Visa Lawyer Blog

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south-sudan-1758979_1280On November 5th the Department of Homeland Security (DHS) announced that the country‑specific designation of South Sudan will be terminated for the Temporary Protected Status (TPS) program. The TPS designation for South Sudan will end on January 5, 2026.

What’s the background?

  • South Sudan was first designated for TPS in 2011 due to ongoing armed conflict and extraordinary temporary conditions in the country.
  • The designation was extended multiple times, including a six‑month extension from May 2025 through November 2025, because DHS was unable to make a timely determination by the statutory deadline.
  • In its termination decision, DHS determined that South Sudan “no longer continues to meet the conditions” for TPS under the statute.

Who is affected?

Nationals of South Sudan (and certain stateless individuals who last habitually resided in South Sudan) who currently hold TPS under that country’s designation. After January 5, 2026, they will no longer have TPS status.

What’s the timeline and transition?

  • Until January 5, 2026: The termination becomes effective then.
  • During the transition period, certain employment authorization documents (EADs) issued under the South Sudan TPS designation remain valid through that date.

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payment-terminal-6400998_1280On August 29, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a major update to how filing fees for USCIS forms are paid.

Starting October 28, 2025, all payments must be made electronically through ACH bank transfer from a U.S. bank account or with credit/debit cards. Paper checks and money orders will no longer be accepted.

Payment Methods

  • USCIS offers ACH (electronic debit) payments, allowing applicants and petitioners to authorize fees directly from a U.S. bank account using Form G‑1650 Authorization for ACH Transactions.
  • Applicants can also make payments with a credit or debit card using Form G‑1450—Authorization for Credit Card Transactions.

Applicants should confirm that the bank account or card used has sufficient funds to avoid rejected filings.

Why the Change

This initiative supports Executive Order 14247, “Modernizing Payments to and from America’s Bank Account,” which seeks to streamline the processing of checks and money orders, reduce staff workload, and minimize risks related to fraud, lost payments, and theft.

USCIS spokesman Matthew J. Tragesser, cited in the agency’s press release, stated, “Over 90% of our payments come from checks and money orders, causing processing delays and increasing the risk of fraud and lost payments.”

For additional guidance on making a payment for USCIS filing fees, please reach out to your caseworker or an attorney at the Law Offices of Jacob Sapochnick.

To learn more about this announcement, please click here.

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hiring-1977803_1280On October 29, 2025, the Department of Homeland Security (DHS) announced an interim final rule that will end the automatic extension of employment authorization documents (EADs) for most renewal applicants effective October 30, 2025.

In this post, we’ll unpack what’s changing, who it affects, the rationale behind the change, and what individuals and employers should do to prepare.

What was the previous policy?

Historically, noncitizens who held valid EADs (Form I-766) and timely filed a renewal application (Form I-765) before their current EAD expired often automatically received continued employment authorization while the renewal was pending. This “automatic extension” policy served as a buffer to prevent employment gaps.

These policies helped many workers avoid a lapse in authorization while waiting for processing of their renewal application.

What is changing now?

Starting October 30, 2025, the automatic extension of work authorization for most renewal applicants will end.

What to know

  • If you file your I-765 renewal on or after October 30, 2025, you will not receive an automatic extension of your EAD for most categories.
  • The rule affects many categories of renewal applicants, including (but not necessarily limited to) those applying under asylum, adjustment of status, H-4 dependent spouses (EAD category C26), etc.
  • Automatic extensions that were already granted (for renewal applications filed before the cut-off) remain valid.
  • Some limited exceptions remain, notably for certain categories such as those tied to TPS (Temporary Protected Status) where automatic extension may still be provided by law or Federal Register notice.

In short, you will not be authorized to keep working simply because you filed a renewal — you must wait for the new EAD to be approved by USCIS.

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payment-terminal-6400952_1280On September 19, 2025, the President issued a Proclamation on the Restriction on Entry of Certain Nonimmigrant Workers, requiring any new H-1B petitions to include an additional $100,000 payment as a condition for eligibility.

Following the President’s announcement, USCIS released clarification on the new fee requirement, specifying that the surcharge only applies to new H-1B petitions filed on or after 12:01 a.m. EDT on September 21, 2025. The fee is triggered only when the foreign national beneficiary is outside the United States at the time the petition is filed, and the petition requires visa issuance at a U.S. or port of entry notification.

