Following the passage of a continuing resolution back in March, Congress now has until midnight tonight (September 30, 2025) to pass a full-year spending bill or another continuing resolution to keep the Federal government funded and prevent a shutdown. If Congress is not able to come to an agreement this would result in a government shutdown that would impact several government agencies responsible for administering parts of various immigration and visa programs. While the situation continues to develop, a shutdown is looking increasingly likely. To help prepare, D&S outlines below the impact of a government shutdown on the various Federal immigration functions should Congress fail to take action prior to tonight’s deadline:
Read MoreDOL Launches "Project Firewall" to Intensify H-1B Program Enforcement
What’s Happening
In September 19, 2025, press release the Department of Labor (“DOL”) unveiled Project Firewall, an initiative aimed at strengthening enforcement of the H-1B visa program. According to the DOL, this effort will prioritize robust oversight of employer obligations under the H-1B framework, particularly those related to wages and working conditions as required by the Labor Condition Application (“LCA”) that must be filed with each H-1B petition where employers attest that they will offer the same wages, benefits, and working conditions to the H-1B employee as they offer to similarly situated U.S. workers.
While the DOL has long had the authority to investigate employer compliance, Project Firewall represents a renewed and more aggressive enforcement posture. The initiative is designed to improve worker protections and deter abuse of the H-1B system.
Under Project Firewall, employers should expect increased audits and investigations related to H-1B wage practices and Labor Condition Application (LCA) compliance. Therefore, H-1B employers should undertake proactive compliance review of H-1B wage practices and documentation thereof, including Public Access Files, to mitigate risk, including potential fines, back wage liability, or even disqualification from the H-1B program.
Read MoreTrump Administration Launches "Gold Card" Immigration Program for High-Net-Worth Individuals and Corporations and Announces Plans for a “Platinum Card”
What’s Happening
As part of a flurry of executive actions taken late in the day on Friday, September 19, 2025, the Trump administration issued an Executive Proclamation announcing a new immigration initiative known as the “Gold Card” program, which offers permanent residency in the United States to foreign nationals who make qualifying financial contributions. The program is being administered through a new government portal at TrumpCard.gov.
In addition, the Administration separately unveiled a new “Platinum Card” program which was not included in the Executive Proclamation but included as an option on TrumpCard.gov.
These wealth-based programs require that applicants pay gifts to the U.S. government in the following amounts as one of the main eligibility criteria:
Individual Gold Card ($1 million gift for expedited processing of permanent residence application)
Corporate Gold Card ($2 million gift for expedited processing of permanent residence application)
Platinum Card ($5 million gift for ability to spend up to 270 days in the U.S. annually without being subject to U.S. taxes on non-U.S. income)
The Gold Card is said to be in the “implementation phase” and the administration acknowledges that the Platinum Card will require Congressional action before it can be implemented. As of now, the website is currently offering individuals the ability to sign up to be on a waitlist for the Gold and Platinum Cards, which it indicated will be given out on a first-come, first served basis.
Read MoreDHS Issues Advanced Copy of New Weighted H-1B Lottery Selection Process
What’s Happening
The Department of Homeland Security (DHS) has provided an advanced copy of a notice of proposed rulemaking (“NPRM”) to amend the H-1B visa selection process, implementing a weighted selection system which aims to favor higher-skilled (and higher-paid) applicants.
The proposed rule is expected to be formally published in the Federal Register on September 24, 2025, followed by a 30 day period of public comment. It is expected that it will take several months following the end of the notice and comment period for DHS to review public input and publish the final rule along with its effective date (expected to be 30 to 60 days from the date of publication). In addition, updates would need to be made to the current online H-1B registration portal to reflect the new data that must be gathered as well as the weighted registrations. As such, it is not yet known whether the new system could be in place for the upcoming H-1B cap season (Fiscal Year (FY) 2027).
Read MoreUpdates on The H-1B Executive Action: What We Do and Do Not Know at This Time + FAQs
What’s Happening
On Friday, September 19th, the Trump Administration signed a Proclamation, Restriction On Entry Of Certain Nonimmigrant Workers (“H-1B Proclamation”), instituting a new “Travel Ban” on H-1B visa holders where their petitioning employer has not paid a new $100,000 fee for certain H-1B petitions filed after September 21, 2025. The initial wording of the H-1B Proclamation was extremely vague and imprecise and suggested that the new fee would apply to all H-1B visa holders outside the U.S. on the effective date, which caused extreme chaos and panic, with many H-1B workers rushing to get back to the U.S. before the Saturday evening deadline.
