, Fiscal Years 2020-2024.

Back to Top

21. DV-2025 Entrants From UK and Dependent Areas Need to Re-Check Their Selection, DOS Says

On August 8, 2025, the Department of State (DOS) announced that in reviewing the entry selection system for the DV-2025 Program, the agency has determined that for a “small number” of entrants from Great Britain (United Kingdom) and its dependent areas, “the selection status results may have been previously incorrectly reported.” DOS asks that DV-2025 entrants from those areas go to Entrant Status Check and use the unique confirmation number saved from their DV-2025 online entry registration to confirm whether their entry has been selected for the DV program.

DOS reminded selectees that eligibility to apply for a diversity visa extends through the end of the fiscal year (September 30), and that visas may become unavailable before that date if DOS issues all visa numbers authorized by Congress for that fiscal year. To be scheduled for an interview, selectees who wish to immigrate to the United States must first submit a complete DS-260 application. If scheduled, selectees should be prepared to provide all required documentation at the time of interview, including a medical exam, DOS said.

Back to Top

22. DOS Proposes Rule to Increase Vetting and Combat Fraud in DV Program

On August 5, 2025, the Department of State (DOS) published a notice of proposed rulemaking to “improve the integrity and combat fraud” in the Diversity Visa (DV) Program.

DOS proposes to require DV Program applicants “to provide valid, unexpired passport information and a scan of the biographic and signature page uploaded to their electronic entry form, or otherwise indicate that they are exempt from this requirement.” The proposed rule would make additional changes, such as replacing use of the term “gender” with “sex” and replacing “age” with “date of birth.”

Comments are due by September 19, 2025, and should be submitted in the manner and format specified in the notice.

Back to Top

23. DOS Launches Visa Bond Pilot Program, Imposes Visa Bonds on Nationals of Malawi and Zambia

The Department of State (DOS) published a temporary final rule on August 5, 2025, announcing the start of a 12-month visa bond pilot program. Individuals applying for visas as temporary visitors for business or pleasure (B-1/B-2) who are nationals of countries identified by DOS as having “high visa overstay rates, where screening and vetting information is deemed deficient, or offering Citizenship by Investment, if the alien obtained citizenship with no residency requirement,” may be subject to the pilot program, DOS said. Consular officers may require covered nonimmigrant visa applicants to post a bond of up to $15,000 as a condition of visa issuance, as determined by the consular officers.

Based on their B-1/B-2 visa overstay rate, DOS announced visa bonds on nationals of Malawi and Zambia coming to the United States on B-1/B-2 visas. Starting August 20, 2025, any citizen or national traveling on a passport issued by one of these countries who is found otherwise eligible for a B-1/B-2 visa must post a bond in amounts of $5,000, $10,000, or $15,000, determined at the time of the visa interview. The applicant must also submit a Department of Homeland Security Form I-352 agreeing to the terms of the bond, through the Department of the Treasury’s online payment platform Pay.gov. This requirement applies regardless of place of application.

DOS said that applicants should only submit a Form I-352 to post a bond after being directed to do so by a consular officer. Applicants will be provided a direct link and must pay via Pay.gov. “A bond does not guarantee visa issuance, and if any individual pays fees without being directed to do so by a consular officer, that money will not be returned,” DOS said.

All visa holders who have posted a visa bond must arrive to and depart from the United States via one of the ports of entry listed below, DOS said:

• Boston Logan International Airport (BOS)
• John F. Kennedy International Airport (JFK)
• Washington Dulles International Airport (IAD)

Back to Top

24. Routine Visa Services Paused at U.S. Embassy in Zimbabwe as Part of Worldwide Review of Visa ‘Screening and Vetting Procedures’

Effective August 7, 2025, the U.S. Embassy in Harare, Zimbabwe, has temporarily paused all routine visa services. The Department of State said that this pause “includes applications for immigrant visas as well as nonimmigrant visas for tourists, business travelers, students, exchange visitors, and most other nonimmigrant categories.” DOS said that the pause at U.S. Embassy Harare is part of its “reviewing and evaluating existing screening and vetting procedures worldwide.”

DOS said that affected visa applicants have been notified. The agency will update its website “when appointment scheduling resumes and inform applicants whose appointments were rescheduled”. DOS noted that applications for A-1, A-2, G-1, G-2, G-4, C-2, and C-3 diplomatic and official visas will continue to be processed.

Back to Top

25. USCIS Issues Policy Guidance to Prevent Trans Women From Competing in Women’s Sports in the United States

On August 4, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a policy alert, effective immediately, to prevent trans women from entering the United States to participate in women’s sports. The alert, which characterizes trans women as “male,” clarifies how Executive Order 14201, Keeping Men Out of Women’s Sports, affects eligibility for certain visa classifications. Specifically, USCIS said, the alert “revises guidance relating to the following visa categories: O-1A aliens of extraordinary ability, E11 aliens of extraordinary ability, E21 aliens of exceptional ability, and national interest waivers (NIWs).”

The alert clarifies how extraordinary ability and exceptional ability will be determined with respect to trans women athletes. For example, the alert states that “with respect to demonstrating extraordinary ability in athletics in both the nonimmigrant and immigrant classifications, USCIS considers the fact that a male athlete has been competing against women as a negative factor in determining whether the alien is among the small percentage at the very top of the field.” Also, USCIS “does not consider a male athlete who has gained the necessary acclaim in men’s sports and seeks to compete in women’s sports in the United States to be seeking to continue work in his area of extraordinary ability for both the relevant nonimmigrant and immigrant classifications.” The alert provides that for the extraordinary ability and exceptional ability classifications, “male athletes seeking to enter the United States to compete in women’s sports do not substantially benefit prospectively the United States.” The alert also clarifies that “it is not in the national interest to the United States to waive the job offer and, thus, the labor certification for male athletes whose proposed endeavor is to compete in women’s sports.”

Back to Top

New Publications and Items of Interest

Know your rights. A number of organizations, including the American Civil Liberties Union (ACLU) (English and Spanish), the Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., the National Immigrant Justice Center, the American Immigration Lawyers Association, and the Asian Law Caucus, have published resources highlighting immigrants’ and nonimmigrants’ rights in the United States and at ports of entry, including “know your rights” information and what documents they may want to carry when traveling inside the United States. ACLU of Northern California also released Know Your Rights: U.S. Airports and Ports of Entry.

E-Verify webinars: E-Verify has added a webinar with a focus on acceptable documents for Form I-9 verification, and has updated its calendar of webinars.

SAVE webinars: Systematic Alien Verification for Entitlements (SAVE) has updated its calendar of webinars.

Immigration agency X (formerly Twitter) accounts:

• EOIR: @DOJ_EOIR
• ICE: @ICEgov
• Study in the States: @StudyinStates
• USCIS: @USCIS

Alliance of Business Immigration Lawyers: ABIL is available on X (formerly Twitter): @ABILImmigration

Back to Top

ABIL Member / Firm News

Klasko Immigration Law Partners, LLP, has published a client alert, DHS Proposes Fixed Admission Periods for Students, Exchange Visitors, and Media Representatives.

