Legal Updates

DOS Rollback of Interview Waivers Likely to Result in Longer Visa Appointment Backlogs

Effective September 2, 2025, the U.S. Department of State (DOS) will end interview waivers for the vast majority of visa applicants.  In-person interviews will be required for most visa categories including, E-1, E-2, F-1, H-1B, J-1, L-1, O-1 and most others, with the exception of diplomatic- or official-type visas. This means that repeat applicants and individuals seeking renewals will also need to appear in person. Applicants under age 14 or over 79 will likewise be required to interview in-person.

Interview waivers remain available for applicants renewing a full validity B-1, B-2, B1/B2 visa or a Border Crossing Card/Foil, provided they:

• Apply within 12 months of the prior visa’s expiration;
• Were at least 18 years old at the time of the prior visa’s issuance;
• 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.

This change is expected to cause longer visa appointment backlogs and processing delays at many consulates, especially in high-volume posts.

Contact us with questions about visa processing.

New Immigration Fees Authorized by the Reconciliation Bill Have Limited Effect on Employment-Based Cases

The recently enacted budget reconciliation bill, known as the One Big Beautiful Bill Act (OBBBA), includes new fees applicable to immigration-related applications.  Most of the new fees pertain to humanitarian programs, such as Asylum and Temporary Protect Status (TPS), but there is a “Visa Integrity Fee for Nonimmigrant Visa Issuance” which will affect employment-based nonimmigrant visas such H-1B, TN, L-1, and O.  The new $250 fee will be added on top of any existing visa fees and will be paid upfront with the visa application.

OBBBA states that this added fee will be refunded after the applicant’s visit, provided they have complied with all the provisions of their visa – such as not staying in the U.S. past the visa expiration date. In a notice published by the Department of Homeland Security (DHS) on July 22, the agency said it would not be implementing the visa integrity fee at this time, citing the need for cross-agency coordination before moving forward. So far, the official date of implementation is still to be determined.

Check future newsletters and/or client alerts for updated information about the implementation date.

Changes to DOS Visa Reciprocity Schedule May Impact Validity Period and Number of Entries Allowed for Certain Nonimmigrant Visas

The Association of International Educators (NAFSA) has identified several changes to the DOS visa reciprocity schedule.  The changes limit nonimmigrant visa validity to single entry/3-month visas. This limitation now applies to the B, F, H, J, M, and O visa categories for several countries throughout Africa and Asia, as well as Cuba, Haiti, and Venezuela. Visas issued before July 9, 2025, should generally retain their original validity and number of entries as printed on the visa.  Individuals applying for visas should check the reciprocity schedule for their country to understand the specific requirements for their visa type.

Contact us with questions about the visa reciprocity schedule.

USCIS Reaches Fiscal Year 2026 H-1B Cap

On July 18, 2025, USCIS announced it had received enough petitions to reach the congressionally mandated 65,000 H-1B regular cap and 20,000 master’s degree cap for FY2026.  Accordingly, there will be no second round of the H-1B lottery.  USCIS will continue to accept and process petitions that are otherwise exempt from the cap, including petitions 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 workers to work for cap-exempt employers (institutions of higher education, nonprofit entities related to or affiliated with higher education, nonprofit research organizations, and government research organizations);
• Allow current H-1B workers to change employers; and 
• Allow current H-1B workers to work concurrently in additional H-1B positions. 

Contact us with questions about H-1B visas.

National Interest Exceptions to the Trump Administration’s Travel Ban

On June 4, 2025, President Trump signed an Executive Order (EO) banning travel to the U.S. by citizens of 12 countries:  Afghanistan, Myanmar, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. The EO went into effect on June 9, 2025.  However, exceptions to the ban may be made on a case-by-case basis, at the discretion of the Secretary of State (this authority has been delegated to the Assistant Secretary for Consular Affairs), where travel by the individual would serve a United States national interest.  According to the Department of State, national interest exceptions will be “very rare”; routine travel, including visiting family members, business travel, employment, or study will not qualify for an exception.

Contact us with questions about national interest exceptions to the travel ban.

