1. Group Sues Trump Administration Over $100K H-1B Application Fee; U.S. Chamber of Commerce Objects to Fee – In reaction to the fee, several entities have pushed back, including a lawsuit filed by a group representing many organizations that rely in part on H-1B workers and a letter from the U.S. Chamber of Commerce to Treasury Secretary Howard Lutnick.

2. Supreme Court Says Trump Administration Can Terminate TPS for Venezuelans – The Supreme Court ruled that the Trump administration can move forward with plans to terminate Temporary Protected Status for hundreds of thousands of Venezuelans in the United States. Justice Ketanji Brown Jackson dissented.

3. USCIS Targets Minneapolis-St. Paul Area in Immigration Fraud Operation, Warns of Expansion to Other Cities – Operation Twin Shield was “the first time USCIS dedicated resources on this scale in a single geographical area.” USCIS Director Joseph Edlow warned that the operation was the “first of many” and said that “[a]ny city should be prepared to be the next site for an operation of this magnitude.”

4. Refugee Admissions to be Cut to Record Low in 2026; White Afrikaners to be Prioritized – The Trump administration plans to cut refugee admissions to a record low in 2026 and prioritize relief for certain groups like white Afrikaners from South Africa. The cap of 125,000 set under the Biden administration in 2024 is expected to be lowered to 7,500.

5. Employer Tips: What If There’s a Federal Government Shutdown? – For employers with foreign national workers, it is important to understand which immigration related functions may be affected in the event of a federal government shutdown. Based on prior shutdowns, this article provides a brief overview of how key agencies’ processes may be affected and actions employers can take now.

6. Agencies Issue Guidance on President Trump’s Proclamation Requiring a $100,000 Fee for Certain H-1B Petitions – Following on the heels of President Trump’s issuance of a proclamation requiring a $100,000 fee for certain H-1B petitions where the worker is outside the United States, U.S. Citizenship and Immigration Services released a related frequently asked questions document, and other agencies released related guidance.

7. DOL Launches ‘Project Firewall’ H-1B Enforcement Initiative – The Department of Labor launched “Project Firewall” to ensure that “employers prioritize qualified Americans when hiring workers and [hold] employers accountable if they abuse the H-1B visa process.”

8. DHS Issues Proposed Rule on Weighted Selection for Cap-Subject H-1B Petitions – The Department of Homeland Security published a proposed rule to implement a “weighted selection” process for cap-subject H-1B petitions that “would generally favor the allocation of H-1B visas to higher skilled and higher paid aliens, while maintaining the opportunity for employers to secure H-1B workers at all wage levels.”

9. DHS Terminates Temporary Protected Status for Syria; Beneficiaries Have 60 Days to Leave the United States; E-Verify Issues Guidance for Employers – The Department of Homeland Security announced that Temporary Protected Status for Syrians is terminated and affected Syrian nationals have 60 days to voluntarily depart the United States and return home.

10. New $100,000 Fee on H-1B Entries by Presidential Proclamation, USCIS Clarifies – On September 19, 2025, President Trump issued a Presidential Proclamation requiring a $100,000 fee for certain H-1B petitions where the worker is outside the United States.

11. Trump Administration Unveils Gold and Platinum Immigration Plans – The Trump administration has announced a plan for three new immigration pathways: the Gold Card, the Corporate Gold Card, and the forthcoming Platinum Card.

12. Court Reinstates Venezuela’s TPS Designation – The Ninth Circuit has upheld a district court decision restoring Venezuela’s Temporary Protected Status (TPS) designation.

13. State Department Puts a Price Tag on the Diversity Visa Lottery—One Dollar – Starting September 16, 2025, every hopeful Diversity Visa lottery entrant must pay the token charge at the time of registration.

14. USCIS Unveils New Naturalization Civics Test – USCIS is reintroducing a revised civics test that will apply to applicants filing on or after October 20, 2025.

15. USCIS Announces First-Half FY 2026 H-2B Visa Cap Reached – Employers subject to the cap and seeking to hire H-2B workers to start between October 1, 2025, and March 31, 2026, can no longer file new petitions.

16. Egypt Reaches Diversity Visa Cap for FY 2025 – The U.S. Department of State (DOS) announced that Egypt has reached its annual limit under the Diversity Visa (DV) Program for fiscal year 2025.

17. EB-5 Unreserved Visa Cap Reached for FY 2025 – The U.S. Department of State has announced that the unreserved category of EB-5 immigrant investor visas has reached its annual limit for fiscal year 2025.

18. State Department Expands Visa Interview Waiver Eligibility; DHS Restores Hungary’s ESTA Eligibility – DOS announced updates to its interview waiver policy for nonimmigrant visa applicants and DHS restored Hungary’s ESTA eligibility.

19. Korean Worker Detentions Revive Questions Over B-1 Visa Use – The detention and swift removal of hundreds of South Korean workers at a Georgia electric vehicle battery plant this month has reignited debate over the use of the short-term business visa.

20. A Field of Dreams for California Immigrants – In this New York Times article, read about the rolling acres of Sonoma County, where lies a baseball diamond.

21. AVITS Now Features Real-Time DS-160 Validation – There’s a new feature in the Department of State’s AVITS visa scheduling system: real-time DS-160 validation.

22. USCIS NTAs During the H-1B 60-Day Grace Period – An increase in Notices to Appear (NTAs) issued when an employer withdraws an H-1B petition, even when a change-of-employer (COE) or change-of-status (COS) petition has been timely filed within the grace period.

23. October 2025 Visa Bulletin Released with Notable Progress – Forward movement in key employment-based categories (especially for India), creates a valuable opportunity for many to file early and secure benefits.

24. DOS Ends Third-Country Nonimmigrant Visa Appointments – Nonimmigrant visa applicants, with a few exceptions, must schedule their appointments at the U.S. embassy or consulate in their country of nationality or residence.

25. Annual Cap Reached for EB-1 Immigrant Visas; October Visa Bulletin Released; Religious Workers Category to Expire – U.S. embassies and consulates could not issue additional immigrant visas in the EB-1 category until the start of FY 2026 on October 1, 2025. The Visa Bulletin for October also notes that the E-4 Certain Religious Workers category expired on September 30, 2025.

26. Supreme Court Says Government Can Continue to Detain People in Los Angeles Area for Now; Sotomayor Dissents – The Supreme Court granted, without explanation, an application for stay of a district court’s injunction in Noem v. Perdomo, a case that challenged immigration officers’ practice of detaining individuals in the Los Angeles area based on certain characteristics.

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

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ABIL Immigration Insider – October 2025

1. Group Sues Trump Administration Over $100K H-1B Application Fee; U.S. Chamber of Commerce Objects to Fee

In reaction to the Trump administration’s $100,000 fee for new H-1B applications, several entities have pushed back, including a lawsuit filed by a group representing many organizations that rely in part on
H-1B workers and a letter from the U.S. Chamber of Commerce to Treasury Secretary Howard Lutnick.

The group that has sued the Trump administration over the new fee argues that the “arbitrary and capricious” fee is unlawful, the required regulatory process was not followed, and the administration failed to consider the harm to entities across the United States that rely on H-1B workers, including not only high-tech companies but also schools, churches, hospitals, nonprofits, and businesses.

The group that filed the lawsuit includes the American Association of University Professors, U.A.W. International, Global Nurse Force, Global Village Academy Collaborative (a charter school association), and the Society of the Divine Word’s Chicago Province. Representatives for the plaintiffs include Democracy Forward, the Justice Action Center, and the South Asian American Justice Collaborative.

Citing studies showing that H-1B workers contribute to the U.S. economy, increase domestic employment, and raise wages, the U.S. Chamber of Commerce’s letter to Secretary Lutnick noted that a lack of availability of skilled H-1B workers also can cause companies to “outsource entire functions.” The Chamber said it is “particularly concerned about the administration’s new policy of imposing a $100,000 fee on new H-1B visas. This additional fee is easily 10 to 20 times (more for smaller companies) above the current fees. This would clearly limit the ability of many companies, especially smaller firms, to hire the skilled individuals they need to grow their businesses and the American economy.” The Chamber recommended that the Trump administration rescind its proclamation imposing the new fee and instead “work with Congress to look at reforms to the H-1B program that could accompany an increase in the number [of] visas annually available to meet the needs of our growing economy.”

Alternatively, if the Trump administration decides to keep the new fee, the Chamber recommended “clarifications” to address questions detailed in an attachment to its letter, including whether regulations will be published, how a “new” petition is defined, and what evidence will be required to determine that a particular H-1B beneficiary is not subject to the new fee.

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2. Supreme Court Says Trump Administration Can Terminate TPS for Venezuelans

The Supreme Court has ruled that the Trump administration can move forward with plans to terminate Temporary Protected Status for hundreds of thousands of Venezuelans in the United States. The Supreme Court stayed a September 5, 2025, U.S. district court order pending the disposition of the government’s appeal in the Ninth Circuit and of a petition for a writ of certiorari. The unsigned opinion stated, “Although the posture of the case has changed, the parties’ legal arguments and relative harms generally have not. The same result that we reached in May is appropriate here.”

Justice Ketanji Brown Jackson dissented, calling the decision “yet another grave misuse of our emergency docket.” She said, “This Court should have stayed its hand. Having opted instead to join the fray, the Court plainly misjudges the irreparable harm and balance-of-the-equities factors by privileging the bald assertion of unconstrained executive power over countless families’ pleas for the stability our Government has promised them.”

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3. USCIS Targets Minneapolis-St. Paul Area in Immigration Fraud Operation, Warns of Expansion to Other Cities

U.S. Citizenship and Immigration Services (USCIS), in coordination with U.S. Immigration and Customs Enforcement (ICE) and the Federal Bureau of Investigation, announced on September 30, 2025, that it had conducted “Operation Twin Shield,” a “targeted surge of fraud detection and deterrence activities across Minneapolis-St. Paul and surrounding areas” from September 19 to 28, 2025. According to USCIS, Operation Twin Shield was “the first time USCIS dedicated resources on this scale in a single geographical area.” USCIS Director Joseph Edlow warned that the operation was the “first of many” and said that “[a]ny city should be prepared to be the next site for an operation of this magnitude.”

The operation focused on site visits and targeted verifications for applicants and petitioners with pending immigration benefits who matched “specified risk criteria,” USCIS said without elaborating. Employment authorizations and certain parole-related requests, among others, were investigated. USCIS officers focused on more than 1,000 cases that had “fraud or ineligibility indicators” and conducted more than 900 site visits and in-person interviews. USCIS said they found evidence of fraud, noncompliance, or public safety or national security concerns in 275 cases. USCIS issued Notices to Appear (NTAs) or referred people to ICE in 42 cases, and four people were “apprehended.”

USCIS said it expects that data on NTAs, referrals to ICE, and adverse adjudicative actions in the Minneapolis-St. Paul cases to increase as more administrative investigations are completed.

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4. Refugee Admissions to be Cut to Record Low in 2026; White Afrikaners to be Prioritized

According to reports, the Trump administration plans to cut refugee admissions to a record low in fiscal year 2026 and prioritize relief for certain groups like white Afrikaners from South Africa whom it deems face “unjust discrimination.” The cap of 125,000 set under the Biden administration in 2024 is expected to be lowered to 7,500.

This plan follows other Trump administration actions to prevent many refugees from coming to or resettling in the United States, or obtaining asylum. Mark Hetfield, who is president of HIAS, a Jewish resettlement agency, said that such a low refugee ceiling “would break America’s promise to people who played by the rules. Trump isn’t just putting the Afrikaners to the front of the line. He is kicking years-long-waiting refugees out of the line.” HIAS has had to lay off more than half of its staff since the Trump administration cut funding for the refugee program.

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5. Employer Tips: What If There’s a Federal Government Shutdown?

The 2024-2025 federal fiscal year was marked by multiple threats of government shutdowns, each one narrowly avoided with continuing resolutions to keep the government funded. As the current fiscal year draws to a close, there is speculation that Republicans and Democrats in Congress may not reach an agreement on annual spending bills by midnight on September 30, 2025. If a budget or continuing resolution is not passed by this deadline, there will be a shutdown, and all but essential personnel will be furloughed. To top it all off, in the event of a shutdown, the Trump administration is threatening mass firings of employees in federal programs with lapsed funding that are not statutorily required and are “not consistent with the President’s priorities”—although commenters have called into question the feasibility of such impromptu reductions in force.

For employers with foreign national workers, it is important to understand which immigration related functions may be affected. There are no guarantees, but based on prior shutdowns, below is a brief overview of how key agencies’ processes may be affected and actions employers can take now.

U.S. Citizenship and Immigration Services

As a fee-based agency that is not dependent on federal appropriations, U.S. Citizenship and Immigration Services (USCIS) is expected to continue processing petitions and applications. New filings, extensions, and USCIS-mandated steps in the green card process can continue to be filed and processed, with some possible processing delays.

However, filings that require a certified Labor Condition Application (LCA) from the Department of Labor, such as requests for H-1B, H-1B1, and E-3 classification, may be delayed if the certification has not been completed before shutdown. Filings without certified LCAs cannot be approved during the shutdown. USCIS has historically accepted late I-129 filings upon reopening with evidence that the primary reason for the delay was the government shutdown. USCIS has not confirmed, however, whether they will adopt a similar approach this time.

E-Verify, USCIS’s system that allows employers to verify work authorization, will be inaccessible during a shutdown because that program requires appropriated funds. Although E-Verify would be suspended during a government shutdown, employers will need to continue to complete Forms I-9 for any new hires in a timely fashion. The information may be input into E-Verify once the government reopens.

Employers should:

• File petitions requiring certified LCAs (H-1B, H-1B1, E-3) before the shutdown.
• Keep evidence of filing delays caused by a shutdown for possible late acceptance.
• Continue timely completion of Forms I-9 for all new hires.
• Plan to update E-Verify once the system reopens.
• Keep an eye out for updates from USCIS indicating whether it will accept filings without or with pending LCAs.

Department of Labor

The Office of Foreign Labor Certification (OFLC), which oversees filings with the Department of Labor (DOL), is normally closed during government shutdowns. OFLC typically does not accept or process any applications or related materials during a shutdown, including LCAs, applications for a prevailing wage determination, applications for permanent employment certification (PERM), and PERM audit responses. OFLC has stated that the Foreign Labor Application Gateway (FLAG) system will be disabled and inaccessible in the event of a shutdown. As a result, users will not be able to access the FLAG system to print approved applications or take any other actions within the system. Additionally, appeals pending with the Board of Alien Labor Certification Appeals (BALCA) will be placed on hold during the shutdown.

Employers should:

• Submit LCAs, prevailing wage requests, and PERM applications before the shutdown.
• Access the FLAG system early to download/print approved applications and certifications.
• Prepare for processing delays upon reopening.

Department of State

Generally, the Department of State (DOS) is not affected by government shutdowns because visa and passport operations are fee-funded. However, during prior shutdowns, DOS has reduced or halted visa issuance. Individuals with scheduled or planned visa stamp appointments should be prepared for delays or disruption to consular services and should monitor the situation closely. If international travel cannot be avoided, individuals should understand that interruptions to consular services can result in prolonged delays and the possibility of being unable to return to the United States for several months.

Employers should:

• Advise employees to expect delays in visa issuance or stamping.
• Review travel plans—avoid non-essential international travel around shutdown dates.

Immigration and Customs Enforcement/Customs and Border Protection

U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) personnel are considered essential workers, so these agencies should remain fully operational. Ports of entry at airports or land border crossings will remain open. However, individuals who seek to apply for an immigration benefit at a port of entry or a pre-clearance facility (such as TN and L-1 applications for Canadian nationals) will need to confirm the operational status of the location where they intend to apply.

Employers should:

• Confirm operations at ports of entry or pre-clearance locations for TN/L-1 applications.
• Advise employees on possible variations in processing at different locations.

Employers and sponsored employees are encouraged to monitor the situation for updates and consult immigration counsel with questions or concerns.

Executive Office for Immigration Review

Based on previous actions during a federal government shutdown in 2013, the Executive Office for Immigration Review (EOIR) would be expected to continue to adjudicate detained cases. Court functions that support the detained caseload would continue, but other functions would be suspended. The Board of Immigration Appeals (BIA) would process emergency stay requests as well as cases where the person is detained, including case appeals, motions, federal court remands, and bonds. The BIA Clerk’s Office staff would accept all filings. The Office of the Chief Administrative Hearing Officer would maintain its ability to issue subpoenas and accept for filing any complaints that must be filed to comply with statutory deadlines.

Employers should:

• Expect processing delays in non-detained cases.
• Check the EOIR’s website for the operational status of specific immigration courts.

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6. Agencies Issue Guidance on President Trump’s Proclamation Requiring a $100,000 Fee for Certain H-1B Petitions

Following on the heels of President Trump’s issuance of a proclamation requiring a $100,000 fee for certain H-1B petitions where the worker is outside the United States, U.S. Citizenship and Immigration Services (USCIS) released a related frequently asked questions (FAQ) document, and other agencies released related guidance.

The USCIS FAQ notes which petitions are included and not included, and states that further steps will be taken, including:

• A rulemaking by the Department of Labor to revise and raise the prevailing wage levels to “upskill” the H-1B program and “ensure that it is used to hire only the best of the best temporary foreign workers.”
• A rulemaking by the Department of Homeland Security to “prioritize high-skilled, high-paid aliens in the H-1B lottery over those at lower wage levels.”

Additional changes are also under consideration and will be announced in the coming months, USCIS said.

USCIS released additional guidance regarding the proclamation, as did U.S. Customs and Border Protection (CBP). The Department of State (DOS) released a related FAQ. USCIS said that DOS also sent guidance to all consular offices that is consistent with the guidance from USCIS and CBP. CBP’s guidance, posted on X, states that the “updated H-1B visa requirement applies only to new, prospective petitions that have not yet been filed. Petitions submitted prior to September 21, 2025 are not affected. Any reports claiming otherwise are flat-out wrong and should be ignored.”

The White House also released a related fact sheet on September 19, 2025.

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7. DOL Launches ‘Project Firewall’ H-1B Enforcement Initiative

On September 19, 2025, the Department of Labor (DOL) launched “Project Firewall,” to ensure that “employers prioritize qualified Americans when hiring workers and [hold] employers accountable if they abuse the H-1B visa process.”

DOL said that it will conduct investigations of employers through Project Firewall “to maximize H-1B program compliance. To achieve this goal, the Secretary of Labor will personally certify the initiation of investigations for the first time in the department’s history.” Violations may result in “the collection of back wages owed to affected workers, the assessment of civil money penalties, and/or debarment from future use of the H-1B program for a prescribed period of time,” DOL noted.

Additionally, DOL said it “will share information and coordinate with relevant government agencies, as permitted by law, to combat discrimination against American workers and ensure the law is properly enforced by leveraging the full force of the federal government.”

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8. DHS Issues Proposed Rule on Weighted Selection for Cap-Subject H-1B Petitions

On September 24, 2025, the Department of Homeland Security (DHS) published a proposed rule to implement a “weighted selection” process for cap-subject H-1B petitions that “would generally favor the allocation of H-1B visas to higher skilled and higher paid aliens, while maintaining the opportunity for employers to secure H-1B workers at all wage levels.”

Under the proposed process, DHS said, registrations for unique beneficiaries or petitions would be assigned to the relevant Occupational Employment and Wage Statistics wage level and entered into the selection pool as follows:

Comments on the proposed rule must be submitted by October 24, 2025, using the instructions in the notice. Comments on the associated information collections must be submitted by November 24, 2025.

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9. DHS Terminates Temporary Protected Status for Syria; Beneficiaries Have 60 Days to Leave the United States; E-Verify Issues Guidance for Employers

On September 19, 2025, the Department of Homeland Security (DHS) announced that Temporary Protected Status (TPS) for Syrians is terminated and affected Syrian nationals have 60 days to voluntarily depart the United States and return home. “After the 60 days have expired, any Syrian nationals admitted under TPS who have not begun their voluntary removal proceedings will be subject to arrest and deportation. Any alien who forces DHS to arrest and remove them will never be allowed to return to the United States,” DHS warned.

DHS said that those leaving the United States are encouraged to use U.S. Customs and Border Protection’s CBP Home app 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, E-Verify issued related guidance on September 22, 2025, noting that Syria’s TPS designation and related benefits terminate on November 21, 2025, at 11:59 p.m. The guidance states that Form I-766, Employment Authorization Documents (EADs), with a category A12 or C19 and a Card Expires date of September 30, 2025; March 31, 2024; September 30, 2022; or March 31, 2021, issued under a prior TPS designation of Syria, expire on November 21, 2025. “Employers must reverify TPS Syria beneficiaries who presented these EADs before they start work” on November 22, 2025, the guidance notes.

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10. New $100,000 Fee on H-1B Entries b Presidential Proclamation, USCIS Clarifies

On September 19, 2025, President Trump issued a Presidential Proclamation requiring a $100,000 fee for certain H-1B petitions where the worker is outside the United States. Effective September 21, 2025, U.S. entry will be restricted unless the petition is accompanied by this payment. The restriction is temporary (12 months, through September 20, 2026) but may be extended.

The Proclamation does not end the H-1B program. Employers may continue to file extensions, amendments, and transfers for H-1B employees already inside the United States. Pending or approved petitions for workers who remain in the U.S. will not be subject to the new fee. However, international travel is strongly discouraged, as returning employees could face the new payment requirement. The Department of Homeland Security may exempt individuals, companies, or industries if employing H-1B workers is in the “national interest,” though the standard for these exemptions is not yet defined. Cap-exempt entities (universities, nonprofits) are not specifically carved out but may qualify under this exemption.

On September 20, 2025, USCIS Director Joseph Edlow issued a memorandum attempting to clarify implementation of the Proclamation. According to USCIS, the $100,000 fee applies only prospectively, to petitions not yet filed. The Proclamation does not apply to beneficiaries of petitions filed before the effective date, beneficiaries of approved petitions, or individuals holding validly issued H-1B visas.

Despite this clarification, key questions remain unanswered. The memorandum does not specify whether the fee applies to petitions requesting a change or extension of status, or a change of employer. It also leaves open the possibility that USCIS may attempt to limit the fee to cap-subject petitions in the FY27 lottery, but no confirmation has been provided. Moreover, the USCIS guidance departs from the Proclamation’s language, creating inconsistencies that heighten uncertainty.

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11. Trump Administration Unveils Gold and Platinum Immigration Plans

On September 19, 2025, the Trump administration announced a plan for three new immigration pathways: the Trump Gold Card, the Trump Corporate Gold Card, and the forthcoming Trump Platinum Card. These programs represent a departure from the traditional job-creating EB-5 immigrant investor model, introducing donation-based routes to existing employment-based green card categories.

