Presidential Proclamation Banning Travel for Nationals from Certain Countries

On June 4, 2025, President Trump issued the Proclamation, Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats. It orders suspension of entry for nonimmigrant visa holders and immigrant visa holders from Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. Nationals from these countries are fully restricted from entry, with certain exceptions (noted below).

The Proclamation also orders a partial suspension of entry for nationals from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. The partial restrictions are defined as a ban on entry for immigrant visa holders and nonimmigrant visa holders on B, F, M, and J visas (with certain exceptions). Consular officers are directed to limit the validity of other nonimmigrant visas—presumably to the minimum allowed under the reciprocity schedule.

Egypt is flagged for potential addition to the above lists.

Although the Proclamation uses the term “national,” it says that dual nationals traveling on passport or applying for a visa from a non-banned country are exempt from the ban. Other exemptions are listed for immediate relatives who can prove a familial relationship (via DNA), World Cup and Olympic athletes, and certain government officials, among others. As with prior bans, a national interest exemption is available on a case-by-case basis.  

The ban is prospective: it only applies to foreign nationals of the designated countries who (i) are outside the United States on the applicable effective date of the proclamation, and (ii) do not have a valid visa on the applicable effective date of the proclamation. Valid visas already issued will not be revoked under the ban. 

The ban takes effect on 12:01AM Eastern time on June 9, 2025 and will be reviewed in 90 days, and every 180 days thereafter. Litigation will most certainly ensue and may modify the above over time.  

President Trump also issued a second Proclamation, Enhancing National Security by Addressing Risks at Harvard University, suspending entry for Harvard University students (F, M, J visas) and providing for possible revocation of visas for existing visa holders. The Proclamation also provides for exemptions in the national interest.  

JSPBC is monitoring developments. Further resources will be posted as we learn more.

 © Jewell Stewart Pratt Beckerson & Carr PC 2025

Navigating Student Visas: Changes and Challenges

The landscape of student visas in the United States is undergoing significant change, posing challenges for students, universities, and businesses involved in the immigration process. We are closely monitoring these developments to provide informed guidance to our clients. This blog post explores recent changes, including enhanced vetting processes, SEVIS cancellations, and policy shifts targeting specific demographic groups.

Enhanced Vetting Processes – Harvard Pilot

Recent reports indicate that the Department of State (DOS) is implementing enhanced vetting measures for nonimmigrant visa applicants, with a particular focus on individuals traveling to Harvard University. This initiative, known as the Harvard Enhanced Vetting Pilot Program, aims to scrutinize all visa applicants (not only students) associated with the university. This pilot program may be expanded to other universities and categories over time.

The enhanced vetting process includes a comprehensive review of applicants’ online presence, including social media activity. The lack of an online presence or private social media accounts could raise red flags for consular officers, potentially leading to visa refusals under INA 214(b). Further details can be found in the original Politico report.

Targeting Chinese Students and Other Visa Applicants

On May 28, 2025, Secretary of State Marco Rubio announced new visa policies aimed at Chinese students, particularly those with ties to the Chinese Communist Party or those studying in so-called “critical fields.” The statement also announces an intent to “enhance scrutiny of all future visa applications from the People’s Republic of China and Hong Kong” (our emphasis). This shift is part of a broader strategy to scrutinize the visa applications of those from China and Hong Kong more closely, as reported by various news outlets. These measures, along with a new visa restriction policy targeting foreign nationals involved in censorship, have raised concerns about potential discrimination generally and its impact on academic collaboration more specifically.

Visa Appointments for F, M, and J Visa Holders

Politico reported that F, M, and J visa appointments are being limited while DOS expands and implements social media vetting processes. This directive has resulted in reduced appointment availability. Consequently, students may experience delays in visa processing due to administrative reviews, emphasizing the need for careful preparation and timely application submissions. Further guidance is expected soon.

Revocations of Student Visas

In light of past instances of student visa revocations, it is crucial for international students to remain vigilant and proactive in managing their visa status. Visa revocations can occur for a variety of reasons, including perceived discrepancies in the student's activities or failure to comply with visa conditions. Ordinarily, a visa revocation does not affect the student's underlying status; however, many recent student visa revocations have taken immediate effect rather than upon departure, rendering the student immediately removable from the United States.