Charles Kuck was quoted by the New York Times in South Koreans Are Swept Up in Immigration Raid at Hyundai Plant in Georgia. He said two of his clients who were in the United States under the Visa Waiver Program, enabling them to travel for tourism or business for stays of 90 days or less without obtaining a visa, were caught up in the raid. “My clients were doing exactly what they were allowed to do under the visa waiver—attend business meetings.” He noted that one of them “had just arrived on Tuesday and was leaving next week.” He said it appeared “that ICE was somewhat overzealous in arresting nonimmigrants who were clearly obeying the law.”

Kuck Baxter Immigration LLC has hired Lindsay Vick as a new litigation partner. For the last 14 years, Ms. Vick has been working at the Department of Justice’s Office of Immigration Litigation on the District Court team, leading the team for the last several years. She has done denaturalization work, among other things, but was the lead government counsel for Deferred Action for Childhood Arrivals cases.

Cyrus Mehta has authored an article, Navigating Conflicts of Interest in H-1B Worker Terminations, published by Law360.

Mr. Mehta and Kaitlyn Box have authored several new blog posts: Trump Resorts to Heightened Good Moral Character Standard and Anti-Americanism to Deny Citizenship and Immigration Benefits and CSPA Disharmony is More Beautiful Than Monotony Notwithstanding a Discrepancy Between USCIS and DOS Policy in Protecting the Age of the Child.

Mr. Mehta was quoted by the Times of India in Want a Visa, or a Green Card? It’s Vital to Have Pro-American Ideologies, States USCIS. Mr. Mehta said, “How does the USCIS define ‘anti-American’? Being critical of the Trump administration or for that matter any administration should not be deemed as anti-American. Indeed, it should be considered a virtuous activity to be critical of America or its administration as it is through criticism and dissent that we can reflect on all points of view, self-correct, grow and evolve.”

Stephen Yale-Loehr, of Miller Mayer, LLP, authored an op-ed published by The Hill, Ending Birthright Citizenship Would Create a Chaotic Nightmare.

Mr. Yale-Loehr was quoted by Newsweek in Florida Issues H-1B Visa Warning. He said, “Every government program has a few people who try to scam the system. But we shouldn’t throw out the baby with the bath water and abolish the H-1B visa program. In my experience practicing business immigration law for over 40 years, the vast majority of H-1B employers play by the rules. Because of the expense, time, and uncertainty of the H-1B process, most employers would prefer to hire U.S. workers if they could.”

Mr. Yale-Loehr was quoted by The Intercept in Accepted at Universities, Unable to Get Visas: Inside Trump’s War on International Students. He said, “This administration has declared war on international students in a variety of ways, ranging from arresting people who’ve spoken out on behalf of Palestinians to cracking down on universities by claiming that they bring in too many international students. Slowing down the visa process or issuing more visa denials are administrative ways of accomplishing that goal.”

Mr. Yale-Loehr was quoted by the Gothamist in Feds Raided an Edison, NJ Workplace. Advocates Warn It Could Signal an ICE Escalation. He said it remains to be seen whether recent workplace raids were directed from top officials in Washington, DC, or “ just individual [U.S. Immigration and Customs Enforcement (ICE)] offices who set different priorities in terms of who they go after and how many people to try to round up.” He noted comments from White House Deputy Chief of Staff Stephen Miller calling for the arrests of as many as 3,000 immigrants daily. That high target, Mr. Yale-Loehr said, would require federal agencies to expand their dragnet well beyond people with criminal records. “A raid on a manufacturing facility, or in this case a freight facility, can net you many more immigrants with the same amount of effort,” he noted.

Mr. Yale-Loehr was quoted by CBS News in U.S. to Probe ‘Anti-American’ Views of Those Applying for Immigration Benefits Under Trump Directive. He expressed concerns about how U.S. Citizenship and Immigration Services (USCIS) would implement its latest guidance, calling the language in it “very subjective. This memo gives USCIS adjudicators even more reasons than before to deny a petition on discretionary grounds.”

Mr. Yale-Loehr was quoted by Newsday in Fast-Tracking Deportations of Detained Immigrants Explained. He said, “Right now, ICE claims that anyone in expedited removal must be detained.” However, he noted that a judge can issue a final order of deportation, and then ICE can pick up the person pending the actual deportation.

Back to Top

Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS case processing times online: https://egov.uscis.gov/processing-times/

Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Back to Top

In this issue:

1. DOJ Announces Civil Division Enforcement Priorities, Including Denaturalization and Ending Sanctuary Jurisdictions – On June 11, 2025, the Civil Division of the Department of Justice issued a memorandum announcing its enforcement priorities under the Trump administration. Under the memo, among other things, a policy shift heightens the priority of civil denaturalization enforcement.

2. Federal Judge Blocks Early TPS Termination for Haiti – On July 1, 2025, a federal judge blocked the Trump administration’s recently announced early termination of Temporary Protected Status (TPS) for Haiti.

3. USCIS Clarifies, Narrows Visa Policy for TN Nonimmigrants – U.S. Citizenship and Immigration Services recently updated its Policy Manual for the TN nonimmigrant classification. Eligibility for TN status has been clarified or narrowed for several occupations, including economists, engineers, computer systems analysts, physicians, and scientific technicians/technologists.

4. ‘One Big Beautiful Bill Act’ Includes Immigration-Related Provisions, New Asylum Fees – Several immigration-related provisions are in the recently passed and signed “One Big Beautiful Bill Act.”

5. Trump Again Floats ‘Temporary Pass’ Idea for Farmworkers – On a recent news program, President Trump alluded to a “temporary pass” being planned for farmworkers.

6. Supreme Court Decision Limits Nationwide Injunctions, Leaves Birthright Citizenship Issue Unsettled – On June 27, 2025, in a case implicating President Trump’s Executive Order on birthright citizenship, the U.S. Supreme Court issued a decision limiting federal courts’ ability to issue nationwide injunctions blocking executive orders and broad national policies. The decision did not address the merits or constitutionality of President Trump’s Executive Order on birthright citizenship. The decision means that there will be continuing and evolving uncertainties, including legal challenges to the Executive Order in the federal courts.

7. Supreme Court Pauses Lower Court Ruling to Allow the Trump Administration to Deport People to Third Countries Without Recourse – The U.S. Supreme Court paused a lower court ruling to allow the Trump administration to deport people to third countries without the ability to argue that they would face torture. Specifically, a group of men being held at a military base in Djibouti will be sent to South Sudan while their case continues in court.

8. E-Verify, SAVE Announce New Status Change Reports for Employers of Those Whose Parole Is Terminated – The Department of Homeland Security announced that it is revoking Employment Authorization Documents (EAD) for certain people whose parole has been terminated. E-Verify and the Systematic Alien Verification for Entitlements program have launched new Status Change Reports for employers to identify if any of their E-Verify cases were created with an EAD that has been revoked.

9. Many International Doctors Are in Visa Limbo, Risking Shortages in the United States – Hundreds of doctors who were expected to begin medical residencies at U.S. hospitals shortly are stuck in “visa limbo” because of delays, an inability to make J-1 visa appointments, or additional vetting, despite the Department of State’s recent announcement that interviews could resume. Others have been unable to enter the United States due to the Trump administration’s travel (entry) ban on 19 countries.