The Trump Gold Card would allow individuals to qualify under the EB-1A “extraordinary ability” or EB-2 “national interest waiver” categories by making a nonrefundable $1 million donation to the U.S. government. Gold Card holders would be treated like other permanent residents, subject to worldwide taxation and reporting obligations, and their status could be revoked under the same rules that apply to immigrant visas.

For employers, the Trump Corporate Gold Card requires a $2 million donation to sponsor an employee. Sponsorship could be transferred between employees, though it remains unclear whether a transfer would be possible after the originally sponsored employee secures a green card.

The administration also previewed a Trump Platinum Card, which would involve a $5 million donation and allow recipients to spend up to 270 days in the United States annually without U.S. taxation on foreign income.

Implementation of these programs is expected within 90 days, but applications cannot yet be filed until the Department of Homeland Security and the Department of Commerce issue detailed procedures.

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12. Court Reinstates Venezuela’s 2023 TPS Designation

In a major ruling for hundreds of thousands of Venezuelans living in the U.S., the Ninth Circuit has upheld a district court decision restoring Venezuela’s 2023 Temporary Protected Status (TPS) designation. The court found that DHS Secretary Kristi Noem’s February 2025 attempt to vacate and terminate the country’s TPS status was “arbitrary and capricious” and exceeded her statutory authority under the Administrative Procedure Act.

The decision means that more than 300,000 Venezuelan nationals who rely on TPS protections—many of them spouses and parents of U.S. citizens—can remain shielded from deportation and maintain their work authorization until October 2, 2026. The court emphasized that DHS’s abrupt reversal ignored established procedures, failed to consult other agencies, and relied on pretextual reasoning rather than genuine country condition evidence.

USCIS has since confirmed that Venezuela’s 2023 TPS designation is reinstated, with protections and work authorization extended under the terms of that designation. Eligible Venezuelan nationals may continue to apply for or renew TPS, safeguarding their ability to live and work lawfully in the United States while conditions in Venezuela remain unsafe.

On Friday, September 19, 2025, the administration filed an emergency appeal with the U.S. Supreme Court. Separately, the 2021 TPS designation for Venezuela will terminate on November 7, 2025.

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13. State Department Puts a Price Tag on the Diversity Visa Lottery—One Dollar

The State Department has instituted a new rule for the Diversity Visa (DV) lottery: a $1 registration fee. Starting September 16, 2025, every hopeful entrant must pay the token charge at the time of registration.

Why the change? Officials say it’s about fairness—shifting the cost burden from the small group of winners to everyone who throws their name in the hat. Winners who advance in the process will still face the standard $330 visa application fee, but now even the long-shot dreamers must chip in. Payments will be processed through a secure government portal during registration, and applicants are urged to remain alert to scams, as the official U.S. government website is the only legitimate payment channel.

It’s a small fee with a big message: even the lottery of American opportunity has a cover charge.

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14. USCIS Unveils New Naturalization Civics Test

USCIS has announced the first changes in a planned multi-step overhaul of the naturalization process, reintroducing a revised civics test that will apply to applicants filing on or after October 20, 2025. Known as the 2025 Naturalization Civics Test, the update is a modified version of the 2020 test, which briefly replaced the long-standing 2008 version before being rolled back.

The new test expands the civics question bank from 100 to 128 possible questions. Applicants will be asked up to 20 questions and must answer at least 12 correctly to pass. Unlike in 2020, examiners will stop asking questions once an applicant has either passed or failed, streamlining the process.

USCIS has emphasized that the update is intended to provide a more comprehensive assessment of applicants’ knowledge of U.S. history and government, while also claiming that the process is uniform and fair. Updated study materials are now available on the USCIS website, and the agency will temporarily keep 2008 test resources online for those who filed before the transition.

This marks the first step in what the agency has described as a broader effort to “strengthen assimilation, promote a unified American identity, and safeguard the responsibilities of citizenship.” Future changes to the naturalization process are expected to follow.

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15. USCIS Announces First-Half FY 2026 H-2B Visa Cap Reached

U.S. Citizenship and Immigration Services (USCIS) has announced that the quota for H-2B non-agricultural worker visas for the first half of fiscal year 2026 has been reached on September 12, 2025. Employers seeking to hire H-2B workers for start dates between October 1, 2025, and March 31, 2026, who are subject to the cap can no longer file new petitions under that cap period.

However, certain petitions remain eligible: H-2B workers who are exempt from the cap, those changing employers, extending status, and other non-cap-subject petitions will still be considered.

Employers planning to use the H-2B program should monitor USCIS updates closely for when the second-half cap opens for April 1, 2026 employment start date.

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16. Egypt Reaches Diversity Visa Cap for FY 2025

The U.S. Department of State (DOS) announced that Egypt has reached its annual limit under the Diversity Visa (DV) Program for fiscal year 2025. As of September 15, no further DV-2025 visas will be issued to Egyptian nationals.

By law, no single country can receive more than seven percent of the 52,056 diversity visas available each fiscal year. Egypt hit that threshold on September 15^th, making it the first country to reach the cap for the 2025 program year.

DOS emphasized that selection in the lottery does not guarantee a visa. Each year, more individuals are selected than the number of visas available, to account for applicants who may not qualify or who decline to pursue the process.

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17. EB-5 Unreserved Visa Cap Reached for FY 2025: New Applications on Hold Until October

The U.S. Department of State has announced that the unreserved category of EB-5 immigrant investor visas has reached its annual limit for fiscal year 2025, effective as of mid-September. As a result, no new EB-5 unreserved visas will be issued by U.S. consulates or approved for adjustment of status until the new fiscal year begins on October 1.

This USCIS/DOS action affects the portion of the EB-5 program allocated under the unreserved visa categories (known by their codes C5, T5, I5, R5, RU, NU), which make up about 68% of EB-5 visas. It also includes unused reserved visas carried over from prior years, in accordance with the EB-5 Reform and Integrity Act of 2022.

For EB-5 applicants, this means that unless they are applying under one of the reserved subcategories (i.e. targeting rural areas, high-unemployment areas, or infrastructure projects), they must wait until October to proceed. The backlog remains heavy for nationals of countries with high demand; for example, the “Final Action Date” for China remains in December 2015, while India has advanced but is still subject to a long wait.

While the annual cap reflects steady demand for the investor-immigrant pathway, the pause underscores how quickly visa numbers are being exhausted. The reset on October 1 offers a fresh start, but applicants planning for EB-5 under unreserved categories are advised to act early and to explore set-aside categories that remain current to avoid delay.

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18. State Department Expands Visa Interview Waiver Eligibility; DHS Restores Hungary’s ESTA Eligibility

On September 18, 2025, the U.S. Department of State (DOS) announced an update to its interview waiver policy for nonimmigrant visa applicants, effective October 1, 2025. The policy expands consular officers’ authority to waive in-person interviews for certain low-risk applicants, such as renewals and specific visa categories, when local conditions permit. The DOS stated that all waivers will continue to be decided on a case-by-case basis, with national security and program integrity remaining priorities.

In a related development, the Department of Homeland Security (DHS) confirmed that Hungary’s eligibility for the Electronic System for Travel Authorization (ESTA) has been restored. Hungarian nationals are once again able to apply for travel to the United States under the Visa Waiver Program, which allows short-term visits without first obtaining a visa. AILA noted that the reinstatement follows diplomatic discussions and reflects Hungary’s compliance with U.S. security requirements.

Both agencies emphasized that travelers should review official updates and consult the relevant websites before making plans, as policies remain subject to change.

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19. Korean Worker Detentions Revive Questions Over B-1 Visa Use

The detention and swift removal of hundreds of South Korean workers at a Georgia electric vehicle battery plant this month has reignited debate over the use of short-term business visas for activities that edge into unauthorized employment. The workers, many of whom had entered the United States on business visitor visas or under the visa waiver program, were assisting with equipment installation and project setup when U.S. immigration authorities intervened. Within days, most were returned to South Korea, prompting diplomatic concern and raising alarms about the chilling effect such enforcement actions could have on future investment in U.S. manufacturing projects.

The controversy highlights a longstanding tension in immigration law: the B-1 visa is intended for limited activities like meetings, supervision, or training, but the line between permissible “business” and prohibited “work” has often been contested. Companies argue that short-term technical roles are essential to launching major projects, while regulators view such practices as a circumvention of employment-authorized visas.

This is not a new issue. In 2013, the Indian IT firm Infosys faced one of the largest immigration settlements in history—$34 million—over allegations it used B-1 visas to bring foreign employees to the United States for work assignments that should have required H-1B visas. Although criminal charges were ultimately dropped, the case underscored how reliance on business visas for project-critical labor has long been scrutinized by U.S. authorities.

Without clearer rules or new options for short-term technical work, coupled with an enforcement-first administration in the White House, companies may reconsider testing the limits of business visas, or may avoid bringing manufacturing projects to the United States altogether.

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20. A Field of Dreams for California Immigrants

In this New York Times article, read about the rolling acres of Sonoma County, where pinot noir and chardonnay vines stretch toward the horizon, there lies a baseball diamond—carved not by the major leagues, but by the calloused hands of vineyard workers. For more than two decades, it has been a sanctuary where laborers, line cooks, electricians, and the like have traded their gloves of toil for leather mitts, finding in the crack of a wooden bat a reprieve from life’s heavier burdens.

But this year, the Vinedos (or the Vineyards), members of the amateur Bay Area Latin League, struggled to field a complete roster. Fear has crept in alongside the vines. With the return of ICE raids under a new administration, many players stay home, wary of a knock on the door or a shadow in the parking lot.

Still, the field remains. Manuel Vallejo, the vineyard manager who first dreamed it into existence, tends both grapes and game, knowing the two are bound by the sweat of immigrant labor. Young men like Ervin, a Nicaraguan asylum seeker, come to the field to forget their peril, if only for a few innings. “When I’m on the baseball field, I forget about everything,” he says.

In the waning summer light after another game, with ranchera songs drifting and an American flag fluttering near home plate, the game endures, fragile and fleeting, but no less sacred. For in this vineyard field of dreams, baseball is not just a sport. It is therapy. It is resistance. It is hope.

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21. AVITS Now Features Real-Time DS-160 Validation

The American Immigration Lawyers Association (AILA) recently issued a practice alert highlighting a new feature in the Department of State’s AVITS visa scheduling system: real-time DS-160 validation. Rolled out in collaboration with DOS, the tool instantly cross-checks applicants’ DS-160 number, passport, and date of birth against the Consular Electronic Application Center (CEAC).

If the information matches and the DS-160 hasn’t already been used, applicants can move forward seamlessly with fee payment and scheduling. If not, they’ll be prompted to verify their details in CEAC before trying again. This change aligns with the DOS’s earlier requirements that DS-160s be submitted at least two business days before an interview, and mirrors similar systems like Yatri and Traveldocs. In essence, this new tool means fewer surprises later in the process.

While the feature aims to streamline scheduling and reduce errors, practitioners should be prepared for some hiccups as the system continues to roll out. Applicants may encounter interruptions if the validation fails, making it important to double-check information before submission.

As AVITS continues to evolve, real-time DS-160 validation is a step towards greater efficiency in consular processing. While the adjustment period may bring some initial bumps, the long-term goal is a smoother, more reliable visa scheduling experience for applicants and practitioners alike.

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22. USCIS NTAs During the H-1B 60-Day Grace Period

AILA reports an increase in Notices to Appear (NTAs) issued when an employer withdraws an H-1B petition, even when a change-of-employer (COE) or change-of-status (COS) petition has been timely filed within the grace period. The 60-day grace period was intended as a safeguard under 8 CFR § 214.1(l)(2), in which H-1B professionals who lose their jobs can remain in the United States for up to 60 days to find new employment or change status without being considered out of status. Yet recent practice shows that this protection is fraying. The withdrawal step, required to end an employer’s wage obligations, now sometimes ironically triggers the very removal notice it was meant to prevent.

USCIS points to a February 2025 policy memo expanding its authority to issue NTAs when petitions are denied or revoked. But the memo also emphasized discretion. The legal mismatch is striking. H-1B portability under AC21 allows a worker to start for a new employer once a non-frivolous petition is filed. Immigration judges often dismiss these NTAs because the workers remain legally present and authorized for employment. But by then, the damage is done: careers disrupted, travel plans frozen, and families put through needless fear.

By treating workers with pending, bona fide filings as potentially out of status, USCIS is reshaping a long-standing protection for high-skilled workers. At minimum, this overreach not only chills hiring, but also signals to global talent that the United States is a risky place to stake a career. Until the agency realigns with its own rules, the 60-day grace period remains less a cushion than a trap waiting to ensnare.

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23. October 2025 Visa Bulletin Released with Notable Progress

The October 2025 Visa Bulletin has been released, marking the start of a new fiscal year and a reset of annual visa limits. USCIS has announced that applicants should use Chart B (Dates for Filing) this month for both employment-based and family-sponsored categories. This means many individuals may be eligible to file adjustment of status applications sooner, unlocking benefits like work and travel authorization while they wait for their green card.

Highlights include forward movement across most employment-based categories, with particularly meaningful relief for Indian nationals in EB-2, EB-3, and EB-5. EB-1 remains current for most countries, creating opportunities for faster filings, while EB-5 set-aside categories remain fully current worldwide. However, EB-5 Unreserved for China has retrogressed by three months. Family-sponsored categories also see modest but steady progress.

Employers should take advantage of this early-year momentum to reassess immigration strategies, move quickly on pending cases, and identify employees who may now be eligible to file. Employees should confirm their eligibility and prepare documentation to file promptly. Acting now can reduce uncertainty and secure valuable interim benefits while waiting for green card approval.

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24. DOS Ends Third-Country Nonimmigrant Visa Appointments

On September 6, 2025, the Department of State (DOS) announced that nonimmigrant visa (NIV) applicants generally must schedule their appointments at the U.S. embassy or consulate in their country of nationality or residence. Third-country visa appointment scheduling is generally no longer permitted, with limited exceptions. Applicants must be able to demonstrate legal residence in the country where they are applying, if eligibility is based on residency.

DOS updated instructions on its website over the weekend accordingly. Applicants with existing NIV appointments that were scheduled before the September 6 update will generally not be canceled, but going forward, applicants who apply outside their country of nationality or residence “might find it more difficult to qualify for the visa,” DOS said, and visa fees will not be refunded or transferred. Applicants who need to apply outside their country of nationality or residence should expect longer wait times. Nationals of countries without routine NIV operations must apply at a designated U.S. embassy or consulate as listed in the chart on the DOS website.

DOS outlined exceptions for applicants seeking A, G, C-2, C-3, NATO visas, diplomatic/official visas, or travel under the UN Headquarters Agreement. Limited exceptions may also apply for humanitarian, medical, or foreign policy reasons.

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25. Annual Cap Reached for EB-1 Immigrant Visas; October Visa Bulletin Released; Religious Workers Category to Expire

On September 8, 2025, the Department of State (DOS) announced that all immigrant visas in the Employment-Based First Preference (EB-1) category for Fiscal Year (FY) 2025 have been issued. As a result, U.S. embassies and consulates could not issue additional immigrant visas in the EB-1 category until the start of FY 2026 on October 1, 2025. This follows a similar announcement by DOS regarding immigrant visas in the EB-2 category last week.

DOS has released the October Visa Bulletin. As of October 1, 2025, new visa numbers became available, and processing resumed for qualified applicants, including those in the EB-1 category.

The Visa Bulletin for October also notes that the E-4 Certain Religious Workers (SR) category expired on September 30, 2025. No SR visas could be issued overseas, or final action taken on adjustment of status cases, after midnight on September 29, 2025. Visas issued before that date were valid only until September 29, 2025, and all individuals seeking admission in the non-minister special immigrant category must have been admitted into the United States by midnight on September 29, 2025.

The bulletin notes that the SR category is listed as “Unavailable” for all countries for October. If Congress extends the category, DOS said “it is likely it will become available effective immediately.”

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26. Supreme Court Says Government Can Continue to Detain People in Los Angeles Area for Now; Sotomayor Dissents

On September 8, 2025, the Supreme Court granted, without explanation, an application for stay of a district court’s injunction in Noem v. Perdomo, a case that challenged immigration officers’ practice of detaining individuals in the Los Angeles area based on characteristics such as their apparent race or ethnicity, whether they spoke Spanish or English, the location where they were found (such as a car wash or bus stop), and the type of job they appeared to work. The stay means that the federal government can continue to stop and detain people under these conditions in Los Angeles while litigation continues.

Justice Brett Kavanaugh concurred. He said there was illegal immigration in the Los Angeles area in “extraordinary numbers” and that U.S. immigration officers therefore have prioritized immigration enforcement there. “The Government sometimes makes brief investigative stops to check the immigration status of those who gather in locations where people are hired for day jobs; who work or appear to work in jobs such as construction, landscaping, agriculture, or car washes that often do not require paperwork and are therefore attractive to illegal immigrants; and who do not speak much if any English,” he said. “If the officers learn that the individual they stopped is a U. S. citizen or otherwise lawfully in the United States, they promptly let the individual go. If the individual is illegally in the United States, the officers may arrest the individual and initiate the process for removal.”

Justice Sonia Sotomayor dissented, noting that during the raids, “teams of armed and masked agents pulled up to car washes, tow yards, farms, and parks and began seizing individuals on sight, often before asking a single question,” in some cases handling people roughly and detaining them. She said people, including U.S. citizens, also were taken from Home Depots, tow yards, farms, recycling centers, churches, and parks. She noted that the federal government’s practices have intimidated people in the area and that the government is likely violating the Fourth Amendment and relying solely on generalizations that treat large segments of the population with suspicion. “The Government, and now the concurrence, has all but declared that all Latinos, U. S. citizens or not, who work low wage jobs are fair game to be seized at any time, taken away from work, and held until they provide proof of their legal status to the agents’ satisfaction.” Justice Sotomayor opined, “We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job. Rather than stand idly by while our constitutional freedoms are lost, I dissent.”

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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

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ABIL Member / Firm News

Janice Flynn was quoted by the Washington Post, the Mumbai Mirror, and The Week. She said that the new changes would “freeze the ability for people or for companies to bring in skilled labor into the United States.” She said the changes will be felt hardest by small- and medium-size businesses. She noted that they could also cut off the pipeline of U.S.-trained talent and lead companies to consider whether they want to be based in the United States.

Loan Huynh was quoted by MPR News in Trump’s $100K H-1B Visa Fee Could Hit Major Minnesota Companies, Institutions. She said, “This fee will make it nearly impossible for many employers to sponsor foreign national workers that they desperately need.” She noted that companies may try to seek waivers, but the rules are unclear.

Klasko Immigration Law Partners, LLP, has published several client alerts, Project Firewall Launched Targeting H-1B Program Compliance, DOS Ends Third-Country Nonimmigrant Visa Appointments, and Annual Cap Reached for EB-1 Immigrant Visas; Issuance Paused Until October 1.

Klasko Immigration Law Partners, LLP, announced the hire of a new Senior Associate to their Individual Case Unit team.

Charles Kuck was quoted by the Washington Post in Indian Students Say New Social Media Scrutiny Cost Them U.S. Visas. Mr. Kuck said, “This is the kind of stuff that totalitarian regimes engage in.” He also noted that getting approved for a visa after being rejected once is “highly unlikely. Not while Donald Trump is president.”

Mr. Kuck was profiled by Atlanta Magazine in We Spent an Emotional Day With One of Atlanta’s Top Immigration Attorneys. Here’s Why He Says the System Doesn’t Work. Among other things, he said, “There’s nothing about our immigration system that works. It doesn’t work for deporting the right people, and it doesn’t work for getting the right people here. But this is all fixable. Congress can fix all of it tomorrow.”

Mr. Kuck was quoted in many media outlets regarding the U.S. Immigration and Customs Enforcement (ICE) raid on a Georgia Hyundai plant. A representative sample is below:

• After High-Profile ICE Raid, Trump Reportedly Wants Korean Workers to Stay in U.S. (Time Magazine). Mr. Kuck, who represents seven of the detained South Koreans, disputed ICE’s claim that those arrested in the raids were “found to be working illegally.” Mr. Kuck said his clients entered through either the S. Electronic System for Travel Authorization (ESTA) program or the B-1 temporary business visitor visa program. The article notes that earlier he had told the Associated Press that many of the workers “were either there as engineers or were involved in after-sales service and installation.” He told Reuters that “[t]he vast majority of folks, including the ones I represent, should never have been detained.”
• Anger Mounts in Korea as Release of Workers Detained in Georgia is Delayed (New York Times). Mr. Kuck commented on where the South Korean detainees were being held at the ICE processing center in Folkston, Georgia. He said the private prison is unclean, poorly run, and unpleasant to be in. “It is jail,” he said.
• Lawyer Says Many Immigrants Detained at Hyundai U.S. Facility Appeared to be Working Illegally (Reuters). Mr. Kuck said the workers he represents were legally allowed to engage in specific work that was outlined in letters attached to their applications, including installing and calibrating battery equipment. “It was more detailed than some of the letters that I’ve written for clients in similar situations,” he said. “The vast majority of folks, including the ones I represent, should never have been detained.” He said that in addition to South Korean workers, he was also representing two Mexicans with valid work permits through the Deferred Action for Childhood Arrivals program and a Colombian asylum seeker with a valid work permit. “They just arrested everyone who wasn’t a citizen or a resident and figured they would sort it out later,” he said.
• Metro Atlanta Korean-Americans Respond to Immigration Raid in Southeast Georgia (Atlanta News First). He said many of the workers were engineers and installers who would have been gone in a few months.
• South Korea Says a Charter Plane Carrying South Korean Workers Will Leave Atlanta at Thursday Noon (11 Alive). He said that no company in the United States makes the machines used in the Georgia battery plant, so the workers had to come from abroad to install or repair equipment on site—work that would take about three to five years to train someone in the United States to do.
• Flight Repatriating South Koreans Detained by U.S. Immigration Authorities Departs Atlanta (YouTube/CNN).
• South Korean Workers Detained in Immigration Raid Leave Atlanta and Head Home (YouTube/WBNS 10TV).
• South Korean Detainees Ready to Leave U.S., Despite Pres. Trump Seeking Ways to Let Them Stay (YouTube/Arirang News).
• After Georgia Hyundai ICE Raid, Asians Say Fear Exists in Community (YouTube/11 Alive).
• Immigration Attorney Representing Workers Detained in Hyundai Raid Speaks Out (MSNBC).
• Attorney Says Detained Korean Hyundai Workers Had Special Skills for Short-Term Jobs (Politico).

