Travel Ban on H-1B Nonimmigrants Effective September 21, 2025

September 20, 2025

On September 19, 2025, a new proclamation by President Trump introduced significant changes affecting H-1B nonimmigrants seeking to enter or reenter the United States. The proclamation, titled "Restriction on Entry of Certain Nonimmigrant Workers," imposes a $100,000 fee for H-1B nonimmigrants currently outside the U.S. wishing to enter or reenter.

International travel for H1B visa processing or renewals should be avoided until further clarification is available.

Key Points:

• Effective Date: The proclamation takes effect at 12:01 a.m. EDT on Sunday, September 21, 2025, and is set to last one year, with a possibility of extension.

• Scope: The restriction is specifically aimed at H-1B workers outside the U.S. attempting entry after the effective date. It does not initially affect those already within the U.S. but may impact those who leave and attempt to return during the proclamation's duration.

• Fee Requirement: USCIS will not process petitions for H-1B workers outside the U.S. without proof of the $100,000 fee payment. However, extensions and changes of status within the U.S., where the beneficiary remains in lawful H-1B status, seem exempt unless otherwise specified.

• Review and Recommendations: By March 2026, key government officials will advise the President on whether to extend or renew the restrictions based on U.S. interests.

• B Visa Misuse Prevention: The Secretary of State will issue guidelines to prevent misuse of B visas by beneficiaries with H-1B petition start dates prior to October 1, 2026.

• Labor Market Adjustments: The Secretary of Labor will initiate rulemaking to adjust prevailing wage levels and prioritize high-skilled, high-paid nonimmigrants.

• Exceptions: Possible exceptions exist for individuals, companies, or industries deemed in the national interest and not threatening U.S. security or welfare.

For additional guidance or questions, please contact our firm to speak with an experienced immigration attorney.

Understanding the Distinction Between Unlawful Presence and Unlawful Status

September 09, 2025

Navigating the complexities of immigration law can be challenging, especially in the current climate where policies are rapidly evolving. One critical area that requires clarity is the difference between "unlawful presence" and "unlawful status." Although these terms are often used interchangeably, they represent distinct concepts with different implications for foreign nationals in the United States.

Unlawful Presence

When foreign nationals enter the United States, they usually receive an I-94 Entry/Departure Record as proof of lawful admission. This document determines the period during which they can legally remain in the country. Staying beyond the expiration date on an I-94, without securing an extension or change of status, results in unlawful presence. Since the implementation of the Immigration and Nationality Act in 1997, the consequences for accruing unlawful presence have been severe. Even a single day of overstaying can void a visa, necessitating a new one from the individual's home country, as third-country processing is not allowed once unlawful presence accrues.

For those admitted under specific visa categories—A, F, G, I, and J—the I-94 may indicate "Duration of Status" (D/S) rather than a fixed date. Such individuals don't immediately begin accruing unlawful presence after their program ends. However, they may still face consequences if a status violation is determined during an application for another immigration benefit or by an immigration judge.

Consequences of Unlawful Presence

The penalties for unlawful presence escalate with time. Those accruing over 180 days face a three-year bar from readmission, while over 365 days of unlawful presence results in a ten-year bar. A permanent bar applies to those with more than a year of unlawful presence who then attempt to reenter without inspection. Although waivers exist, they are limited, especially for the permanent bar.

Unlawful Status

Conversely, unlawful status refers to noncompliance with visa terms without necessarily overstaying the authorized period. This might include unauthorized employment or other violations. Importantly, unlawful status does not automatically lead to unlawful presence unless the I-94 expires without an extension. Understanding the nuances between these two concepts is crucial for advising clients on maintaining or restoring lawful status.

In conclusion, distinguishing between unlawful presence and unlawful status is vital for navigating the U.S. immigration system effectively. As policies continue to shift, staying informed and seeking expert guidance can help mitigate potential immigration consequences.

For more information or assistance, contact our firm to schedule a consultation with one of our experienced immigration attorneys.

