Preparing for a Possible October 1st Federal Government Shutdown
Should a shutdown occur on October 1, the following would be the expected impact on immigration operations, based on prior shutdowns in previous years. Department of Labor (DOL): DOL immigration functions would likely be suspended as non-essential functions. No PERM or…
October 2025 Visa Bulletin Update – USCIS to Honor Dates for Filing for Employment-Based Categories
To be eligible to file an employment-based adjustment of status application in October, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country. USCIS has chosen the Dates for Filing…
October 2025 Visa Bulletin – Moderate Movement in Final Action Dates Across Most Employment-Based Categories for the Start of the Fiscal Year
October 2025 Visa Bulletin – Moderate Movement in Final Action Dates Across Most Employment-Based Categories for the Start of the Fiscal Year According to the State Department’s October Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa or…
State Department Limits Third Country National Nonimmigrant Visa Appointments
In an announcement issued Saturday, the State Department said it would be making it more difficult for nonimmigrant visa applicants to apply for a visa at a consular post that is not located in the applicant’s country of residence or citizenship, in…
EB-1 Immigrant Visa Category Unavailable Through September 30 After Reaching Annual Limit for FY 2025
The State Department has announced that the annual limit for the EB-1 immigrant visa category has been met for FY 2025. As a result, the category is immediately unavailable and will remain so through September 30, the end of the fiscal year.…
District Court Rules for Plaintiffs in Haiti and 2023 Venezuela TPS Termination Litigation, But Government Seeks Stay
On September 5, a federal district court in California granted summary judgment in favor of Temporary Protected Status (TPS) plaintiffs on several claims challenging Department of Homeland Security (DHS) action against the Haiti and 2023 Venezuela TPS designations; however, there…
DHS Announces End of Temporary Protected Status for 2021 Venezuela Designation
The Department of Homeland Security (DHS) is not extending the 2021 Venezuela Temporary Protected Status (TPS) designation, but will provide a 60-day transition period, according to an advance copy of a Federal Register notice scheduled for publication on September 8. The 2021…
Immigration Agencies Unveil New Regulatory Agendas
The Departments of Homeland Security, State, and Labor have issued their first regulatory agendas of the second Trump Administration. The agendas set forth each agency’s rulemaking priorities and timelines for the coming months. The key employment-based immigration plans are detailed below. …
USCIS Issues Final Rule Adding Special Agents with New Law Enforcement Authority
U.S. Citizenship and Immigration Services (USCIS) is issuing a final rule that permits USCIS employees to be classified as special agents authorized to make arrests, carry firearms, and execute search and arrest warrants, among other law enforcement activities. Previously, these functions have…
EB-2 Immigrant Visa Category Unavailable Through September 30 After Reaching Annual Limit for FY 2025
The State Department has announced that the annual limit for the EB-2 immigrant visa category has been met for FY 2025. As a result, the category is immediately unavailable and will remain so through September 30, the end of the fiscal year.…
Ninth Circuit Affirms District Court Order in Favor of 2023 Venezuela TPS Beneficiaries, But Designation Remains Expired For Now
Today, the Ninth Circuit of Appeals affirmed a March 31 district court order that had postponed the Department of Homeland Security’s vacatur and termination actions against the 2023 Venezuela TPS designation. However, the Ninth Circuit decision does not have the effect of reinstating the…
DHS Announces Implementation of New Fees for ESTA, EVUS, and Land Border I-94 Forms, Starting September 30
Starting September 30, U.S. Customs and Border Protection (CBP) will begin collecting new fees enacted by the budget reconciliation bill (H.R.1) passed by Congress in early July, according to a Federal Register (FR) notice. The notice implements the new fees for the…
DHS Proposes to Replace Admission for Duration of Status with Fixed Periods of Stay for F, J, and I Nonimmigrants, Eliminate Deference to Prior Adjudications
The Department of Homeland Security (DHS) has released an advance copy of a proposed regulation that would replace the current “duration of status” (D/S) policy for international students (F status), exchange visitors (J status), representatives of foreign information media (I status), and…