Cyrus Mehta and Kaitlyn Box co-authored several new blog posts: Trump’s Reshaping of the H-1B Visa in the Manner He Chooses is Further Demonstration of Authoritarianism and BIA Grasps for Loper Bright Like a Drowning Person Grasps for Straws.

Mr. Mehta was quoted by Newsweek in Trump’s H1-B Visa Move Sparks Alarm for Thousands of U.S. Businesses. He said, “The $100,000 supplemental fee [for new H-1B applications] will completely eviscerate the H-1B program, and it would just impede and discourage employers from hiring H-1B workers.” He noted that the combination of the fee and the Trump administration’s proposal to weight selection by salary “would be a total disincentive for graduates to get hired in the U.S.” He also pointed to the chaos immediately following the proclamation: “A lot of people tried to rush back to the U.S. … and that was completely unwarranted. We also heard about H-1B workers who were on a flight leaving the U.S. … they came out of the flight … after hearing the news in the cabin itself.” Mr. Mehta also echoed frustrations about the lack of guidance. He said attorneys have been inundated with client questions but cannot provide definitive answers: “It was done so incompetently that there was no clarity at all. We are getting all kinds of tricky questions, and it’s very hard to give advice with certainty.” He added, “I just don’t see how an employer would be willing to hire a grad and pay the $100,000 filing fee.”

Regarding Friday’s Presidential Proclamation on H-1B entry restrictions and fee, Mr. Mehta was quoted in this Forbes article, this Times of India article on the relief to H-1B workers, and this separate Times of India article about the prohibitive fee.

Mr. Mehta was quoted in this Times of India article: BIA Ruling Ends Bond for Illegal Entrants in US – But Overstays and Laid Off H-1Bs Still Eligible, as well as this Law360 article.

Angelo Paparelli, of Seyfarth Shaw LLP, was quoted by Newsweek in Trump’s H1-B Visa Move Sparks Alarm for Thousands of U.S. Businesses. He said, “This proclamation lacks the factual predicate … justifying the determination that the H-1B entry ban is in the national interest.” He noted that the Trump administration’s proposal “does not say how the $100,000 fee will be paid, where the $100,000 fee will be deposited and how it will be spent.” Mr. Paparelli also highlighted practical concerns, such as how employers could make such large payments especially given that U.S. Citizenship and Immigration Services no longer accepts paper checks. “Most credit cards have limits that are far less than the $100,000 fee,” he noted. Mr. Paparelli predicted that if the measure survives in court, it “would have major adverse impacts on the H-1B program, and force U.S. employers to consider recruiting fewer noncitizens here or seek more welcoming immigration options in other countries.” He added, “The September 19, 2025, proclamation equates layoffs with abuse—a false conflation.”

Stephen Yale-Loehr, of Miller Mayer, LLP, was quoted by America’s Voice in Bad Bunny Hops Over U.S. on World Tour, Cites ICE Fears. In a quote from The Hill that was included in this article, he said, “Hosting global events is more than a point of pride—it’s a test of openness, security and competence. A successful World Cup and Olympics would show the world that the U.S. remains dynamic, open and capable. But if fear and red tape define the visitor experience, we would send another message entirely: America isn’t worth the trouble.”

Mr. Yale-Loehr was quoted by Newsday in ICE Arrests: What’s the Agency’s Legal Burden for Making Them? He noted that by more widely applying a law dating to the Clinton era, the Trump administration can quickly deport an immigrant who has been in the United States for less than two years “rather than having to wait to go through the clogged immigration court system.”

Mr. Yale-Loehr authored an op-ed published by Slate: Trump’s Invisible Border Wall.

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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
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In this issue:

1. DOS Updates Policy to Require In-Person Interviews for Most Nonimmigrant Visas – Effective September 2, 2025, the categories of applicants who may be eligible for a waiver of the nonimmigrant visa interview will be updated. All nonimmigrant visa applicants generally will require an in-person interview with a consular officer, with a few exceptions.

2. Judge Postpones TPS Termination for Honduras, Nepal, and Nicaragua – The termination of Temporary Protected Status for Honduras, Nepal, and Nicaragua is postponed until at least November 18, 2025, when a hearing on the merits will be held.

3. ICE Says Small Businesses and Others Are Free to Question ICE Policies Without Fear of Retaliation – U.S. Immigration and Customs Enforcement recently released an undated Non-Retaliation Policy Statement.

4. E-Verify Updates Guidance for Employers Following District Court Order on Haiti TPS – The update includes instructions for employers on requirements for the I-9 process and reverification of work authorization for affected employees.

5. SAVE Releases Updated Guide to Understanding SAVE Verification Responses – The guide introduces seven new responses when a Systematic Alien Verification for Entitlements (SAVE) case is created using a Social Security Number as the applicant’s enumerator, along with enhanced narratives to explain existing SAVE verification responses more clearly.

6. Birthright Citizenship Update: Trump Restrictions Blocked, Implementation Plan Developed – In the ongoing battle over birthright citizenship, there have been several new developments, including a ruling in the Ninth Circuit and development of an implementation plan by U.S. Citizenship and Immigration Services.

7. ‘One Big Beautiful Bill Act’ Introduces New $250 ‘Visa Integrity Fee’; USCIS Releases List of Fees – The new fee will be charged to individuals applying for a nonimmigrant visa at the time of visa issuance. Also, U.S. Citizenship and Immigration Services announced its new fees.

8. DOS Announces Investigation of Harvard’s Participation in Exchange Visitor Program – The Department of State is investigating Harvard University’s “continued eligibility as a sponsor” for the Exchange Visitor Program.

9. DOS Updates Visa Reciprocity Schedules, Reduces Validity Period for Nonimmigrant Visas – The Department of State has updated the visa reciprocity schedules for more than 50 countries, significantly reducing the validity period for nonimmigrant visas.

10. OFLC Announces Changes in Email Addresses for National Processing Centers – The new email addresses will be rolled out online and in letter and email templates over the coming months.

11. USCIS To Increase Fees for Various Immigration-Related Applications and Benefits – Applicants must submit the new fees with benefit requests postmarked on or after July 22, 2025. U.S. Citizenship and Immigration Services said it will reject any form postmarked on or after August 21, 2025, without the proper fees.

12. August Visa Bulletin Includes Updates, Retrogressions, Predictions – The Department of State’s Visa Bulletin for August 2025 includes updates on the retrogression of the EB-2 Rest of World category, and visa availability in the EB-3 and Other Workers categories and the EB-5 Unreserved categories for India and China.

13. H-1B Cap Reached for FY 2026; New H-1B Proposed Rule Will Prioritize Higher Salaries – U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2026. Also, USCIS plans to propose a new rule for review that would resurrect the first Trump administration’s efforts to prioritize higher salaries in the H-1B selection process.

14. USCIS Implements Supreme Court Order on 2023 Venezuela TPS Designation – U.S. Citizenship and Immigration Services released instructions implementing a Supreme Court emergency stay in National TPS Alliance v. Noem for Venezuelan Temporary Protected Status (TPS) beneficiaries who received certain TPS-related documentation on or before February 5, 2025.

15. E-Verify Allows Employees to Opt Out of E-Verify+ – A new feature allows employees to opt out of the E-Verify+ process and complete a traditional Form I-9 and E-Verify case instead.

16. E-Verify Updates Status Change Report – The new Status Change Report now includes an additional “Revoked Document Number” field.

17. USCIS Requires New Edition of Nonimmigrant Worker Petition as of July 30 – As of July 30, 2025, U.S. Citizenship and Immigration Services is requiring the new January 20, 2025, edition of Form I-129, Petition for a Nonimmigrant Worker. Until that date, the January 17, 2025, edition was also acceptable.

18. Joseph Edlow Confirmed as USCIS Director – On July 15, 2025, the U.S. Senate confirmed Joseph Edlow as director of U.S. Citizenship and Immigration Services.

19. DOL Requires Work Authorization for Participants in Workforce Innovation and Opportunity Act Programs – On July 10, 2025, the Department of Labor’s Employment and Training Administration issued guidance requiring that all participants under Workforce Innovation and Opportunity Act programs have authorization to work in the United States. For individuals whose work authorization is temporary, grantees “must verify their continued work authorization at a reasonable interval determined by when their temporary authorization is expected to expire, but no less than once every three months.”

20. DOJ Raises Penalty Fees for Certain Immigration-Related Violations – As part of the Department of Justice’s (DOJ) adjustments of various civil monetary penalties assessed or enforced by DOJ components, the agency issued a final rule raising penalty fees for certain immigration-related violations. The rule, effective July 3, 2025, applies to violations occurring after November 2, 2015.

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 – August 2025

1. DOS Updates Policy to Require In-Person Interviews for Most Nonimmigrant Visas

On July 25, 2025, the Department of State (DOS) announced that effective September 2, 2025, the categories of applicants who may be eligible for a waiver of the nonimmigrant visa interview will be updated. According to the new policy, all nonimmigrant visa applicants, including applicants under the age of 14 and over the age of 79, generally will require an in-person interview with a consular officer except:

• Applicants classifiable under the visa symbols A-1, A-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1;
• Applicants for diplomatic or official-type visas; and
• Applicants renewing a full validity B-1, B-2, B1/B2 visa or a Border Crossing Card/Foil (for Mexican nationals) within 12 months of the prior visa’s expiration, and who were at least 18 years old at the time of the prior visa’s issuance.

To be eligible for an interview waiver based on the third bullet point above (applicants renewing a full validity B-1, B-2, B1/B2 visa or a Border Crossing Card/Foil for Mexican nationals), DOS said, applicants must also meet certain criteria, including that they:

• Apply in their country of nationality or residence;
• Have never been refused a visa (unless such refusal was overcome or waived); and
• Have no apparent or potential ineligibility.

Consular officers may still require in-person interviews on a case-by-case basis for any reason, DOS noted. Applicants should check embassy and consulate websites for more detailed information.

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2. Judge Postpones TPS Termination for Honduras, Nepal, and Nicaragua

On July 31, 2025, U.S. district court judge Trina Thompson, of the Northern District of California, postponed the termination of Temporary Protected Status (TPS) for Honduras, Nepal, and Nicaragua until at least November 18, 2025, when a hearing on the merits will be held.

Among other things, the judge said that plaintiffs were likely to succeed on their Fifth Amendment claim. The judge determined that there was sufficient evidence demonstrating “racial and discriminatory animus” in support of plaintiffs’ Fifth Amendment claim, adding that “[c]olor is neither a poison nor a crime.” The judge also noted the economic effects of termination of TPS on the United States, among other public interest considerations: “Termination of TPS for Nepal, Honduras, and Nicaragua will result in a $1.4 billion loss to the United States economy.” Citing statistics that approximately 87% of TPS holders in the United States participate in the labor force, a substantially higher rate than the U.S. labor force participation rate overall (about 62%), the judge said that the TPS terminations would result in reductions in tax revenue as well as Social Security and Medicare payments.

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3. ICE Says Small Businesses and Others Are Free to Question ICE Policies Without Fear of Retaliation

U.S. Immigration and Customs Enforcement (ICE) recently released an undated Non-Retaliation Policy Statement. The statement says that ICE “is committed to upholding standards of fair regulatory enforcement practices, where small businesses and others are free to question, raise concerns, or otherwise comment on ICE actions or policies without fear of retaliation,” and that ICE “will thoroughly investigate any allegations of retaliation and take appropriate corrective action.”

The statement notes that “filing a complaint with the Office of the National Ombudsman will not stop or delay investigations and legal or administrative proceedings as part of the Agency’s ongoing responsibility to enforce Federal laws under its jurisdiction.”

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4. E-Verify Updates Guidance for Employers Following District Court Order on Haiti TPS

E-Verify has released an update related to compliance with a district court order on the designation of Haiti for Temporary Protected Status (TPS). The update includes instructions for employers on requirements for the I-9 process and reverification of work authorization for affected employees.

The announcement notes that on July 1, 2025, DHS terminated the designation of Haiti for TPS. Haiti’s TPS designation and related benefits were set to terminate on September 2, 2025, but on July 15, 2025, the U.S. District Court for the Eastern District of New York issued a final judgment in Haitian Evangelical Clergy Ass’n v. Trump that that sets the effective date of any termination no earlier than February 3, 2026.

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5. SAVE Releases Updated Guide to Understanding SAVE Verification Responses

The Systematic Alien Verification for Entitlements (SAVE) program has released an updated Guide to Understanding SAVE Verification Responses. The guide introduces seven new responses when a SAVE case is created using a Social Security number (SSN) as the applicant’s enumerator, along with enhanced narratives to explain existing SAVE verification responses more clearly.

When a SAVE case is created using the benefit applicant’s name, date of birth, and Social Security Number, the initial verification will now provide one of the following responses:

• United States Citizen (per Social Security Administration [SSA] Record);
• United States National;
• Immigration Enumerator Required – Resubmit with Additional Information;
• No Record Found with SSA – Resubmit with Additional Information;
• Unable to Return Record from SSA – Resubmit with Additional Information;
• Full Social Security Number Required– Resubmit with Additional Information; or
• Deceased (per SSA Record).

According to SAVE, the updated guide is available within SAVE at SAVE> Help> Resources.

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6. Birthright Citizenship Update: Trump Restrictions Blocked, Implementation Plan Developed

In the ongoing battle over birthright citizenship, there have been several new developments, including a ruling in the Ninth Circuit and development of an implementation plan by U.S. Citizenship and Immigration Services (USCIS). Below are highlights:

Ninth Circuit blocks restrictions. Even after the Supreme Court’s June 2025 ruling, the U.S. Court of Appeals for the Ninth Circuit recently ruled that the Trump administration’s Executive Order restricting birthright citizenship is unconstitutional “because it contradicts the plain language of the Fourteenth Amendment’s grant of citizenship to ‘all persons born in the United States and subject to the jurisdiction thereof.’ ”

Trump administration develops implementation plan to limit birthright citizenship. USCIS has developed an implementation plan, in case federal courts allow the Executive Order to go into effect. That plan would base the status of babies born to certain immigrants and nonimmigrants in the United States on the temporary immigration status, or lack of immigration status, of their mothers.

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7. ‘One Big Beautiful Bill Act’ Introduces New $250 ‘Visa Integrity Fee’; USCIS Releases List of Fees

The recently enacted “One Big Beautiful Bill Act” (H.R. 1) introduces a new $250 “Visa Integrity Fee” for nonimmigrants, among other fees. The Visa Integrity Fee is intended to boost funding for the Department of Homeland Security (DHS) and Immigration and Customs Enforcement to support increased immigration enforcement activities. The new fee will be charged to individuals applying for a nonimmigrant visa at the time of visa issuance. The legislation includes provisions that allow the DHS Secretary to raise the fee as needed and increase the fee based on inflation. There is not a set date on which the fee will be enacted.

Those required to pay the fee will include:

• Employment-based workers and their dependents: H-1B, H-4, L-1, L-2, TN, TD, O-1, O-3, P
• Students and their dependents: F-1, F-2
• Exchange visitors and their dependents: J-1, J-2
• Visitors: B-1, B-2

Entering the United States under the Visa Waiver Program would not be subject to the visa integrity fee. There are no exceptions to the fee, which cannot be reduced. However, the legislation allows for reimbursement in certain circumstances after the period of admission has expired.

Also, U.S. Citizenship and Immigration Services published a notice on July 22, 2025, announcing the agency’s new fees, to whom those fees apply, when the new fees take effect, instructions on their payment, when and if the fees may be waived, and consequences of the failure to pay.

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8. DOS Announces Investigation of Harvard’s Participation in Exchange Visitor Program

On July 23, 2025, the Department of State (DOS) announced an investigation into Harvard University’s “continued eligibility as a sponsor” for the J-1 Exchange Visitor Program.

The announcement referenced national security concerns generally but provided no specifics on why Harvard was being investigated. According to reports, Secretary of State Marco Rubio gave Harvard one week to provide many university records related to the visa program. Mr. Rubio also said DOS will interview university staff and visa holders. Harvard said the investigation was “another retaliatory step” in violation of the university’s First Amendment rights. Harvard said it would “protect its international community and support them as they apply for U.S. visas and travel to campus this fall.”

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9. DOS Updates Visa Reciprocity Schedules, Reduces Validity Period for Nonimmigrant Visas

The Department of State (DOS) has updated the visa reciprocity schedules for more than 50 countries, significantly reducing the validity period for nonimmigrant visas. Foreign nationals from affected countries will now be issued visas only for a period of three months and for a single entry. The affected visa categories include B (tourist), F (student), H (specialty occupation temporary worker), J (exchange visitor), M (student), and O (extraordinary ability). Previously, nonimmigrant visa validity periods may have been 12 months or longer and for multiple entries.

Foreign nationals with multiple citizenships are subject to the corresponding reciprocity schedule of the country that issued the passport used for the visa application. Visas issued before the change in reciprocity should not be affected and should retain their original validity.

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10. OFLC Announces Changes in Email Addresses for National Processing Centers

The Department of Labor’s Office of Foreign Labor Certification is changing the mailing address for all its programs to: Office of Foreign Labor Certification, 200 Constitution Avenue, NW, Room N-5311, Washington, DC 20210. As a follow-up to this process, on July 25, 2025, OFLC announced a change to the naming conventions for all email addresses currently used for help desks.

The new email addresses will be rolled out online and in letter and email templates over the coming months, OFLC said. To ensure minimum disruption, the old addresses will remain valid and usable during this transition. OFLC encourages users to reference the OFLC official page and the Foreign Labor Application Gateway processing site to monitor the changes.

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11. USCIS To Increase Fees for Various Immigration-Related Applications and Benefits

On July 18, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it planned to publish a Federal Register notice on July 22, 2025, to raise fees for various immigration-related forms, benefits, statuses, petitions, applications, and requests administered by multiple government agencies.

Applicants must submit the new fees with benefit requests postmarked on or after July 22, 2025. USCIS said it will reject any form postmarked on or after August 21, 2025, without the proper fees.

The new fees include, among others:

• A new fee of $100 for individuals who file Form I-589, Application for Asylum and for Withholding of Removal.
• An annual asylum fee of $100 (which must be paid online) for all individuals with a pending Form I-589 for each calendar year their application remains pending.
• A new fee for individuals who file Form I-765, Application for Employment Authorization, for asylum, parolee, and Temporary Protected Status (TPS) categories. The categories are (a)(4), (a)(12), (c)(8), (c)(11), (c)(19), and (c)(34). The fees are:

• A new Special Immigrant Juvenile fee of $250 for any individual who files a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, as a special immigrant juvenile.
• Increasing the maximum cost to register for TPS using Form I-821, Application for Temporary Protected Status, from $50 to $500.

Any person who filed or files a Form I-589 after October 1, 2024, that remains pending with USCIS for 365 days must pay the annual asylum fee as of the one-year anniversary of their filing date and each year thereafter that the application remains pending.

USCIS also noted that for parolees, initial work authorization is valid for a period of no more than one year or for the duration of the person’s parole, whichever is shorter. For those with TPS, initial and renewal work authorizations are valid for no more than one year or for the duration of the person’s TPS status, whichever is shorter.

USCIS said that the Department of Homeland Security will announce implementation of fees not covered in this notice in a future action. Several forms have associated fee changes that are not included in this notice, including Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, and Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document.

The Executive Office for Immigration Review also issued a memorandum with a list of updated fees, including a $2,940 fee for Form I-485, Adjustment of Status.

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12. August Visa Bulletin Includes Updates, Retrogressions, Predictions

The Department of State’s (DOS) Visa Bulletin for August 2025 includes the following updates:

Retrogression in EB-2 category for Rest of World, possible unavailability soon. The EB-2 final action date for Rest of World countries has been retrogressed. The bulletin notes that the annual limit likely will be reached in August, if not sooner. If the limit is reached, the preference category will become unavailable.

Visa availability in EB-3 and Other Workers categories. Visa issuance totals for the EB-3 and EW (Other Workers) categories are approaching the annual limits for FY-2025 in those categories. The bulletin states that either retrogression of the final action dates or making the categories “Unavailable” in September, if not sooner, is likely.

Visa availability in EB-5 Unreserved category for China. The August bulletin notes that in the April 2025 bulletin, the EB-5 Unreserved final action date for China was retrogressed. In the months that followed, EB-5 number use has not materialized to the degree that was expected. Consequently, the EB-5 Unreserved final action dates for China have advanced to allow continued EB-5 Unreserved number use. The bulletin notes that if the annual limit is reached, the preference category will become unavailable.

Visa availability in EB-5 Unreserved category for India. Similar to the Unreserved category for China, the August bulletin notes that in the April 2025 bulletin, the EB-5 Unreserved final action date for India was retrogressed. DOS expects that India will have unused family sponsored preference numbers that “can fall down for use in the employment-based categories, including EB-5 Unreserved.” As a result, the final action date for EB-5 Unreserved has been advanced to use these available numbers. The bulletin notes that if the annual limit is reached, the preference category will become unavailable.

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13. H-1B Cap Reached for FY 2026; New H-1B Proposed Rule Will Prioritize Higher Salaries

H-1B cap reached. On July 18, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it had received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2026.

USCIS said it will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap numbers, are exempt from the FY 2026 H-1B cap. USCIS will continue to accept and process petitions filed to:

• Extend the amount of time a current H-1B worker may remain in the United States;
• Change the terms of employment for current H-1B workers;
• Allow current H-1B workers to change employers; and
• Allow current H-1B workers to work concurrently in additional H-1B positions.

New H-1B proposed rule. USCIS plans to propose a new rule for review by the Office of Management and Budget’s Office of Information and Regulatory Affairs. The rule would resurrect the first Trump administration’s efforts to prioritize higher salaries in the selection process for H-1B positions.

Details of the new proposed rule have not yet been released, but during the first Trump administration, objections to a similar rule ranged from statutory concerns to the observation that newly minted graduates at lower salaries might be more highly skilled than those with higher salaries due to tenure or seniority, and that prioritizing the latter based on salary alone would prevent employers from hiring highly qualified recent graduates and prevent start-ups from being able to afford to hire top talent.

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14. USCIS Implements Supreme Court Order on 2023 Venezuela TPS Designation

On July 14, 2025, U.S. Citizenship and Immigration Services (USCIS) released instructions implementing a Supreme Court emergency stay in National TPS Alliance v. Noem for Venezuelan Temporary Protected Status (TPS) beneficiaries who received certain TPS-related documentation on or before February 5, 2025. Pending further litigation, they will maintain TPS and their documentation will remain valid.