Following this initial chaos, separate clarifying guidance was issued by the White House, Customs and Border Protection (“CBP”), U.S. Citizenship and Immigration Services (“USCIS”), and the Department of State (“DoS”). Despite these additional clarifications, there continues to be conflicting information due to confusing wording across these individual resources which makes it difficult to ascertain the full scope of the new rule. Below we include:
An analysis of what information is confirmed at this time and what remains unclear
Responses to Frequently Asked Questions
Some practical guidance for H-1B employers and what to expect next
An overview of the official government guidance provided regarding the H-1B Proclamation to-date
Note that the best way to receive up-to-date information is to subscribe to receive our Client Alerts.
Read MoreH-1B TRAVEL ADVISORY UPDATE: USCIS Confirms H-1B Travel Restriction Is Prospective and Does Not Apply to Current H-1B Beneficiaries
UPDATE: USCIS ISSUES CLARIFYING GUIDANCE THAT H-1B TRAVEL RESTRICTION WILL ONLY APPLY PROSPECTIVELY AND WILL NOT IMPACT CURRENT H-1B VISA HOLDERS
Late in the day on September 20, 2025, USCIS Director, Joseph B. Edlow, issued a Policy Memorandum clarifying that the Trump Administration’s Executive Action (EA) titled Restriction On Entry Of Certain Nonimmigrant Workers (“H-1B Proclamation”) applies prospectively.
Read MoreH-1B TRAVEL ADVISORY
USCIS Adjudication Trend Alert: NTAs being issued for H-1B workers with pending COS/COE filings during the 60-day grace period
What’s Happening
Employers of H-1B, H-1B1, and E-3 workers need to be aware of a growing trend in immigration enforcement practices that could affect their workforce and compliance obligations. Recent trends show that U.S. Citizenship and Immigration Services (USCIS) is taking a stricter approach to the 60-day post-termination grace period, and in some cases, is issuing Notices to Appear (NTAs) in removal proceedings upon being notified of the withdrawal of an H-1B petition, even when a worker has filed a timely petition to remain in the United States. This shift, coupled with longstanding employer obligations around terminating foreign workers, increases the risks for businesses if proper steps are not taken when terminating an H-1B, E-3, or H-1B1 employee. This alert explains what these changes mean and what actions employers should take now to stay compliant.
Read MoreDepartment of State October 2025 Visa Bulletin Summary
The Department of State has released the October 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In October 2025, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing for Employment-Based Preference chart.
To be eligible to file an adjustment of status application in October 2025, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.
The EB-1 Date for Filing for India is April 15, 2023, and the Date for Filing for China is May 15, 2023. All other countries will remain current.
The EB-2 Date for Filing for India is December 1, 2013 and the Date for Filing for China is December 1, 2021. The Date for Filing for nationals of all other countries is July 15, 2024.
The EB-3 Professional/Skilled Worker Date for Filing for India will advance to August 15, 2014, and the Date for Filing for China will advance to January 1, 2022. The Date for Filing for the Philippines, Mexico, and all other countries will be July 1, 2023.
The EB-4 category Date for Filing for nationals of all countries will be February 15, 2021. The Certain Religious Eb-4 category is currently unavailable.
With respect to the Final Action Date for the EB-5 Unreserved categories, India advanced to April 1, 2022, and China advanced to July 1, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.
DOS Updates Guidance on Third Country National Nonimmigrant Visa Processing
What’s Happening
The Department of State (DOS) issued an updated policy via its website on Saturday, September 6th stating that, effective immediately, they are updating their policy on Third Country National (TCN) nonimmigrant visa processing. Until now, all consular posts were able to accept TCN nonimmigrant visa applications, with specific policies varying across posts regarding wait times, adjudication procedures, and eligibility criteria for TCN processing. While DOS has always preferred applicants to apply in their home country where possible, this new policy marks a significant departure from that long-standing practice of allowing applicants to apply wherever they are able to get an appointment if there is not good availability in their country of nationality or residence.