Importantly, the USCIS guidance also clarifies who is exempt from the surcharge. For example, H-1B petitions filed before the effective date are not subject to the fee. Additionally, individuals already in H-1B status in the U.S.—such as those seeking extensions, amendments, or a change of employer—are not required to pay the surcharge under the current guidance. The responsibility for paying the fee rests with the petitioner (employer), and proof of payment must be included with the petition at the time of filing. USCIS instructs employers to submit the required fee using pay.gov, following the payment instructions.  

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arrow-1238788_1280The U.S. Department of Homeland Security (DHS) has introduced a new $1,000 immigration parole fee for most individuals granted parole into the country, effective October 16, 2025.

Announced by DHS and USCIS under the H.R. 1 legislation, the fee applies at the time parole is granted, even if the application was filed before the rule took effect. Only a few narrow exceptions are available such as for those applying for green cards returning after temporary travel abroad and those facing medical emergencies.

Officials say the policy aims to curb “rampant abuse” of the parole system and ensure the government recovers administrative costs. It also comes alongside broader fee increases for other immigration benefits, including work permits for parolees and asylum seekers.

This marks a major shift in how parole is handled, making the process more restrictive and costly.

Applicants will now face higher financial barriers, and exceptions will be tightly limited, signaling a tougher stance on parole admissions going forward.

Starting October 16, 2025, if your parole or re-parole request is approved and requires the immigration parole fee, you will receive a notice with payment instructions and a deadline.

The fee must be paid in full and on time before your request can be approved. Parole will not be granted if the payment is not completed as instructed by USCIS.

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a-plastic-card-1647376_1280U.S. Citizenship and Immigration Services (USCIS) has announced that, effective October 28, it will no longer accept checks or money orders for payment of filing fees, ending the previously permitted payment methods.

What Payment Methods Are Now Accepted?

Payment by ACH Bank Transfer

Starting October 28th USCIS will accept payment of filing fees directly from a U.S. bank account by electronic debit.

To use this payment method, individuals must complete and sign Form G-1650, Authorization for ACH Transactions, and submit it along with their application, petition, or request.

Please note that the bank account must be with a U.S. financial institution, as ACH transactions cannot be processed through foreign banks.

Payment by Credit Card

Alternatively, payment for filing fees can be made using a credit card issued by a U.S. bank, by completing Form G-1450, Authorization for Credit Card Transactions.

Please note that USCIS does not accept credit cards issued by foreign banks.

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ai-generated-9069946_1280The legal immigration landscape was shaken once again late Friday evening when the President issued a new proclamation barring new H-1B workers from entering the United States—unless their employers pay a $100,000 fee for each sponsored employee.

The proclamation took effect at 12:01 a.m. EDT on Sunday, September 21, and will remain in effect until a court order halts its implementation.

Emergency Litigation

A surge of emergency lawsuits is expected to be filed by impacted H-1B workers and their sponsoring employers, seeking a nationwide injunction to stop the implementation of the executive order. A court could issue an injunction as early as Monday. We will provide litigation updates as they develop in the coming days.

Highlights of the Executive Order

  • Effective today September 21, 2025, certain H-1B workers will be denied entry into the United States unless their employer pays a $100,000 fee on their behalf, according to the proclamation signed by President Trump late Friday.
  • Application: The ban on entry and the associated fee requirement applies only to any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025.
  • The proclamation does not apply to:
    • any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.
    • does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.
    • does not prevent any holder of a current H-1B visa from traveling in and out of the United States.
  • Misuse of B Visas: The proclamation warns that individuals with approved H-1B petitions should not misuse B visas to enter the U.S. for jobs that start before October 1, 2026.
  • National Interest Exemptions: The proclamation grants the Department of Homeland Security authority to issue exemptions for individuals, specific employers, or workers in designated industries—if the agency determines that the H-1B employment serves the national interest and poses no threat to U.S. security or public welfare.
  • Termination: Absent a court order, this restriction will remain in effect for 12 months but may be extended based on recommendations from federal immigration agencies. An extension would continue the ban for individuals approved under the FY 2027 H-1B cap.
  • Changes to the Prevailing Wage: Besides restricting H-1B entry, the proclamation directs the Department of Labor to revise prevailing wage levels and prioritize H-1B approvals to high-skilled, high-paid H-1B workers.

In the hours after the proclamation was issued, chaos unfolded as H-1B visa holders, advised by their employers and legal counsel, abandoned flights and canceled international travel due to uncertainty about how the proclamation would be enforced at the U.S. border.