This situation is developing and underscores the need for students to stay informed. Students should regularly communicate with their school's DSOs to ensure that their records are up to date and to seek guidance on maintaining compliance with visa regulations. Additionally, students should be aware that any official notification of a visa revocation will be sent to the email address provided on their DS-160 visa application form. It is essential to monitor this email account closely to promptly address any issues that may arise.

SEVIS Cancellations and Unemployment

Finally, an issue of continuing importance for international students is the effect of unemployment during Optional Practical Training (OPT) work authorization. Under current rules, students on F-1 visas may accrue a maximum of 90 days of unemployment during Post-Completion OPT or a maximum of 150 days of unemployment during combined Post-Completion OPT and STEM OPT. Exceeding this limit results in the automatic termination of the student’s SEVIS record, which can have severe implications for the student’s legal status in the United States.

A common related issue is a student’s failure to report employment to their Designated School Official (DSO). This oversight can result in the student's SEVIS record being inaccurately maintained, potentially leading to unintended revocations of legal status. Students must ensure timely and accurate reporting of their employment to avoid such complications. For more on SEVIS policies, visit the U.S. Immigration and Customs Enforcement website.

Disclaimer: This post is provided for information only.

© Jewell Stewart Pratt Beckerson & Carr PC 2025

Four JSPBC Lawyers Recognized by Who’s Who Legal in Corporate Immigration for 2025

Jewell Stewart Pratt Beckerson & Carr is pleased to announce that lawyers Claire Pratt, James Mayock, Phyllis Jewell (ret.), and Wendy Stewart (ret.) have been selected by Who’s Who Legal (“WWL”) in Corporate Immigration for 2025. Claire has additionally been recognized in the Client Choice category and is ranked as a “Global Elite Thought Leader,” a top 5% ranking. James has additionally been ranked as “Thought Leader.”

Nominees for WWL are selected based upon a comprehensive, independent survey of both general counsel and private practice lawyers worldwide. Only specialists who have met stringent independent research criteria are listed. The publication features leading corporate immigration attorneys who come highly regarded for their experience in assisting corporate entities navigate the increasingly complex regulatory environments in jurisdictions around the world through sophisticated immigration planning and counseling advice.

Congratulations to Claire, James, Phyllis, and Wendy!

© Jewell Stewart Pratt Beckerson & Carr PC 2025

Registration & Address Change Requirements

The Alien Registration Requirement regulation (including Address Change requirements) went into effect on April 11, 2025 (with a 30-day deadline to comply) and carries stiff penalties for non-compliance, including the possibility of criminal prosecution and removal from the United States. The rule is currently being litigated, and if successful may be enjoined by a court.

Unless and until that time, all non-citizens must:

  • File address changes with USCIS within 10 days of a move.  https://www.uscis.gov/addresschange

  • Ensure that minor children turning 14 years of age register and carry proof of registration. 

DISCLAIMER:  This information is not intended as legal advice in any specific case. The facts of a specific case may render the information inapplicable.

U.S. Immigration & Travel Updates - April 2025

Last updated: April 11, 2025

Disclaimer: Any foreign national considering international travel should have an attorney review the circumstances of their case before making plans.

Following is a list of recent immigration and/or travel updates:

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart Pratt Beckerson & Carr PC 2025

H-1B "cap" reached in 2025 (FY 2026)

On March 31, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory H-1B visa “cap” for fiscal year (FY) 2026. The announcement states:

“[USCIS] has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2026 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). We have randomly selected enough beneficiaries with properly submitted registrations projected as needed to reach the H-1B cap and have notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries.

Registrants’ online accounts will display a registration status. For more information, visit the H-1B Electronic Registration Process page.

H-1B cap-subject petitions for FY 2026, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2025, if filed for a selected beneficiary and based on a valid registration. Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2026.

An H-1B cap-subject petition must be properly filed at the correct filing location or online at my.uscis.gov and within the filing period indicated on the relevant selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners must include a copy of the applicable selection notice with the FY 2026 H-1B cap-subject petition.”

