Visa Lawyer Blog

Articles Posted in Temporary Visas

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beverly-kimberly-tfiGOGEmJVI-unsplash-scaledOn June 4, 2025, President Trump continued his ongoing assault on Harvard University with a new Executive Order entitled, “Enhancing National Security by Addressing Risks at Harvard University.”

Effective June 4th, the order suspends the entry of all nonimmigrants and exchange visitors bound for Harvard University for a period of 6 months, citing national security concerns over Harvard’s failure to police foreign students and ensure that foreign nationals admitted on student and exchange visitor visas remain in compliance with Federal law.

The executive order also accuses Harvard of having extensive entanglements with foreign adversaries including China.

Who is affected?

All nonimmigrants who enter or attempt to enter the United States to begin attending Harvard University through the Student and Exchange Visitor Program (SEVP) after the effective date of the proclamation (June 4, 2025).

The executive order further empowers the Secretary of State Marco Rubio to consider in his discretion whether foreign nationals who currently attend Harvard University and are in the United States pursuant to F, M, or J visas, should have their visas revoked pursuant to the proclamation.

Who is not affected?

The suspension does not impact Harvard students who are already inside the United States with a valid student visa as of the effective date of the proclamation.

The suspension also does not apply to any alien who enters the United States to attend other universities through the Student and Exchange Visitor Program (SEVP).

It also does not apply to any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designated representatives.

Impact on Harvard Students Currently in the United States

The executive order does not:

  • Restrict change or extension of status applications filed with U.S. Citizenship and Immigration Services (USCIS)
  • Revoke existing visas, I-94, or STEM OPT work authorization status for students currently in the United States

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united-states-8911597_1280After months of speculation and buildup, President Trump’s long-anticipated travel ban has finally arrived.

Issued by executive order on June 4th President Trump’s travel ban entitled “Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” closely mirrors the leaked draft that first surfaced in early March through the New York Times.

That draft hinted at sweeping restrictions targeting so-called “red,” “orange,” and “yellow” countries—coded designations that formed the backbone of President Trump’s proposed directive.

While there are notable differences, as predicted, the administration has framed the ban as a national security measure, but critics argue it remains susceptible to being challenged or overturned through lawsuits that may soon be filed in federal court.

Here’s what you need to know.

President Trump’s travel ban goes into effect today Monday June 9, 2025, at 12:01 am Eastern Daylight time.

Who it Affects

Full Suspension on Nationals from Countries of Concern

The travel ban temporarily suspends the entry of both immigrants and non-immigrants from 12 designated countries who are outside the United States and do not have a valid visa on the effective date of the proclamation, including Afghanistan, Burma, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.

However, several key exceptions apply for lawful permanent residents (LPRs), immediate family members of U.S. citizens, dual nationals, athletes and teams competing in major international sporting events such as the World Cup and the Olympics, and others (a full list of exceptions is provided below).

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engineer-4690505_1280The United States Citizenship and Immigration Services (USCIS) recently released detailed statistics and data regarding the number of beneficiaries selected during the fiscal year 2026 H-1B cap season, highlighting the highly competitive nature of the visa process.

Each year, the H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations, and demand for these visas has consistently gotten tougher throughout the years.

The FY 2026 data shows a significant drop in H-1B registrants, with 126,361 fewer applicants compared to the previous year.

Overview

During the fiscal year 2026 H-1B cap season:

  • USCIS received eligible registrations for 336,153 unique beneficiaries and selected just 118,660 – or approximately 35.3% – of these beneficiaries.
  • The overall number of registrations submitted in FY 2026 decreased dramatically from 470,342 eligible registrations filed last year to just 343,981 eligible registrations filed this year.
  • On average, each beneficiary only had approximately one registration submitted on their behalf.
  • USCIS is not expected to announce a second cap lottery until at least July 2025, after the current H-1B filing period closes.

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ai-generated-9069949_1280On May 12, 2025, Secretary of Homeland Security Kristi Noem announced that the State Department will not renew Temporary Protected Status (TPS) benefits for Afghanistan once the current designation expires on May 20, 2025.

Beneficiaries will be granted a 60-day transition period to make preparations to either depart the United States or seek alternative lawful immigration status in the United States, before Afghanistan’s designation officially terminates on July 14, 2025.

Employment Authorization

Beneficiaries with valid TPS Employment Authorization Documents (EADs) will continue to be authorized to work during the 60-day transition period.

DHS announced the agency will be automatically extending the validity of certain EADs previously issued under the TPS designation of Afghanistan through July 14, 2025.

As proof of continued employment authorization through July 14, 2025, TPS beneficiaries can present an EAD that has the notation A-12 or C-19 under Category and a “Card Expires” date of November 20, 2023, or May 20, 2025.

How We Got Here

Afghanistan was initially designated for TPS during the Biden administration on May 20, 2022. The designation was made based on the Secretary’s determination of ongoing armed conflict and extraordinary conditions in Afghanistan preventing the return of its nationals.

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patty-zavala-TKwGZ9a6YHU-unsplash-scaledThe Department of Homeland Security has announced the implementation of its REAL ID enforcement measures at Transportation Security Administration (TSA) checkpoints nationwide as of May 7th.

Anyone 18 years and older traveling domestically within the United States must have a REAL ID-compliant state-issued driver’s license or another accepted form of identification to board a commercial flight.

According to the agency, 81 percent of travelers are already REAL ID compliant.

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sam-balye-w1FwDvIreZU-unsplash-scaled

Following a wave of lawsuits from international students whose visas and Student and Exchange Visitor Information System (SEVIS) records were terminated without prior notice, the Trump administration has suddenly changed its course.

