DHS 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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Supreme Court Allows Birthright Citizenship Executive Order to Move Forward 30 Days from Today, Only Named Plaintiffs in Currently-Pending Lawsuits Remain Protected

On Friday, June 27, 2025, the United States Supreme Court made an important decision that affects who can get U.S. citizenship at birth. The Court said the federal government can start enforcing parts of a January 20th executive order that limits automatic citizenship for some children born in the U.S. to nonimmigrant and undocumented parents.

More specifically, this executive order stated that at least one parent must be a U.S. citizen or Lawful Permanent Resident (LPR) (aka: green card holder) for their child to get citizenship at birth, even if the child is born on U.S. soil. Critics say this violates the 14th Amendment of the Constitution, which has long been interpreted to grant citizenship to nearly everyone born in the U.S. Should the Executive Order be allowed to partially take effect, it remains unclear what the immigration status of children born to non-citizen or non-LPR parents not protected by  the current injunctions will be at birth. It also remains unclear whether, if the executive order is ultimately deemed unconstitutional, impacted children born in the U.S. while the ban was in effect would retroactively be accorded U.S. citizenship.

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DOS Announces Resumption of Student & Exchange Visitor Visa Appointments and New Social Media Vetting Measures

What’s Happening?

After a temporary pause in Student or Exchange Visitor Visa Appointments, U.S. consulates are resuming scheduling appointments for F-1 and M-1 student visa and J-1 exchange visitor visa applications. However, on June 18, 2025, the State Department (DOS) announced that this return comes with newly expanded vetting measures that may affect processing times and outcomes. The guidance specifically calls for “a review of the applicant’s entire online presence using any appropriate search engines or other online resources,” including “a check of any databases to which the consular section has access.” Additionally, a key aspect of the enhanced screening procedures is mandatory screening of applicants' social media.  As part of the social media screening, applicants are being instructed to make all social media accounts public during the visa application process.

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State Department July 2025 Visa Bulletin Summary

The Department of State has released the July 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In July 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 July 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 advance by one week to 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 advance by two weeks to December 15, 2020. All other countries will remain at October 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by one week to April 22, 2013, while China will advance by one week to December 1, 2020. All other countries will advance by seven weeks to April 1, 2023.

The EB-4 category will be “unavailable” in July 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 remain at May 1, 2019, while China will remain at January 22, 2014. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

Trump Administration Announces Two New Travel Bans

What’s Happening?

Country-Specific Travel Ban

On June 4, 2025, President Trump issued a new Presidential Proclamation (“Country Specific Travel Ban”) implementing a new travel ban that restricts entry for foreign nationals from 19 countries, with different levels of restrictions applied based on the perceived security risk. The full and partial suspensions will go into effect at 12:01 a.m. ET on Monday, June 9, 2025 and apply to nationals of impacted countries who are both:

  1. Outside of the U.S. as of the effective date of the ban; and

  2. Do not have a valid nonimmigrant or immigrant visa as of the date of the ban.

The countries with full suspension are Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. Unless and exception applies, nationals from these countries with full suspension are not able to enter the U.S. at this time. This suspension applies to both immigrants and nonimmigrants.

The countries with partial suspension are Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. Under the partial suspension, unless and exception applies, nationals from these countries are not able to enter the U.S. on immigrant visas, or on certain non-immigrant visas including: B visitor visas, F-1 student visa, M-1 student visa, and J-1 exchange visitor visa. 

For the seven countries subject to the partial suspension, the proclamation instructs consular officers to shorten the validity period of any nonimmigrant visa issued under a non-suspended nonimmigrant category, “to the extent permitted by law.” However, it remains unclear how consulates will determine the extent of this limitation.

The Proclamation also confirms that no nonimmigrant or immigrant visas issued before the June 9th effective dates will be revoked as a result of the ban.

Finally, the Proclamation calls for periodic review of the list of travel ban countries to assess whether restrictions should be removed, updated, modified, or continued and also calls for a review of whether some level of travel restrictions should be imposed on nationals of Egypt.

Harvard Travel Ban

In addition to the nationality-based travel ban, the President also issued an additional Proclamation (“Harvard Travel Ban”) that applies to all foreign nationals who enter or attempt to enter the United States to begin attending Harvard University through the Student and Exchange Visitor Program (SEVP) (which governs F, M, and J visa admissions) after the date of this proclamation. The Harvard Travel Ban is effective immediately and will remain in effect for at least six months. 

The Proclamation also directs the Secretary of State and various other agencies to assess whether existing F, M, and J visa holders currently attending Harvard should have their visas revoked and whether limitations should be imposed on Harvard’s ability to participate in the Student Exchange Visitor Program (SEVP) and the Student and Exchange Visitor Information System (SEVIS), which are required for the University to enroll foreign students.