In some prior years additional selection processes took place in the summer and fall to make unused H-1B visas available. USCIS has not yet announced whether and when an additional selection might take place in 2025 (FY 2026).

© Jewell Stewart Pratt Beckerson & Carr PC 2025

U.S. Immigration & Travel Updates - March 2025

Last updated: March 17, 2025

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case before making firm plans.

Following is a list of recent immigration and/or travel updates:

  • On March 6, 2025, Reuters reported that a travel ban for nationals of Afghanistan and Pakistan (and possibly other countries) is imminent. On March 14, the New York Times published an expanded potential list, with three categories of “banned” nations. It is not yet known whether the bans will apply to only visa holders, or if they will apply to permanent residents (green card holders).  However, in the previous Trump administration, the bans initially targeted all foreign nationals.  Presumably the ban will be enforced at U.S. Ports of Entry (i.e., a "travel ban") vs. a visa issuance ban; however details are not yet available on this point either.  The bans could take effect at any time, possibly Friday, March 21 which would be 60 days following the January 20, 2025 review ordered by an Executive Order mandating a vetting and screening security analysis.

    • Red: All travel banned - Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, Yemen

    • Orange: Visas sharply restricted - Belarus, Eritrea, Haiti, Laos, Myanmar, Pakistan, Russia, Sierra Leone, South Sudan, Turkmenistan

    • Yellow: 60 days to address concerns - Angola, Antigua and Barbuda, Benin, Burkina Faso, Cambodia, Cameroon, Cape Verde, Chad, Republic of Congo, Democratic Republic of Congo, Dominica, Equatorial Guinea, Gambia, Liberia, Malawi, Mali, Mauritania, St. Kitts and Nevis, St. Lucia, São Tomé and Príncipe, Vanuatu, Zimbabwe.

  • On February 28, 2025, USCIS announced a new policy regarding instituting removal proceedings for applicants who are denied certain benefits applications. According to the policy, USCIS will issue a Notice to Appear (“NTA”, a charging document instituting removal/deportation proceedings) if an applicant is not in status when a benefit request is denied.

  • On February 25, 2025, USCIS announced an “Alien Registration Requirement” mandating registration with the U.S. government for certain individuals. An Interim Final Regulation is due to be published on March 12. An advance copy of the rule is available in the Federal Register.

Refer to our January 2025 post here for previous updates: https://www.jspvisa.com/blog/2025/january2025travelupdates.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart Pratt Beckerson & Carr PC 2025

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Update on Visa Interview Waivers

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On February 18, 2025, the Department of State (DOS) announced an updated visa interview waiver policy, which took effect sometime in the last week. 

Previously, visa interviews were waived for nonimmigrant visa applicants applying for any nonimmigrant visa classification who were previously issued a nonimmigrant visa in any classification (other than B) and were applying within 48 months of their most recent nonimmigrant visa’s expiration date.

Now, other than certain diplomatic visas, visa interviews may only be waived for applicants who previously held a visa in the same category that expired less than 12 months prior to the new application.

 Additional applicant criteria include:

  • Application is in their country of nationality or residence (physical presence is required).

  • Applicant has never been refused a visa (unless such refusal was overcome or waived).

  • Applicant has no apparent or potential ineligibility.

Even if an interview is waived, applicants must complete all other application steps such as completing a DS-160, paying the visa application fee, completing the steps on the relevant Embassy or Consulate’s visa appointment service website, and couriering the relevant documents as required.  Applicants are also reminded that in-person interviews may still be required on a case-by-case basis or in light of local conditions. 

 © Jewell Stewart Pratt Beckerson & Carr PC 2025

H-1B "cap" registration dates announced for 2025 (FY 2026)

On February 5, 2025, USCIS announced the dates for the upcoming H-1B cap registration window and selection process. Selection will be via random lottery, as in prior years.

In its announcement USCIS stated that the registration period will open at 9:00am PT / 12:00pm ET on March 7, 2025 and will close at 9:00am PT / 12:00pm ET on March 24, 2025. The random lottery will be conducted following the close of the registration period, and account holders will be notified of selected registrations by March 31, 2025.

