IMMIGRATION UPDATE 9.09.25

IMMIGRATION UPDATE – September 9, 2025

HEADLINES

DOS Changes Policy to Limit Non-immigrant visa (NIV) Interviews to the U.S. Embassy or Consulate in Their Country of Nationality or Residence — Effective September 6, 2025, the Department of State will require NIV applicants to schedule visa interviews in their country of nationality or residence, with limited exceptions.

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

USCIS Plans to Recruit and Train ‘Special Agents’ to Exercise Additional Law Enforcement Authorities – The special agents’ activities will include “making arrests, carrying firearms, executing search and arrest warrants, and other powers standard for federal law enforcement.” This is a significant departure from USCIS’ designated role as the immigration benefits branch, rather than the immigration enforcement branch, of DHS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DETAILS

DOS Updates Policy limiting non-immigrant visa (NIV) interviews to the U.S. Embassy or Consulate in their country of nationality or residence

Effective September 6, 2025, NIV applicants will only be allowed to schedule visa interviews at the U.S. Embassy or Consulate in their country of nationality or residence in their country of nationality or residence. If the place of application is based only on residency rather than nationality, applicants must be able to demonstrate residence in the country where they are applying. See DOS Updates Policy limiting U.S. non-immigrant visa (NIV) interviews to the U.S. Embassy or Consulate in their country of nationality or residence.

Residence Requirement:Applicants must be able to demonstrate residence in the country where they are applying, if the place of application is based on their residency.
Fees: Applicants who schedule nonimmigrant interviews at a U.S. embassy or consulate outside of their country of nationality or residence might find that it will be more difficult to qualify for the visa. Fees paid for such applications will not be refunded and cannot be transferred.
Appointment Availability: Wait times for nonimmigrant interview appointments vary by location. Applicants applying outside their country of nationality or residence should expect to wait significantly longer for an appointment.
Existing Appointments: Existing nonimmigrant visa appointments will generally not be cancelled.
Exceptions: This guidance does not apply to applicants for A, G, C-2, C-3, NATO visas, applicants for diplomatic-type or official-type visas (regardless of classification), or applicants for any visa for travel covered by the UN Headquarters Agreement. Rare exceptions may also be made for humanitarian or medical emergencies or foreign policy reasons.

Hundreds Arrested at Georgia Hyundai Plant in Massive Operation

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

An ICE spokesperson said the raid was “the largest single-site enforcement operation in the history of Homeland Security Investigations.” About 300 of those arrested were from South Korea, whose government expressed “concerns and regret” to the United States and urged “special attention to ensure that the legitimate rights and interests of our citizens are not violated.” A South Korean foreign ministry spokesperson said that the “economic activities of Korean investment companies and the rights and interests of Korean citizens must not be unfairly infringed upon during U.S. law enforcement operations.” Yvonne Brooks, president of the Georgia American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), said, “Georgia’s labor movement is outraged by ICE’s escalating presence at workplaces across the state.” Many of the workers were apparently employed by contractors. Hyundai said in a statement that “it is our understanding that none of those detained are directly employed by Hyundai.” A Hyundai spokesperson said, “We are cooperating with law enforcement and are committed to abiding by all labor and immigration regulations.”

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

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

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

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

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

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

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

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

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

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

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

U.S. Suspends Nonimmigrant Visas for Most Palestinians

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

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

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

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

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

Details of the proposed changes include:

Fixed dates of admission for F-1 and J-1 nonimmigrants: F-1s and J-1s would no longer be admitted for D/S. Instead, they would be admitted for a fixed date range, not to exceed four years or their program length.

Transition rules for F-1 and J-1 nonimmigrants in the United States: F-1s and J-1s currently in valid status within the United States would have valid status up through the program end date on their I-20 or DS-2019, on the date the final rule would be effective, not to exceed four years from the final rule’s effective date.
For those who leave the United States during the pendency of a timely filed extension of status, upon seeking admission, their specific circumstances will determine whether they are limited to the maximum four years or a period previously authorized.
Fixed dates of admission for I-1 foreign media representatives: I-1s would be admitted for a maximum of 240 days, or 90 days for Chinese nationals (not including Hong Kong/Macau).
Extension of status required: These nonimmigrants would need to timely file an extension of status to extend their stay.
F-1s who timely file an extension of status would be considered as remaining in status until U.S. Citizenship and Immigration Services (USCIS) adjudicates the extension. While a timely filed extension is pending, Optional Practical Training, Curricular Practical Training, or hardship-based work authorization would be extended for a maximum of 240 days.
J-1s who timely file an extension of status would be considered as remaining in status for either a maximum of 240 days or until USCIS adjudicates the extension, depending on the circumstances.

Grace period reduction for F-1: The “grace period” for F-1s to leave the United States would be reduced from 60 days to 30 days.

F-1 program restrictions: F-1 students would face restrictions in changing programs, and graduate students would be prohibited from doing so.

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

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

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

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

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

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

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

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

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

DOJ Expands Qualifications to Recruit More Temporary Immigration Judges

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

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

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

According to reports, the Trump administration is considering reassigning some military judges to become TIJs. [9/2/2026 update: About 600 military lawyers have been authorized to work for the DOJ as temporary immigration judges. These attorneys will receive two weeks of training to serve as temporary immigration judges.]

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

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

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

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

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

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

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

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

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

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

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

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

Trump Administration Pauses Work Visas for Commercial Truck Drivers

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

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

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

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

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

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

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

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

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

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

The report states:

Immigrant workers make up a substantial part of the workforce in the United States: 1 in 5 workers is an immigrant, and about half of immigrants are noncitizens. Because of their sizable presence in the workforce, large-scale attempts to remove them will lead to extensive employment losses for foreign-born workers. What is less apparent, however, is the impact that arrests, detentions, and deportations of immigrants will have on millions of U.S.-born workers who will lose their jobs. The widespread job losses for both immigrants and U.S.-born workers will undercut the narrative that abruptly removing immigrants will somehow magically increase employment opportunities for U.S.-born workers.

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

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

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

DOS Releases Visa Office Report for 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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.

Know your rights. A number of organizations, including the American Civil Liberties Union (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.

See also Information for Employers — “What to Do if Immigration Comes to Your Workplace” : NELP_EmployerGuide_Eng_2025_Final-.pdf. Note the important distinction between administrative and judicial warrants, and a public lobby versus private areas of a business.

IMMIGRATION AGENCY INFORMATION/PROCESSING TIMES

U.S. Customs and Border Protection:

Accessing I-94 Information: https://i94.cbp.dhs.gov/I94/#/home

Department of Labor:

PERM and Prevailing Wage Processing Times: https://flag.dol.gov/processingtimes

State Department:

Visa Appointment Wait Times: https://travel.state.gov/content/travel/en/us-visas.html

Monthly Immigrant Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

U.S. Citizenship and Immigration Services:

Processing Times: https://egov.uscis.gov/processing-times/

Case Status Online: https://egov.uscis.gov/

GOVERNMENT ENGAGEMENTS

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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This information was prepared in collaboration with ABIL, the Alliance of Business Immigration Lawyers, comprised of twenty U.S. immigration lawyers who head some of the top immigration practices in the country. Larrabee Albi Coker LLP is an active member of ABIL.

Legal Disclaimer: This information is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter.

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