10. Uncertainty in Middle East Disrupts U.S. Visa Processing and Consular Services – Visa processing across the Middle East is facing renewed disruption due to developments such as tensions between the U.S. and Iran. Recent military activity involving Iran, and the U.S. government’s evacuation of non-essential personnel from multiple embassies across the Middle East, are significantly affecting visa processing in the region.

11. OFLC Publishes New List of Professional Occupations Effective July 1, 2025 – The Department of Labor’s Office of Foreign Labor Certification has reviewed occupational and education data and published a new list of occupations on its website, as it does annually.

12. CNMI Wage Data Released – The Office of Foreign Labor Certification said it has approved the Commonwealth of the Northern Mariana Islands’ 2025 Prevailing Wage Study survey for 408 occupations and will issue updated CW-1 prevailing wages using the data from July 1, 2025, through June 30, 2026. The updated wage table includes prevailing wage data for a total of 848 occupations.

13. DOS Resumes Visa Processing for Foreign Students and Exchange Visitors, Announces Enhanced Social Media Vetting – The Department of State resumed visa processing for new and returning students and exchange visitors (F, M, and J nonimmigrants) but announced enhanced social media and online presence screening and vetting procedures. Consular posts may resume processing of expedited appointment requests and are directed to prioritize physicians applying for J visas and applicants studying at U.S. universities where international students constitute 15 percent or less of the total student body.

14. President Trump Backtracks on Pause in ICE Enforcement Against Hotel, Restaurant, and Farm Workers; Worksite Enforcement to ‘Massively Expand’ – President Trump has reversed the pause he called for a week ago on deportation-related raids by U.S. Immigration and Customs Enforcement on worksites in the agricultural, hospitality, and restaurant industries.

15. OFLC Reminds Employers of Three-Day Filing Window for H-2B Workers With October 2025 Start Date, Offers Filing Tips – The three-day filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting a work start date of October 1, 2025, will open on July 3, 2025, and close on July 5, 2025.

16. Trump Administration Considers Expanding Travel Ban to 36 Additional Countries – Following the Trump administration’s issuance of a travel (entry) ban on 19 countries, President Trump is considering expanding the ban to up to 36 additional, mostly African, countries.

17. State Dept. Cable Orders Resumption of Harvard Student and Exchange Visitor Visa Processing After Court Order – After a court order, Secretary of State Marco Rubio sent a cable to the field ordering the resumption of Harvard international student and exchange visitor visa processing.

18. USCIS Releases Statement on Termination of CHNV Parole Programs – U.S. Citizenship and Immigration Services released a statement on termination of parole programs for Cubans, Haitians, Nicaraguans, and Venezuelans.

19. USCIS Changes Validity Period for Any Form I-693 Signed On or After November 1, 2023 – U.S. Citizenship and Immigration Services clarified that a Form I-693, Report of Immigration Medical Examination and Vaccination Record, signed by a civil surgeon on or after November 1, 2023, is only valid while the application with which the Form I-693 was submitted is pending.

20. DHS Announces Fine Forgiveness for Those Who Self-Deport With CBP Home App – Undocumented persons who self-deport from the United States through the CBP Home App will receive forgiveness of any civil fines or penalties for failing to depart, the Department of Homeland Security said.

21. President Trump Authorizes Private Company to Construct and Operate a Border Crossing – President Trump released a memorandum permitting Green Corridors, LLC, to construct, maintain, and operate a commercial elevated guideway crossing on the U.S. border with Mexico in Laredo, Texas.

22. State Dept. Releases Visa Bulletin for July – The bulletin includes final action dates for employment-based preference cases, along with dates for filing of employment-based visa applications and updates on diversity visas (DV), including DV rank cut-offs that will apply in August.

23. Trump Issues Travel Ban on 12 Countries and Partial Ban on 7 Countries, With Exceptions – President Trump issued a proclamation, “Restricting the Entry of Foreign Nationals to Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats.” The proclamation includes a country-by-country list of restrictions and exceptions.

24. Federal Judge Temporarily Halts Trump Administration’s Block on Harvard International Student Visas – After an emergency request from Harvard University, a federal judge issued a temporary restraining order to stop the Trump administration from blocking visas for new international students coming to Harvard.

25. DHS Ramps Up ‘Crackdown’ on Visa Overstays – Following a Boulder, Colorado, attack perpetrated by an Egyptian national, the Department of Homeland Security said that U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services will be “ramping up the review of immigration records and will take immediate appropriate actions” to crack down on visa overstays.

26. DHS Terminates TPS for Nepal and Cameroon in August – Termination of Temporary Protected Status for Nepal and Cameroon will take place in August.

27. USCIS Seeks Comments on New Biographic and Employment Identifiers on Immigration Forms – The new collection is intended “to establish enhanced screening and vetting standards and procedures.”

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Government Agency Links – Government Agency Links

Download:

ABIL Immigration Insider – July 2025

1. DOJ Announces Civil Division Enforcement Priorities, Including Denaturalization and Ending Sanctuary Jurisdictions

On June 11, 2025, the Civil Division of the Department of Justice (DOJ) issued a memorandum announcing its enforcement priorities under the Trump administration. Under the memo, among other things, a policy shift heightens the priority of civil denaturalization enforcement. The memo lists a variety of non-exhaustive prioritized categories for denaturalization. The Civil Division, however, “retains the discretion to pursue cases outside of these categories as it determines appropriate.”

The Alliance of Business Immigration Lawyers advises foreign-born U.S. citizens with concerns about possible misrepresentations during the immigration or naturalization process or other issues to consider talking with an immigration attorney. Individuals concerned about denaturalization should also speak with an attorney before traveling abroad, as pending litigation or findings of fraud could impact re-entry or passport renewal.

Another priority under the memo is “ending sanctuary jurisdictions.” The memo states that “[c]onsistent with this directive, the Civil Division shall prioritize affirmative litigation to invalidate any State or local laws preempted by Federal law.”

Back to Top

2. Federal Judge Blocks Early TPS Termination for Haiti

On July 1, 2025, a federal judge blocked the Trump administration’s recently announced early termination of Temporary Protected Status (TPS) for Haiti.

On June 27, 2025, the Department of Homeland Security (DHS) announced the termination of TPS for nearly 500,000 Haitians living in the United States. DHS said TPS would end on August 3, 2025, and the termination would be effective September 2, 2025.

DHS Secretary Kristi Noem said she determined that “overall, country conditions have improved to the point where Haitians can return home in safety.” She further determined that “permitting Haitian nationals to remain temporarily in the United States is contrary to the national interest of the United States.” DHS encouraged Haitian nationals returning home to use the U.S. Customs and Border Protection CBP Home app to report their departure from the United States. DHS noted that “Haitian nationals may pursue lawful status through other immigration benefit requests, if eligible.”

