Legal Blogs and Updates

Department of State Issues May 2025 Visa Bulletin with Limited Movement for EB-3 India

For May 2025, USCIS determined that all Employment-Based (EB) preference categories must use the Final Action Dates chart in the Visa Bulletin. The Final Action chart remains unchanged as compared to April 2025, with the exception of EB-3 India which advanced by two weeks.

Contact us with questions about priority dates and the Visa Bulletin.

USCIS Makes Minor Changes to Form I-9

E-Verify recently announced that it had made minor changes to Form I-9 Employment Eligibility Verification, to align with statutory language.  The revised I-9 with an edition date of January 20, 2025, and an expiration date of May 31, 2027; previous version remains valid until their respective expiration dates.

Key updates include:

• Renaming the fourth checkbox in Section 1 to “An alien authorized to work;”
• Revising the descriptions of two List B documents in the Lists of Acceptable Documents; and
• Adding appropriate statutory language and a revised DHS Privacy Notice to the instructions.

Contact us with questions about I-9 compliance.

Expected New Requirement to Submit DS-160 “48 Working Hours” Before NIV Interview Date

In late March 2025, the E visa unit in the U.S. Embassy London began sending e-mails alerting applicants that employee E visa applicants attending appointments beginning Monday, March 24, 2025, must ensure that their DS-160 forms are “signed and submitted at least 48 working hours prior to the date of the interview.”  Embassy London advised that it would be unable to accommodate appointments if the DS-160 form was not reflected in the Nonimmigrant Visa (NIV) system.  Initially, this requirement applied only to employee E visa applications. However, as of April 25, 2025, this requirement has been applied to all NIV categories in Embassy London, and it is anticipated that it will soon apply to all NIV categories worldwide.  Accordingly, it is advised that applicants immediately start reviewing and submitting their DS-160s more than two business days in advance of their scheduled interview.

Contact us with questions about NIV processing.

ICE Reinstates Previously Terminated Sevis Records

Since January 20, 2025, Immigration and Customs Enforcement (ICE) has terminated well over 4,000 SEVIS (Student and Exchange Visitor Information System) records, the majority of which have been in F-1 status, including Optional Practical Training (OPT) or the period of employment authorization granted to foreign students after graduation.  Students in the STEM fields (Science, Technology, Engineering, and Mathematics) are eligible for up to 36 months of OPT and are working for employers throughout the U.S.  Terminating SEVIS records left students without status in the U.S. and without work authorization.

In late April 2025, after numerous lawsuits were filed, ICE affirmatively restored many, if not all, international student records that it had terminated.  The full scope of the restoration of SEVIS records is not yet clear.  ICE is purportedly developing and will provide a framework for SEVIS terminations going forward.

Contact us with questions about F-1 student visas and SEVIS terminations.

Registration Under the Alien Registration Act is Now Underway

As previously reported in a recent Client Alert, on April 11, 2025, DHS Secretary Kristi Noem reminded foreign nationals of the deadline to register under the Alien Registration Act. It should be noted that the registration requirement does NOT apply to individuals who are already registered. We have attached a helpful client flyer explaining the registration requirement, including who has already registered.

It is important to note that children who turn 14 years old while in the U.S. and who were already considered to be registered will have to be registered under this system.  Please see the quote below from the client flyer:

Noncitizen children who turn 14 years old while in the U.S. must register/re-register within 30 days of their 14th birthday. If an LPR is outside of the U.S. when they turn 14, the individual must apply for registration and provide a photograph within 30 days of return. Parents or legal guardians are responsible for their children’s compliance

It should also be noted that the DHS Secretary’s reminder directs that all noncitizens 18 and older must carry documentation at all times.

Contact us with questions you may have about the registration requirement.