Pending resolution of the litigation, this means that for the Form I-766, Employment Authorization Document (EAD) category A12 or C19 issued under the TPS Venezuela 2023 redesignation:

• TPS Venezuela beneficiaries who received TPS-related EADs that show a “Valid From” date that is on or before February 5, 2025, and a “Card Expires” date of October 2, 2026, will maintain that status and their documentation will remain valid.
• TPS Venezuela beneficiaries who received TPS-related EADs with a “Card Expires” date of April 2, 2025, and who received Forms I-797, Notices of Action, indicating receipt of a timely filed Form I-765 renewal application that were issued on or before February 5, 2025, automatically extending their employment authorization for up to 540 days, will maintain TPS, and employment authorization and their EADs will remain valid for up to 540 days (i.e., until September 24, 2026).

USCIS issued related guidance for employers when employees present the above-listed EADs to complete or update Form I-9, Employment Eligibility Verification:

• If your employee presents an EAD with category A12 or C19 that shows a “Valid From” date that is on or before February 5, 2025, and a “Card Expires” date of October 2, 2026, enter October 2, 2026, on Form I-9 as the expiration date of the EAD.
• If your employee presents an EAD with category A12 or C19 and a “Card Expires” date of April 2, 2025, and a renewal application receipt on Form I-797, Notice of Action, that was issued on or before February 5, 2025, and you determine from the date on Form I-797 that the renewal application was timely filed during the TPS registration period, the employee’s A12 or C19 EAD has been automatically extended for up to 540 days and, therefore, you should enter September 24, 2026, as the expiration date of the EAD.

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15. E-Verify Allows Employees to Opt Out of E-Verify+

E-Verify recently announced a new feature allowing employees to opt out of the E-Verify+ process and complete a traditional Form I-9 and E-Verify case instead.

E-Verify said that once the employee selects “Opt Out” in E-Verify+ and successfully completes the opt-out process, the employee’s E-Verify+ case status will change to “Case Closed Opt Out” and the case will automatically close. The employee will be directed to contact their employer to complete Section 1 in Form I-9 and provide acceptable documentation showing their identity and work authorization.

E-Verify noted that if an employee opts out of E-Verify+, “they still must complete Section 1 and provide documentation no later than their first day of employment, and the employer must create an E-Verify case within three business days.” The updated case status will appear on the employer’s E-Verify dashboard under “Recently Auto-Closed Cases.”

E-Verify+ is a service of E-Verify that streamlines verification by combining the Form I-9 and E-Verify processes into one digital process.

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16. E-Verify Updates Status Change Report

On July 15, 2025, E-Verify announced that the new Status Change Report now includes an additional “Revoked Document Number” field to help employers determine whether an employee’s Employment Authorization Document (EAD) presented in the Form I-9 verification process and used to create their E-Verify case is the revoked EAD in the report. “If this EAD has been revoked, you must reverify the employee,” E-Verify said.

The announcement includes detailed instructions on reverification and what employers need to do.

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17. USCIS Requires New Edition of Nonimmigrant Worker Petition as of July 30

As of July 30, 2025, U.S. Citizenship and Immigration Services (USCIS) is requiring the new January 20, 2025, edition of the Form I-129, Petition for a Nonimmigrant Worker. Until that date, the January 17, 2025, edition was also acceptable.

The edition date is at the bottom of the page on the form and instructions. USCIS said that an employer who completes and prints this form to mail it should “make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form.”

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18. Joseph Edlow Confirmed as USCIS Director

On July 15, 2025, the U.S. Senate confirmed Joseph Edlow as director of U.S. Citizenship and Immigration Services (USCIS).

Mr. Edlow previously served as deputy director for policy and chief counsel at USCIS, deputy assistant attorney general at the Department of Justice, and counsel for Rep. Raúl R. Labrador (R-ID) and the House of Representatives’ Committee on the Judiciary. He also served as a visiting fellow at the Center for Renewing America and the Heritage Foundation and founded the Edlow Group LLC and the Law Office of Joseph Edlow LLC.

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19. DOL Requires Work Authorization for Participants in Workforce Innovation and Opportunity Act Programs

On July 10, 2025, the Department of Labor’s Employment and Training Administration issued guidance (Training and Employment Guidance Letter 10-23, Change 2) requiring that all participants in programs under the Workforce Innovation and Opportunity Act have authorization to work in the United States. For individuals whose work authorization is temporary, grantees “must verify their continued work authorization at a reasonable interval determined by when their temporary authorization is expected to expire, but no less than once every three months.”

Affected programs are directed to align their policies, procedures, and requirements with the guidance. The programs include Workforce Innovation and Opportunity Act (WIOA) Title I Adult, Dislocated Worker, Youth programs (including statewide employment and training services funded by the Governor reserve); WIOA National Dislocated Worker Grants; Wagner-Peyser Act Employment Service; Reentry Employment Opportunities and other programs authorized under Section 169 of WIOA; YouthBuild; Section 167 Migrant and Seasonal Farmworker Program, also commonly referred to as the National Farmworker Jobs Program; and the Senior Community Service Employment Program. The guidance also establishes that all such participant-level services are considered “federal public benefits” under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).

The guidance notes that individuals in certain employment-based nonimmigrant categories, such as
H-2A, H-2B, and CW-1 workers, are ineligible to receive participant-level services in WIOA and related programs as they are not included in WIOA Section 188’s category of “other immigrants authorized to work in the United States” or in PRWORA’s definition of “qualified alien.”

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20. DOJ Raises Penalty Fees for Certain Immigration-Related Violations

As part of the Department of Justice’s (DOJ) adjustments of various civil monetary penalties assessed or enforced by DOJ components, the agency issued a final rule raising penalty fees for certain immigration-related violations. The rule, effective July 3, 2025, applies to violations occurring after November 2, 2015, the date the Bipartisan Budget Act was enacted.

The rule includes raised penalty fees for violations such as employment of unauthorized workers, failure to notify of a final nonconfirmation of an employee’s employment eligibility, unfair immigration-related employment practices, and document fraud.

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New Publications and Items of Interest

Summary of immigration provisions in ‘One Big Beautiful Bill Act.’ The Immigration Accountability Project has released H.R. 1: The One Big Beautiful Bill Act—Immigration Provision Summary. Topics include key homeland security and judiciary provisions, restrictions on benefits, benefits requiring certain statuses, and a new transfer tax on remittances to foreign countries.

Denaturalization fact sheet. The National Immigration Forum has published a fact sheet on denaturalization. The fact sheet explains what denaturalization is, the reasons for and limits on denaturalization, and other related issues.

OFLC discontinues fax service. The Department of Labor’s Office of Foreign Labor Certification (OFLC) announced on July 17, 2025, that it is discontinuing the use of fax services effective September 1, 2025. OFLC asks employers to transition to submitting documentation through the Foreign Labor Application Gateway (FLAG) system or by email before the deactivation date. Any information submitted to the fax email addresses after August 31, 2025, will not be considered to have been validly submitted to OFLC and may result in delayed processing or denial of an application.

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

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ABIL Member / Firm News

Klasko Immigration Law Partners, LLP, has published several new blog posts: The One Big Beautiful Bill’s Visa Integrity Fee Explained and Key Status Updates for Humanitarian Immigration Programs.

David Isaacson, of Cyrus D. Mehta & Partners PLLC, has authored a new blog post: The Exception That Disproves the Rule: How Matter of K-E-S-G-‘s FGM Exception Exposes Its Incoherence.

Cyrus Mehta was extensively quoted by the Times of India in USCIS Draws Up an Implementation Plan to Narrow Birthright Citizenship. He said, “The USCIS has a sinister plan to implement Trump’s ‘currently unconstitutional’ birthright citizenship order, in case the [Executive Order] which is currently blocked, is allowed to go into effect. Under it, the newborn child will not automatically be a U.S. citizen but would take on the lawful but temporary status of the mother.” He noted that “[i]f the mother is unlawfully present, the child will also be considered unlawfully present as soon as it is born. The immigration authorities can technically remove the child who is unlawfully present.”

Mr. Mehta authored a blog post: USCIS’s Dystopian Implentation Plan to Allow Inheritance of Temporary Statuses for the US Born Child Instead of Automatic Citizenship.

Mr. Mehta and Kaitlyn Box co-authored a blog post: Notwithstanding Trump’s Threats, Can the Government Really Take Away a Person’s Citizenship?

Mr. Mehta was quoted by Slate in Trump is Threatening to Take Away People’s Citizenship. Can He? Commenting on the Trump administration’s newly announced prioritizing of denaturalization, the article states that “[t]he immigration courts have no jurisdiction over U.S. citizens, so the only way for the administration to attempt to strip citizenship is to go through the actual federal judiciary, which is far more independent and much less likely to look favorably upon efforts to target the relatively ironclad protections of citizenship. The government can attempt either a civil or criminal denaturalization, with the latter alleging that the naturalization itself was obtained through criminal means. Despite the Supreme Court’s recent kowtowing to the more authoritarian aspects of Trump’s agenda, in the unanimous 2017 decision in Maslenjak v. United States, the court ruled that the government could not strip citizenship from a woman who had lied about her husband having served in the Bosnian Serb army because the denaturalization statute ‘demands a causal or means-end connection between a legal violation and naturalization.’ ” Mr. Mehta said that “[a]ny omission that would not have had an impact on the citizenship application would not cut it, even if it was misrepresentation or an omission.” Mr. Mehta is representing Palestinian activist Mohsen Mahdawi, a permanent resident detained by the Trump administration.

Stephen Yale-Loehr, of Miller Mayer, LLP, was quoted by CBS News in Judge Blocks Expedited Deportations of Those Who Entered the U.S. Legally, Possibly Curtailing ICE Courthouse Arrests. He said the judge’s order could mean that “several hundred thousand people will be temporarily spared from immediate removal under the expedited removal procedures.” He noted that the ruling is a reprieve for many of the more than 500,000 Cubans, Haitians, Nicaraguans, and Venezuelans who were allowed into the United States through the parole authority, under a Biden administration policy. The article notes that the ruling “also protects some of the nearly 1 million migrants paroled into the U.S. along the southern border under another Biden-era policy powered by a now-discontinued phone app known as CBP One.”

Mr. Yale-Loehr was quoted by Bloomberg News in Columbia University to Aid Trump Policing of Foreign Students Under Deal. He said that for Columbia and other schools entertaining such concessions, “the devil is in the implementation details.” But “no matter how this is implemented,” he said, “it shows international students that Columbia—and other universities that accept similar language—will be less welcoming.”

Mr. Yale-Loehr was quoted by 285 South in An Augusta Man Decided to ‘Self-Deport.’ The Government Arrested Him Anyway. He noted that although U.S. Immigration and Customs Enforcement’s (ICE) website says that people using the self-deportation app will be “deprioritized,” there’s nothing that actually prohibits ICE from targeting them. At the same time, he added, ICE’s highest deportation priority under any presidential administration is people with criminal records and those, like David, with final deportation orders. “It seems that ICE is working at cross-purposes with itself,” he said. “Because, on the one hand, they are encouraging people to self-deport, and their website says that if you do self-deport, you are a lower priority for being picked up. But on the other hand, here we have an instance where ICE did arrest and detain someone who had applied for self-deportation. So it’s like the immigrants can’t win no matter what they do.”

Mr. Yale-Loehr authored an op-ed in The Hill: Trump’s Immigration Policies Could Wreck the World Cup and the Olympics.

Mr. Yale-Loehr was quoted by Reuters in U.S. Set to Deport Permanent Residents Over Alleged Support to Haitian Gang Leaders. He said that before the current Trump administration, trying to take away someone’s permanent-resident status in this manner was “very rare” but that the administration had shown a willingness to target students. Mr. Yale-Loehr said it seemed unlikely that many Haitians would have their green card revoked as a result of the policy because of the difficulty of identifying them and then proving the affiliation in immigration court. “Three years from now, how many people from Haiti will be deported under this ground? I think very few,” he said.

Mr. Yale-Loehr was quoted by Newsweek in Donald Trump’s Immigration Approval Slips: Poll. He said, “This poll shows that President Trump’s deportation efforts are backfiring. The public was willing to deport serious criminals, but not families who live near them and are hard-working members of our society.”

Mr. Yale-Loehr was interviewed by the Arizona Republic in Confused About the Status of Birthright Citizenship in the U.S.? Here’s What to Know. He said that he is “confident that some lower courts will decide on the merits that President Trump’s efforts to repeal birthright citizenship are unconstitutional. That lower court decision will eventually make its way back to the Supreme Court. Eventually, we will get a decision on the merits of President Trump’s executive order trying to repeal birthright citizenship.” He said that the “Constitution is clear and the case law is also clear. However, President Trump is already scaring people who unnecessarily worry that their citizenship may be taken from them,” and that “I think fear is the goal. They’ve done that in so many different ways. On birthright citizenship, on mass deportation efforts, trying to discourage international students from coming to or staying in the United States. So even if they lose in the courts, they’re winning the public relations battle.”

Mr. Yale-Loehr was quoted by Newsweek in Birthright Citizenship Faces Supreme Court Climax. He said that a federal district judge’s ruling in a birthright citizenship case “was merely a preliminary finding that the case could go forward as a class action. It did not address the merits of birthright citizenship. Moreover, Judge LaPlante stayed his order for seven days to give the government time to appeal. We are still a long way from a decision on the merits. The case on the merits may not reach the Supreme Court until next spring. Based on the clear language in the Constitution allowing birthright citizenship, I believe the justices will strike down President Trump’s effort to repeal birthright citizenship.”

Mr. Yale-Loehr was quoted by Newsweek in Republicans Are Changing Their Tune on Immigration: Poll. He said that recent Gallup poll results “show that President Trump’s mass deportation efforts are backfiring. Americans realize that immigration is good for the country and that we need immigrants to grow our economy.”

Below is a list of Academy of Business Immigration Lawyers members and attorneys who are on American Immigration Lawyers Association National Committees for 2025-26:

USCIS Benefits Policy Committee: Vincent Lau (vice chair), Vic Goel, Lynn Susser

DOL Liaison Committee: Magaly Cheng, Andrea-Li Wallace, Michele Madera

DOS Liaison Committee: Elise Fialkowski, Elissa Taub

EOIR Liaison Committee: Aaron Hall (chair), Dustin Baxter

EB-5 Committee: Joseph Barnett (vice chair), Kristal Ozmun, Edward Ramos

Military Committee: Daniel Carpenter, Catherine Magennis

Verification & Documentation Committee: Kim Robidoux (chair), Timothy D’Arduini, Marketa Lindt, Matthew Webster

Student Visa Taskforce: Bernard Wolfsdorf

Benefits Litigation Committee: David Isaacson, Zachary New, John Pratt

Standing Committee on Political Engagement (SCOPE): Nam Douglass, Jennifer Howard, William Stock

Business Section Steering Committee: Dagmar Butte, Ceridwen Koski, Christian Park

Family Section Steering Committee: Jorge Gavilanes

Federal Court Litigation Section Steering Committee: Kevin Gregg

National Immigration Litigation Steering Committee: Charles Kuck

Rule of Law Taskforce: Cyrus Mehta, William Stock

National Publications Committee: Helena Tetzeli

Media Advocacy Committee: Kim Robidoux, Elissa Taub

Client Resources Committee: Meghan Moody (vice chair), Vikram Akula, Robby Rubin

Innovation and Technology Committee: Hannah Little (chair), Dan Maranci (vice chair), Vikram Akula

Technology Track: Hannah Little

Business Track: Marisa Casablanca, William Hummel

Distance Learning Committee: Ari Sauer

Equity & Belonging Committee: Miki Matrician

Well-Being Committee: Jennifer Howard (vice chair)

AILA Board of Directors: Miki Matrician (elected director)

Futures Task Force: Kirby Joseph (chair)

Annual Conference 2026 Planning Committee: William Hummel

Fall Conference Planning Committee: Magaly Cheng, Vic Goel, Hannah Little, Greg Siskind

Fall Conference Technology Track: Kirby Joseph (chair)

Fall Conference Law Practice Management Track: Kirby Joseph (chair)

AILA Law Journal: Cyrus Mehta (editor in chief), Kaitlyn Box (editorial board member), Dagmar Butte (editorial board member), William Stock (editorial board member)

Philadelphia Chapter Chair: Michele Madera

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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
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In this issue:

1. Trump v. Foreign Students, Continued: DOS Suspends All Student/Exchange Visitor Visa Applications While Considering Expansion of Social Media Vetting, Will ‘Aggressively’ Revoke Visas of Certain Chinese Students – In the most recent of a continuing series of actions taken against international students seeking to pursue an education in the United States, the Trump administration ordered U.S. embassies and consulates to pause new interviews for all international student and exchange visitor visa applicants while it considers significantly expanding social media vetting of the students. The administration also plans to “aggressively” revoke the visas of certain Chinese students and enhance future scrutiny, with a focus on those studying in “critical fields” or with ties to the Chinese Communist Party. The news was met with widespread dismay among international students and in the higher education community.

2. Supreme Court Says Trump Administration Can Terminate Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans – On May 30, 2025, the Supreme Court ruled 7-2 that the Trump administration can terminate a Biden-era special humanitarian parole program for an estimated 532,000 Cubans, Haitians, Nicaraguans, and Venezuelans in the United States.

3. Expanded DOJ Corporate Whistleblower Awards Program Prioritizes Immigration Violations – The Department of Justice expanded its corporate whistleblower program, increasing scrutiny on U.S. employers of noncitizens. The new policy forecasts a focus on noncitizens with H-1B or L-1 status and those who may have fallen out of immigration status.

4. Supreme Court Says Trump Administration Can Revoke Venezuelan TPS – The U.S. Supreme Court ruled that the Trump administration can move forward, while legal proceedings continue, with revoking Temporary Protected Status (TPS) for an estimated 350,000 Venezuelans in the United States who received TPS in 2023.

5. E-Verify Alerts Employers About Mismatches in Social Security Information – E Verify announced a technical issue with Social Security Administration mismatch (tentative nonconfirmation) cases that were referred between April 9 and May 5, 2025.

6. DOS Announces Visa Restrictions on Travel Agency Execs for Knowingly Facilitating Illegal Immigration to the United States – The visa restrictions, on owners, executives, and senior officials of travel agencies based and operating in India for knowingly facilitating illegal immigration to the United States, is also “global and even applies to individuals who otherwise qualify for the Visa Waiver Program.”

7. Supreme Court Keeps Block on Trump Administration’s Use of Alien Enemies Act to Deport Venezuelans, Sends Case Back to Fifth Circuit – The U.S. Supreme Court sent a case back to the U.S. Court of Appeals for the Fifth Circuit to determine whether the Trump administration can summarily deport a group of Venezuelan detainees under the Alien Enemies Act. The Supreme Court also determined that the lower federal court should rule on how much notice the federal government must provide to allow the migrants to challenge the government’s plans to deport them.

8. DHS Terminates TPS for Afghanistan – The Temporary Protected Status designation for the country expired on May 20, 2025, and the termination will take effect July 14, 2025. The decision affects an estimated 9,000 Afghans in the United States.

9. DV-2026 Entrant Status Check Access Opens – Diversity Visa lottery (DV-2026) entrants may enter their confirmation information at the Electronic Diversity Visa Program website to check the status of their applications until “at least September 30, 2026.”

10. Advocates Object to Alien Registration Form and Process Under Interim Final Rule – The American Immigration Lawyers Association said that the interim final rule violates the U.S. Constitution, the Administrative Procedure Act, and the Paperwork Reduction Act; exceeds U.S. Citizenship and Immigration Services’ authority; and is inconsistent with statutory requirements. AILA also had many objections to the related Form G-325R (Biographic Information).

11. First 100 Days: USCIS Touts Its Record on ‘Making America Safe Again’ – U.S. Citizenship and Immigration Services touted the agency’s record on “aggressively working to ensure America’s national security by addressing vulnerabilities in immigration policies, reducing exploitation of humanitarian parole programs, and assisting enforcement agencies in identifying and removing illegal aliens.”

12. DHS Extends TPS for South Sudan for Six Months – The Department of Homeland Security has extended Temporary Protected Status (TPS) for South Sudan through November 3, 2025. The extension also automatically extends the validity of work permits previously issued under the TPS designation of South Sudan for six months.

13. DHS Rescinds Romania’s VWP Designation – Effective May 2, 2025, the Department of Homeland Security, in consultation with the Department of State, has rescinded Romania’s Visa Waiver Program designation.

14. TSA Begins Full REAL ID Enforcement – On May 7, 2025, the Department of Homeland Security (DHS) announced full implementation of REAL ID enforcement measures at Transportation Security Administration checkpoints nationwide. DHS said that 81% of travelers are already REAL ID compliant.

15. Trump Administration Prioritizes Refugee Admissions for Afrikaners – The Trump administration is preparing to bring 54 Afrikaners (descendants of mostly Dutch settlers in South Africa; many are farmers) into the United States as refugees, despite blocking refugee admissions otherwise.

16. Press Obtains DOS Cable on Visa Adjudications Related to Sex at Birth and ‘Keeping Men Out of Women’s Sports’ – The cable, which has wider implications beyond women’s sports, discusses visa adjudication procedures related to sex assigned at birth and “[t]alking points for use with affected applicants.”

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

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ABIL Immigration Insider – June 1, 2025

1. Trump v. Foreign Students, Continued: DOS Suspends All Student/Exchange Visitor Visa Applications While Considering Expansion of Social Media Vetting, Will ‘Aggressively’ Revoke Visas of Certain Chinese Students

In the most recent of a continuing series of actions taken against foreign students in the United States:

• The Department of State ordered U.S. embassies and consulates to pause new interviews for all international student and exchange visitor visa applicants while it considers significantly expanding social media vetting of the students, along with previously announced enhanced social media screening for immigrants more generally.

• Secretary of State Marco Rubio announced that the Trump administration plans to “aggressively” revoke the visas of certain Chinese students (including those from Hong Kong) and enhance future scrutiny, with a focus on those studying in “critical fields” or with ties to the Chinese Communist Party. It was not clear from Rubio’s brief statement how the administration would decide what fields are considered critical or what criteria constitute ties to the Chinese Communist Party.

Some international students say they are considering studying or working elsewhere. Other countries, including U.S. competitors, are dangling offers to attract international students and researchers who no longer feel welcome in the United States. For example, Hong Kong’s education bureau is calling on its universities to open their doors to top talent being discouraged or prevented from studying and working in the United States. The bureau contacted the Harvard Club of Hong Kong to offer support, and Hong Kong’s University of Science and Technology invited international students at Harvard to come and study in Hong Kong instead.

Ursula van der Leyen, European Commission President, emphasized “free and open research” in a recent speech and said, “Europe must remain the home of academic and scientific freedom.” Toward that end, Europe has launched a $570 million initiative called Choose Europe. Funding for this initiative “will support cutting edge research and focus on developing research talent, fostering international collaboration, and connecting science with society, with targeted support for early career researchers and displaced Ukrainian scientists.”