The Biden administration previously extended Haitian TPS until at least February 3, 2026. In a 23-page decision, the judge said that “[w]hen the Government confers a benefit over a fixed period of time, a beneficiary can reasonably expect to receive that benefit at least until the end of that fixed period.” The judge said the early termination violated the TPS statute, noting that many affected Haitians are working in jobs, attending school, or receiving medical treatment with the expectation that they would be allowed to remain in the United States at least through the end of this year.

Back to Top

3. USCIS Clarifies, Narrows Visa Policy for TN Nonimmigrants

U.S. Citizenship and Immigration Services (USCIS) recently updated its Policy Manual, Part P (Nonimmigrants) under the United States-Mexico-Canada Agreement (USMCA) for the TN nonimmigrant classification. The new guidance, effective immediately, supersedes earlier guidance.

Among other things, the TN employer must be a U.S. entity. Eligibility for TN status has been clarified or narrowed for several occupations, including economists, engineers, computer systems analysts, physicians, and scientific technicians/technologists. The relevance of the degree held and alignment of job duties are prioritized.

Back to Top

4. ‘One Big Beautiful Bill Act’ Includes Immigration-Related Provisions, New Asylum Fees

Several immigration-related provisions are in the recently passed and signed “One Big Beautiful Bill Act,” including:

• Imposing, for the first time, a $1,000 asylum application fee and $550 for related work authorization, along with a minimum $100 annual fee for a pending asylum application, and fees for those paroled into the United States;
• Imposing a requirement for renewal of work authorization every six months and a fee of at least $550 for renewal each time for asylum applicants and parolees, including those admitted under Temporary Protected Status;
• Excluding certain immigrants, including refugees/asylees and human trafficking and domestic violence victims, from Medicaid, Medicare, the Children’s Health Insurance Program, and the Supplemental Nutrition Assistance Program;
• Adding a 3.5 percent tax on immigrants’ remittances for those without Social Security numbers (SSNs). Those with SSNs can receive tax credits to offset the remittance tax; and
• Earmarking additional funds for construction and improvement of immigrant detention facilities and checkpoints, and related border technology and hiring.

Back to Top

5. Trump Again Floats ‘Temporary Pass’ Idea for Farmworkers

On a recent news program, President Trump alluded to a “temporary pass” being planned for farmworkers. “We’re working on it right now. We’re going to work it so that some kind of a temporary pass where people pay taxes, where the farmer can have a little control, as opposed to you walk in and take everybody away,” he said. “[W]e’re going to do something for farmers, where we can let the farmer sort of be in charge. The farmer knows. He’s not going to hire a murderer. When you go into a farm and he’s had somebody working with him for nine years doing this kind of work, which is hard work to do, and a lot of people aren’t going to do it, and you end up destroying a farmer because you took all the people away, it’s a problem.” No further details were released as of press time.

The remarks follow Trump administration shifts back and forth about whether worksite raids might be paused in industries like hospitality, restaurant, and agricultural work, and whether undocumented farm and hotel workers might be allowed to work legally in the United States.

Back to Top

6. Supreme Court Decision Limits Nationwide Injunctions, Leaves Birthright Citizenship Issue Unsettled

On June 27, 2025, in a case implicating President Trump’s Executive Order (EO) on birthright citizenship, the U.S. Supreme Court issued a decision limiting federal courts’ ability to issue nationwide injunctions blocking EOs and broad national policies. It explained that in such cases, courts should normally only block federal policies for the individuals or organizations that bring a lawsuit, unless a statute or class action process allows broader relief. This ruling makes it less likely that a single lawsuit will be able to stop a federal policy from taking effect across the entire country.

The Supreme Court’s order incorporates a change to the effective date of the EO, which was agreed to by the government. The Court stated that the EO does not apply to children born since January 20, 2025, and for 30 additional days after the order. Under the decision, all children born in the United States before July 28, 2025, regardless of their parents’ immigration status, will be recognized as U.S. citizens by the executive branch of the federal government.

The decision did not address the merits or constitutionality of the EO. The decision means that there will be continuing and evolving uncertainties, including legal challenges to the birthright citizenship order in the federal courts. For example, filed within hours of the decision, a lawsuit in New Hampshire seeks to designate a nationwide class of children needing protection from the EO. Meanwhile, at a press conference on June 27, 2025, President Trump announced that the administration plans to take additional actions to end birthright citizenship. These efforts will likely take the form of new agency rules, policies, and guidance aimed at implementing the EO.

Back to Top

7. Supreme Court Pauses Lower Court Ruling to Allow the Trump Administration to Deport People to Third Countries Without Recourse

On June 23, 2025, the U.S. Supreme Court paused a lower court ruling to allow the Trump administration to deport people to third countries without the ability to argue that they would face torture. Specifically, a group of men being held at a military base in Djibouti will be sent to South Sudan while their case continues in court.

Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented. Justice Sotomayor said, “Apparently, the court finds the idea that thousands will suffer violence in farflung locales more palatable than the remote possibility that a district court exceeded its remedial powers when it ordered the government to provide notice and process to which the plaintiffs are constitutionally and statutorily entitled. That use of discretion is as incomprehensible as it is inexcusable.”

After the ruling, Tricia McLaughlin, a spokesperson for the Department of Homeland Security, said, “DHS can now execute its lawful authority and remove illegal aliens to a country willing to accept them. Fire up the deportation planes.”

Back to Top

8. E-Verify, SAVE Announce New Status Change Reports for Employers of Those Whose Parole Is Terminated

On June 20, 2025, the Department of Homeland Security (DHS) announced that it is revoking Employment Authorization Documents (EADs) for certain people whose parole has been terminated. These revocations may be on a case-by-case basis or may be for groups, such as those paroled through the processes for Cubans, Haitians, Nicaraguans, and Venezuelans. DHS said it sent direct notifications to certain individuals who were paroled into the United States, terminating their parole and revoking their parole-based EADs.

E-Verify developed a new report to help employers identify any E-Verify cases created with an EAD that has been revoked. DHS said the new Status Change Report allows E-Verify employers to review their aggregated case data for employees who presented EADs for employment verification that have now been revoked by DHS. The report contains the document revocation date, case number, and A-number for each affected case. DHS said the data in this report “will be regularly updated as DHS revokes EADs, and this report replaces the use of Case Status Alerts for EAD revocations.” The DHS announcement includes instructions for employers and their agents on how to access the report and reverify their employees.

Also, on June 20, 2025, Systematic Alien Verification for Entitlements (SAVE) announced that it created a self-service report that user agencies can generate when logged into SAVE using a web browser. The new report allows user agencies to identify SAVE cases created for one or more benefit applicants whose parole was terminated by DHS. Since DHS data is continuously updated, agencies should consider running this report on a regular basis, SAVE said.

Back to Top

9. Many International Doctors Are in Visa Limbo, Risking Shortages in the United States

According to reports, hundreds of doctors who were expected to begin medical residencies at U.S. hospitals shortly are stuck in “visa limbo” because of delays, an inability to make J-1 visa appointments, and/or additional vetting, despite the Department of State’s recent announcement that interviews could resume. Others have been unable to enter the United States due to the Trump administration’s travel (entry) ban on 19 countries. This year, more than 6,600 non-U.S. citizen doctors were accepted into residency programs. Many such residencies are supposed to start on July 1, 2025.