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DOS Announces Pause in Student or Exchange Visitor Visa Appointments

UPDATE: DOS has resumed F, M, and J visa process along with new social media vetting measures. Updated information can be found here.

What’s Happening

On May 27, 2025, in an internal State Department (DOS) cable obtained by several news outlets including CBS, The Associated Press, and Politico, Secretary of State Marco Rubio ordered US embassies to stop scheduling F-1 and M-1 student visa and J-1 exchange visitor visa appointments until further notice. This pause is intended to be temporary, but will remain in place until the State Department provides embassies with updated guidelines on screening applicants’ social media. There is no official guidance on what the additional social media screening and vetting will look like. However, the Trump Administration’s general practice of looking at visa applicants’ social media indicates the social media screening will focus on “terrorism” and “antisemitism” as part of the administration’s broader crackdown on pro-Palestinian demonstrations on university campuses. Although there is no specified duration for the pause, the cable indicated that further guidance is anticipated “in the coming days.” 

With the exception of Canadians, all students and exchange visitors traveling to the U.S. to study or work must attend an interview at a U.S. consulate or embassy abroad and be issued a visa stamp before they are able to travel to the U.S. and commence studies or work permitted under their F-1, M-1, or J-1 status.

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D&S Travel & Digital Privacy Advisory

What’s Happening

As the immigration landscape continues to evolve under the Trump Administration, certain trends have been observed at U.S. ports of entry, including the detention of visitors, nonimmigrant visa holders, and lawful permanent residents. There has also been a rise in the search of social media, phones, and other electronic devices for individuals clearing U.S. immigration. While these occurrences remain isolated and represent only a small fraction of the total number of travelers admitted to the U.S. each day, they understandably are causing concern from non-citizens living in and/or traveling to the U.S. Below is an overview of best practices for navigating both travel and digital privacy.

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June 2025 State Department Visa Bulletin Summary

The Department of State has released the June 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In June 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 June 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 8, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at January 1, 2013 and China will advance by two months to December 1, 2020. All other countries will advance by nearly four months to October 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will remain at April 15, 2013, while China will advance by three weeks to November 22, 2020. All other countries will advance by five weeks to February 8, 2023.

The EB-4 category will be “unavailable” in June 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 remain at May 1, 2019, while China will remain at January 22, 2014. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

Guidance for Noncitizens: Social Media & Activism under the Trump Administration

What’s Happening

Since President Trump’s return to office earlier this year, there has been a renewed focus on immigration enforcement and vetting procedures. Early actions by the administration suggest a return to more restrictive immigration policies, which notably include significantly enhanced attention focused on the social media activity and public behavior of not only nonimmigrant visa holders, but even U.S. permanent residents. Reports of heightened scrutiny at ports of entry and during consular visa processing as well as use of Artificial Intelligence (AI) to screen for “problematic” social media activity, have raised concerns about how online expression and political involvement—especially if perceived as critical of the U.S. government or current administration’s political priorities—might impact U.S. immigration status. In this climate, it is critical that visitors, nonimmigrant visa holders, and U.S. permanent residents understand the extent to which their online and social media presence is being vetted by the current administration so that they can assess the level to which they wish to exercise discretion in their public and digital presence.

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May 2025 State Department Visa Bulletin Summary

The Department of State has released the May 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In May 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 May 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 8, 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 October 1, 2020. All other countries will remain at June 22, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by two weeks to April 15, 2013, while China will remain at November 1, 2020. All other countries will remain at January 1, 2023.

The EB-4 category will be “unavailable” in May 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 retrogress by five months to May 1, 2019, while China will remain at January 22, 2014. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

Online Registration Requirement for Certain Foreign Nationals

On January 20, 2025, President Trump signed Executive Order 14159, directing the Department of Homeland Security (DHS) to “restore order and accountability to our immigration system.” As a result of the Order, certain foreign nationals present in the United States will now be required to register online with the Department of Homeland Security and undergo biometrics collection and a background check.

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DHS to Terminate CHNV Parole Program Effective April 24, 2025

What’s Happening

The Department of Homeland Security (DHS) has indicated that it will be publishing a notice in the Federal Register on Tuesday, March 25, 2025, announcing its plans to terminate a program granting humanitarian parole and employment authorization to qualifying nationals of Cuba, Haiti, Nicaragua, and Venezuela, a program commonly referred to as the “CHNV Parole Program.”. 