Simon Marginson, a professor of higher education at the University of Oxford, said that a downturn in international students would affect U.S. universities’ “talent pipeline” and income, while benefiting U.S. competitors. “China will become significantly more attractive than before to students and researchers from the Global South. Western Europe will also gain significantly,” he said.

Meanwhile, a federal judge has temporarily blocked the Trump administration from preventing Harvard from enrolling international students, and additional litigation is in the works. Stay tuned.

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2. Supreme Court Says Trump Administration Can Terminate Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans

On May 30, 2025, the Supreme Court ruled 7-2 that the Trump administration can terminate a Biden-era special humanitarian parole program for an estimated 532,000 Cubans, Haitians, Nicaraguans, and Venezuelans in the United States. The brief order was unsigned, with two justices dissenting.

Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, said the majority’s “botched” decision “undervalues the devastating consequences of allowing the Government to precipitously upend the lives and livelihoods of nearly half a million noncitizens while their legal claims are pending. Even if the Government is likely to win on the merits, in our legal system, success takes time and the stay standards require more than anticipated victory.”

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3. Expanded DOJ Corporate Whistleblower Awards Program Prioritizes Immigration Violations

In a May 2025 announcement, the Department of Justice (DOJ) expanded its corporate whistleblower program, increasing scrutiny of U.S. employers of noncitizens. The new policy forecasts a focus on noncitizens with H-1B or L-1 status and those who may have fallen out of immigration status.

Under the expanded program, DOJ is focusing on investigating and charging immigration violations by companies. Among the other new policies, U.S. Attorneys’ offices now must provide quarterly reports to DOJ on their immigration enforcement efforts. Specifically, the program now is likely to focus on employment of unauthorized workers, document fraud, harboring allegations, immigration eligibility misrepresentation, labor condition noncompliance, and noncompliance with other immigration regulations.

Individuals who provide original, truthful information leading to criminal or civil forfeiture exceeding $1 million may be eligible for awards under the program. Whistleblowers can receive up to 30 percent of the first $100 million in net proceeds forfeited and up to 5 percent of net proceeds between $100 million and $500 million.

The expanded policy warrants a proactive review and robust compliance measures by employers to mitigate legal risks, the Alliance of Business Immigration Lawyers said.

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4. Supreme Court Says Trump Administration Can Revoke Venezuelan TPS

On May 19, 2025, the U.S. Supreme Court ruled in a two-paragraph summary order that the Trump administration can move forward, while legal proceedings continue, with revoking Temporary Protected Status (TPS) for an estimated 350,000 Venezuelans in the United States who received TPS in 2023.

It was unclear when the Venezuelans would lose TPS and related work authorization.

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5. E-Verify Alerts Employers About Mismatches in Social Security Information

On May 19, 2025, E‑Verify announced a technical issue with Social Security Administration (SSA) mismatch (tentative nonconfirmation) cases that were referred between April 9 and May 5, 2025. This includes cases involving dual SSA and Department of Homeland Security (DHS) mismatches if the employee attempted to resolve the case by visiting an SSA office but did not contact DHS. E-Verify said, “Due to this system error, some of these cases may have incorrectly received a final nonconfirmation (FNC) even after the employee took steps to resolve the mismatch at an SSA office.”

E-Verify released the following tips:

• For any cases that received an FNC after an SSA or Dual SSA and DHS mismatch, for cases referred from April 9 to May 5, 2025, employers should create a new E‑Verify case.
• If the employer has already created a new case and received an Employment Authorized result for an affected employee, no further action is needed.
• Employers may notice the status message, “E‑Verify Needs More Time,” appearing longer than usual for these cases on the Case Status page.
• Employers receiving an FNC for one of these affected cases should not take any adverse action or terminate employment based on that FNC result.

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6. DOS Announces Visa Restrictions on Travel Agency Execs for Knowingly Facilitating Illegal Immigration to the United States

On May 19, 2025, the Department of State (DOS) announced that it is “imposing visa restrictions on owners, executives, and senior officials of travel agencies based and operating in India for knowingly facilitating illegal immigration to the United States.”

DOS said the visa restriction policy is “global and even applies to individuals who otherwise qualify for the Visa Waiver Program.”

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7. Supreme Court Keeps Block on Trump Administration’s Use of Alien Enemies Act to Deport Venezuelans, Sends Case Back to Fifth Circuit

On May 16, 2025, in a 7-2 decision, the U.S. Supreme Court sent a case back to the U.S. Court of Appeals for the Fifth Circuit to determine whether the Trump administration can summarily deport a group of Venezuelan detainees under the Alien Enemies Act. The Supreme Court also determined that the lower federal court should rule on how much notice the federal government must provide to allow the migrants to challenge the government’s plans to deport them.

Referring to circumstances such as the case of Kilmar Armando Abrego Garcia, a Maryland man who was deported by mistake and subsequently left in a Salvadoran prison despite a Supreme Court order to facilitate his return to the United States, the Supreme Court noted in this case that “notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster.”

Lee Gelernt, a lawyer for the American Civil Liberties Union, said the decision “means that more individuals will not secretly be sent to a brutal prison in El Salvador,” and that the administration’s use of the Alien Enemies Act, a wartime law, “during peacetime, without due process, raises issues of far-reaching importance.”

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8. DHS Terminates TPS for Afghanistan

On May 12, 2025, the Department of Homeland Security (DHS) announced the termination of Temporary Protected Status (TPS) for Afghanistan. The TPS designation for the country expired on May 20, 2025, and the termination will take effect July 14, 2025. The decision affects an estimated 9,000 Afghans in the United States.

Afghanistan was initially designated for TPS on May 20, 2022, based on ongoing armed conflict and extraordinary and temporary conditions. On September 25, 2023, DHS extended and newly designated Afghanistan for a period of 18 months, beginning November 21, 2023, and ending May 20, 2025. The new DHS statement said that DHS Secretary Kristi Noem “determined that, overall, there are notable improvements in the security and economic situation such that requiring the return of Afghan nationals to Afghanistan does not pose a threat to their personal safety due to ongoing-armed conflict or extraordinary and temporary conditions. She further determined that permitting Afghan nationals to remain temporarily in the United States is contrary to the national interest of the United States.”

In April, Christian leaders and nonprofits reportedly lobbied the Trump administration to carve out an exception for Afghan Christians who they warned may face persecution if returned to the Taliban-controlled country. The administration has been silent on any policy on that front, but in response to questions about what those fearing death or torture if returned to Afghanistan should do, Karoline Leavitt, White House Press Secretary, said, “If there are individuals here who came in through the Biden administration who want to claim asylum, there is a legal process to do that, and those cases will be adjudicated by a judge on a case-by-case basis.”

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9. DV-2026 Entrant Status Check Access Opens

The Department of State (DOS) announced that as of May 3, 2025, Diversity Visa lottery (DV-2026) entrants may enter their confirmation information at the Electronic Diversity Visa Program website to check the status of their applications until “at least September 30, 2026.” The DV-2026 registration period opened on October 2, 2024, and closed on November 7, 2024. DOS said that DV-2026 entrants “should keep their confirmation number until at least September 30, 2026.”

DV-2025 Entrants have until September 30, 2025, to check the status of their entry through the website. DOS noted that it will not send a letter or an email to let applicants know if they have been selected; they must check their status online using their confirmation number. DOS has released a website for retrieving a confirmation number if it has been lost. DOS has also released instructions and additional information for applicants who have been selected.

DOS has also released an infographic on the DV-2026 process. Those needing help can email the Kentucky Consular Center (KCC) at [email protected] and include their name, birth date, and case number, DOS said.

In related news, the Department of State’s Visa Bulletin for June 2025 notes that the DV-2025 annual limit has been reduced to approximately 52,000:

The [Nicaraguan and Central American Relief Act (NACARA)] stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually allocated diversity visas will be made available for use under the NACARA program. Visa numbers made available to NACARA applicants in FY 2024 will result in reduction of the DV-2025 annual limit to approximately 54,850. Section 5104 of the National Defense Authorization Act (NDAA) for Fiscal Year 2024 amended the NACARA’s provisions on the DV program such that the number of visas made available under the NDAA each fiscal year will be deducted from the 55,000 DVs annually allocated. These amendments will further reduce the DV-2025 annual limit to approximately 52,000.

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10. Advocates Object to Alien Registration Form and Process Under Interim Final Rule

On May 12, 2025, the American Immigration Lawyers Association (AILA) published comments on a U.S. Citizenship and Immigration Services (USCIS) interim final rule, “Alien Registration Form and Evidence of Registration,” published March 12, 2025, and the related Form G-325R (Biographic Information). Among other things, AILA asserts that:

• The interim final rule violates the U.S. Constitution, the Administrative Procedure Act, and the Paperwork Reduction Act; exceeds the agency’s authority; and is inconsistent with the statutory requirements.
• The requirement on Form G-325R to list all addresses over a five-year period is unduly burdensome and goes far beyond the kind of information that is referenced in the Immigration and Nationality Act.
• The only drop-down selections provided by the form are “Entered Without Inspection (EWI)” or leaving the section blank. There is no clear instruction on how to complete the form if the registrant did not enter EWI.
• Similarly, the G-325R asks for the registrant’s current I-94 number, which is confusing because someone who has been issued an I-94 is normally viewed as having already complied with the registration requirement.
• Another confusing section of the form asks for the date of immigration status expiration in month, day, and year format. With several nonimmigrant statuses, such as F-1, J-1, and M-1, individuals are present in the U.S. for the duration of status (D/S).
• Further confusing is the selection of immigration status on the form. In the dropdown menu used to select one’s status, it is unclear whether all potential immigration status options are made available.
• The form contains ambiguous questions that lack instructions clarifying how much information should be provided for each.
• In certain portions of the form, it is unclear which questions are required fields, and which fields are optional.
• Form G-325R’s requirement for full disclosure of all arrests, charges, and convictions—regardless of age, expungement, or relevance—raises significant legal and due process concerns.
• The rule skips the usual notice-and-comment process and, thus, there has been no opportunity to suggest clarifications to the form, resulting in unnecessary practical complications.

AILA therefore recommends that both the interim final rule and Form G-325R be withdrawn.

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11. First 100 Days: USCIS Touts Its Record on ‘Making America Safe Again’

On April 29, 2025, U.S. Citizenship and Immigration Services (USCIS) released a statement, First 100 Days: Delivering on Making America Safe Again. The statement touted the agency’s record on “aggressively working to ensure America’s national security by addressing vulnerabilities in immigration policies, reducing exploitation of humanitarian parole programs, and assisting enforcement agencies in identifying and removing illegal aliens.” The statement warns “[a]liens, immigration attorneys and non-government organizations” to “take note: the days of exploiting our immigration system are over. Aliens who want to live and work in America need to do it legally or get out.”

Among other things, the achievements USCIS praised include implementing alien registration and tracking; deploying “volunteers” to support U.S. Immigration and Customs Enforcement’s (ICE) enforcement and removal operations (USCIS has about “450 volunteers detailed to ICE supporting 85 facilities across the country”); making various arrests and detentions; anti-fraud efforts; ending the Cuban, Haitian, Nicaraguan, and Venezuelan parole program; rescinding the extensions of Temporary Protected Status for Haitians and Venezuelans; adopting social media vetting for “anti-Americanism”; recognizing only two sexes; eliminating a COVID-19 vaccine requirement for green card applicants; and ending coordination on naturalization ceremonies with “sanctuary” cities.

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12. DHS Extends TPS for South Sudan for Six Months

The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for South Sudan for six months, from May 4, 2025, through November 3, 2025. The extension also automatically extends the validity of Employment Authorization Documents (EADs) previously issued under the TPS designation of South Sudan for six months.

DHS said that existing TPS beneficiaries who wish to apply for an EAD for the first time, or who already have an EAD and would like to obtain an updated EAD with an expiration date on the face of the card of November 3, 2025, may submit Form I-765, Application for Employment Authorization, and the appropriate fee. TPS remains available to otherwise qualified nationals of South Sudan (or those with no nationality who last habitually resided in South Sudan) who have been continuously residing in the United States since September 4, 2023.

DHS explained that “[u]nder the TPS statute, if the Secretary does not determine whether a foreign state continues to meet the conditions for designation for TPS at least 60 days before the current expiration of the country’s TPS designation, the period of designation is automatically extended for six months. The Secretary was unable to make an informed determination on South Sudan’s designation by the March 4, 2025 statutory deadline due to the lack of an updated analysis of current country conditions in South Sudan.”

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13. DHS Rescinds Romania’s VWP Designation

Effective May 2, 2025, the Department of Homeland Security (DHS), in consultation with the Department of State, rescinded Romania’s Visa Waiver Program (VWP) designation.

DHS explained that it decided that Romania’s VWP designation should be rescinded “to protect the integrity of the VWP and to ensure border and immigration security. Romania may be reconsidered for VWP designation in the future should they meet the statutory eligibility criteria.”

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14. TSA Begins Full REAL ID Enforcement

On May 7, 2025, the Department of Homeland Security (DHS) announced full implementation of REAL ID enforcement measures at Transportation Security Administration (TSA) checkpoints nationwide. DHS said that 81% of travelers are already REAL ID compliant. According to DHS, all states, the District of Columbia, and the five U.S. territories are REAL ID compliant and issuing REAL ID compliant driver’s licenses and identification documents.

“Passengers who present a state-issued identification that is not REAL ID compliant at TSA checkpoints and who do not have another acceptable alternative form of ID will be notified of their non-compliance and may be directed to a separate area to receive additional screening,” DHS said. The agency noted that REAL ID-compliant cards have a star marking on the upper top portion of the card. Examples:

If the card does not have a star marking, it is not REAL ID-compliant and will not be accepted as proof of identity to board commercial aircraft, DHS said.

Enhanced Driver’s Licenses and Enhanced Identification cards (EDL/EID) are also acceptable forms of identification and can be used to board commercial aircraft. EDLs/EIDs can be identified by an image of the U.S. flag and the word Enhanced at the top of the card.

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15. Trump Administration Prioritizes Refugee Admissions for Afrikaners

According to reports, the Trump administration is preparing to bring 54 Afrikaners (descendants of mostly Dutch settlers in South Africa; many are farmers) as refugees into the United States, despite blocking refugee admissions otherwise. A press conference is expected when the group arrives. States agreeing to take them in include Alabama, California, Idaho, Michigan, Minnesota, Montana, New York, Nevada, North Carolina, and Iowa.

President Trump said in February that the minority white Afrikaners were “victims of unjust racial discrimination,” a point also made by Trump adviser Elon Musk, who was born in South Africa. South Africa’s foreign ministry said, “It is most regrettable that it appears that the resettlement of South Africans to the United States under the guise of being ‘refugees’ is entirely politically motivated and designed to question South Africa’s constitutional democracy.”

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16. Press Obtains DOS Cable on Visa Adjudications Related to Sex at Birth and ‘Keeping Men Out of Women’s Sports’

Various media outlets obtained a cable from Secretary of State Marco Rubio to the field on President Trump’s Executive Order 14201, “Keeping Men Out of Women’s Sports.” The cable discusses visa adjudication procedures related to sex assigned at birth and “[t]alking points for use with affected applicants.”

Although the cable focuses on sports, commenters have noted that it is worded more broadly. Transgender attorney Alejandra Caraballo said, “This document does not set a limitation on the implementation of finding material fraud in asserting a gender marker different than the one assigned at birth. Consular officers could implement this on any and all visitor, immigrant, and nonimmigrant visa applications.”

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New Publications and Items of Interest

New FAQ on effect of changes to parole and TPS for SAVE agencies. U.S. Citizenship and Immigration Services has released a new Frequently Asked Questions (FAQ) page, FAQs on the Effect of Changes to Parole and Temporary Protected Status (TPS) for SAVE Agencies. The FAQs address questions that Systematic Alien Verification for Entitlements agencies may have regarding the implementation of various changes to parole and Temporary Protected Status, including through published Federal Register notices. DHS noted that it has also taken actions to terminate parole before the parole expiration date for certain people.

OFLC public disclosures. The Department of Labor’s Office of Foreign Labor Certification has released a comprehensive set of public disclosure data (through the second quarter of fiscal year [FY] 2025) 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 noted that it recently implemented the revised form ETA-9089. As a result, there are two distinct PERM disclosure data files. These files each have their own record layout documents.) The public disclosure files include all final determinations OFLC issued for these programs during the October 1, 2024, through March 31, 2025, reporting period of FY 2025. OFLC has also released selected program statistics for the first half of fiscal year 2025 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs. OFLC has also published an updated list of the names of foreign labor recruiters for the H-2B program, along with Frequently Asked Questions about the list.

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 has 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

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ABIL Member / Firm News

Klasko Immigration Law Partners, LLP, has published several new blog posts: DOJ Prioritizes Immigration Violations in Expanded Corporate Whistleblower Awards Pilot Program, SCOTUS Ruling on TPS Causes Uncertainty for Beneficiaries and Employers Alike, and United Kingdom Announces Sweeping Immigration Reform in New White Paper.

Charles Kuck was interviewed on PBS NewsHour about the Trump administration’s deportations and court rulings against him on immigration matters.

Mr. Kuck was quoted by the Washington Post in Georgia Teen Detained by ICE After Mistaken Traffic Stop to be Released on Bond. Ximena Arias Cristobal, 19, who was mistakenly detained, grew up in the United States and has two younger siblings who are U.S. citizens, said Mr. Kuck, who is one of the attorneys representing her. He said the teenager was kind, gentle, and well-known in her community. She was not eligible for protection under the Deferred Action for Childhood Arrivals (DACA) policy, said Dustin Baxter of Kuck Baxter Immigration LLC. She will be freed on a bond of $1,500, which is the minimum amount allowable by law, Mr. Baxter said, adding that Ximena “was in ICE custody following an arrest that never should have happened is salt in the wound. That ICE didn’t release Ximena after the criminal charges were rightfully dropped defies common sense.”

Cyrus Mehta and Kaitlyn Box have authored a new blog post: Fighting Back Trump’s Attacks on Foreign Students.

Mr. Mehta was quoted by Forbes in Rubio Makes Immigration Threat to Revoke Student, H-1B and Other Visas. He said, “Those who are impacted by Rubio’s catch and revoke policy should not hesitate to challenge the actions in court. If the revocation of the underlying visa results in detention and removal proceedings, they should challenge the detention as unconstitutional through a habeas petition in federal district court and also separately contest the deportation grounds in immigration court.” He noted that “[t]he only way to get the government to back down and prevent it from creating a climate of fear among nonimmigrants in the United States is through concerted legal action that challenges detention and deportation at the same time.”

Stephen Yale-Loehr, of Miller Mayer, LLP, was quoted by the South China Morning Post in Harvard to Win Injunction in Foreign Student Fight Against the Trump Administration. He said that a preliminary injunction would indicate a favorable final ruling for Harvard. But, he added, “the Trump administration will certainly appeal and drag it all out.” Mr. Yale-Loehr said that the broader posture the administration has taken would be likely to keep deterring students from staying in the United States: “Even if Harvard wins the litigation battle, Trump may win the immigration war.”

Mr. Yale-Loehr was quoted by the Times of London in What is Next for Trump’s Escalating War With Harvard? He said that even if Harvard were to prevail in court, it may be a pyrrhic victory in the broader public relations fight. “This legal battle coalesces two of Trump’s wars, one on immigration and international students generally, and the second on higher education. And Harvard is sort of at the crux of both fights. I think Harvard will eventually win the litigation battle, but I fear that Trump is winning the war. They are essentially saying, ‘If we win in court, great, but if we don’t, we can just blame all those judges.’ ” Beyond challenging the orders in court, Harvard could lobby Congress and try to win hearts and minds by demonstrating the importance of its research and the contributions made by non-native students, he noted, but added, “That’s a long, slow fight. You can’t turn around public opinion that quickly.”

Mr. Yale-Loehr was quoted by the Morning Dispatch in Trump Admin Targets International College Students. He said, “I would say that Harvard is going to win its lawsuit on both procedural and substantive grounds.” Procedurally, he noted that the federal government failed to provide Harvard sufficient notice to appeal the decision, a requirement of federal law, and also failed to provide sufficient evidence for its claims. Substantively, Mr. Yale-Loehr pointed out that by specifically targeting Harvard and seeking to exert control over its curriculum, the White House was likely violating the First Amendment right to academic freedom and free expression, along with the privacy rights of international students. But the State Department’s pause of visa interviews will likely have effects far beyond Harvard, he noted. “It’s the absolute worst timing,” he said, adding that foreign students can only apply for a student visa after receiving an acceptance letter from and making a deposit to a U.S. university.

Mr. Yale-Loehr was quoted by Forbes in Harvard’s Response to the Trump Administration’s Immigration Actions. He said, “While Trump may lose this litigation battle, he may win his war against international students. The combination of starting this lawsuit against Harvard, threatening to terminate Optional Practical Training, and revoking the immigration status of over 1,000 international students leaves prospective students applying to colleges outside the U.S., and current international students, worried about their futures.”

Mr. Yale-Loehr was quoted by Newsweek in Donald Trump Will Lose Harvard Student Fight, Legal Experts Say. “I think Harvard will win its lawsuit, on both procedural and substantive grounds,” he said. “Procedurally, the immigration regulations set forth specific procedures to revoke a school’s approval to enroll international students. The government can’t just issue a press release or letter announcing the revocation.” Mr. Yale-Loehr also said, “Substantively, Harvard has strong grounds to claim that the administration’s actions retaliate against Harvard for exercising its First Amendment rights to decide its curriculum and other issues. Harvard may also claim that the administration’s demands for records on all its international students violated the students’ privacy rights under federal law.”

Mr. Yale-Loehr was quoted by the Chronicle of Higher Education in Trump Administration Revokes Harvard’s Ability to Enroll International Students. “I’m confident in 40 years of practicing law, I’ve never seen a whole program revoked in [such] a sweeping way,” he said. The Department of Homeland Security can’t just “issue a letter or press release stating that a school can no longer enroll international students,” Yale-Loehr said. Yale-Loehr said Harvard’s foreign students should not automatically lose their legal status and should be given time to transfer, change to another visa, or leave the country.

Mr. Yale-Loehr was quoted by Syracuse.com in New York Inspector Makes a Call That Gets a Trucker Deported. Gov. Hochul Says He Was Wrong. He said he had never heard of a transportation inspector enforcing immigration law. “The facts here are egregious,” said Mr. Yale-Loehr. “Is this a rogue inspector, or a policy? Unless [New York Department of Transportation] workers or others are trained on which immigration documents make a person legal or illegal, they shouldn’t hold someone for [immigration authorities]. I can’t just go up to you on the street and say, ‘You look illegal, so I am going to hold you until ICE comes here,’ ” he said.