Concerns include the cost of medical exams and upending of international doctors’ plans to come to the United States; shortages of doctors in some communities, including medically underserved areas; and effects on U.S. hospitals and patients.

Back to Top

10. Uncertainty in Middle East Disrupts U.S. Visa Processing and Consular Services

U.S. visa processing across the Middle East is facing renewed disruption due to developments such as tensions between the U.S. and Iran. Recent military activity involving Iran, and the U.S. government’s evacuation of non-essential personnel from multiple embassies across the Middle East, are significantly affecting visa processing in the region, according to reports.

Although the Department of State recently authorized the resumption of F, M, and J visa interviews under new vetting protocols, the deteriorating security environment is likely to delay, or entirely suspend, implementation of that guidance at affected consular posts.

Back to Top

11. OFLC Publishes New List of Professional Occupations Effective July 1, 2025

On June 24, 2025, the Department of Labor’s Office of Foreign Labor Certification (OFLC) announced that it reviewed occupational and education data and published a new list of occupations on its website, as it does annually per a 2021 Federal Register notice. OFLC said the list of professional occupations “serves as a guide for employers to distinguish between professional and non-professional occupations in order to comply with the professional recruitment requirements of the PERM program.”

Appendix A to the Preamble–Education and Training Categories by Occupational Information Network (O*NET)–Standard Occupational Classification (SOC) Occupations, which implements the new list of professional occupations for the July 2025 through June 2026 wage year, will be effective July 1, 2025.

Back to Top

12. CNMI Wage Data Released

On June 26, 2025, the Department of Labor’s Office of Foreign Labor Certification (OFLC) announced that it received the 2025 Commonwealth of the Northern Mariana Islands (CNMI) Prevailing Wage Study survey from the governor of the CNMI for the CW-1 program.

OFLC said it approved the 2025 CNMI Prevailing Wage Study survey for 408 occupations and will issue updated CW-1 prevailing wages using the data from July 1, 2025, through June 30, 2026. The updated wage table includes prevailing wage data for a total of 848 occupations.

Back to Top

13. DOS Resumes Visa Processing for Foreign Students and Exchange Visitors, Announces Enhanced Social Media Vetting

On June 18, 2025, the Department of State resumed visa processing for new and returning students and exchange visitors (F, M, and J nonimmigrants) but announced enhanced social media and online presence screening and vetting procedures. All applicants for F, M, and J nonimmigrant visas will be instructed to adjust the privacy settings on all of their social media profiles to “public” at their visa interviews. If the consular officer finds them otherwise eligible for the visa sought, the officer will issue the student an INA § 221(g) decision while they gather more information and documentation before issuing a final determination.

The guidance directs consular officers to review visa applicants’ online presence for “any indications of hostility towards the citizens, culture, government, institutions or founding principles of the United States.” Consular officers will review more than just social media accounts with particular attention to applicants with a history of political activism. Officers will comprehensively screen every visa applicant “for potential security and non-security related ineligibilities.” Although the online content found may not alone be sufficient to deny a student’s visa, officers will conduct additional vetting to determine if the applicant will respect U.S. laws and “engage only in activities consistent with” their status. While some travelers have taken to temporarily wiping their social media accounts, consular officers will be taking screenshots during their vetting process to preserve records of their findings.

Lack of a public online presence or refusal to make sites accessible will raise a red flag. If no derogatory information is found, the officer may make a decision on the visa application. However, according to the guidance, “[i]f potentially derogatory information is found, post should refuse the case under the appropriate refusal code; or, if needed, post should call the applicant back for a follow-up interview.”

According to the guidance, consular posts may resume processing of expedited appointment requests and are directed to prioritize physicians applying for J visas and applicants studying at U.S. universities where international students constitute 15 percent or less of the total student body.

Back to Top

14. President Trump Backtracks on Pause in ICE Enforcement Against Hotel, Restaurant, and Farm Workers; Worksite Enforcement to ‘Massively Expand’

President Trump has reversed the pause he called for a week ago on deportation-related raids by U.S. Immigration and Customs Enforcement on worksites in the agricultural, hospitality, and restaurant industries. He said raids would be focused on “Democrat-run cities,” which he claimed on Truth Social are the “core of the Democrat Power Center.”

Tom Homan, the White House “border czar,” said that “[w]orksite enforcement operations are going to massively expand.” On June 16, 2025, Tricia McLaughlin, Assistant Secretary for Public Affairs at the Department of Homeland Security, said that worksite operations “are very much a cornerstone” of the Trump administration’s enforcement efforts. “There is no safe harbor, whether it be a church or a courthouse or a worksite. We will come for you; we will arrest you; you will be deported.” Following President Trump’s latest comments, the U.S. Immigration and Customs Enforcement held a call with its agency leaders in the field, ordering them to resume raids on hotel, restaurant, and agricultural worksites.

The previous change in policy for those industries, implemented last week, came after President Trump posted on Truth Social, “Our great Farmers and people in the Hotel and Leisure business have been stating that our very aggressive policy on immigration is taking very good, long time workers away from them, with those jobs being almost impossible to replace. … We must protect our Farmers, but get the CRIMINALS OUT OF THE USA. Changes are coming!”

According to reports, some public companies are now warning investors about disruptions in their workforces. Smithfield, a major meatpacking company, said in its securities filing in March, “Increased enforcement efforts with respect to existing immigration laws by governmental authorities may disrupt a portion of our workforce or our operations.”

Back to Top

15. OFLC Reminds Employers of Three-Day Filing Window for H-2B Workers With October 2025 Start Date, Offers Filing Tips

On June 20, 2025, the Department of Labor’s Office of Foreign Labor Certification (OFLC) reminded employers that the three-day filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting a work start date of October 1, 2025, will open on July 3, 2025, and close on July 5, 2025.

This three-day period is the earliest an employer may file an application for an October 1, 2025, work start date, OFLC said, warning that “H-2B applications requesting October 1, 2025, work start dates will be denied if they are filed before July 3, 2025, at 12:00 a.m. Eastern Time.” After the three-day filing window closes, OFLC said it will randomly order applications for assignment to analysts for review and processing.

OFLC offered the following filing tips:

• Only one H-2B Application for Temporary Employment Certification per job opportunity should be filed to prevent duplicate filings and delayed processing.
• If “yes” is selected for “Board, Lodging, or Other Facilities” under section F.d.5, Form ETA-9142B, and deductions other than those required by law may be made from the worker’s pay, details should be included about the deductions and amounts to cover the reasonable cost of board, lodging, and other facilities in section F.d.6.
• The employer must submit with its H-2B application a copy of the job order being submitted concurrently to the State Workforce Agency (SWA) serving the area of intended employment. The job order submitted must be a copy of the actual job order or a completed job order form used by the SWA for posting in its job clearance systems.
• Original signatures and dates on Appendix B must be current.

