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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FY2026 H-1B Cap Registration Will Open March 7 At Noon

USCIS announced that the initial registration period for the FY2026 H-1B cap will open at noon ET on March 7, 2025 and run through noon ET on March 24, 2025. During this period, employers (or their legal representatives) may complete an online registration in which they provide initial eligibility information about the petitioning company and each employee they wish to sponsor. The H-1B cap registration filing fee will increase from $10 to $215 per beneficiary for the FY2026 H-1B cap.

Once the registration period is complete, USCIS will run the H-1B lottery using a beneficiary-centric selection system, meaning one that selects unique beneficiaries rather than individual employer registrations. USCIS intends to notify employers and representatives of selected beneficiaries by March 31. Only those cases selected through the electronic registration process will be eligible to file H-1B cap-subject petitions. 

Please note that the above is for informational purposes and does not constitute legal advice. For specific questions about how the FY2026 H-1B Cap may apply to your circumstances, please contact your team at D&S.

D&S Immigration Update: Trump Administration Ends Temporary Protected (TPS) Designation for Venezuelans

On January 28, 2025, The Department of Homeland Security (DHS) vacated the Biden Administration’s recent redesignation of the 2023 Temporary Protected Status (TPS) designation for Venezuela through October 2, 2026. This will result in the expiration of the 2023 TPS protections reverting back to the prior expiration date of April 2, 2025. Following the vacatur, DHS then took the necessary steps to formally terminate the program on February 3, 2025, when it released an advance copy of a notice to terminate the 2023 TPS designation for Venezuelan nationals. The notice is expected to be published February 5, 2025, and will become effective 60 days after publication, terminating work authorization and deportation protections for recipients of the 2023 TPS designation for Venezuela as of that date. 

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D&S Adjudication Alert: I-140 Adjudications Not Receiving Premium Processing

The immigration bar has noted a trend with the adjudication of certain I-140 petitions filed with premium processing service. It appears that the United States Citizenship and Immigration Service (USCIS) has been unable to meet premium processing deadlines on a large number of EB-1(a), (c) and EB-2 NIW I-140 petitions filed since December 2024. Individuals who intend to file such petitions with premium processing should expect the expedited timeline may not be honored by USCIS (in which case, a refund of the premium processing fee should occur, though USCIS will not issue the refund until case adjudication is completed).

D&S is continuing to monitor this developing adjudication trend and will provide updates as they become available.

Laken Riley Act

Today, President Trump signed the Laken Riley Act into law. The Act drastically expands grounds for expedited removal and significantly expands the scope of mandatory detention for certain noncitizens who are both arrested for or convicted of certain non-violent property related crimes as well as assault of law enforcement. Another notable feature of the Act that could have implications for employment based immigration is that the Act grants State Attorneys General and other state officials standing to sue the federal government in district court for failure to enforce certain provisions of the Immigration and Nationality Act (INA). We outline each of the main provisions of the act below.

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D&S Immigration Update: International Travel and U.S. Immigration Under Trump 2.0

While overt travel bans like those we saw during the first Trump Administration (Trump 1.0) have not yet been implemented, we anticipate they could be introduced in the coming months. However, even prior to any actual bans, travel will continue to carry some inherent risk, which might be heightened based on one’s individual circumstances. The increased risk stems largely from the significant restrictions and increased scrutiny that travelers will be subject to at U.S. consulates and ports of entry based on the President’s directives requiring enhanced vetting and screening of all noncitizens seeking entry to the United States across agencies including the United States Citizenship and Immigration Service (USCIS), Customs and Border Protection (CBP), and the Department of State (DOS).

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Trump Administration's Day 1 Executive Orders: Summary of Immigration Implications

What’s Happening

On January 20, 2025, President Trump signed numerous executive orders (EOs), including several pertaining to or impacting immigration. The content and anti-immigrant sentiment of most of these EO’s were not unexpected. While they largely focussed on border enforcement, undocumented immigrants, and humanitarian immigration, the President’s Day 1 EOs also have potential implications for foreign nationals seeking entry to the United States, birthright citizenship, and other policies affecting noncitizens more broadly. 

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State Department February 2025 Visa Bulletin Summary

The Department of State has released the February 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In February 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 February 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 remain at October 1, 2012 and China will remain at April 22, 2020. All other countries will remain at April 1, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by two weeks to December 15, 2012, while China will advance by one month to July 1, 2020. All other countries will remain at December 1, 2022.

The Final Action Dates for all EB-4 will remain at January 1, 2021 for all countries. In addition, 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.

Immigration Agencies Announce Regulatory Priorities and Timelines

USCIS released its regulatory agenda for the coming months, which included plans to publish a final rule that would implement the second phase of the H-1B modernization plan initiated last year, among other immigration agency rulemaking priorities and timelines for the coming months. While the regulatory agenda reveals the Biden Administration’s agency priorities, the normal rulemaking process takes at least several months, and following the administration change on January 20, 2025, federal agencies under the new administration may decline to pursue proposed rules, suspend implementation of newly issued final rules, or even seek to vacate rules. While the implementation and lasting power of rules included in the Biden Administration’s plans are uncertain, some of these plans may remain on course, especially where they align with the incoming administration’s interests.