Mr. Yale-Loehr was quoted by 285 South in Brian and Anthony Got Married at an ICE Facility in Folkston. Now They’re Fighting for Brian’s Release. The article notes that “[p]reviously, if an immigrant whom the federal government was trying to remove from the country also had a pending green card application, the judge in charge of the removal might halt those proceedings—because the approval of the green card would render them moot.” Mr. Yale-Loehr said, “Under the Trump administration, however, many immigration judges no longer grant those administrative closures. So Brian still could be removed, even though he is married to a U.S. citizen.”

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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

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In this issue:

1. FY 2026 H-1B Initial Registration Selection Process Completed – U.S. Citizenship and Immigration Services has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year 2026 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap).

2. USCIS Announces Work Permit Procedures for Certain Hong Kong Residents Covered by Deferred Enforced Departure – U.S. Citizenship and Immigration Services announced procedures for certain Hong Kong residents covered by Deferred Enforced Departure to apply for Employment Authorization Documents valid through February 5, 2027.

3. E-Verify Makes ‘Minor Changes’ to Form I-9 – E-Verify announced that U.S. Citizenship and Immigration Services has made “minor” changes to Form I-9, Employment Eligibility Verification, to align with statutory language, and the Department of Homeland Security Privacy Notice has been updated.

4. Venezuela TPS Remains in Effect Following Court Order – Temporary Protected Status for Venezuela will remain in effect and the validity of work permits issued under the Venezuela TPS designations is extended through April 2, 2026, “pending further litigation.”

5. USCIS Updates Policy to Recognize Only Two Sexes: Male and Female – U.S. Citizenship and Immigration Services said that “if a benefit requestor does not indicate his or her sex or indicates a sex different from the sex on his or her birth certificate issued at the time of birth (or issued nearest to the time of birth), there may be delays in adjudication.”

6. Scrutiny of Visa Applicants, Green Card Holders, Students, Exchange Visitors Heightened Under Trump Administration – The Trump administration is increasingly scrutinizing visa applicants and even permanent residents (green card holders) and has placed a “temporary pause” on certain green card applications “to do more vetting.”

7. ABIL: Tips for International Travelers Entering the United States – Travel to the United States has gotten trickier in recent months. This article summarizes tips recommended by the Alliance of Business Immigration Lawyers for international travelers to the United States.

8. USCIS Reaches H-2B Cap for Second Half of FY 2025; Filing Dates Now Available for Supplemental Visas – U.S. Citizenship and Immigration Services has received enough petitions to meet the H-2B statutory cap for the second half of fiscal year 2025. Also, the filing dates for supplemental H-2B visas for the remainder of this fiscal year are now available.

9. DOL Updates Allowable Charges for Agricultural Workers’ Meals and for Travel Subsistence Reimbursement, Including Lodging – The Department of Labor’s Employment and Training Administration announced annual updates to allowable monetary charges that employers of H-2A workers, in occupations other than herding or production of livestock on the range, may charge workers when the employer provides three meals per day. The notice also announced the minimum and maximum amount of travel-related subsistence reimbursements required under the H-2A and H-2B programs, and reminded employers of their obligations for overnight lodging costs.

10. DHS Terminates Parole Programs for Cubans, Haitians, Nicaraguans, Venezuelans; Court Orders TPS for Venezuelans to Continue – The Department of Homeland Security (DHS) terminated parole programs for an estimated 530,000 Cubans, Haitians, Nicaraguans, and Venezuelans in the United States and their immediate family members. After a court order, DHS announced that Temporary Protected Status for Venezuela would remain in effect.

11. Lawsuit Challenges Trump Administration’s Use of 1798 Law to Justify Deportations of Venezuelans Without Due Process – The American Civil Liberties Union (ACLU), Democracy Forward, and the ACLU of the District of Columbia sued the Trump administration over President Trump’s “unlawful and unprecedented invocation” of the Alien Enemies Act of 1798, a wartime authority, to round up and deport Venezuelans from the United States without due process.

12. ICE Detains Tourists and U.S. Resident Foreign Nationals, Sparking Concern – U.S. Customs and Immigration Enforcement has stepped up detentions and deportations of foreign nationals entering the United States as tourists or permanent residents, leading to several countries issuing travel warnings.

13. Trump Administration Shuts Down Immigration Watchdog Offices – The Department of Homeland Security’s Citizenship and Immigration Services Ombudsman’s office has closed and its employees have been terminated, along with the offices of the Immigration Detention Ombudsman and Civil Rights and Civil Liberties.

14. U.S. Arrests and Detains Permanent Resident Protester, Raising First Amendment Concerns – The Trump administration has said it plans to expand arrests and deportations based on foreign policy grounds.

15. DOS Expands Foreign Affairs Functions Exempted From Public Notice Requirements; Significant Effects on Agency Rulemaking and Adjudications Likely – The declaration effectively constitutes an expansion to other federal agencies of the exemption of “foreign affairs” functions from Administrative Procedure Act requirements.

16. DHS Designates New Form for Registration and Fingerprinting – Following the Department of Homeland Security’s announcement that certain noncitizens in the United States must register and be fingerprinted, the agency released an interim final rule designating a new form for that purpose, effective April 11, 2025.

17. ICE Empties Guantanamo of Migrants; CBP Reduces Temporary Processing Facilities Along Southwest Border – U.S. Immigration and Customs Enforcement moved the last 40 migrants who had been detained at the U.S. Naval Base in Guantanamo Bay, Cuba, back to the United States.

18. April Visa Bulletin Announces Retrogression of China and India EB-5 Final Action Dates, Unavailability of EB-4 Immigrant Visas for Rest of Fiscal Year – The Department of State’s Visa Bulletin for April 2025 reports that increased demand and number use by China and India in the EB-5 unreserved immigrant investor green card category, combined with increased Rest of World demand and number use, has made it necessary to retrogress the final action dates.

19. DOS Resumes Processing of Following-to-Join Relatives of Refugees in United States – The annual limits will reset with the start of the new fiscal year on October 1, 2025.

20. CDC Removes COVID-19 Vaccination Requirement for Immigrant Visa Applicants – U.S. embassies and consulates will no longer refuse an immigrant visa application for failure to present documentation that the applicant received the COVID-19 vaccination.

21. OFLC Deletes Records From FLAG – Those with cases in the Foreign Labor Application Gateway system older than five years from the date of final determination should have downloaded them by March 19, 2025.

22. Trump Administration Plans to Restart and Expand Travel Bans – The travel ban would likely include Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen, along with Afghanistan, Pakistan, and possibly others.

23. USCIS Changes Many Forms With No Notice, Adds Grace Periods After Complaint Filed – U.S. Citizenship and Immigration Services (USCIS) posted changes to many forms with grace periods of up to one month, immediately following a complaint filed by the American Immigration Lawyers Association challenging USCIS’s publishing new editions of immigration forms with no notice and requiring their use with no grace period.

24. USCIS Plans to Require Applicants to Provide Access to Social Media Accounts – U.S. Citizenship and Immigration Services said there was a “need to collect social media identifiers (‘handles’) and associated social media platform names from applicants to enable and help inform identity verification, national security and public safety screening, and vetting, and related inspections.”

25. Trump Administration Fires EOIR Personnel and Immigration Judges While Backlogs Grow – The Trump administration has fired a number of Executive Office for Immigration Review staff and immigration judges (IJs), along with more than a dozen members of the Board of Immigration Appeals.

26. Annual Limit Reached in EB-4 Category – The annual limits will reset with the start of the new fiscal year on October 1, 2025.

27. President Trump Designates English as Official Language But Does Not Require Agencies to Delete or Stop Producing Materials in Other Languages – The order states that agency heads “are not required to amend, remove, or otherwise stop production of documents, products, or other services prepared or offered in languages other than English.”

28. Elon Musk Arrested on April 1 for Working Illegally in the United States – On April 1, 2025, as part of a crackdown on immigrant students for national security reasons, the Department of Homeland Security announced the arrest of Elon Musk for working illegally in the United States in the 1990s while he was in J-1 student status.

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 – April 2025

1. FY 2026 H-1B Initial Registration Selection Process Completed

U.S. Citizenship and Immigration Services (USCIS) announced on March 31, 2025, that it has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2026 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). USCIS said it has notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for those beneficiaries.

An H-1B cap-subject petition must be properly filed at the correct filing location or online at my.uscis.gov and within the filing period indicated on the relevant selection notice, USCIS explained. Petitioners must include a copy of the applicable selection notice with the FY 2026 H-1B cap-subject petition. Petitioners must also submit evidence of the beneficiary’s valid passport or travel document used at the time of registration to identify the beneficiary.

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2. USCIS Announces Work Permit Procedures for Certain Hong Kong Residents Covered by Deferred Enforced Departure

On April 3, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a Federal Register notice establishing procedures for certain Hong Kong residents covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) that will be valid through February 5, 2027.

The notice automatically extends through February 5, 2027, the validity of current Hong Kong DED-related EADs with an expiration date of February 5, 2023, or February 5, 2025, and a Category Code of A11. Employees may present this EAD as evidence of identity and employment authorization for purposes of Form I-9, Employment Eligibility Verification.

USCIS explained that since DED “is a directive to defer removal of an individual, rather than a specific immigration status like Temporary Protected Status, there is no DED application form required for an individual to be covered by DED. If an individual covered by DED wants to apply for an EAD, they must file Form I-765. Similarly, if an individual covered by DED wants to apply for advance travel authorization, they must file Form I-131.”

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3. E-Verify Makes ‘Minor Changes’ to Form I-9

On April 2, 2025, E-Verify announced that U.S. Citizenship and Immigration Services has made “minor” changes to Form I-9, Employment Eligibility Verification, to align with statutory language, and the Department of Homeland Security (DHS) Privacy Notice has been updated. The revised Form I-9 with an edition date of 01/20/25 and an expiration date of 05/31/2027 is available for download. Multiple previous editions remain valid until their respective expiration dates:

• Form I-9 (08/01/23 edition) is valid until 05/31/2027

• Form I-9 (08/01/23 edition) that is valid until 07/31/2026 (employers using this form must update their electronic systems with the 05/31/2027 expiration date by July 31, 2026)

Key updates include:

• Renaming the fourth checkbox in Section 1 to “An alien authorized to work” from “A noncitizen authorized to work”

• Revising the descriptions of two List B documents in the Lists of Acceptable Documents

• Adding statutory language and a revised DHS Privacy Notice to the instructions

E-Verify said that employers should note:

• If an employee attests on Form I-9 as “A noncitizen authorized to work,” the employer must select “An alien authorized to work” in E-Verify.

• E-Verify cases will display “An alien authorized to work,” while employees and employers may continue to see “A noncitizen authorized to work” on Form I-9, depending on the form edition being used.

• E-Verify+ participants will see the updated 01/20/25 edition date and 05/31/2027 expiration date reflected in Form I-9NG.

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4. Venezuela TPS Remains in Effect Following Court Order

On April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that Temporary Protected Status (TPS) will remain in effect following a court order. On March 31, 2025, the United States District Court for the Northern District of California ordered postponement of the vacatur, published February 3, 2025, and of the termination, published February 5, 2025, of the 2023 TPS designation for Venezuela.

In light of the order, USCIS said that TPS for Venezuela will remain in effect until the Department of Homeland Security “obtains relief from that order.” Further, the validity of work permits with an expiration date of September 10, 2025; April 2, 2025; March 10, 2024; or September 9, 2022, issued under the Venezuela TPS designations is similarly extended through April 2, 2026, “pending further litigation.”

USCIS said that employers should refer to the TPS webpage regularly for updates.

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5. USCIS Updates Policy to Recognize Only Two Sexes: Male and Female

On April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that under a Trump administration executive order, it has updated the USCIS Policy Manual to state that it only recognizes two biological sexes: male and female.

Under this guidance, USCIS considers a person’s sex as “that which is generally evidenced on the birth certificate issued at or nearest to the time of birth. If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence.”

USCIS said it will not deny benefits solely because the benefit requestor “did not properly indicate his or her sex.” However, USCIS noted that it “does not issue documents with a blank sex field,” so “if a benefit requestor does not indicate his or her sex or indicates a sex different from the sex on his or her birth certificate issued at the time of birth (or issued nearest to the time of birth), there may be delays in adjudication.”

USCIS said it “may provide notice to benefit requestors if it issues a USCIS document reflecting a sex different than that indicated by the benefit requestor on the request.”

This guidance applies to benefit requests pending or filed on or after April 2, 2025, USCIS said, adding that the guidance in the Policy Manual “is controlling and supersedes any related prior guidance.”

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6. Scrutiny of Visa Applicants, Green Card Holders, Students, Exchange Visitors Heightened Under Trump Administration

According to reports, the Trump administration is increasingly scrutinizing visa applicants and even permanent residents (green card holders) and has placed a “temporary pause” on certain green card applications “to do more vetting.”

As part of these activities, Secretary of State Marco Rubio recently sent a cable to some Department of State employees on enhanced screening and social media vetting of visa applicants. Among other things, the cable states that effective immediately, consular officers must refer new or returning student and exchange visitor (F, M, and J) visa applicants to the Fraud Prevention Unit (FPU) for a mandatory social media check if they meet certain criteria:

• An applicant who the officer has reason to believe has openly advocated for a designated foreign terrorist organization;
• An applicant who was previously in the United States in F-1, M-1, or J-1 visa status between October 7, 2023, and August 31, 2024;
• An applicant whose previous SEVIS record was terminated between October 7, 2023, and the present.

The cable states that evidence that an applicant:

…advocates for terrorist activity, or otherwise demonstrates a degree of public approval or public advocacy for terrorist activity or a terrorist organization, may be indicative of ineligibility. [This may be] evident in conduct that bears a hostile attitude toward U.S. citizens or U.S. culture (including government, institutions, or founding principles). Or it may be evident in advocacy or sympathy for foreign terrorist organizations. All of these matters may open lines of inquiry regarding the applicant’s credibility and purpose of travel.

The cable notes that a consular officer’s revocation of a visa “must be based on an actual finding that the individual is ineligible for the visa,” not merely on suspected ineligibility or based on derogatory information that is insufficient to support an ineligibility finding “other than a revocation based on driving under the influence.” If an officer suspects ineligibility, the post should refer the case for further review.

Some students on visas or even with green cards, have been detained and targeted for removal under INA § 237(a)(4)(C)(i), which authorizes the Secretary of State to “personally determine that [an] alien’s presence would compromise a compelling U.S. foreign policy interest” even if their statements, associations, and beliefs would be lawful.

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7. ABIL: Tips for International Travelers Entering the United States

Travel to the United States has gotten trickier in recent months. Below is a summary of tips recommended by the Alliance of Business Immigration Lawyers for international travelers to the United States:

• Make sure all of your documents are in order and have not expired, and that you do not have a renewal application pending. Consult with an immigration attorney before traveling for advice in specific situations.
• Consider not entering the United States now if your country is on a proposed “red” list of travel ban countries, which includes Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.
• Remember that U.S. Customs and Border Patrol officers have wide leeway at ports of entry to decide who enters and who does not, regardless of visa status, and to conduct electronic searches. They can require travelers to unlock cell phones, reveal laptop passwords, or give officers their digital cameras, for example. U.S. citizens and green card holders can refuse to answer questions (other than those establishing identity and status) and still enter the country (although this could lead to delays or seizure of devices), but those with visas do not have the same rights. The American Civil Liberties Union of Northern California advises not giving up your green card voluntarily. Some advise turning off phones and wiping data from all devices before passing through a port of entry.
• If your device is confiscated, request the name, badge number, and agency of the officer, and ask for a receipt or call the agency to request one.
• Keep your immigration attorney’s contact information handy, along with contact information for a local friend. If it appears that you might be going into secondary inspection, you can text your friend and ask them to get in touch with your immigration attorney.
• Keep in mind that in the past, rejected travelers were often put on the next plane out, but more recently, some have been detained for days, weeks, or more.
• Check your home country’s travel advisories and warnings before traveling. Consider deferring travel to or from the United States if not necessary.
• If you are referred to secondary inspection, request an interpreter if needed and available. There ordinarily will be a transcript (official record) of the questions and answers also.

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8. USCIS Reaches H-2B Cap for Second Half of FY 2025; Filing Dates Now Available for Supplemental Visas

On March 26, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to meet the H-2B statutory cap for the second half of fiscal year (FY) 2025. Also, the filing dates for supplemental H-2B visas for the remainder of FY 2025 are now available.

USCIS said that March 5, 2025, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after April 1, 2025, and before October 1, 2025.

A chart in Temporary Increase in H-2B Nonimmigrant Visas for FY 2025 includes information about the supplemental visas and relevant filing dates.

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9. DOL Updates Allowable Charges for Agricultural Workers’ Meals and for Travel Subsistence Reimbursement, Including Lodging

On March 24, 2025, the Department of Labor’s (DOL) Employment and Training Administration (ETA) announced annual updates to allowable monetary charges that employers of H-2A workers, in occupations other than herding or production of livestock on the range, may charge workers when the employer provides three meals per day. The notice also announced the minimum and maximum amount of travel-related subsistence reimbursements required under the H-2A and H-2B programs, and reminded employers of their obligations for overnight lodging costs as part of required subsistence and reasonable travel costs to and from a worksite.

The updated maximum allowable charge for meals is $16.28 per day, and an employer is not permitted to charge a worker more than that amount unless an Office of Foreign Labor Certifications Certifying Officer approves a higher charge.

The standard meals and incidental expenses (M&IE) rate for the continental United States (CONUS) is $68 per day for 2025. Workers who qualify for subsistence reimbursement are entitled to reimbursement for meals and lodging up to the standard CONUS M&IE rate when they provide receipts. In determining the appropriate amount of reimbursement for meals for less than a full day, the notice states, the employer may limit the meal expense reimbursement, with receipts, to 75 percent of the maximum reimbursement for meals, or $51, based on the General Services Administration per diem schedule.

The notice states that an employer is responsible for costs necessary for the worker to travel to the place of employment if the worker completes 50 percent of the work contract period. The employer also is responsible for the costs of return transportation.

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10. DHS Terminates Parole Programs for Cubans, Haitians, Nicaraguans, Venezuelans; Court Orders TPS for Venezuelans to Continue

The Department of Homeland Security (DHS) terminated parole programs for an estimated 530,000 Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) in the United States and their immediate family members that DHS announced in 2022 and 2023. After a court order, DHS announced that Temporary Protected Status for Venezuela would remain in effect and the validity of work permits issued under the Venezuela TPS designations was extended through April 2, 2026, “pending further litigation.”

An advance copy of the notice set the date of termination of the CHNV programs as of the date of publication in the Federal Register, scheduled for March 25, 2025, and the date of the temporary parole period for eligible individuals at 30 days after publication. “Parolees without a lawful basis to remain in the United States following this termination of the CHNV parole programs must depart the United States before their parole termination date,” the notice states.

“Paroled aliens, including those paroled under the CHNV parole programs, may apply for any immigration benefit or status for which they may be eligible, including discretionary employment authorization under the [8 CFR 274a.12(c)(11)] employment eligibility category,” the notice says, adding that “the Secretary retains discretion to continue to extend parole to any alien paroled under CHNV—temporarily under such conditions as she may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit.”

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11. Lawsuit Challenges Trump Administration’s Use of 1798 Law to Justify Deportations of Venezuelans Without Due Process

The American Civil Liberties Union (ACLU), Democracy Forward, and the ACLU of the District of Columbia sued the Trump administration over President Trump’s “unlawful and unprecedented invocation” of the Alien Enemies Act of 1798 (AEA), a wartime authority, to round up and deport Venezuelans from the United States without due process that it asserted were gang members. The complaint notes that:

[T]he AEA has only ever been a power invoked in time of war, and plainly only applies to warlike actions: it cannot be used here against nationals of a country—Venezuela—with whom the United States is not at war, which is not invading the United States, and which has not launched a predatory incursion into the United States. The government’s Proclamation would allow agents to immediately put noncitizens on planes without any review of any aspect of the determination that they are Alien Enemies. Upon information and belief, the government has transferred Venezuelans who are in ongoing immigration proceedings in other states, bringing them to Texas to prepare to summarily remove them and to do so before any judicial review—including by [the U.S. District Court for the District of Columbia]. For that reason, Plaintiffs-Petitioners and the putative class that they represent seek this Court’s intervention to temporarily restrain these summary removals, and to determine that this use of the AEA is unlawful and must be stopped.

The ACLU noted that on March 15, 2025, a federal judge “broadened the scope of a temporary restraining order (TRO) blocking the Trump administration from removing immigrants from the United States using the Alien Enemies Act. The ruling extended the order to everyone in danger of removal under the act and granted class certification.” The March 15 decision said the President’s “attempt to summarily remove Venezuelan noncitizens exceeds the wartime authority that Congress delegated in the AEA, violates the process and protections that Congress has prescribed elsewhere in the country’s immigration laws for the removal of noncitizens, and violates due process.”

On March 15, apparently while the judge was holding a hearing on the ACLU case, several planes took off with hundreds of Venezuelans to be detained in a maximum-security prison in El Salvador. Many details were unclear, but Reuters published a timeline. The names of the Venezuelans on board were not released by the U.S. government, but CBS News reported names it said were on an internal government list it obtained of 238 Venezuelans taken to El Salvador. After the hearing on March 15, the judge ordered that “any plane containing these folks—because it’s going to take off or it’s in the air—needs to be returned to the United States.” Instead the planes landed in El Salvador and the Venezuelans were taken to prison.

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12. ICE Detains Tourists and U.S. Resident Foreign Nationals, Sparking Concern

According to reports, U.S. Customs and Immigration Enforcement (ICE) has stepped up detentions and deportations of foreign nationals entering the United States as tourists or permanent residents, leading to several countries issuing travel warnings.

Recent developments include:

• Axios reported that French government officials said that a French researcher headed for a conference in Houston, Texas, was denied entry into the United States based on messages critical of the Trump administration’s policies on academic research. Axios provided several other examples. Philippe Baptiste, France’s minister of higher education and research, said he has requested an emergency meeting with other European ministers on academic freedom.
• Also, a federal judge has blocked the deportation of a Georgetown University researcher, Badar Khan Suri, “unless and until the Court issues a contrary order.” Mr. Suri was accused of spreading Hamas propaganda. A lawsuit filed by Mr. Suri, who is a visiting scholar, said that the government’s “plans to whisk him 1,600 miles away in the same manner as the government did in the case of Mr. Mahmoud Khalil, isolating him from his wife, children, community and legal team, are plainly intended as retaliation and punishment for Mr. Suri’s protected speech.” Mr. Suri’s wife, a U.S. citizen, is a Palestinian who has reportedly criticized U.S. foreign policy toward Israel.