Adding to the uncertainty was the absence of clear guidance from immigration authorities, including the Department of Homeland Security (DHS) and Customs and Border Protection (CBP), about how the proclamation is to be enforced against current H-1B visa holders and approved beneficiaries.

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raul-najera-TAqspfWom04-unsplash-1-scaledOn September 18, 2025, the U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register announcing the implementation of a newly revised civics test for naturalization applicants, known as the 2025 Naturalization Civics Test.

This updated version builds on the 2020 test—and will replace the existing 2008 civics examination for most applicants.

The civics test remains a key component of the naturalization process, intended to evaluate an applicant’s knowledge of U.S. history, government, and civic responsibilities. While the English language portion of the test remains unchanged, the civics section has been updated to improve clarity and educational relevance.

What’s New & What’s the Same

  • The 2025 Civics Test builds off the 2020 version (which had been previously introduced by the Trump administration but not widely used), making modifications in content and procedure.
  • About 75% of the questions come from the 2008 test—some carried over exactly, others reworded or updated to reflect current educational goals. The rest (~25%) are entirely new content. Some 2008 questions were removed altogether.
  • English‑language requirements remain the same. The focus is on updating the civics portion only.

Key Changes in Test Procedure

  • The question bank used is the same 128‑question bank that had been introduced in 2020.
  • Applicants will be asked up to 20 questions and must answer at least 12 correctly to pass.
  • A procedural change: the USCIS officer can stop asking additional questions once the applicant either passes (i.e. reaches 12 correct answers) or fails (i.e. accumulates 9 incorrect answers). This reduces extra, unnecessary questions for both parties.

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Flickr Creative Commons Attribution Jeroen Akkermans

In the last months, the U.S. Department of State released two significant policy updates that impact both immigrant and nonimmigrant visa applicants. These updates focus on a core change: applicants will now be required to have their visa interviews in their place of residence or country of nationality.

This change has significant consequences for third-country nationals who have traditionally applied for U.S. visas outside their country of nationality, particularly those renewing H-1B, E, O, and L visas, as well as immigrant visa applicants outside the United States.

Immigrant Visa Applicants Must Apply in their Country of Residence

On August 28, 2025, the State Department announced that, starting November 1, 2025, immigrant visa applicants must attend their interviews at a U.S. consulate or embassy located in their country of residence, or in their country of nationality, with limited exceptions. The update applies across all immigrant visa categories, including Diversity Visas.

There are exceptions to this rule, though they are limited. Exceptions may be granted in rare cases involving humanitarian or medical emergencies, or in circumstances involving specific foreign policy considerations. Applicants residing in countries where routine U.S. visa services have been suspended or paused will need to process their case at a designated consular post, which is typically assigned by the State Department to handle cases from those particular regions.

Existing appointments for immigrant visa interviews scheduled prior to November 1st will not be cancelled or rescheduled.

Same Policy Applies to Nonimmigrant Visa Applicants

A similar change was later announced on September 6, 2025, for nonimmigrant visa applicants. Effective immediately, nonimmigrant visa applicants must also apply for their visa in their country of residence or nationality. This means that individuals cannot simply choose a different country’s embassy based on convenience or shorter wait times unless they reside there or are citizens of that country. This applies to all third country nationals who previously traveled to embassies or consulates in Mexico or Canada to renew their nonimmigrant visas.

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statue-9782657_1280On Tuesday, August 19th, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance clarifying that immigration officers will assess a range of factors when determining whether to grant a favorable exercise of discretion in the green card process—signaling a tougher stance that may create additional hurdles for applicants seeking approval.

Even where a person has met all eligibility requirements for a green card, officers are required to conduct a discretionary analysis to determine whether an application should be approved. This exercise of discretion involves weighing positive factors against negative ones and considering the totality of the circumstances of each applicant’s case.

Among these factors, immigration officers will need to consider the “[legality of] past requests for parole,” “any involvement in anti-American or terrorist organizations,” and “evidence of antisemitic activity,” which are counted as negative factors weighing against a favorable exercise of discretion.

This guidance is also meant to provide clearer guidance to immigration officers on the “substantial negative discretionary weight” that should be given in cases where an individual has “endorsed, promoted, supported, or otherwise espoused the views of a terrorist organization or group.” This includes those supporting or promoting anti-American sentiments, antisemitic terrorism, terrorist groups with antisemitic agendas, or antisemitic beliefs.

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