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International Travel For Noncitizens Under Trump 2.0 - Travel Ban, Increased Apprehensions and Detentions, and Best Practices

In light of the rapidly evolving immigration landscape, we continue to closely monitor the potential implications of President Trump's January 20th Executive Orders on travel and border security. These executive orders, which include both "Enhanced Vetting" and "Securing Our Borders" directives, have raised concerns about possible travel bans and increased scrutiny for noncitizens seeking entry into the United States. Alongside these policy shifts, troubling trends are emerging at U.S. ports of entry, including the detention of visitors and nonimmigrant visa holders and heightened risk for Canadians applying for TN status at the border. As the deadline for implementing these orders approaches, we are committed to keeping you informed of critical developments and providing guidance on best practices for navigating potential risks.

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April 2025 State Department Visa Bulletin Summary

The Department of State has released the April 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In April 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 April 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 advance by two weeks to February 15, 2022, and the Final Action Date for China will remain at November 8, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will advance by one month to January 1, 2013 and China will advance by almost five months to October 1, 2020. All other countries will advance by five weeks to June 22, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by two months to April 1, 2013, while China will advance by three months to November 1, 2020. All other countries will advance by one month to January 1, 2023.

The EB-4 category will be “unavailable” in April 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 retrogress by over two years to November 1, 2019, while China will retrogress by about two and half years to January 22, 2014. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

USCIS To Initiate Removal Proceedings After Denying Applications, With Exceptions for Employment-Based Petitions

WHAT’S HAPPENING

On February 28, 2025, USCIS issued a Policy Memorandum (PM) expanding its role in initiating removal proceedings for certain foreign nationals, requiring the agency to initiate removal proceedings by issuing a Notice to Appear (NTA) after it denies an application for an immigration benefit if the denial renders the foreign national unlawfully present in the United States. The PM includes a specific carveout for beneficiaries of employment-based petitions but this carve out does not include their dependent family members or beneficiaries who served as the signatory on their I-129 petition.

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President Trump Announces Plans to Sell "Gold Cards"

President Trump has announced plans to sell “gold cards” to wealthy foreigners. The program, which will require applicants pay “about $5 million” to obtain a green card and a path to citizenship, according to the President, would replace the EB-5 visa––a green card pathway enacted in 1990 based on investment and U.S. job creation.

Details are limited but D&S will provide updates as they become available.

State Department Issues Guidance Restricting Gender Designations On U.S. Passports

On February 14, 2025, the State Department (DOS) issued guidance announcing a new policy on sex markers in U.S. passports, pursuant to the Trump Administration’s executive order declaring that the U.S. government will only recognize the two binary sexes (male and female). Under the new policy, DOS will only issue U.S. passports that contain either an “M” or “F” sex marker, and will only issue new passports that match the biological sex assigned at birth. DOS will no longer issue U.S. passports or Consular Reports of Birth Abroad with an “X” marker.

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State Department Narrows Eligibility For Nonimmigrant Visa Interview Waiver

On February 18, 2025, the State Department narrowed the categories of applicants eligible for a nonimmigrant visa interview waiver, rescinding a 2023 update that had expanded eligibility. Under the updated program, consular offices have the authority and discretion to waive the in-person interview only for the following categories:

  • Applicants who previously held a visa in the same category that expired within the 12 months prior to the new application;

  • A-1, A-2, C-3, G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1; and

  • Applicants for diplomatic- or official-type visas.

To be eligible for the waiver, these applicants must also meet the following criteria:

  • 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 update to narrow eligibility is expected to increase appointment wait times.

It is important to note that the State Department has granted Consular Officers discretion to waive the in person interviews for individuals who meet the above criteria. However, each Consular Post retains discretion with respect to how these waivers can be requested and under what circumstances it will grant interview waivers. As such, eligibility for an interview waiver does not guarantee that one will be granted in any specific case.

March 2025 Visa Bulletin Summary

The Department of State has released the March 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In March 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 March 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 1, 2022, and the Final Action Date for China will remain at November 8, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will advance by six weeks to December 1, 2012 and China will advance by two weeks to May 8, 2020. All other countries will advance by six weeks to May 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by six weeks to February 1, 2013, while China will advance by one month to August 1, 2020. All other countries will remain at December 1, 2022.

In the fourth preference category EB-4, Minister and Non-Minister Religious Workers Program is set to expire on March 14, 2025. If Congress doesn't take any action to extend the dates beyond that date, the category will become “unavailable” after midnight on March 13. The Final Action Dates for all other EB-4 will retrogress by nearly a year and a half to August 1, 2019 for all countries. 

With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at January 1, 2022, while China will remain at July 15, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

Fifth Circuit Court Rules Against DACA, But Allows Renewals To Continue

On January 17, 2025 the Fifth Circuit Court of Appeals partially upheld a Texas District Court ruling that the Deferred Action for Childhood Arrivals (DACA) is illegal, enjoining the parts of the DACA program that provide work authorization and lawful status, but limiting the injunction to DACA recipients residing in Texas and allowing DACA renewals to continue for residents in all 50 states pending further appeal. 

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