Federal Judge Blocks Executive order on Birthright Citizenship Case

The SCOTUS birthright citizenship decision issued in June 2025 held that plaintiffs seeking a nationwide injunction of an unconstitutional order go through the process of establishing a nationwide class of similarly situated individuals.  On July 10, 2025, a federal judge certified a nationwide class of U.S.-born children and issued a preliminary injunction blocking the executive order which seeks to end birthright citizenship. 

As the litigation moves through the court system, we will be providing updates in our newsletter.

DHS Ends TPS for Honduras and Nicaragua

On July 7, 2025, DHS announced that TPS for Honduras and Nicaragua will be terminated effective September 8, 2025.  During the wind down period, DHS will automatically extend Employment Authorization Documents (EADs) previously issued under Honduras’ and Nicaragua’s TPS designation through September 8, 2025. Covered EADs include those that have the notation A-12 or C-19 under Category with a “Card Expires” date of January 5, 2018, January 5, 2019, April 2, 2019, January 2, 2020, January 4, 2021, October 4, 2021, December 31, 2022, June 30, 2024, and July 5, 2025.

Contact us with questions about EADs and I-9 compliance.

DHS Terminates TPS Status for Afghan Nationals

In May 2025, DHS announced the termination of Temporary Protected Status (TPS) for Afghanistan.  Shortly thereafter, a lawsuit was filed.  In a July 10, 2025 decision, a federal court ruled that the suit challenging the termination of the program could proceed. The court held, however, that the TPS protections would not be preserved during the pendency of the litigation.  This means that the TPS designation and work authorization for approximately 11,700 individuals from Afghanistan expired on July 14, 2025.

Contact us with questions about TPS and I-9 compliance.

Most TPS Haiti Beneficiaries Will Remain Work Authorized Through February 3, 2026

On June 27, 2025, DHS announced terminating TPS for Haiti, effective September 2, 2025.  Immigration advocates sued and, on July 1, 2025, the U.S. District Court for the Eastern District of New York ruled that DHS Secretary Kristi Noem exceeded her statutory authority when she attempted to shorten Haiti’s TPS designation by six months.  The court held that the TPS statute sets forth a mechanism for review and termination, which DHS failed to follow.  The court restored Haiti’s TPS designation through February 3, 2026, and the government appealed.

The government appealed the July 1^st decision, and on July 15, 2025, the U.S. District Court for the Eastern District of New York issued a final judgement in Haitian Evangelical Clergy Ass’n v. Trump that makes the effective date of any termination no earlier than February 3, 2026. TPS Haiti beneficiaries will retain their status and employment authorization, and their documentation remains valid through February 3, 2026. Forms I-766, EADs with category A12 or C19 and a Card Expires date of September 2, 2025; August 3, 2025; August 3, 2024; June 30, 2024; February 3, 2023; December 31. 2022; October 4, 2021; January 4, 2021; January 2, 2020; July 22, 2019; January 22, 2018; or July 22, 2017, are valid through February 3, 2026.

Contact us with questions about TPS for Haitians.

Bipartisan Immigration Proposal Introduced in the House

In July 2025, Congresswomen Maria Elvira Salazar (R-FL) and Veronica Escobar (D-TX) and 18 other House members introduced the Dignity Act of 2025.  While a long way from becoming law, the Dignity Act:

• Doubles the current per-country statutory limits on immigrant visas from 7% to 15%, thereby reducing backlogs for larger countries.
• Creates a mechanism to reduce the visa backlog by offering premium processing to people who have waited ten years or more with an approved petition.
• Reforms the employment-based visa system to stop counting spouses and children as derivatives of principal visa applicants against the annual employment visa limits.
• Clarifies that an individual with a Ph.D. in a STEM field qualifies for an O-1 “extraordinary ability” visa.
• Permits “dual intent” for students on F-1 visas, removing a common barrier for students who have difficulty showing they plan to return to their home country after their studies.
• Protects children legally present in the U.S. from aging out of certain visas due to processing delays.
• Offers “Dreamers” conditional permanent resident status valid for ten years, and upon completion of eligibility requirements, the opportunity to apply for lawful permanent residence status and eventually citizenship.