Back to Top

16. Trump Administration Considers Expanding Travel Ban to 36 Additional Countries

According to reports, following the Trump administration’s issuance of a travel (entry) ban/restrictions on 19 countries, President Trump is considering expanding the ban to up to 36 additional, mostly African, countries.

The 36 countries have 60 days to “mitigate ongoing vetting and screening concerns, develop corrective action plans to remediate deficiencies and evaluate progress.” A related cable reportedly said there were a range of concerns but did not specify what the concerns were for each country. In general, the cable cited concerns including unreliability in identity documents, criminal records, passports, and visa overstays, among other issues. The countries could reduce the concerns, the cable said, if they agree to accept deportees or asylees from other countries sent by the United States.

The countries on the new list reportedly include Angola, Antigua and Barbuda, Benin, Bhutan, Burkina Faso, Cambodia, Cameroon, Cape Verde, the Democratic Republic of Congo, Djibouti, Dominica, Ethiopia, Egypt, Gabon, Gambia, Ghana, Ivory Coast, Kyrgyzstan, Liberia, Malawi, Mauritania, Niger, Nigeria, St. Kitts and Nevis, St. Lucia, São Tomé and Príncipe, Senegal, South Sudan, Syria, Tanzania, Tonga, Tuvalu, Uganda, Vanuatu, Zambia, and Zimbabwe.

Back to Top

17. State Dept. Cable Orders Resumption of Harvard Student and Exchange Visitor Visa Processing After Court Order

After a court order, Secretary of State Marco Rubio reportedly sent a cable to U.S. consular offices ordering the resumption of Harvard international student and exchange visitor visa processing, after having ordered posts to deny such visa applications recently based on a proclamation from President Trump.

The cable stated, “Effective immediately, consular sections must resume processing of Harvard University student and exchange visitor visas,” and “no such applications should be refused.”

Previously, Secretary of State Marco Rubio reportedly sent a cable ordering U.S. embassies and consulates to deny visa applications for Harvard international students after President Trump issued a related proclamation and fact sheet. The proclamation singled out Harvard due to national security concerns. Under the proclamation, entry into the United States was to be suspended for any new Harvard nonimmigrant student under an F, M, or J visa, and Secretary Rubio was directed to consider revoking existing F, M, or J visas for current Harvard students who met the proclamation’s criteria.

The fact sheet said that the proclamation did not apply to those attending other U.S. universities through the Student and Exchange Visitor Program and exempted those whose entry was deemed in the national interest.

Back to Top

18. USCIS Releases Statement on Termination of CHNV Parole Programs

On June 6, 2025, U.S. Citizenship and Immigration Services (USCIS) released the following statement on termination of parole programs for Cubans, Haitians, Nicaraguans, and Venezuelans:

Back to Top

19. USCIS Changes Validity Period for Any Form I-693 Signed On or After November 1, 2023

On June 11, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it is updating its USCIS Policy Manual to clarify that a Form I-693, Report of Immigration Medical Examination and Vaccination Record, signed by a civil surgeon on or after November 1, 2023, is only valid while the application with which the Form I-693 was submitted is pending. If that application is withdrawn or denied, the Form I-693 is no longer valid. USCIS said this guidance is effective immediately and applies to applications pending or filed on or after June 11, 2025.

USCIS noted that under this updated policy, if a person submitted Form I-693 with their Form I-485, Application to Register Permanent Residence or Adjust Status, and then they withdrew their Form I-485 or USCIS denied it, if they submit a future Form I-485, they must submit a newly completed Form I-693 signed by a civil surgeon.

USCIS also said that it may require a person who otherwise would not be required to undergo an immigration medical examination “to submit a Form I-693 as a matter of discretion, if the evidence indicates that there may be a public health concern.”

Back to Top

20. DHS Announces Fine Forgiveness for Those Who Self-Deport With CBP Home App

On June 9, 2025, the Department of Homeland Security (DHS) announced that undocumented persons who self-deport from the United States through the CBP Home App will receive forgiveness of any civil fines or penalties for failing to depart. Currently, DHS noted, a person can be fined nearly $1,000 per day on which they do not depart after a final deportation order. Additionally, a person can also be fined for failing to depart in a timely manner after a voluntary departure order.

DHS said it has issued more than 9,000 fine notices to undocumented persons for a total of almost $3 billion. In addition, DHS said it has made the CBP Home Mobile App more user-friendly by eliminating certain steps and making it easier for people to self-deport.

Back to Top

21. President Trump Authorizes Private Company to Construct and Operate a Border Crossing

On June 9, 2025, President Trump released a memorandum permitting Green Corridors, LLC, to construct, maintain, and operate a commercial elevated guideway crossing on the U.S. border with Mexico in Laredo, Texas.

The memo explains that the border facilities referenced in the permit:

Back to Top

22. State Dept. Releases Visa Bulletin for July

The Department of State’s Visa Office has released the Visa Bulletin for July 2025.

The bulletin includes final action dates for employment-based preference cases, along with dates for filing of employment-based visa applications and updates on diversity visas (DV), including DV rank cut-offs that will apply in August.

Back to Top

23. Trump Issues Travel Ban on 12 Countries and Partial Ban on 7 Countries, With Exceptions

On June 4, 2025, President Trump issued a proclamation, “Restricting the Entry of Foreign Nationals to Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats.” The proclamation includes a country-by-country list of restrictions and exceptions.

The proclamation:

• Fully restricts and limits the entry of nationals of the following 12 countries: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen; and
• Partially restricts and limits the entry of nationals of the following 7 countries: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.

“These restrictions distinguish between, but apply to both, the entry of immigrants and nonimmigrants,” the proclamation states. The restrictions, which were opposed by immigration advocacy organizations, do not apply to lawful permanent residents and certain other categories, such as athletes coming to compete in major sporting events (e.g., the World Cup), diplomats, and those granted asylum or refugee status. Kelli Stump, President of the American Immigration Lawyers Association, said that the restrictions “prevent the best and brightest from contributing to our innovation, and harm U.S. businesses that are understaffed and may have to close because they cannot employ the already vetted and approved foreign workers.”

Back to Top

24. Federal Judge Temporarily Halts Trump Administration’s Block on Harvard International Student Visas

On June 5, 2025, after an emergency request from Harvard University, a federal judge issued a temporary restraining order to stop the Trump administration from blocking visas for new international students coming to Harvard. International students make up about a quarter of Harvard’s student body.

Secretary of State Marco Rubio reportedly sent a cable ordering U.S. embassies and consulates to deny visa applications for Harvard international students after President Trump issued a related proclamation and fact sheet. The proclamation singled out Harvard due to national security concerns. The fact sheet states:

• The Proclamation suspends the entry into the United States of any new Harvard student as a nonimmigrant under F, M, or J visas.
• It directs the Secretary of State to consider revoking existing F, M, or J visas for current Harvard students who meet the Proclamation’s criteria.
• The Proclamation does not apply to aliens attending other U.S. universities through the Student Exchange Visa Program (SEVP) and exempts aliens whose entry is deemed in the national interest.