Appeals Court Stays Postponement of TPS Terminations for Honduras, Nepal, and Nicaragua
On August 20, the Ninth Circuit Court of Appeals stayed a district court order that had temporarily postponed the Temporary Protected Status (TPS) terminations for Honduras, Nepal, and Nicaragua. As a result, the TPS designation for Nepal is now considered…
USCIS to Consider a Foreign National’s Support for Ideologies and Organizations Viewed as Anti-American When Adjudicating Certain Immigration Benefit Requests
U.S. Citizenship and Immigration Services (USCIS) officers are being directed to consider foreign nationals’ support for “anti-American” ideologies or organizations and an array of other new factors when adjudicating certain applications and petitions for immigration benefits, according to updated guidance revising the…
Naturalization Applicants to Undergo Broader Good Moral Character Review Under New USCIS Guidance
Applicants for naturalization will undergo a more searching review of their background, behavior, and activity under a new U.S. Citizenship and Immigration Services (USCIS) policy memorandum on good moral character (GMC) assessments in the naturalization process. It has long been a requirement…
September 2025 Visa Bulletin – No Changes to Employment-Based Cut-off Dates; USCIS to Honor Final Action Dates for EB Categories; State Department Warns EB Categories Close to Annual Limits
According to the State Department’s September Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa or approval of an adjustment of status application will be as follows: EB-1: China will remain at November 15, 2022, and India will…
DHS Proposal to Alter the H-1B Cap Selection Process Clears Federal Review
A Department of Homeland Security (DHS) proposed rule that would apply a weighted selection process to the annual H-1B cap has cleared federal review. The proposal was submitted to the Office of Management and Budget (OMB) for review three weeks ago. Though details…
USCIS Reverts to More Restrictive Child Age-Out Calculation Policy
U.S. Citizenship and Immigration Services (USCIS) announced today that it is returning to its previous Child Status Protection Act (CSPA) policy for determining whether a child continues to qualify for derivative green card eligibility in family preference category and employment-based adjustment of…
DHS Proposal to Replace Duration of Status Designation with Fixed Periods of Stay for F, J, and I Nonimmigrants Clears Federal Review
A Department of Homeland Security (DHS) proposed rule seeking to replace the current “duration of status” (D/S) admission policy for international students (F status), exchange visitors (J status), representatives of foreign information media (I status), and their dependents with a…
State Department Launching Visa Bond Pilot Program for Certain B-1/B-2 Visa Applicants
The State Department will impose a visa bond requirement on certain B-1/B-2 visa applicants under a pilot program, according to a temporary final rule published in today’s Federal Register. The new Visa Bond Pilot Program will be in effect from…
Federal District Court Postpones TPS Terminations for Honduras, Nepal, and Nicaragua
On July 31, a federal judge in the Northern District of California postponed Homeland Security Secretary Kristi Noem’s termination of the Temporary Protected Status (TPS) designations for Honduras, Nepal, and Nicaragua to November 18, 2025. The TPS designation for Nepal had been…
Starting September 2, State Department Eliminates Nonimmigrant Visa Interview Waivers for Most
Starting September 2, U.S. consulates will implement a significantly narrower version of the nonimmigrant visa (NIV) interview waiver (IW) program that will require nearly all applicants to appear for an in-person interview except for most diplomatic visa applicants and certain…
Ninth Circuit Affirms Nationwide Scope of Birthright Citizenship Injunction
On July 23, the Ninth Circuit Court of Appeals affirmed the nationwide scope of a Washington district court injunction barring implementation of President Trump’s January 20 birthright citizenship Executive Order (EO). The Ninth Circuit decision follows a June 27 Supreme Court decision that limited…
DHS Proposal to Alter the H-1B Cap Selection Process Is Sent to OMB for Review
The Department of Homeland Security (DHS) is seeking federal review of a proposed rule that would apply a weighted selection process to the annual H-1B cap. Though details are confidential until publication in the Federal Register, the proposed rule could…