The detentions have aroused international concern. Der Spiegel reported [in German with English translation available via Google Translate] that Germany has enhanced its advice to Germans traveling to the United States after several Germans were detained, warning of possible “arrest, deportation detention and deportation” in certain circumstances and noting that U.S. border officials have the authority to deny entry despite a visa or Electronic System for Travel Authorization clearance. Canada, Denmark, and Finland have also issued travel advisories for their citizens, and the United Kingdom has revised its advice. Some of the warnings note that the Department of State has eliminated the “X” marker on passports for those not identifying as male or female.

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13. Trump Administration Shuts Down Immigration Watchdog Offices

According to reports, the Department of Homeland Security’s (DHS) Citizenship and Immigration Services Ombudsman’s office has closed and its employees have been terminated, along with the offices of the Immigration Detention Ombudsman and Civil Rights and Civil Liberties.

Tricia McLaughlin, a DHS spokesperson, said that the offices “have obstructed immigration enforcement by adding bureaucratic hurdles and undermining DHS’s mission. Rather than supporting law enforcement efforts, they often function as internal adversaries that slow down operations.” But Rep. Bennie Thompson (D-MS), the top Democrat on the Homeland Security Committee, said the mass firings were an attempt to ensure “that there will be no transparency or oversight of [President Trump’s] extreme agenda.”

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14. U.S. Arrests and Detains Permanent Resident Protester, Raising First Amendment Concerns

On March 8, 2025, U.S. Immigration and Customs Enforcement (ICE) agents arrested and detained Mahmoud Khalil, a recent Columbia University graduate, Syrian immigrant, and pro-Palestinian protester who is a permanent resident of the United States. On March 10, 2025, a U.S. district judge ordered that Mr. Khalil not be removed from the United States pending a ruling on his petition.

According to reports, Secretary of State Marco Rubio personally signed off on the revocation of Mr. Khalil’s permanent resident status after receiving information from the Department of Homeland Security that Mr. Khalil had participated in “pro-Hamas rallies” at which pro-Hamas propaganda was distributed. The Trump administration has said it plans to expand arrests and deportations based on foreign policy grounds under the Immigration and Nationality Act: “An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.” Otherwise lawful statements, beliefs, or associations cannot be used as grounds for exclusion or deportation, unless the Secretary of State “personally determines that the alien’s admission would compromise a compelling United States foreign policy interest.”

The Khalil case has raised First Amendment concerns about people’s right to express views that differ from those of the U.S. government. Commenters have noted, for example, that in a concurring opinion in the 1945 Supreme Court case, Bridges v. Wixon, Justice Francis Murphy wrote that “once an alien lawfully enters and resides in this country he becomes invested with the rights guaranteed by the Constitution to all people within our borders.” Although DHS stated that Mr. Khalil had participated in “pro-Hamas” activities, Baher Azmy, legal director of the Center for Constitutional Rights and one of Khalil’s attorneys, said that his detention “has nothing to do with security; it is only about repression. The United States government has taken the position that it can arrest, detain, and seek to deport a lawful permanent resident exclusively because of his peaceful, constitutionally protected activism. In this case, in support of Palestinian human rights and an end to genocide in Gaza.” It was unclear what evidence DHS used to determine that Mr. Khalil’s actions constituted “pro-Hamas” activities. Hamas is a designated terrorist organization.

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15. DOS Expands Foreign Affairs Functions Exempted From Public Notice Requirements; Significant Effects on Agency Rulemaking and Adjudications Likely

Secretary of State Marco Rubio published a notice on March 14, 2025, that includes a statement dated February 21, 2025, reiterating that the Department of State’s (DOS) foreign affairs purview includes “all policy related to the protection and travel of U.S. citizens overseas, visa operations and visa issuance, implementation of the Arms Export Control Act, and implementation of the Mutual Educational and Cultural Exchange Act of 1961.”

The notice further declares that “all efforts, conducted by any agency of the federal government, to control the status, entry, and exit of people, and the transfer of goods, services, data, technology, and other items across the borders of the United States, constitute a foreign affairs function of the United States under the Administrative Procedure Act [APA].” This effectively constitutes an expansion to other federal agencies of the exemption of these “foreign affairs” functions from the APA’s requirements.

Commenters noted that this determination could have significant effects on rulemaking and adjudications of several agencies. For example, NAFSA said this means that agencies such as DOS and the Departments of Homeland Security and Labor could issue new immigration and border-related regulations without notice and comment; make legal challenges based on APA violations more difficult; and potentially reduce transparency in immigration-related adjudications, including removal proceedings.

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16. DHS Designates New Form for Registration and Fingerprinting

Following the Department of Homeland Security’s (DHS) announcement that certain noncitizens in the United States must register and be fingerprinted, the agency released an interim final rule designating a new registration form, G-325R, for that purpose, effective April 11, 2025. There is no fee. DHS requests comments on the interim rule by May 12, 2025.

According to DHS:

• With limited exceptions (e.g., for visa holders who have already been registered and fingerprinted (through their application for a visa) and A and G visa holders), those above the age of 14 who remain in the United States for 30 days or longer must apply for registration and be fingerprinted before the expiration of 30 days.
• Similarly, parents and legal guardians must ensure that their children below the age of 14 are registered.
• Any noncitizen, regardless of previous registration, who turns 14 years old in the United States must update their registration and be fingerprinted within 30 days after their 14^th
• Green card holders (permanent residents) who obtained their green cards under age 14 must register by filing Form I-90, to replace their green cards, and be fingerprinted, upon reaching age 14. They should file Form I-90 instead of Form G-325R.
• Willful failure or refusal to apply to register or to be fingerprinted is punishable by a fine of up to $5,000 or imprisonment for up to six months, or both.
• Those who register under these requirements will receive a “certificate of alien registration or alien registration receipt card” and must “at all times carry and have [it] in their personal possession.” Such persons also must notify DHS in writing of any changes of address.

Contact your Alliance of Business Immigration Lawyers attorney for advice in specific situations.

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17. ICE Empties Guantanamo of Migrants; CBP Reduces Temporary Processing Facilities Along Southwest Border

According to reports, on March 11, 2025, U.S. Immigration and Customs Enforcement (ICE) moved the last 40 migrants who had been detained at the U.S. Naval Base in Guantanamo Bay, Cuba, back to the United States, thus emptying out the Guantanamo detention center. This was the second time the Trump administration brought migrants to Guantanamo and then removed them. In February, 177 Venezuelans were brought to Guantanamo and then repatriated to Venezuela, and on March 2, 48 were brought to the United States from Guantanamo. About 290 migrants have been brought to Guantanamo and then flown out following President Trump’s order to take migrants there.

It was unclear why the 40 migrants were flown from Guantanamo to the international airport in Alexandria, Louisiana, as no announcements were made. The move occurred shortly before a U.S. district court was scheduled to hear several cases challenging aspects of the Guantanamo detention policy. The operation has cost a reported $16 million so far, with a staff of about 1,000 security personnel and contractors, many from U.S. military bases.

Also, on March 13, 2025, following a drop in apprehensions along the U.S. southwest land border, U.S. Customs and Border Protection (CBP) announced that it is closing some of the temporary processing facilities in that area. “CBP no longer has a need for them as illegal aliens are being quickly removed. The U.S. Border Patrol has full capability to manage the detention of apprehended aliens in its permanent facilities. Manpower and other resources dedicated to temporary processing facilities will be redirected toward other priorities and will speed CBP’s progress in gaining operational control over the southwest border,” said Pete Flores, Acting CBP Commissioner.

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18. April Visa Bulletin Announces Retrogression of China and India EB-5 Final Action Dates, Unavailability of EB-4 Immigrant Visas for Rest of Fiscal Year

The Department of State’s Visa Bulletin for April 2025 reports that increased demand and number use by China and India in the EB-5 unreserved immigrant investor green card category, combined with increased Rest of World demand and number use, has made it necessary to retrogress the final action dates to hold number use within the maximum allowed under the fiscal year (FY) 2025 annual limits. The bulletin states that it may also become necessary to establish a final action date for Rest of World countries if demand and number use continue to increase.

The bulletin also includes a reminder that immigrant visas for FY 2025 in the EB-4 category, which includes certain religious workers under the SR visa category, remain unavailable. The bulletin notes that annual limits will reset with the start of the new fiscal year on October 1, 2025. “At that point, embassies and consulates may resume issuing immigrant visas in this category to qualified applicants,” the bulletin says.

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19. DOS Resumes Processing of Following-to-Join Relatives of Refugees in United States

Following a preliminary injunction in Pacito v. Trump, the Department of State (DOS) announced on March 14, 2025, that it has resumed processing of following-to-join beneficiaries who are relatives of refugees already in the United States.

DOS said it will “communicate directly with beneficiaries whose appointments were previously canceled to reschedule these appointments.” The agency said it also will continue processing any application for which the following-to-join refugee beneficiary has already been interviewed. “Beneficiaries wishing to continue their applications will require a sponsor to fund their medical exams and travel to the United States,” DOS said.

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20. CDC Removes COVID-19 Vaccination Requirement for Immigrant Visa Applicants

Effective March 11, 2025, the Centers for Disease Control and Prevention (CDC) has removed from its technical instructions to panel physicians the requirement that immigrant visa applicants receive the COVID-19 vaccination, the Department of State (DOS) announced.

Based on the CDC’s updated guidance to panel physicians, U.S. embassies and consulates will no longer refuse an immigrant visa application for failure to present documentation that the applicant received the COVID-19 vaccination. “Applicants whose medical exams are unexpired and otherwise still valid for travel to the United States, and whom a consular officer previously found ineligible based solely on the applicant’s failure to establish vaccination against COVID-19, may have a new medical exam issued by the panel physician without a fee,” DOS said. To request this, affected applicants “should reach out to the U.S. embassy or consulate at which they executed their application for an immigrant visa.”

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21. OFLC Deletes Records From FLAG

On March 11, 2025, the Department of Labor’s Office of Foreign Labor Certification (OFLC) announced the deletion of records beginning Thursday, March 20, 2025. The following OFLC programs were be affected:

• Prevailing Wage Determinations (PWD)
• Permanent Labor Certification Applications (PERM)
• Temporary Labor Certification Applications (H-2A, H-2B, CW-1 visas)
• Temporary Labor Condition Applications (H-1B, H-1B1, E-3 visas)

OFLC said that those with cases in the Foreign Labor Application Gateway (FLAG) system older than five years from the date of final determination should have downloaded them by March 19, 2025.

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22. Trump Administration Plans to Restart and Expand Travel Bans

According to reports, the Trump administration is preparing to restart and expand a travel ban policy against certain countries that had been implemented during his first administration. Officials said the travel ban would likely include the same countries that were on the list the first time—Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen—and that Afghanistan and Pakistan could be added, along with possibly others.

It is unclear whether the travel ban will include highly vetted Afghans already cleared for U.S. resettlement on Special Immigrant Visas (SIVs) or as refugees due to their working with the United States during the war with the Taliban. The Department of State’s Coordinator for Afghan Relocation Efforts recommended an exemption for SIV-holders “but it’s not assumed likely to be granted,” according to one source. That office has been ordered to close. “Shutting this down would be a national disgrace, a betrayal of our Afghan allies, of the veterans who fought for them, and of America’s word,” said Shawn VanDiver, founder of #AfghanEvac. Meanwhile, Afghan evacuation and resettlement efforts have been paused.

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23. USCIS Changes Many Forms With No Notice, Adds Grace Periods After Complaint Filed

On March 8, 2025, U.S. Citizenship and Immigration Services (USCIS) posted changes to many forms with grace periods for their use of up to one month. This immediately followed a complaint filed by the American Immigration Lawyers Association (AILA) and Benach Collopy LLP for declaratory and injunctive relief to challenge USCIS’s publishing new editions of immigration forms with no notice and requiring their use with no grace period.

AILA explained that on Monday, March 3, and again on Tuesday, March 4, 2025, USCIS “abruptly posted multiple forms for immediate use and removed the previous versions, only permitting the submission of the new form editions. No notice was given, no grace period was implemented.” AILA said that across the United States, “immigration attorneys and their clients were faced with the reality that potentially tens of thousands of forms that had been submitted properly and in accordance with the law would be rejected even if mailed before the new form was made available.” AILA said it reached out to USCIS to “request a grace period for acceptance of the new forms, but the agency offered no clear relief or public guidance” and thus “litigation was required.” Shortly after AILA filed the lawsuit, USCIS responded that “while no definite grace period is being provided, USCIS will exercise its discretion to not reject previous versions of forms that are submitted for a reasonable period after the new versions take effect.” USCIS then subsequently posted grace periods.

According to AILA, at least some of the changes are related to gender identity language and reinstituting the use of “alien.”

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24. USCIS Plans to Require Applicants to Provide Access to Social Media Accounts

On March 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it plans to require applicants for various immigration benefits to provide access to their social media accounts. USCIS said there was a “need to collect social media identifiers (‘handles’) and associated social media platform names from applicants to enable and help inform identity verification, national security and public safety screening, and vetting, and related inspections.”

The agency said the collection of information was “necessary to comply with section 2 of the Executive order (E.O.) entitled ‘Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,’ which directs implementation of uniform vetting standards and requires the collection of all information necessary for a rigorous vetting and screening of all grounds of inadmissibility or bases for the denial of immigration-related benefits.” The Department of State already asks for social media information in conjunction with visa applications filed outside of the United States.

USCIS said comments are “encouraged” and will be accepted until May 5, 2025.

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25. Trump Administration Fires EOIR Personnel and Immigration Judges While Backlogs Grow

According to reports, the Trump administration has fired a number of Executive Office for Immigration Review staff and immigration judges (IJs). On February 14, 2025, 13 IJs who had been hired recently were summarily fired, along with seven assistant chief IJs. One IJ, Kerry Doyle, was fired via an email with the subject line “Termination” that stated, “EOIR has determined that retaining you is not in the best interest of the agency,” with no other details. Her hiring process had taken 14 months with multiple interviews, and she was appointed in December 2024.

Since February 14, according to the International Federation of Professional and Technical Engineers, a parent union of the National Association of Immigration Judges (NAIJ), at least two more IJs have been fired, along with eight supervisory assistant chief immigration judges and five senior managers. Some were recent hires, but others had been on the job for a long time. Collectively, they would have been responsible for hearing an estimated 10,000 cases this year. More IJs and staff are leaving or retiring early. In addition, more than a dozen of the 28 members of the Board of Immigration Appeals were purged.

It is unclear if or when the fired staff will be replaced. Aaron Reichlin-Melnick, a senior fellow with the American Immigration Council, posted on Bluesky that the actions were an “ideological purge” and that the results show “how much ‘fire everyone’ conflicts badly with ‘deport everyone.’ ” Meanwhile, backlogs continue to grow, reaching nearly 3.6 million cases, as evidenced by the graph below:

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26. Annual Limit Reached in EB-4 Category

The Department of State (DOS), in collaboration with U.S. Citizenship and Immigration Services, announced that it has issued all available immigrant visas in the employment-based fourth preference (EB-4) category for fiscal year (FY) 2025. This category of about 10,000 green cards per year is for a variety of people, including religious workers and special immigrant juveniles.

DOS said that “embassies and consulates may not issue visas in these categories for the remainder of the fiscal year. The annual limits will reset with the start of the new fiscal year (FY 2026) on October 1, 2025. At that point, embassies and consulates may resume issuing immigrant visas in this category to qualified applicants.”

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27. President Trump Designates English as Official Language But Does Not Require Agencies to Delete or Stop Producing Materials in Other Languages

On March 1, 2025, President Trump issued an executive order designating English as the official language of the United States.

Notably, although the order states that Executive Order 13166 of August 11, 2000 (Improving Access to Services for Persons with Limited English Proficiency), is revoked, the order does not require or direct any change in the services provided by any agency: “Agency heads should make decisions as they deem necessary to fulfill their respective agencies’ mission and efficiently provide Government services to the American people. Agency heads are not required to amend, remove, or otherwise stop production of documents, products, or other services prepared or offered in languages other than English.”

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28. Elon Musk Arrested on April 1 for Working Illegally in the United States

On April 1, 2025, as part of a crackdown on immigrant students for national security reasons, the Department of Homeland Security announced the arrest of Elon Musk for working illegally in the United States in the 1990s after he was in J-1 student status and dropped out of school.

Mr. Musk, born in South Africa, obtained Canadian citizenship through his mother. On a J-1 visa, Mr. Musk graduated from the University of Pennsylvania and enrolled in a graduate program at Stanford University’s Materials Science and Engineering school, but dropped out to launch his start-up company. To maintain J-1 status, a student must be actively engaged in a full course of study to be allowed to work. Mr. Musk has stated in tweets that he went from J-1 to H-1B status, but it is unclear how he eventually got H-1B status if he had fallen out of J-1 status, and what happened in between. According to reports, enforcement of student visa restrictions increased after the terror attacks of September 11, 2001.

Noting that there are “a lot of men that maybe we don’t want in our country,” President Trump said it was time to crack down on immigration scofflaws like Mr. Musk who skirt the rules, as “a defense of our country” in the face of a “national emergency.” He said Mr. Musk would be sent to a tent before being deported. “We have thousands of tents. We have a lot of tents; we have a lot of everything,” he said, adding that he told Mr. Musk, “Out. Get out. Just get out.” Such people, he said, “disrespect the foundations of American government by voluntarily choosing to break the law.” If Mr. Musk wants to come back, President Trump said, he can buy a “gold card” visa.

Mr. Trump therefore signed a new, big, beautiful “April Fool’s” executive order deporting Mr. Musk, effective April 1, 2025. “It’s the best executive order you’ve ever seen,” he said.

According to rumors, Melania Trump, who also has possible gray areas in her immigration history, was seen trying out the new CBP Home self-deportation app.

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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, 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 has 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

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ABIL Member / Firm News

Klasko Immigration Law Partners, LLP, has published Prioritizing Immigration Compliance: Considerations for Employers.

Klasko Immigration Law Partners, LLP, published several new blog posts: DHS Implements New Requirements for Non-U.S. Citizens Not Previously Registered, FAQ: New Fingerprint and Registration Requirement for Certain Noncitizens, and USCIS Announces Upcoming Fingerprint and Registration Requirement for Certain Noncitizens.

Klasko Immigration Law Partners, LLP, was named among the “Best Companies to Work For” by U.S. News & World Report for a second year, in the Law Firms category. In a statement, Klasko said, “This recognition highlights the firm’s unwavering commitment to cultivating a workplace where employees feel valued, supported, and empowered to succeed.”

Klasko Immigration Law Partners, LLP, announced that partner Michele Madera has been selected to serve on the Board of Directors of the Garces Family Foundation. Klasko said that Ms. Madera “is honored to support the mission, values, and programs of the Garces Family Foundation, particularly its initiatives benefiting immigrant communities in the Philadelphia region, such as English, GED, and Digital Literacy classes.”

Charles Kuck was quoted by the Bulwark in Will Trump Invoke the Insurrection Act of 1807 Next? He said that President Trump’s potential invocation of the Insurrection Act would not pass muster in the courts because he would be arguing two things at cross purposes. “I don’t know how you can say the border is closed and safer than ever and then say there’s an insurrection that needs to be put down. They’re starting to get pushback from their own voters over the crazy stuff they’re doing, so that might be a step too far.”

Mr. Kuck was quoted by Blavity in Morehouse College Prepares Students for Potential ICE Raids on Campus. He said, “If an ICE agent talks to you, you have no legal obligation to respond to them. You have no legal obligation to produce paper. You have no legal obligation to allow them into your house without a warrant signed by a judge. Even if you’re undocumented, every right in the Constitution is given to you … in your personal life.”

Mr. Kuck was quoted by 11 Alive in Recently Engaged, Beloved Barber Arrested by ICE – How His Immigration Story Is Questioning the System. He said, “Somebody who has been pardoned by the state, been forgiven, moved on with his life, ICE comes along decades later and arrests him and says they’re going to deport him. Our laws haven’t changed in 30 years. What’s changed is how they’re enforced.”

Mr. Kuck was quoted by Marianne in “Nous Allons Révoquer les Visas des Partisans du Hamas”: Comment Donald Trump s’en Prend aux Militants Pro-Palestiniens [We Will Revoke the Visas of Hamas Supporters: How Donald Trump Attacks Pro-Palestinian Activists]. Mr. Kuck said, “Si vous êtes un étudiant étranger ou un résident permanent qui a été détenu pendant les manifestations, vous êtes une cible de cette administration. Vous devez vous préparer, contacter vos professeurs et leur dire que vous finirez peut-être le semestre en prison ou à l’étranger.” [“If you’re a foreign student or permanent resident who was detained during the protests, you’re a target of this administration. You need to prepare, contact your professors, and tell them you may end up in jail or abroad.”] [Translated to English with Google Translate.]

Mr. Kuck was interviewed by WSB TV 2 in Immigration Crackdown. Commenting on the use of police to aid in immigration enforcement, Mr. Kuck said that “it doesn’t make a lot of sense.” He noted that “you cannot train somebody on immigration law in a couple of hours” and that “immigration law is wildly complicated.”

Mr. Kuck was quoted by the Intelligencer in Prince Harry Is (Probably) Not Getting Deported. He said that he was “stunned” that a judge allowed the release of Prince Harry’s immigration files, and that he does not think the prince will be deported from the United States. “Given that many of these facts were known about Harry before he filed for his green card, then I don’t think immigration is going to be able to revoke his green card. This is being done as a publicity stunt, not, I think, to ultimately take Harry’s green card away.”

Mr. Kuck was quoted by CNN in Heavily Redacted Documents Reveal Little in Lawsuit Over Prince Harry’s Immigration Records. Commenting on a question the Form I-485, Application to Register Permanent Residence or Adjust Status, asks, “Have you ever violated (…) any controlled substance law or regulation of a state, the United States, or a foreign country?,” Mr. Kuck said that question has been the subject of numerous cases before the Board of Immigration Appeals, “because in order to answer that question, you have to know the elements of the crime. No person in their right mind would answer ‘yes’ to that question. Because what crime are you talking about? What are the elements of that crime? What are the parameters of violating that law? … I don’t know what the elements of the crime are.”

Mr. Kuck was quoted by Zeteo in Marco Rubio Personally Signed Off to Detain Mahmoud Khalil on ‘Foreign Policy Grounds,’ Sources Confirm. He said that “there’s never been a secretary of state as manipulatable as our current Secretary Rubio. Most of them would stand their ground and would follow due process considerations.”