Back to Top

25. DHS Ramps Up ‘Crackdown’ on Visa Overstays

On June 4, 2025, the Department of Homeland Security (DHS) announced that it is ramping up a “crackdown” on visa overstays following a Boulder, Colorado, attack perpetrated by an Egyptian national. DHS said that U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services will be “ramping up the review of immigration records and will take immediate appropriate actions.”

According to the DHS statement:

Back to Top

26. DHS Terminates TPS for Nepal and Cameroon in August

The Department of Homeland Security (DHS) is terminating Temporary Protected Status (TPS) for Nepal and Cameroon:

• Nepal: The TPS designation for Nepal, which was set to expire on June 24, 2025, will terminate at 11:59 p.m. “local time” on August 5, 2025, according to a Federal Register notice published on June 6, 2025.  After August 5, nationals of Nepal (and those having no nationality who last habitually resided in Nepal) who have been granted TPS under Nepal’s designation will no longer have TPS.
• Cameroon: The TPS designation for Cameroon, which was set to expire on June 7, 2025, will terminate at 11:59 p.m. “local time” on August 4, 2025, according to a Federal Register notice published on June 4, 2025.  After August 4, nationals of Cameroon (and those having no nationality who last habitually resided in Cameroon) who have been granted TPS under Cameroon’s designation will no longer have TPS.

DHS noted that affected people can use the CBP Home app to report their voluntary departure from the United States.

Back to Top

27. USCIS Seeks Comments on New Biographic and Employment Identifiers on Immigration Forms

U.S. Citizenship and Immigration Services (USCIS) seeks comments on a new information collection of “certain biographic and employment identifiers on immigration forms.” USCIS said the collection is necessary to comply with section 2 of Executive Order (EO) 14161, “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.”

The new collection is intended “to establish enhanced screening and vetting standards and procedures to enable USCIS to assess an alien’s eligibility to receive an immigration-related benefit. This data collection also is used to help validate an applicant’s identity and to determine whether such grant of a benefit poses a security or public-safety risk to the United States,” USCIS said.

Comments will be accepted until July 28, 2025. All submissions received must include the Office of Management and Budget (OMB) Control Number 1615-NEW in the body of the letter, the agency name, and Docket ID USCIS-2025-0006. Comments should be submitted via the Federal eRulemaking Portal website at https://www.regulations.gov under e-Docket ID number USCIS-2025-0006.

Back to Top

New Publications and Items of Interest

Student and Exchange Visitor Program (SEVP) report. U.S. Immigration and Customs Enforcement has released SEVIS by the Numbers: Annual Report on Foreign Student Trends. The report on SEVP and the Student and Exchange Visitor Information System (SEVIS) highlights key SEVIS data trends, values, and information on F and M foreign students studying in the United States and J exchange visitors participating in U.S. Department of State-designated exchange visitor programs. It also examines data related to F-1 and M-1 student employment in the United States. The report compares data from calendar year 2024 with data from calendar year 2023.

Know your rights. A number of organizations, including the American Civil Liberties Union (ACLU) (English and Spanish), the Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., the National Immigrant Justice Center, and the Asian Law Caucus, have published resources highlighting immigrants’ rights in the United States, including “know your rights” information and what documents they may want to carry when traveling inside the United States. ACLU of Northern California also released Know Your Rights: U.S. Airports and Ports of Entry.

E-Verify webinars: E-Verify has added a webinar with a focus on acceptable documents for Form I-9 verification, and has updated its calendar of webinars.

SAVE webinars: Systematic Alien Verification for Entitlements (SAVE) has updated its calendar of webinars.

Immigration agency X (formerly Twitter) accounts:

• EOIR: @DOJ_EOIR
• ICE: @ICEgov
• Study in the States: @StudyinStates
• USCIS: @USCIS

Alliance of Business Immigration Lawyers: ABIL is available on X (formerly Twitter): @ABILImmigration

Back to Top

ABIL Member / Firm News

Flynn Hodkinson recently promoted Rikki Barrow to Partner. Also, Janice Flynn was asked to speak at the Democrats Abroad UK 4^th of July picnic on U.S. visa and nationality issues.

Klasko Immigration Law Partners, LLP, warns that green card holders returning from abroad in 2025 should be aware that U.S. Customs and Border Protection (CBP) officers are using new tactics and screening permanent residents more strictly after trips abroad lasting more than six months. “While we do not wish to alarm you, we want to warn green card holders that applying for entry into the U.S. after an absence of six months or more could result in being placed in removal proceedings, and possibly detained, if you do not have a reentry permit or special immigrant (returning resident) visa,” the alert states.

Klasko Immigration Law Partners, LLP, has welcomed three attorneys to its expanding office in Washington, DC: Stacy Shore, Duncan Fulton, and Anabel Nataros. Ms. Shore will serve as Senior Counsel to augment Klasko’s expanding government relations, immigration compliance, and corporate practices; Mr. Fulton joins as a Senior Associate on the litigation and EB-5 teams; and Ms. Nataros joins as a Senior Associate on the corporate immigration team.

Klasko Immigration Law Partners, LLP, has published several new client alerts/blog posts: Supreme Court Decision Continues Legal Battle Over Birthright Citizenship, Regional Uncertainty Driven by Iran Tensions: Impact on U.S. Visa Processing and Consular Services, Proactive Prevailing Wage Strategies for Employers During the Second Trump Administration, DOJ Prioritizes Denaturalization Enforcement in New Civil Division Directive, State Department Implements Enhanced Online Vetting for F, J, and M Visas, Key Status Updates for Humanitarian Immigration Programs, 2025 Travel Ban: What Employers and Foreign Nationals Need to Know, and New U.S. Student Visa Restrictions Under Latest State Department Guidance.

Charles Kuck was quoted extensively by the Atlanta Journal-Constitution about a birthright citizenship case and the overall political climate surrounding immigration, in Immigration Lawyer Talks Birthright Citizenship, Student Visas and Protests.

Cyrus Mehta authored several new blog posts: Supreme Court Decision Limits Nationwide Injunctions Giving More Power to Trump to Violate the Constitution, and Although DOS Resumes Visa Processing for Foreign Students, the Enhanced Vetting Guidance Undermines American Values of Free Speech and Expression.

Mr. Mehta was quoted by Forbes in Immigration Restrictions Pile Up on International Students. Commenting on the Mahmoud Khalil case, he said, “Assuming the Rubio memo knocked off in the habeas proceeding, the deportable ground under INA 237(a)(C)(4) may not be sustained.” Mr. Mehta said he thinks the Department of Homeland Security can continue seeking to deport Khalil for fraud or misrepresentation. “If Khalil cannot overcome this, he can seek a waiver in removal under INA 237(a)(1)(H) to waive entry fraud as he has a spouse who is a qualifying relative. Therefore, that would be the most practical way to deal with it rather than challenge the 212(a)(C)(6) ground in the Court of Appeals, where there may also be a jurisdictional bar as it would be a discretionary decision.”

