U.S. Immigration & Travel Updates - April 2025

Last updated: April 9, 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:

• As of this writing, the widely-reported potential travel bans are not yet in place. No list of countries or timeline for implementation have been announced by the administration.

• On April 5, 2025, Secretary Rubio announced visa and travel restrictions for South Sudanese passport holders.

• There are widespread reports of student visa cancellations and/or revocations, including some graduates working on OPT. Affected students should seek counsel immediately.

• Unless enjoined by a court, the Alien Registration Requirement (including Address Change requirements) will go into effect on April 11, 2025.

• USCIS announced that it will screen social media of benefits applicants.

• Update on investor “green card” options - EB-5 and the “Gold Card.”

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

Update on Visa Interview Waivers

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

U.S. Immigration & Travel Updates - January 2025

Last updated: March 17, 2025

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

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

• Review initial Executive Orders issued by the new administration on this post.

• As of January 22, 2024, the COVID-19 vaccine is no longer required for medical exams filed with USCIS. On March 11, 2024, the Department of State removed the requirement for immigrant visas as well, following the CDC’s updated guidance to panel physicians.

• On January 26, 2025, the U.S. issued a visa issuance ban against select members of the Colombian government officials and their family members and the Embassy has cancelled existing visa appointments and prevented scheduling of new ones. Watch the Embassy website for the latest updates.

• On January 27, 2025, USCIS “paused” the Uniting for Ukraine Program.

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

© Jewell Stewart Pratt Beckerson & Carr PC 2025

Trump Administration’s Initial Executive Orders on Immigration

Updated January 24, 2025

Several Executive Orders (“EOs”) from the Trump administration issued on January 20, 2025 introduce changes that may affect employers and their foreign national employees. This post offers a brief overview of some select EOs’ main points and their potential implications for employment-based immigration. As of this writing, few implementation details are known. As we gain clarity on the implementation of specific policies, we will provide more detailed insights.

 America First Policy Directive to the Secretary of State:  Similar to the “Buy American Hire American” directive of the previous Trump administration, the Secretary of State is directed to put the U.S. and U.S. citizens first in all foreign policy. This will affect visa issuance decisions at consular posts. Applicants should be prepared to explain how their proposed work will benefit the U.S. Similar to the “National Interest Exception” requests required during the COVID travel bans, it may be helpful to reference the critical infrastructure list, as well as describe jobs created for American workers and investments made in the U.S. Additional policies and procedures will be forthcoming on this point.        

America First Trade Policy: “The United States Trade Representative shall commence the public consultation process set out in section 4611(b) of title 19, United States Code, with respect to the United States-Mexico-Canada Agreement (USMCA) in preparation for the July 2026 review of the USMCA.  Additionally, the United States Trade Representative, in consultation with the heads of other relevant executive departments and agencies, shall assess the impact of the USMCA on American workers, farmers, ranchers, service providers, and other businesses and make recommendations regarding the United States’ participation in the agreement.” This review may have an effect on TN occupational categories and visa issuances. 

Protecting the United States from Foreign Terrorists and other National Security and Public Safety Threats:  The Secretary of State, Attorney General, the Secretary of Homeland Security (includes USCIS, CBP), and the Director of National Intelligence, are ordered to identify resources and determine information needed to confirm a foreign national’s identity and that the foreign national is not a national security or public-safety threat. Screening and vetting procedures are to be at a “maximum” level and the agencies are ordered to “re-establish baseline” for visa issuances and “immigration benefits” which likely includes petitions and applications filed not only with the State Department but with USCIS. These procedures may also include additional vetting at application for admission at U.S. ports of entry. A 60-day review of information-sharing from other countries is ordered, setting the groundwork for possible travel bans for nationals of countries that don’t share enough information. There is also a potential look-back at foreign nationals who have been admitted to the U.S. since Jan. 20, 2021, when President Biden took office. Finally, the EO orders a review of Foreign Affairs Manual, which is the set of regulations governing how the posts issue visas, among other things, and in particular the inadmissibility (criminal and related) grounds in the manual.   

Initial Recissions of Harmful Executive Orders and Actions:  This EO rescinds many of President Biden’s EOs, and may affect prior directives related to streamlining visa processing, including doing away with visa interview waivers and potentially scrapping a long-planned and already successfully piloted stateside visa renewal program as well as potentially stopping the re-use of biometrics, among other things. On January 23, the Trump administration issued another EO revoking a Biden EO related to AI, which contained several policies related to O-1, EB-1, EB-2, and entrepreneur parole visa options for foreign nationals with AI expertise.

Protecting the Meaning and Value of American Citizenship:  “It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons:  (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.” Note that this could affect children born to nonimmigrant visa holders. An ACLU lawsuit has already been filed to challenge this policy. On January 23, 2025, a federal judge blocked this policy.

Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government:  “The Secretaries of State and Homeland Security . . . shall implement changes to require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder’s sex.” 

Two final EOs that potentially implicate case processing times and visa interview and adjustment or status or naturalization appointment availability include the Return to In-Person Work and Hiring Freeze EOs.   

© Jewell Stewart Pratt Beckerson & Carr PC 2025 

Romania Becomes the 43rd Member of the Visa Waiver Program

On January 10, 2025, the Department of Homeland Security designated Romania as the 43rd member of the Visa Waiver Program (VWP). Starting on or around March 31, 2025, citizens and nationals of Romania will be able to apply through the Electronic System for Travel Authorization (ESTA) to travel to the United States for tourism or business purposes for up to 90 days without first obtaining a U.S. visa.

Citizens of countries participating in the Visa Waiver Program (VWP) may travel to the U.S. as visitors for business or pleasure without first obtaining a visitor’s (B-1 or B-2) visa from a U.S. Consulate. In return, U.S. citizens may enter member countries under the same conditions.  

Eligible travelers must apply online for authorization to travel to the United States through the Electronic System for Travel Authorization (ESTA). VWP travelers are not permitted to board a carrier to travel to the U.S. by air or sea unless they have ESTA clearance (these authorizations are generally valid for two years).  VWP admittees may enter for periods of up to 90 days, provided that they are eligible for admission under applicable law.

There are now 43 VWP countries:

Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, Qatar, Romania, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, United Kingdom.

U.S. Customs and Border Protection anticipates the ESTA online application will be updated on or around March 31, 2025.  Once launched, eligible Romanian passport holders with ESTA clearance will be able to visit the United States without visas.

© Jewell Stewart Pratt Beckerson & Carr PC 2025