Mr. Kuck was quoted by the Atlanta Journal-Constitution in Beyond the Fence: What It’s Like Inside Atlanta’s Immigration Court. He noted that Georgia’s immigration judges used to have a reputation for being among the toughest in the United States but said a lot has changed in the last five years, including many of the judges. “The courts today are much more fair than they have ever been. We want a court that’s just. And I think we’re pretty close to that in Atlanta,” he said.

Mr. Kuck was quoted by Mother Jones in “The Entire System Will Collapse”: Inside the Purge of U.S. Immigration Courts. Commenting on the activities of Sirce E. Owen, appointed by President Trump as acting director of the Executive Office for Immigration Review, Mr. Kuck said, “She is attacking prior policies that tried to bring the immigration courts into the 21^st century and reverting back to policies that made justice harder to render and harsher on the immigrants.” The article notes that in 2017, Mr. Kuck and the American Civil Liberties Union represented Mexican-born Jessica Colotl in a lawsuit against Ms. Owen and other Trump administration officials that challenged the revocation of her Deferred Action for Childhood Arrivals status. “I think their ultimate goal is to do away with immigration judges,” he said. Mr. Kuck also commented on the position of immigration judge: “To literally sit in a room all day and order people deported has got to canker your soul. That anybody would want that job is shocking to me and to fire people who were willing to do it with an open mind shows you exactly what this administration intends to do—limit due process and use the law as a weapon, not a shield.”

Mr. Kuck was quoted by KJZZ Phoenix in USCIS Wants to Require Migrants Applying for Benefits to Provide Their Social Media Accounts. He noted that the Department of State (DOS) already asks for social media information when considering visa applications outside of the United States. DOS “clearly does it because they’re abroad, so they’re looking for people who maybe seek to do [the United States] harm and are using it as a vetting tool. [U.S. Citizenship and Immigration Services], of course, is inside the United States, people are here. Many U.S. citizens who also are applicants for their spouses for example, or for their employees, they’ll be required to give their information. What is [USCIS] going to do with that? That’s a question for which we have no answer right now.” Mr. Kuck said the process could help with issues like rooting out false marriages, but that it also likely would further bog down an already backlogged application process at USCIS.

Mr. Kuck was quoted by MSN and CNN on the Trump administration’s “Gold Card” proposal. “They can’t change immigration law in reconciliation,” he said. Mr. Kuck also was quoted by CNN in its subscription-only section.

Mr. Kuck was quoted by Investment News in Trump’s Gold Card Visa Proposal Sparks Questions, Concerns. He said, “Others remain skeptical that a $5 million visa would attract a large enough pool of investors to replace EB-5’s economic contributions.” Mr. Kuck also said that the “amount of money that the EB-5 program has brought in over the course of the last 30 years would dwarf the number of people who could actually afford and want to use a $5 million golden visa.”

Cyrus Mehta and Greg Siskind, of Siskind Susser PC, were quoted by the Times of India in Brace for Immigration Changes To Be Introduced Overnight, Warn Attorneys, As Inviting Public Comments Is No Longer Required. Mr. Mehta said, “I foresee that the administration will issue more regulations without getting public input. Obtaining such input from the public is a win-win for all as the administration can issue rules that would be acceptable and less likely to be challenged in court later as not being consistent with the statutory provision. After a Supreme Court decision last June 2024 (Loper Bright v. Raimondo), courts are no longer required to give deference to a government agency’s interpretation of the statutory provision enacted by Congress. Therefore, there is now a greater chance that a new rule could be successfully challenged in court as the government’s interpretation of the rule can be more easily set aside.” Mr. Mehta also said, “It may be difficult to challenge [a Department of State notification] as it is just a general pronouncement. However, when the administration next issues a rule and claims the foreign affairs function exception in the Administrative Procedure Act [APA], the invocation of the exception can certainly be challenged in court on grounds that the rule has no relation to the foreign affairs of the U.S. In CAIR Coalition v. Trump, a rule barring asylum seekers, who had traveled through other countries, from applying for asylum at the southern border was struck down as it did not meet the exception, among other grounds. To meet the ‘foreign affairs’ exception, a rulemaking must ‘clearly and directly’ involve a foreign affairs function of the United States.” Mr. Siskind said, “For years, we have seen U.S. Citizenship and Immigration Services impose policies via a memo and lawsuits have successfully challenged this. So, I am guessing the Trump administration wants protection to make rules without any of the public-facing protections required by the APA.”

Mr. Mehta was quoted by Forbes in Trump Immigration Policies Increase Peril for International Students. He said, “Even if the visa is revoked and the F-1 status has been terminated in SEVIS, a foreign student can still continue to study and, if placed in deportation proceedings, should challenge the deportation before an immigration judge. If removal proceedings have not commenced, I think a student can also challenge the notice that they have been terminated in SEVIS in federal district court through the Administrative Procedure Act on the grounds that the action was arbitrary, capricious and the student was not given any warning or notice to respond.” Mr. Mehta said he believes that if a student is placed in removal, the student may be able to “challenge on First Amendment grounds, but the student may need to do this at the Court of Appeals stage since an immigration judge and the Board of Immigration Appeals may rubber-stamp Rubio’s determination.”

Mr. Mehta was quoted by Bloomberg Law in Trump Tempts Suits in Shutting Public Out of Immigration Rules. He said that there is “plenty of case law” to support arguments that Administrative Procedure Act rules should continue to apply to immigration and border-related regulations.

Mr. Mehta was interviewed by Dainik Bhaskar in It Is Not Necessary to Leave the U.S. Even If a Visa Is Revoked [in Hindi with Google Translate available]. He said that the United States’ revoking of some F-1 student visas for protesting “is a foolish decision on the part of the Trump administration. Under the Constitution in the U.S., everyone has the right to freedom of expression and peaceful protest.” He said that under the law, a student cannot be forcibly deported before going through a legal process and if a student receives an email asking them to self-deport, they can challenge that decision in a federal court.

Mr. Mehta was quoted by Law360 in Lawyers Slam Trump Memo on ‘Vexatious’ Attys. Calling a Trump administration memorandum “outlandish,” he said, “To taint the whole legal profession that is involved in immigration work is totally unwarranted and uncalled for, because it undermines the rule of law and it also basically demeans the good work that’s been done.”

Mr. Mehta was quoted by the Times of India in AILA Condemns Trump’s Crackdown on Immigration Lawyers, Calls It a Threat to Legal Integrity. He said that President Trump believes that “[s]upposedly unethical lawyers are standing in [the Trump administration’s] way to dismantle an immigration system that allows the persecuted to seek protection in the U.S.” A Trump administration memorandum, he said, “suggests ways to ‘kill the lawyers’ by sanctioning and disciplining them through an assortment of court and disciplinary rules. Obviously, there is no truth to this assertion [made in the memorandum]. The immigration bar and lawyers in Big Law doing immigration pro bono are ethical. Otherwise, they would have been sanctioned and disbarred by vigilant disciplinary authorities. Trump is engaging in delirious fantasy. Lawyers must stand firm together notwithstanding this nonsensical bluster and continue to represent noncitizens in asylum claims and other immigration cases.”

Mr. Mehta was quoted by The Hindu in ‘Foreign Students Whose Visa Is Revoked Can Legally Stay in the U.S. and Continue Studies If University Doesn’t Disenroll.’ Commenting on media reports about Indian students receiving emails from the U.S. government that their visas have been revoked and they need to self-deport because loss of immigration status would invite fines and deportation, Mr. Mehta said that the students can challenge the visa revocation provided they are not disenrolled from their institution. “If the State Department revokes the visa, the student can technically remain in nonimmigrant status in the U.S. and will need to apply for a new visa when he or she travels outside the U.S. Therefore, the student can still be in student visa status and continue with her studies. But the student can also be placed in deportation proceedings although then he/she will get the opportunity to challenge the visa revocation before an Immigration Judge,” he said.

Mr. Mehta was quoted by Law360 in Columbia Activist Has Steep Legal Climb To Fight Removal. Commenting on a Board of Immigration Appeals decision from 1999 that affirmed the Secretary of State’s authority to remove anyone whose continued presence or activities in the United States are deemed seriously adverse to U.S. foreign policy interests, and Secretary of State Marco Rubio’s claim that green card holder Mahmoud Khalil, a pro-Palestinian activist, should be deported, Mr. Mehta said that the lower evidentiary standard established in that case, In re Mario Salvador Ruiz Massieu, “is the problem. It creates an uphill climb, but it’s not like all hope has been lost—one can distinguish Ruiz Massieu from Khalil’s case.” For example, among other things, Mr. Mehta noted that Mr. Khalil is a permanent resident, which should give him more due process rights. Another aspect to consider would be the timing of Mr. Rubio’s letter outlining his reasons for removal and the Notice to Appear (NTA) issued by the Department of Homeland Security to start Mr. Khalil’s removal proceedings, Mr. Mehta said: “If the whole NTA is based on this determination from the secretary of state, and if there was no proper determination articulated at the time the NTA was served, then there’s a defect.”

Mr. Mehta authored a new blog post: “Trump and Dick the Butcher Have the Same Impulse: ‘Let’s Kill All the Lawyers.’ “

Mr. Mehta was quoted by Forbes in Trump Promises to Deport Migrants for Their Foreign Policy Views. He said, “I do not think one can challenge Secretary Rubio’s determination in an immigration court that the noncitizen’s presence or activities in the United States would have potentially adverse foreign policy consequences described in the letter. On the other hand, the very constitutionality of the provision may be challenged in the Court of Appeals after the noncitizen has received a removal order under First Amendment principles and their ties to the United States.” The article says Mr. Mehta believes that a lawful permanent resident would have the best chance to challenge the law, but a temporary visa holder could succeed, particularly an H-1B or L-1 visa holder. Those visas are dual intent, he noted, and the individuals can show ties to the United States. Mr. Mehta added that a lawful permanent resident seeking readmission from a trip abroad who is placed in removal proceedings can assert that the burden is on the Department of Homeland Security to establish, through clear and convincing evidence, that the individual is inadmissible. However, the burden is on a temporary visa holder to establish that they are entitled to admission clearly and beyond doubt, he said. Mr. Mehta also noted that ““There is a potential constitutional issue under … First Amendment case law with giving the Secretary of State the authority to authorize removal for what the statute hypothesizes would be lawful activity.”

Mr. Mehta and Kaitlyn Box co-authored several new blog posts: A Foreign Student Whose Visa Has Been Revoked by Trump Should Still Be Able to Continue to Attend School; Challenging the Foreign Policy Ground of Removability in Defense of Free Speech and the Rights of Green Card Holders; and Trump’s Cruel Immigration Policies Have No Rational Justification Except to Harass and Intimidate Immigrants such as the Alien Registration Requirement.

Mr. Mehta was featured on the ITV Gold On Point podcast series on President Trump’s immigration policies.

Mr. Mehta was featured in a Reuters segment, U.S. Judge Temporarily Blocks Deportation of Columbia Student. He said, “Green card holders have rights. They just cannot be picked up in the way he has been and detained incognito. The person should have been convicted of a crime, a deportable offense. I don’t believe Mr. Khalil has been convicted of such an offense, from what I know. You could also initiate deportation proceedings if a green card holder has provided material support to a terrorist organization, which is what the Trump administration has been alleging.” He added that in such cases, the government has a high burden of proof and involvement in protests for Palestinian rights would not typically constitute material support to terrorism.

Mr. Mehta authored an article on LinkedIn, Let’s Fight to Uphold Our Rights to Free Speech and the Rights of Green Card Holders.

Mr. Kuck and Mr. Mehta were quoted by the Washington Examiner in Immigrant Activists Decry Trump Registration Requirement: ‘Terrorize People.’ Their views on the registration program are reflected in the article.

Mr. Siskind was quoted by the Miami Herald in “Many to Come”: Trump Administration Plans More Removals of Students Protesting War in Gaza. He said the Trump administration’s actions are likely to face scrutiny from judges. “I’m guessing that the threat of removal is going to mean more than the actual reality. I’m reminded of the first Trump administration where they were threatening to denaturalize people en masse and very few people were actually affected,” he said.

Stephen Yale-Loehr of Miller Mayer, LLP, was quoted by Inside Higher Ed in Smashing the Student Visa System. He said that the Trump administration leaving university officials in the dark about changes to students’ visa status “makes it difficult for colleges to advise their international students. The system works on communication going both ways between immigration officials and institutions. The government doing things in secret makes it hard for both students and universities to know whether they are complying.”

Mr. Yale-Loehr was quoted by Forbes in Trump Immigration Policies Increase Peril for International Students. He noted that if someone had not seen a Tufts University graduate student’s arrest and recorded a video, it is possible that the student would have just “disappeared” by moving to detention in another state with no record in the ICE online detention locator. Mr. Yale-Loehr said he saw three problems that threaten the ability of international students to remain in the United States. First, the Department of State (DOS) is canceling visas due to an exercise of free speech that administration officials find objectionable. Second, ICE denies due process since students cannot respond to charges. Third, student SEVIS records are terminated for “failure to maintain status” because DOS revokes a visa and makes them subject to removal.

Mr. Yale-Loehr was quoted by ABC News in Some College Students Are Being Targeted for Deportation. What Rights Do They Have? He noted that even though recent students who have had their visas revoked do not have criminal records, the Trump administration has insisted that they be detained while their cases play out. “The Trump administration has been a lot more aggressive than past administrations on putting people who have not been convicted of crimes into immigration detention.” He noted that to prove that a noncitizen threatens U.S. foreign policy, the administration would need to submit sworn declarations or evidence to prove the person’s impact on foreign policy. “If it is this foreign policy ground, you need a statement from the secretary of state saying the magic words, this person’s presence would have serious adverse foreign policy consequences,” he said.

Mr. Yale-Loehr was quoted by CBS News in Trump’s Crackdown on Students With Visas and Green Cards Sets Up First Amendment Showdown. He said, “There’s a tension between everyone’s First Amendment rights to free speech and the immigration statute’s broad provisions giving the secretary of state broad latitude to declare someone deportable simply because he thinks that the student may have potentially serious adverse foreign policy consequences. And the courts will have to figure out where the appropriate line should be drawn.” Recalling two other cases where similar powers were invoked in deportation proceedings, Mr. Yale-Loehr said he expects that it will take years for these cases to be settled, predicting that “it’s going to be a mess. If there’s over 300 students who had their visas revoked, there’s going to be a lot of cases challenging it. I suspect that the litigation will take years to unravel before a court and get a definitive ruling on the extent to which foreign nationals have First Amendment rights.”

Mr. Yale-Loehr was quoted by the Washington Post in As Trump Cracks Down on Immigration, U.S. Citizens Are Among Those Snared. He said he fears that the Trump administration’s approach to immigration enforcement risks sidelining core legal protections. “I think that numbers are what are driving this administration, and due process be damned. That’s a real danger. These wrongful detentions and deportations are part of this growing trend of depriving people of due process, which is a fundamental right in the Constitution.”

Mr. Yale-Loehr was quoted by NPR in What Green-Card and Visa Holders Should Know Before Traveling Abroad. He recommended that green card and visa holders double-check their immigration documents before they fly. “Make sure everything is in order, their visa hasn’t expired or they don’t have a renewal application pending,” he said. Mr. Yale-Loehr noted additional factors that could raise a traveler’s risk level, pointing to a draft list of 43 countries that could be hit with a new travel ban. Although there’s not a travel ban currently in effect, he advised travelers from the 11 countries in the proposed “red” category to think twice before flying here. These countries include Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen. He added that typically, visa holders who are denied entry are simply put on the next plane back to their home countries. But some have recently been taken into custody and detained for days or more. “ It’s seemingly a growing problem,” he said, noting that U.S. Customs and Border Patrol (CBP) officers can ask travelers to unlock their cell phones, give laptop passwords, or hand over digital cameras. U.S. citizens and green card holders cannot be turned away simply because they refuse, but visa holders can, he said. Mr. Yale-Loehr also noted that during an electronic search, CBP officers often look for material that would suggest a noncitizen is ineligible to enter the United States. “ There’s wide discretion at the border in terms of who to admit to the United States, even if you have a valid visa,” he said. Although travelers asked to undergo further inspection at the airport are not entitled to an attorney, Mr. Yale-Loehr said it is still useful to have an immigration attorney’s contact information on hand. He also suggested that travelers have a friend who can be quickly reached if there’s trouble entering the United States. “So if it looks like you’re going to be questioned by the border people, you can text a friend saying, ‘I’m being pulled into secondary inspection, contact my immigration lawyer,’ ” he said.

Mr. Yale-Loehr was quoted by The Hill in High-Profile Arrests of Tufts, Alabama Students Spotlight Growing Trump Sweep. He said, “Trump has declared war on immigrants generally and international students specifically, and he’s trying to exert his executive powers to the maximum extent he can. It will be up to the courts to see at what point he oversteps his authority.” Mr. Yale-Loehr also noted “a tension between everyone’s right to First Amendment freedom of expression in the United States and this broad immigration ground that basically gives the Secretary of State carte blanche to declare anyone a threat to our national security, and the courts will have to decide which wins out. And so, this could be going on for a long time.”

Mr. Yale-Loehr was quoted by Newsweek in Could Visa and Green Card Holders Be Deported? What the Law Says. He said, “There are many grounds of deportability, including criminal convictions, prostitution, domestic violence. One of the more obscure grounds that has existed for many years allows the Secretary of State to put someone into deportation proceedings if the Secretary determines that that person’s presence has serious adverse foreign policy consequences. That provision has not been used very often. I can only recall one time, or two times, in the last 30 years, but now we have seen at least two instances where this administration has invoked that ground of deportability, both to revoke those students’ visas and to place them in deportation proceedings.” Mr. Yale-Loehr said that anyone in the United States, even without legal immigration status, has constitutional rights, such as the right to free speech and the right to due process, including having their case heard in court. Noting that the President has discretionary powers over immigration because the issue touches on foreign relations, he said, “This administration seems more willing to use these old deportation grounds that have been around since the Red Scare of 1950s as a way to go after people who do speak out. We’ll have to see whether the courts strike down these efforts as violating the students’ constitutional rights or whether they say that, despite the Constitution, the president does have the right to deport these people.”

Mr. Yale-Loehr was quoted by Inside Higher Ed in Colleges Fear Decline in International Student Enrollment. He said the Trump administration’s crackdown on higher education could stifle international enrollment and reduce the significant amount of tuition international students pay. “All of these things have a chilling effect…. As we saw in the first Trump administration, similar policies prompted a decline in the number of international students applying to U.S. colleges. It took really the whole time of the Biden administration to recover from that decline.”

Mr. Yale-Loehr was quoted by Inside Higher Ed in “Palpable Fear” Hangs Over International Students. Commenting on U.S. Immigration and Customs Enforcement (ICE) officials’ activities at Columbia University and Trump administration goals more broadly, he said, “This administration has declared war on immigrants broadly and international students specifically.” He noted that international students “have the same constitutional rights as citizens, but immigration statutes are very broad and there are many grounds for deportability that could trip you up, even as a green card holder.” Among those potential grounds, he said, is donating to an overseas charity that the Department of State deems suspicious or linked to terrorist activity—as it has done with many charities for Palestinian children and families affected by the destruction of Gaza. “It’s easy for someone to unintentionally or unknowingly violate our immigration laws that way and get put into the deportation process,” he said. The article notes that in addition to free speech restrictions and ICE raids, the Trump administration has promised to clamp down on approvals for new student visas, and Congress recently passed the Laken Riley Act, significantly lowering the threshold for visa revocation. Mr. Yale-Loehr said that such policies are beginning to manifest at the border. He said he has heard stories of students with clearly marked visas in their passports being held for further inspection in airports across the country, some of them turned away by ICE and forced to challenge the decision from abroad. “In the past, these students would never have been put into secondary inspection,” he said.

Mr. Yale-Loehr was quoted by National Public Radio in Trump Takes Birthright Citizenship to the Supreme Court. He said the court might be willing to grant a temporary narrowing request, but that “I think that would cause chaos and confusion as to who was included in the court rulings and who is potentially subject to the birthright citizenship ban if the case goes in favor of the Trump administration on the merits…. The Supreme Court may well limit the injunctions partially, maybe not to the extent that the Trump administration wants, but [to the extent] that will allow the Trump administration to claim a political victory.”

Mr. Yale-Loehr was quoted by Salon in “The New Normal”: As Trump Pursues Mass Deportations, Tourists Land in ICE Detention. He noted that a recent spate of tourists being detained is “pretty unusual.” He said that if U.S. Immigration and Customs Enforcement suspects an issue with a tourist’s visa, the agency typically will turn people away if they are attempting to enter through a U.S. border or send them on the next flight back to their home country. “The unusual part of this is that they’ve been detained so long,” he said, noting that U.S. Customs and Border Protection has “been much more vigilant reviewing everyone’s credentials and reasons for coming to the United States” since President Trump took office. “Our immigration detention system is often a black hole where individuals have a hard time contacting lawyers or family friends to be able to help them, and there’s no clear procedures other than bringing a federal court action to try to get them released—or until CBP determines that they need to be deported and then sends them out,” he said.

Mr. Yale-Loehr was quoted by the Chronicle of Higher Education in An ICE Arrest at Columbia U. Stokes Outrage and Raises Legal Questions. He said that Mahmoud Khalil, who was detained following his participation in pro-Palestinian protests, should be allowed to challenge the accusations against him in court. Sending him to a detention center makes it harder for Khalil to communicate with lawyers and fight his case, Mr. Yale-Loehr noted. The case, he said, is likely to create a chilling effect among international students.

Mr. Yale-Loehr was quoted by Time in What to Know About Mahmoud Khalil, and Why His Green Card Was Revoked. He noted that although green card holders have many of the same rights as U.S. citizens, they can still face deportation under certain conditions, typically for criminal behavior or violations of immigration law. Foreign nationals can also lose their visas for endorsing or associating with terrorist groups, but only if the government can provide material evidence, he noted. “The government would need to prove that he’s done something more than just speaking out, like offering material support to Hamas. That would be a ground of deportability. They can’t deport only for free speech advocacy.”

Mr. Yale-Loehr was quoted by Documented NY in Trump Immigrant Registration Plan Is a Scare Tactic, Law Experts Say. He noted that the new registration requirement will be easier for the Trump administration to implement than others because it is related to a rarely enforced existing law. Mr. Yale-Loehr noted that enforcing the registration requirement would most likely necessitate hiring more immigration agents, and he said it is unlikely that charges would be filed against every person who fails to register, which makes the announcement “more of a scare tactic. It’s an all-out war and this is one more tool in their arsenal to wage war on immigrants.”

Mr. Yale-Loehr co-authored Extreme Consistency: How Employers Can Help Prepare for Extreme Vetting, published by Cornell Law School’s Path2Papers project.

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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

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