Important Update on Nonimmigrant Visa Interview Locations

 September 07, 2025

Effective September 6, 2025, the U.S. Department of State has issued new guidance regarding the scheduling of visa interview appointments for nonimmigrant visa (NIV) applicants. This update is crucial for anyone planning to apply for a U.S. nonimmigrant visa, as it requires applicants to schedule their interviews at a U.S. Embassy or Consulate in their country of nationality or residence.

For individuals from countries where the U.S. does not conduct routine nonimmigrant visa operations, specific designated locations have been established for processing. Below are the designated visa application locations for applicants from Ukraine, Russia, and Belarus:

- Ukraine: Krakow, Warsaw

- Russia: Astana, Warsaw

- Belarus: Vilnius, Warsaw

Key Points to Note:

1. Residence Requirement: Applicants must demonstrate residence in the country where they are applying if their application is based on residency.

2. Fees: Be aware that fees paid for visa applications at embassies or consulates outside your country of nationality or residence are non-refundable and non-transferable. It may also be more challenging to qualify for a visa under these circumstances.

3. Appointment Availability: Wait times for visa interview appointments can vary significantly by location. Those applying outside of their country of nationality or residence should anticipate possibly longer wait times.

4. Existing Appointments: Generally, existing nonimmigrant visa appointments will not be canceled due to these new guidelines.

5. Exceptions: This guidance does not apply to certain visa categories such as A, G, C-2, C-3, NATO visas, or diplomatic and official-type visas. Exceptions may also be made for humanitarian or medical emergencies, or for foreign policy reasons.

It is highly recommended that applicants check the official websites of the relevant U.S. embassies or consulates for detailed information on visa application requirements, procedures, and updates on operating status and services.

This new instruction supersedes previous guidance on visa application requirements and designated processing locations. Staying informed and prepared will help ensure a smoother visa application process.

Administrative Processing in Visa Cases

July 20, 2025

If you're navigating the visa application process, you might encounter what's known as "Administrative Processing." This can lead to delays in visa adjudication, and understanding what this means can be crucial for managing your expectations and planning your next steps. Here’s a breakdown to help you understand and address these potential delays.

What Is Administrative Processing?

When applying for a U.S. visa, your application might not be finalized during your interview. This situation is often referred to as "Administrative Processing." This doesn’t mean your visa is denied permanently. Instead, it indicates that the consular officer requires additional information to make a final decision. Here are some common reasons why your application might be placed under administrative processing:

Common Triggers for Administrative Processing

1. Missing Documents: Sometimes, additional documents such as court or police records are needed.

2. Security Clearances: Your application may require further checks due to:

   - Name verification

   - Technology-related concerns

   - Reviews based on nationality

3. Internal Consultations: Occasionally, more information is needed due to unclear facts from your interview.

4. Database “Hits”: Matches from biometric or biographic data checks against security watchlists.

Types of Administrative Processing

1. Additional Documentation Needed (INA §221(g))

This is the most common category. If essential documents are missing, you'll receive a notice detailing what's needed. It's important to submit these documents within one year to avoid a final refusal. Even if resolved, this refusal must be disclosed in future visa applications.

 2. Security Clearance Required

In some cases, your eligibility seems clear, but the visa process is delayed due to background checks. These checks are conducted by various government agencies and can take a few days to several months. Usually, no action is required from you during this process.

3. Waiver-Dependent Refusals (INA §212(a))

If found inadmissible, you may need a waiver, which can take several months to process. During this period, your visa status will remain “refused” until the waiver is approved.

What You Can Expect

• Limited Transparency: You might not be given detailed reasons for the administrative processing.

• Visa Status Updates: Initially, your status will show as “Refused.” Once processing is complete, it will change to “Approved” and eventually to “Issued.”

• Possible Recurrence**: Some applicants may face administrative processing each time they apply, especially if previous applications required it.