In recent weeks, U.S. Immigration and Customs Enforcement (ICE) has begun reinstating SEVIS records that were previously terminated, after seemingly recognizing that the government did not go through the appropriate channels to do so.

Over the past month, it is estimated that the State Department and ICE collectively cancelled over 300 F-1 student visas and terminated more than 4,736 SEVIS records primarily due to student encounters with law enforcement, criminal charges that were dismissed, and old misdemeanors pre-dating visa issuance. These SEVIS terminations automatically exposed students to unlawful presence in the United States, and the risk of deportation.

It was further discovered that ICE utilized AI assisted programs to screen the social media posts of F-1 international students and terminated their legal status based on antisemitic activity or alleged support for terrorist organizations such as Hamas and Hezbollah.

In response, students across the country sued the government to preserve their status, leading federal judges to issue a series of emergency orders to stop the government from cancelling visas and SEVIS records.

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student-5473769_1280F-1 International Students at university campuses across the country have been rocked by alarming reports that their visas and SEVIS records have been suddenly terminated by U.S. Immigration and Customs Enforcement (ICE), without any prior notice to the university or the student.

This new wave of SEVIS terminations which began early this month has led to a string of lawsuits filed in federal district court, challenging the legality of the terminations.

School officials became aware of terminated F-1 student records only after conducting checks of the Student & Exchange Visitor Information System (SEVIS) system. The records of those impacted simply state that the visa revocations were due to an immigration status violation.

The following three generic classifications have been provided for the terminations:

  • Termination based on serious adverse foreign policy consequences
  • Student identified in a criminal records check
  • Student identified in criminal check and/or has had their visa revoked

No further details regarding the reason for the terminations have been provided by the government, nor were school officials notified of actions taken.

What is SEVIS?

The Student and Exchange Visitor Information System (SEVIS) is an online system used by the U.S. Department of Homeland Security (DHS) to maintain information on Student and Exchange Visitor Program (SEVP)-certified schools, F-1 and M-1 students who come to the United States to begin a program of student.

Designated school officials use SEVIS to issue Forms I-20 to specific nonimmigrants to obtain F or M status while enrolled at the school and to satisfy their legal responsibilities.

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winner-4443135_1280In this blog post, we bring you an important announcement regarding the H-1B visa fiscal year (FY) 2026 cap season.

Today, March 31st the U.S. Citizenship and Immigration Services (USCIS) announced that it received sufficient electronic registrations during the initial registration period to meet the annual numerical limitations for fiscal year 2026, including for the advanced degree exemption (also known as the master’s cap).

Due to this, the agency has completed the H-1B visa lottery and selected unique beneficiaries at random from the properly submitted electronic registrations to reach the H-1B cap.

As of today, March 31st USCIS has notified all prospective petitioners of their selection via their myUSCIS organizational accounts. Please be aware that only selected beneficiaries are eligible to file an H-1B cap-subject petition with USCIS.

Congratulations to all those who were selected!

How will I know if I was selected in the lottery?

Petitioners with selected registrations will have their myUSCIS online organizational accounts updated to include a selection notice, which includes details of when and where to file. If you submitted your electronic registration with the assistance of an attorney, you should contact your legal representative to determine whether you were selected in the randomized lottery and your next steps.

Please note that a registrant’s USCIS online account will show one of the following statuses for each beneficiary registered:

  • Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
  • Selected: Selected to file an H-1B cap petition.
  • Not Selected: Not eligible to file an H-1B cap petition based on this registration.
  • Denied – duplicate registration: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
  • Invalidated –failed payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
  • Deleted: The submitted registration has been deleted and is no longer eligible for selection.

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boeing-159589_1280A new article published in the New York Times reveals the 43 countries that are reportedly included in President Trump’s new travel ban, expected to be released by executive order on Friday March 21st.

According to anonymous government sources, the White House is considering a draft proposal establishing partial or full suspensions on entry to the United States for countries falling into three different tiers: red, orange, and yellow.

The “red” list of countries includes nationals whose entry to the United States would be barred for a temporary period that is yet to be determined by the U.S. government including:

  • Afghanistan
  • Bhutan
  • Cuba
  • Iran
  • Libya
  • North Korea
  • Somalia
  • Sudan
  • Syria
  • Venezuela and
  • Yemen

The draft proposal also includes an “orange” list of countries whose nationals would not be barred from the United States, but who must be properly vetted and screened at mandatory in-person visa interviews before gaining admission to the United States.

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ai-generated-8775943_1280We knew it was coming. The Trump administration is preparing to roll out a new ban on travel to the United States, restricting the entry of citizens from certain countries for which vetting and screening warrants a partial or full suspension of admission to the United States. This travel restriction is rumored to take place by executive action next week.

If this sounds like déjà vu, that’s because it is.

During his first term in office, in 2017 Trump signed Executive Order 13769 entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States,” which banned nationals from seven Muslim-majority countries from entering the United States for a period of 90 days.

This executive order caused international chaos, due to several key provisions:

  • It suspended the entry of immigrants and non-immigrants from seven predominantly Muslim countries including Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen – for 90 days
  • The order indefinitely suspended the entry of Syrian refugees
  • It reduced the number of refugees to be admitted to the United States in 2017 to 50,000
  • The U.S. Refugee Admissions Program (USRAP) was suspended for 120 days

Implementation of this executive order led to controversy and numerous legal challenges:

  • More than 700 travelers were detained, and up to 60,000 visas were “provisionally revoked”
  • Protests and chaos erupted at airports across the country
  • Multiple lawsuits were filed in federal court challenging its constitutionality

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