At this time, it appears that the guidance was issued without advance warning to individual consular posts and, as of Monday morning, the immigration bar is seeing a large amount of inconsistency across posts with respect to TCN visa adjudications, with some posts continuing to process already-scheduled TCN appointments and others (most notably the U.S. Embassy in London) completing interviews but declining to take passports for visa stamping and placing applications in administrative processing until they receive further implementation guidance from DOS leadership.
We have summarized below the main points covered in the updated guidance along with some commentary on what we do and do not know at this time based on the unclear wording of the new guidance, which leaves open questions as to whether TCN processing is now completely prohibited unless an individual can establish residency in the consular jurisdiction, or whether it is being discouraged but still ultimately a practice that will be allowed to continue with increased restrictions.
Read MoreDHS Proposes End to “Duration of Status” for F, J, and I Visa Holders + Removes Deference
What’s Happening
Removal of Duration of Status Classification for F, J, and I visa holders
The Department of Homeland Security (DHS) has released a proposed rule that would eliminate the "duration of status" (D/S) admission framework for F students, J exchange visitors, and I media representatives. Instead, DHS would implement a fixed period of stay, aligning these categories more closely with the structure applied to other nonimmigrant visa types.
While DHS indicates the purpose of the new rule is to limit the amount of time that visa holders are allowed to remain in the United States without additional screening and vetting, this change would significantly alter how international students and exchange visitors maintain lawful presence and work authorization in the United States.
Removal of Deference to Prior USCIS Approvals
Another critical element in the proposed rule is the removal of deference to prior USCIS approvals for Form I‑129 petitions, even when they involve the same parties and facts. Under the H-1B modernization rule, which took effect in January shortly before the change in administration, USCIS typically deferred to earlier decisions in H‑1B (and other I‑129-based) extensions, so long as the underlying facts remained materially unchanged. Under the new rule, USCIS would no longer be required to give deference to prior approvals, which could result in inconsistent adjudication outcomes.
Read MoreUSCIS Expands Review Criteria for Certain Immigration Applications Involving Discretion, Including Online Activity and Ideological Associations
What’s Happening?
On August 19, 2025, U.S. Citizenship and Immigration Services (USCIS) released updated policy guidance that changes how the agency reviews a range of immigration applications. The updates, which revise Chapter 8 of the USCIS Policy Manual, direct immigration officers to take a broader look at an applicant’s background, including public online activity, ideologies, and associations, when deciding whether to approve a request for certain immigration benefits.
These changes primarily impact applications that involve discretionary review, meaning that, in addition to confirming an applicant meets statutory and regulatory eligibility criteria, officers must also weigh an applicant’s eligibility alongside a broader assessment of their background to determine if approval is warranted.
Read MoreNew USCIS Memo Changes “Good Moral Character” Analysis for Naturalization Eligibility
What’s Happening
On August 15, 2025, the United States Citizenship and Immigration Service (USCIS) issued a new Policy Memorandum (PM) that changes how they assess whether someone can sufficiently demonstrate “good moral character” (GMC) when applying for U.S. citizenship.
Read MoreDepartment of State Updates Visa Reciprocity Schedule
What’s Happening?
On July 8, 2025, the U.S. Department of State updated its visa reciprocity schedule, reducing visa validity and entry allowances for more than 50 countries. The reciprocity schedule determines how long a visa is valid, how many times it can be used to enter the U.S., and what fee is charged based on how that country treats U.S. travelers.
For many nations, certain nonimmigrant visas in the B (visitor), F (student), H (temporary worker), J (exchange visitor), M (vocational student), and O (individuals with extraordinary ability) categories have been shortened to three months validity and single entry only. Visas issued before this date remain valid as printed. Full or partial travel bans also remain in effect for several of these countries, which may further limit visa issuance.
Read MoreState Department Introduces Visa Bond Pilot Program for Certain B-1/B-2 Applicants
What’s Happening?