Mr. Mehta and Ira Kurzban, of Kurzban Kurzban Tetzeli & Pratt, were quoted by Forbes in Immigration Restrictions Mount Against Americans and Legal Residents. Discussing a new proclamation that includes an exception for spouses, children, and parents of U.S. citizens coming to the United States but requires U.S. citizens to overcome a new standard—clear and convincing evidence of identity and family relationship (e.g., DNA)—Mr. Mehta said, “This standard is higher than the preponderance of evidence standard that exists presently for U.S. citizens to claim their relationship to relatives they wish to sponsor for permanent residence. Normally, the standard only escalates to the clear and convincing standard in situations involving suspected fraud, such as when a respondent in removal proceedings marries a U.S. citizen or when there have been instances of prior fraud.” Regarding the Trump travel ban, Mr. Mehta said, “There seems to be a strategy to prevent immigration and future citizenship from … mainly African countries,” adding that he considers the ban on lawful permanent residents sponsoring their spouses or children “draconian.” He said that although “it may be difficult to challenge the entire proclamation on its face as unconstitutional under equal protection or First Amendment principles after Trump v. Hawaii, plaintiffs may try to take shots at challenging narrower provisions such as the provision rendering it harder for U.S. citizens to sponsor immediate relatives from the banned country.” Mr. Kurzban said the travel ban “doesn’t allow people to reunify with family members, and it forces people to remain in or be deported to conditions that the United States and the rest of the world have recognized as absolutely horrific.”

In the same article, Mr. Kurzban pointed out that the travel ban allows the government to deport Cubans and Haitians to Rwanda, Libya, El Salvador, or other places to which they have no connection and may be imprisoned. “Instead of being deported, many of these people could be doctors or nurses in the United States,” he said, adding that the ban “is supposed to be temporary, but that’s just a mirage, because not issuing the visas and ending the visa process means starting that backup will take substantial time. The decision to not only ban entry, but to ban the whole process of getting the visa, having it put in your passport, or if you’re an immigrant, going through the whole immigrant processing, is now, in effect, shut down.” Mr. Kurzban also said, “I think most Americans fail to realize that when you harm immigrants, you are hurting their American citizen or lawful permanent resident families.”

Mr. Mehta and Kaitlyn Box co-authored several new blog posts: The Inherently Moral Executive Actions on Immigration Cannot Die Under Trump and In the Walmart Case, the Government Cannot Have Its Cake and Eat It Too.

Stephen Yale-Loehr, of Miller Mayer, LLP, was quoted by the San Francisco Chronicle in Trump Administration Sues Los Angeles in Latest Attack on Sanctuary Cities. He said that Trump’s immigration enforcement in the Los Angeles area “prompted the massive protests, not the fact that Los Angeles was a sanctuary city.” Mr. Yale-Loehr also said the judicial climate seems to have changed: “The Supreme Court has taken up many emergency appeals by the Trump administration this year. Also, the court is more conservative now than in 2020. So we could see a ruling on sanctuary jurisdictions sometime this year.”

Mr. Yale-Loehr was quoted by the New York Times in What the Supreme Court’s Ruling Will Mean for Birthright Citizenship. He said, “The court decision today means that unless a court certifies a class action within the next 30 days, the Trump administration can start to implement its repeal of birthright citizenship.” Mr. Yale-Loehr also noted that “[t]he practical problems of ending birthright citizenship are both huge and unpredictable.”

Mr. Yale-Loehr was quoted by Newsweek in Supreme Court Rules on Birthright Citizenship: What to Know. Before the Supreme Court issued its decision, he said, “Although the case started as a direct challenge to President Trump’s efforts to end birthright citizenship, the issue before the Court is narrower: whether lower federal courts can issue nationwide injunctions to stop a president. I predict that is all the Court will decide today. Thus, we will have to wait another year or two before the merits regarding birthright citizenship reach the Supreme Court.”

Mr. Yale-Loehr was quoted by Travel Weekly in With Immigration Policy, Hotels Are Caught in a Political and Economic Tug-of-War. He said, “President Trump’s announcement that he [would] exempt hotels from his immigration crackdown means very little. Even if hotel workers are ‘safe’ at work, they could be picked up at home or on their way to or from work.”

Mr. Yale-Loehr was quoted by Mediapart in Los Angeles: Despite the Presence of the Army, the Mobilizations Continue (in French with English translation available). He said, “The Trump administration, which made immigration control a priority of its campaign, is now trying to deport a million people a year. To achieve this figure, it is using every tool imaginable. The administration is going everywhere today, including places previously considered sensitive—churches, courtrooms, schools, etc.—and is mobilizing other federal agencies, such as the FBI and local police. At the same time, it is trying to collect information from various agencies in order to build a database to facilitate the identification of undocumented citizens.”

Mr. Yale-Loehr was quoted by Vox in How a Little-Known Law Became Trump’s Weapon of Choice Against Immigration. Commenting on President Trump’s travel ban on certain countries, Mr. Yale-Loehr said that “court challenges to this travel ban are likely, but they may fail.” He noted, however, that “even if this expansion is legal, it is not good policy. We are not necessarily safer by banning immigrants from these countries.”

Mr. Yale-Loehr was quoted by Forbes in Travel Ban Reinstated By Trump With Mostly Muslim Countries. He predicted court challenges but warned that they may fail. However, he said, “Even if this expansion is legal, it is not good policy. Families will be separated, and we are not necessarily safer.”

Mr. Yale-Loehr was quoted by the Washington Post in Democrats Blast Trump’s Travel Ban, But Legal Challenges May Be Tough. He noted that the new ban includes specific rationales for each nation on the list and contains other measures that would probably shield the order from legal claims of arbitrariness, irrationality, or discrimination. “They’ve clearly learned from their first go-rounds.” He predicted that legal challenges would arise. For example, he said, advocacy groups might seek to pursue discrimination claims if the administration’s stated rationale for including a country in the ban also applies to nations not on the list.

Mr. Yale-Loehr was quoted by the Washington Post in The Boulder Suspect’s Family Faces Deportation. What Rights Do They Have? The article notes that people who have applied for asylum are generally protected from deportation while their cases are pending. However, Mr. Yale-Loehr noted, “It’s a gray area because filing for asylum doesn’t give you formal status. But until this administration, they would not be a target of deportation.” He said U.S. Immigration and Customs Enforcement routinely arrests family members together for civil immigration violations in “collateral pickups.” Typically, he said, “what they will do is target one individual because they have a criminal arrest or conviction, and then when they go to their address, they happen to find other people who are out of status.” He said the grounds of deportability “apply to anyone who is not a naturalized U.S. citizen.” Mr. Yale-Loehr noted that being found deportable can lead to removal proceedings in immigration court, although individuals may be eligible to apply for relief depending on their circumstances. He also said that while overstaying a visitor visa is a civil violation and not a criminal offense, it can carry serious consequences.

Mr. Yale-Loehr was quoted by the New York Times in Colorado Suspect’s Uncertain Immigration Status Highlights Visa ‘Overstays’. He said, “Scholars have long recognized that visa overstays constitute a significant share of the undocumented population. This segment has not received nearly as much attention as people entering illegally across the U.S.-Mexico border because they are simply not as visible.”

Back to Top

Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS case processing times online: https://egov.uscis.gov/processing-times/

Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
Back to Top