How to Follow Up

Here are some steps you can take if you find yourself in administrative processing:

When to Inquire

Wait at least 180 days before making inquiries unless there’s an emergency.

Contact the Consular Post: Use official channels if your application is delayed beyond this period. Continue monthly follow-ups if needed.

Additional Steps

1. Contact the Embassy Politely: You can start inquiries 180 days after your interview.

2. Seek Congressional Help: If delays are prolonged, a U.S.-based petitioner or family member can contact their congressional representative for assistance.

3. Consider Legal Action: In extreme cases, filing a mandamus lawsuit may be an option. Consult with a lawyer experienced in such matters.

4. Avoid Refilling: Submitting a new application while one is pending can cause additional delays.

Resources for Further Assistance

- CEAC Status Check

- DOS Administrative Processing Information

- Find U.S. Embassies

Understanding these processes can help you navigate the complexities of administrative processing in visa cases. For personalized advice, consider consulting with an experienced immigration attorney who can guide you through the available options.

Supreme Court Halts District Court Order on CHNV Parole Programs Termination

May 30, 2025

In a significant legal development on Friday, May 30, the Supreme Court decided to grant the Trump administration's request to pause the April 15, 2025, order from the U.S. District Court of Massachusetts (case No. 1:25-cv-10495). This pause relates to the administration’s planned termination of the CHNV Parole Programs. The Supreme Court's decision effectively suspends the District Court's ruling, maintaining the status quo until all appeals and possible Supreme Court reviews are fully exhausted.

What Does This Mean for CHNV Parole Programs?

Procedurally, this case is now advancing through the 1st Circuit Court of Appeals. Importantly, the stay that previously prevented the Department of Homeland Security (DHS) from terminating the CHNV Parole Programs, including work authorization, is no longer in place. This means that DHS has the authority to proceed with the termination of these programs, impacting many individuals and organizations.

USCIS to Resume Processing of Immigration Benefit Applications for U4U and OTHER Humanitarian Parole recipients

May 28, 2025

A federal judge in Massachusetts has mandated the Trump administration to reinstate the processing of immigration benefits for individuals granted lawful status through humanitarian parole programs, including Uniting for Ukraine (U4U). This ruling is crucial in ensuring that USCIS resumes processing a wide range of immigration-related benefits for these beneficiaries.

Department of State Expands Social Media Vetting for Visa Applicants

 Date: May 27, 2025

 A recent report by Politico has unveiled a new Department of State (DOS) cable titled "Action Request: Expanding Screening and Social Media Vetting for Visa Applicants – Part 1." A screenshot of this cable has been circulating online, highlighting significant changes in the visa application process.

Key Directives from the DOS Cable

The DOS has issued directives to its consular posts to reassess their operations and processes, with a focus on expanding social media vetting for all F, M, and J visa applicants. This move is part of a broader initiative to enhance screening measures. Here are the main points from the DOS cable:

Limiting Appointment Capacity

Consular posts have been instructed not to increase interview capacity for student visas. They are also advised to remove any unscheduled appointment slots until further guidance is issued by the DOS.

Current Appointments

Visa appointments that have already been scheduled can proceed under the current guidelines until new instructions are provided.

Pending Guidance

Further guidance regarding these changes is expected to be released in "the coming days." Until then, F-1, J-1, and M-1 visa applicants should be prepared for potential difficulties in securing appointments.

Implications for Visa Applicants

 Visa applicants, particularly those applying for F, M, and J visas, should be aware of the following potential impacts:

Appointment Availability

Due to the directive to limit interview capacity, securing visa appointments may become more challenging in the immediate future.

Processing Delays

Even after attending a visa interview, applicants might face delays in visa processing due to administrative reviews as the new social media vetting guidelines are implemented.

Uncertain Impact on SEVIS Records

There remains uncertainty regarding how this new directive will affect students whose SEVIS records were previously terminated and later restored due to litigation. The implications for these students will become clearer as further guidance is released.