Beginning August 20, 2025, the U.S. Department of State (DOS) will implement a 12-month Visa Bond Pilot Program targeting certain applicants for B-1/B-2 nonimmigrant visas. Under this program, nationals of designated countries may be required to post a bond of $5,000, $10,000, or $15,000 as a condition of visa issuance. According to DOS, this program aims to test the effectiveness of visa bonds as a tool for reducing overstays and supporting national security. The pilot will run through August 5, 2026, and is expected to impact approximately 2,000 applicants. Future updates may expand the list of affected countries.
Read MoreMajor Changes to the U.S. Nonimmigrant Visa Interview Waiver Program Starting September 2, 2025
What’s Happening?
The State Department recently announced that beginning September 2, 2025, most nonimmigrant visa applicants will no longer qualify for interview waivers at U.S. consular posts abroad. The State Department has announced that the already-narrowed program will shrink even further, effectively requiring in-person interviews for the vast majority of visa categories, including for dependent children under the age of 14.
This new policy is a continuation of the Department’s efforts to restrict interview waivers, which have served as a critical tool in managing consular workloads, avoiding extreme backlogs in appointment availability, and allowing consular staff to more efficiently direct resources to vetting high risk applicants.
Earlier this year, in February 2025, the Department curtailed the COVID-era expansion of the program, which had allowed interview waivers for applicants whose prior visa in the same classification had expired within 48 months—and, in some cases, even for first-time applicants. The February revision restricted eligibility to those renewing a visa in the same category that was still valid or had expired within the last 12 months. The September changes will restrict the visa waiver program further.
Read MoreUSCIS Announces FY2026 H-1B Cap Has Been Reached
USCIS has confirmed that the H-1B cap has been reached for FY2026. While this is not unexpected, it does confirm that a second round of selections will not take place this year.
As a reminder, the agency will continue to accept petitions that are exempt from the cap, including petitions requesting an extension or amendment of H-1B status, a change in H-1B employer, or for new concurrent H-1B employment.
State Department August 2025 Visa Bulletin Summary
The Department of State has released the August 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In August 2025, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates for Employment-Based Preference chart. To be eligible to file an adjustment of status application in August 2025, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.
The EB-1 Final Action Date for India will remain at February 15, 2022, and the Final Action Date for China will remain at November 15, 2022. All other countries will remain current.
The EB-2 Final Action Date for India will remain at January 1, 2013 and China will remain at December 15, 2020. All other countries have retrogressed by six weeks to September 1, 2023. According to the Department of State, the EB-2 issuance total for this category is rapidly approaching its annual limit for FY-2025. DOS has indicated that it is likely the annual limit will be reached in August.
The EB-3 Professional/Skilled Worker Final Action Date for India will advance by four weeks to May 22, 2013, while China will remain at December 1, 2020, and the Philippines will remain at February 8, 2023. All other countries will remain at April 1, 2023.
The EB-4 category will be “unavailable” in August and continuing through the end of the fiscal year on September 30, 2025. The category was made “unavailable” on February 28, 2025, by which time all available EB-4 visas for the 2025 fiscal year had been used. The annual limit will reset at the start of the new fiscal year on October 1, 2025.
With respect to the Final Action Date for the EB-5 Unreserved categories, India will advance by six months to November 15, 2019, while China will advance by twenty two months to December 8, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.
Federal Judge Blocks Trump’s Birthright Citizenship Executive Order
A federal judge has blocked President Trump’s executive order that sought to restrict birthright citizenship in the United States. The ruling came in response to a lawsuit filed on behalf of families affected by the order and grants relief nationwide. The lawsuit will now proceed as a class-action. However, the judge issued a seven-day stay on his ruling, giving the federal government one week to appeal the decision. In the meantime, there is still uncertainty, but for now, the executive order cannot be enforced, and children born in the U.S. on or after February 20, 2025, are eligible for U.S. Citizenship.
Read MoreDHS Proposes Rule to Eliminate “Duration of Status” for F, J, and I Visa Holders
What’s Happening:
On June 27, 2025, the U.S. Department of Homeland Security (DHS) submitted a proposed rule to the Office of Management and Budget (OMB) that would eliminate the “duration of status” (D/S) admission period for F-1 students, J-1 exchange visitors, I-1 foreign information media representatives, and their dependents. The proposal, if finalized, would replace the current “duration of status” system with fixed periods of authorized stay—generally two or four years—with the option to file extensions of status with USCIS.
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