The registration fee has been increased from $10 to $215 for the FY2026 H-1B cap. This year’s cap will use the beneficiary-centric selection process launched in FY 2025 in which registrations are selected by unique beneficiary, rather than by registration.

© Jewell Stewart Pratt Beckerson & Carr PC 2025

Updated USCIS Guidance on O-1 Extraordinary Ability Visa Category

Effective January 8, 2025, U.S. Citizenship and Immigration Services (USCIS) published an update to its Policy Manual, providing clarity and consolidation of existing policy on how USCIS evaluates evidence for O-1 eligibility. These Policy Manual updates provide helpful clarity for founders and/or entrepreneurs to potentially demonstrate that they meet various O-1 criteria. 

Highlights of the updated guidance include the following items:

  • Clarifies that although O beneficiaries may not petition for themselves, a separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may file a petition on behalf of the beneficiary.

  • Provides examples of acceptable evidence to prove an individual works in a critical or emerging technology area (including AI).

  • Provides guidance on occupational transitions, such as a STEM professor transitioning to a researcher position for a private company, or an engineer transitioning to a leadership position for a tech startup. These types of transitions can result in tricky cases, as it must be shown that the prospective work is within the beneficiary’s “area of extraordinary ability.” USCIS interprets the phrase “area of extraordinary ability” broadly, such that it can include multiple occupations involving shared skillsets, knowledge, and/or expertise, to the extend they are considered within the same “area of extraordinary ability.” The guidance provides a list of relevant factors to consider, including, but not limited to the following items:

    • whether the past and prospective occupations are in the same industry or are otherwise related based on shared duties or expertise;

    • whether the prospective occupation is a supervisory, management, or other leadership position that oversees the beneficiary’s previous position, or otherwise requires shared knowledge, skills, or expertise; and

    • whether it is common for persons in one occupation to transition to the other occupation based on their experience and knowledge. 

  • Clarifies the circumstances under which USCIS limits an extension of stay to one year and when USCIS may grant a longer extension, up to three years. When evidence shows the beneficiary will engage in a new event or activity, USCIS may grant an extension of stay for a period determined to be necessary to accomplish the new event/activity, but not to exceed three years. The guidance provides an example in which a researcher’s work involves a different phase or trial for the same research project. Such work would count as a new project and the employer could request a three-year extension.

  • Provides guidance on the types of supporting documentation acceptable to meet the regulatory criteria.  Some of the most noteworthy points for entrepreneurs and startups under the O-1A guidance confirm the following:

    • To meet the “command-a-high salary” criterion, a startup founder or entrepreneur may present evidence that the business has received significant funding. Such evidence can be used to evaluate the credibility of submitted contracts, job offer letters, or other evidence of prospective salary or renumeration for services.

    • Meeting the “critical or essential role” criterion requires a showing that the beneficiary works for a “distinguished” company or organization. The guidance lists several factors that can be helpful for evaluating the reputation of startups, including the scale of its customer base, media base, and longevity. Also, USCIS will consider the amount of funding received from government entities, venture capitalists, and other funding sources.

    • For a beneficiary in the early stage of their career, it can be proven that they meet the “critical or essential role” criterion by proving they are a contributor of intellectual property to a startup business that has a distinguished reputation. Also, for a beneficiary in a supporting role rather than a leadership role, USCIS considers factors such as whether the beneficiary’s performance is integral or important to the organization’s goals or activities, especially in relation to others in similar positions within the organization.

    • Also relevant to meeting the “critical or essential role” criterion:  A letter, or other documentation from an interested government agency (including a quasi-governmental entity) can serve as valuable evidence if it demonstrates the agency funds the beneficiary or the work in which the beneficiary plays a critical or essential role.

  • Lastly, the Policy Manual update added a new item to the list of documents that could serve as relevant evidence for meeting the “totality of evidence” requirement, in which it is determined whether the beneficiary is among the small percentage at the top of the field and that the beneficiary has sustained national or international acclaim. The new item entails a letter or other documentation from an interested government agency, including a quasi-governmental entity, that attests in detail to the beneficiary’s sustained national or international acclaim.

© Jewell Stewart Pratt Beckerson & Carr PC 2025