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Remainder of DHS H-1B Modernization Rule to Take Effect on January 17, 2024

The U.S. Department of Homeland Security (DHS) has introduced a final regulation that contains significant changes to the H-1B visa program, which governs the entry of foreign specialty workers into the U.S. The overhaul, aimed at modernizing and improving the program, was first proposed in October 2023, with portions already in effect since March 2024. 

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DHS Permanently Increases Automatic Extension for Certain EAD Renewal Applicants

The Department of Homeland Security (DHS) will make permanent the automatic work authorization extension of up to 540 days for certain applicants renewing their Employment Authorization Document (EAD). Previously, this extension was temporary, first increased from 180 days to 540 days in May 2022 for renewal applications filed before October 26, 2023, and then extended again for applications filed before September 30, 2025. A new regulation, set to be published on December 13, 2024, and effective January 13, 2025, will make the 540-day extension permanent for eligible EAD renewal applicants. This is a positive step, as codifying the extension into regulations will make it harder for future administrations to reduce it. Without this increased automatic extension, delays in EAD processing could increase the risk of gaps in employment authorization for pending EAD extensions.

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January 2025 Visa Bulletin Summary

The Department of State has released the January 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In January 2025, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in January 2025, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing 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 two months to October 1, 2012 and China will advance by one month to April 22, 2020. All other countries will advance by two weeks to April 1, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by three weeks to December 1, 2012, while China will advance by two months to June 1, 2020. All other countries will advance by two weeks to December 1, 2022.

In the fourth preference category EB-4, Minister and Non-Minister Religious Workers Program is set to expire on December 20, 2024. If Congress doesn't take any action to extend the dates beyond that date, the category will become “unavailable” after midnight on December 19. The Final Action Dates for all other EB-4 will remain at January 1, 2021 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.

We note again that USCIS will accept adjustment of status applications under the Dates for Filing chart in January 2025. In order to be eligible to file an employment-based adjustment of status application, foreign nationals must have a priority date that is earlier than the Dates for Filing listed below:

EB-1  

China: January 1, 2023

India: April 15, 2021

All Other Countries: Current

EB-2  

China: October 1, 2020

India: January 1, 2013

All Other Countries: August 1, 2023

EB-3 Professionals and Skilled Workers  

China: November 15, 2020

India: June 8, 2013

All Other Countries: March 1, 2023

EB-3 Other Workers  

China: January 1, 2018

India: June 8, 2013

All Other Countries: May 22, 2021

EB-4

All Countries: February 1, 2021

EB-5 Unreserved (Regional Center and Non-Regional Center)

China: October 1, 2016

India: April 1, 2022

All Other Countries: Current

EB-5 Set-Asides

Rural: Current for all countries

High Unemployment: Current for all countries

Infrastructure: Current for all countries










USCIS Now Requires Form I-693 to Be Submitted with Form I-485 for Certain Applicants

USCIS now requires certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, at the same time. If this form is not included, the Form I-485 may be rejected.

Applicants must undergo an immigration medical examination by a USCIS Civil Surgeon and show they have received all required vaccinations. The completed Form I-693 must demonstrate that the applicant is free from health conditions that could make them inadmissible to the U.S. due to health issues.

Previously, applicants could submit Form I-693 in response to a Request for Evidence (RFE) or at their immigration interview. Under the new rule, Form I-693 must be submitted with Form I-485 to streamline the review process and reduce RFEs.

State Department December 2024 Visa Bulletin Summary

The Department of State has released the December 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In December 2024, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in December 2024, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

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Trump Administration Actions on Business Immigration - What We Know

What’s Happening

There is currently no concrete information available regarding what the Trump Administration’s agenda will actually look like as it relates to business immigration during his second term. However, based on his actions during his prior administration, as well as statements made by him and his advisors, we are able to speculate on some of the potential impacts the change in administration may have on employment based immigration.

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State Department November 2024 Visa Bulletin Summary

The Department of State has released the November 2024 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In November 2024, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing Employment-Based Preference chart. To be eligible to file an adjustment of status application in November 2024, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing 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 remain at July 15, 2012 and China will remain at March 22, 2020. All other countries will remain at March 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will remain at November 1, 2012, while China will remain at April 1, 2020. All other countries will remain at November 15, 2020.

The Final Action Dates for all EB-4 will remain at January 1, 2021 for all countries. In addition, 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.

We note again that USCIS will accept adjustment of status applications under the Dates for Filing chart in November 2024. In order to be eligible to file an employment-based adjustment of status application, foreign nationals must have a priority date that is earlier than the Dates for Filing listed below:

EB-1  

China: January 1, 2023

India: April 15, 2021

All Other Countries: Current

EB-2  

China: October 1, 2020

India: January 1, 2013

All Other Countries: August 1, 2023

EB-3 Professionals and Skilled Workers  

China: November 15, 2020

India: June 8, 2013

All Other Countries: March 1, 2023

EB-3 Other Workers  

China: January 1, 2018

India: June 8, 2013

All Other Countries: May 22, 2021

EB-4

All Countries: February 1, 2021

EB-5 Unreserved (Regional Center and Non-Regional Center)

China: October 1, 2016

India: April 1, 2022

All Other Countries: Current

EB-5 Set-Asides

Rural: Current for all countries

High Unemployment: Current for all countries

Infrastructure: Current for all countries